MCC-11-0018-RFQ.docx

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NO.

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NO.

5. SOLICITATION NO.

MCC-11-0018-RFQ

6. SOLICITATION ISSUE DATE

12/03/2010

7. FOR SOLICITATION

INFORMATION CALL

a. NAME William Hummel (Contractor Representing MCC)

b. TELEPHONE NO. (No collect calls)

(202) 521-3935

8. OFFER DUE DATE/LOCAL TIME

1/3/2011, 2:00pm EST

9. ISSUED BY CODE

DESTINATION UNLESS BLOCK IS MARKED

|_| SEE SCHEDULE

12. DISCOUNT TERMS

Millennium Challenge Corporation 875 Fifteenth Street, N.W Washington, D.C. 20005

William Hummel, Contractor Representing MCC hummelwi@mcc.gov / Liz Sandoval, Contract Specialist sandovalla@mcc.gov

|_| UNRESTRICTED OR

|X| SET ASIDE: 100% FOR

|_| SMALL BUSINESS

` EMERGING SMALL BUSINESS

|_| HUBZONE SMALL BUSINESS

|X| SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS

|_| 8(A)

13b. RATING

NAICS: 541519

SIZE STD: $25M

15. DELIVER TO CODE

16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE

XD01

DUNS: TIN:

TELEPHONE NO: EMAIL :

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

The Millennium Challenge Corporation seeks to establish an Indefinite Delivery/Indefinite Quantity Contract for Business and Technical Support for the Strategic Activities of the OCIO Front Office.

This is a combined synopsis/solicitation for commercial services prepared in accordance with FAR Subpart 12.6.

This acquisition is set aside for Service- Disabled Veteran-Owned Small Business (continued)

BASE YEAR - 09/5/2009-09/04/2010

AFTER HOURS TRAVEL HELP DESK OFF-SITE

(APPROXIMATELY 50 CALLS PER MONTH @$12 EACH)

Monthly

$600.00

$7,200.00

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

|X| 27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA |X| ARE |_| ARE NOT ATTACHED.

|_| 27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA |_| ARE |_| ARE NOT ATTACHED.

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

MCC 09-0049-CON-46 Emergency Alert Workforce Website Service Page 2 of 14

Table of Contents

MCC-11-0018-RFQ 2

MCC-11-0018-RFQ 42

SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 INDEFINITE DELIVERY/INDEFINITE QUANTITY CONTRACT

This is a solicitation for an Indefinite Delivery/Indefinite Quantity (IDIQ) contract. The period of performance is a base year and four one-year options. The solicitation is issued in accordance with FAR 12.6 and FAR 13.5. Under the IDIQ, Task Orders will be issued, at the discretion of the Millennium Challenge Corporation (MCC), for business and technical support for the strategic activities in the MCC Office of Chief Information Officer Front Office (OCIO-FO). Task Orders may be issued on a Firm-Fixed Price or Time-and-Materials basis. The types of services the contractor will likely perform under this IDIQ are detailed herein. Proposals for Task Order 01 (Attachment B) are also requested.

B.2 GUARANTEED MINIMUM AND CONTRACT CEILING

The guaranteed minimum under the contract (including base contract year and ALL option years) is $2,500.00. The ceiling is $5,000,000.00.

B.3 CONTRACT LINE ITEM NUMBERS

TOTAL

Ceiling $5,000,000.00

B.4 LABOR CATEGORIES AND PRICES AND MATERIAL HANDLING RATE

The contractor shall provide labor rates, conforming to the labor categories and qualifications in Section H.8, applicable to the IDIQ contract, as well as the proposed General and Administrative and/or Material Handling rate to be applied to Other Direct Costs for Task Orders issued on a Time-and-Materials basis.

Note: Additional labor categories, rates and qualifications that the offeror considers necessary to perform Task Orders under the contract should be added.

Labor Category

General and Administrative and/or Material Handling rate to be applied to Other Direct Costs (applicable to Task Orders issued on a Time-and-Materials basis).

SECTION C - DESCRIPTION/SPECIFICATIONS

C.1 INTRODUCTION

The Millennium Challenge Corporation (MCC) is a Federal Corporation created under Title VI of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004. The MCC’s mission is to provide well-performing countries with large-scale grants to fund country-led solutions for reducing poverty through sustainable economic growth. There are two primary types of MCC grants: compacts and threshold programs.

Compacts are large, five-year grants for countries that pass MCC’s eligibility criteria.

Threshold programs are smaller grants awarded to countries that come close to passing these criteria and are firmly committed to improving their policy performance.

MCC is a small organization limited to 300 Washington, DC employees distributed among six departments: the Office of the CEO, the Office of the General Counsel, the Department of Policy and Evaluation, the Department of Congressional and Public Affairs, the Department of Compact Operations, and the Department of Administration and Finance, which includes the Office of Chief Information Officer (OCIO).

C.2 BACKGROUND

Despite a substantial investment in Information Technology (IT), the federal government continues to face challenges to delivering modern strategies, systems, and management policies and practices. The CIO is increasingly asked to participate in long-term strategic business transformation initiatives, while concurrently managing the IT organization and systems that support ongoing business operations. To be effective, the CIO must foresee business-changing opportunities inspired by strategic technology innovations and must listen to colleagues across the business units in order to translate their input into a technology strategy that supports their collective needs and adheres to the agency’s guiding principle of reducing poverty through growth.

Figure 1 - Components of Transformation

To achieve the strategic goals of the agency, the CIO seeks to introduce technology services that enable staff to be more effective. Going forward the focus will not be on looking for opportunities to enhance individual employee productivity and streamline operations but will instead be on delivering on the OCIO’s ability to achieve results better, cheaper and faster which will lead to improved service delivery for internal and external customers.

Figure 2 – OCIO Strategic Goal

OCIO RESPONSIBILITIES

In support of the MCC mission and agency strategic goals and in alignment with the Federal CIO Roadmap, the CIO has direct responsibility for the following areas:

Strategic Planning Enterprise Architecture Budget Formulation and Capital Planning and Investment Control (CPIC) E-Gov and IT Implementation Program Management and Performance Security and Privacy MCC’s IT investments are reviewed by the Enterprise Architecture Steering Committee (EASC) which authorizes and prioritizes all major IT investments, while the OCIO has responsibility for the implementation and operation of all computing systems. In support of this model, the OCIO is organized around four functional areas: a front office management team, an operations team, a program management team, and an oversight team.

Figure 3 - OCIO Organization

Core responsibilities for the four functional areas break down as follows:

The OCIO Front Office (OCIO-FO) is responsible for the developing and implementing the strategic direction for the division, identifying and responding to changing business needs, overseeing and managing the division budget, and planning and executing the division acquisition strategy.

The Program/Project Management (PMO) functional area is responsible for enterprise architecture and planning, project management, and business application development.

The Operations and Maintenance (OPS) functional area is responsible for external relationship management, back office support, client liaison services and support, and application/database management. Currently the OPS function is supported by a hosted/outsourced model that is managed by an external commercial hosting provider, under contract with the MCC.

The Compliance, Oversight, and Monitoring (COM) functional area is responsible for federal mandate compliance, audit response, information security, and overall program monitoring.

C.3 SCOPE

The contractor shall provide business and technical support for accomplishing strategic activities for the OCIO, MCC. Potential Task Orders that are illustrative of future Task Order activities are detailed below. Desired outcomes and constraints including deliverables, performance requirements, quality assurance standards etc., will be developed for each Task Order issued by MCC.

C.4 OBJECTIVES

Objective 1--Strategic Vision, Planning, and Management functions:

Align IT strategy and planning with MCC’s business goals to include definition of long-term strategic responsibility for the MCC’s IT systems.

Optimize information management approaches through an understanding of evolving business needs and technology capabilities.

Promote use of a shared infrastructure and applications to reduce costs and improve information flows and ensuring that projects do not duplicate functionality or diverge from each other and business and IT strategies.

Manage risks associated with information and IT assets through appropriate standards and security policies.

Develop and manage reports to include OMB reporting, audit tracking/reporting, metrics definition and management, and OCIO dashboard development.

Provide input to and/or developing policies, standards and guidelines that direct the selection, development, implementation and use of Information Technology within the enterprise.

IV&V for MCC systems to validate that the policies, initiatives, and systems are consistent with the agency’s strategies, comply with federal mandates, support business needs, and meet contractual requirements.

Support reporting and tracking functions to include OCIO dashboard development and management.

Task Orders in support of Strategic Vision, Planning, and Management functions may include:

IV&V of MCC’s systems such as:

· Enterprise Content Management (ECM)

· Administration and Finance Integrated System (AFIS) Updated strategic plan Risk analysis and management for the SharePoint 2010 deployment Draft response for the IT Governance audit Develop/update the OCIO dashboard Objective 2--Capital Planning and Investment/Financial Management functions:

Ensure that IT investments directly support and align with the MCC’s mission and strategic goals.

Provide expertise to ensure business processes are appropriately reengineered before investing in IT to support those processes.

Provide an analysis of investments to ensure that they demonstrate a strong business case documenting the financial, technical and strategic merits justifying the investment. Investments shall:

· Align with MCC Enterprise Architecture (EA).

· Fill a performance gap in MCC’s ability to meet strategic goals and objectives at the lowest life cycle cost among viable alternatives.

· Have an acceptable business case demonstrating strong project management capabilities as well as sound investment planning.

· Achieve a positive return on investment that is equal to or greater than that achievable through alternative use of resources.

· Provide risk-adjusted cost and schedule goals, and measurable and achievable performance goals.

· Provide a comprehensive risk management plan.

Assure that earned value management (EVM) processes are in place to manage OCIO programs.

Budget formulation and support.

Support OCIO reporting functions to include developing/updating OMB 300/53s.

Task Orders in support of Capital Planning and Investment/Financial Management functions may include:

OMB 300/53’s for MCC investments

· Enterprise Content Management (ECM)

· Administration and Finance Integrated System (AFIS) Develop and implement EVM processes Develop and manage the Risk Management Plan for key IT investments such as MCC’s integrated data analysis system (MIDAS) Business case for the deployment of a third party solution to support Human Resource functions such as the employee assessment process.

Objective 3--IT Governance Functions:

Strategic Alignment Value Delivery Resource Management Risk Management Performance Management

Task Orders in support of IT Governance functions may include:

Develop a COBIT compliant IT Governance Plan for MCC OCIO Objective 4--Acquisition Support Functions:

Provide pre and post acquisition support to include assisting in the development of Task Orders and conducting research to assess trends that are driving technology.

Provide subject matter expertise to aid in the definition of technical and functional requirements and work with solutions architect(s) to provide a consensus based enterprise solutions that are scalable, adaptable, and in synchronization with ever changing business needs.

Task Orders in support of Acquisition Support functions may include:

Draft Task Order for the procurement of a third party SharePoint tool for system management Report on the feasibility of migrating to a cloud based infrastructure Market research on commercial off-the-shelf (COTS) records management solutions Objective 5--Policy and Procedure Functions:

In support of the OCIO division, assist in the development and update of policies and procedures to include financial and acquisition management.

Task Orders in support of Policy and Procedure functions may include:

IT Governance Policy and Procedures Privacy Management Policy and Procedures

SECTION D - PACKAGING AND MARKING

Unless otherwise specified in individual Task Orders, all deliverable items shall be preserved, packaged, and packed in accordance with normal commercial practices. Where special or unusual packing is specified, such packing details must be the subject of an agreement independently arrived at between the Contractor and MCC.

SECTION E - INSPECTION AND ACCEPTANCE

E.1 INSPECTION AND ACCEPTANCE BY THE GOVERNMENT

The MCC will review and verify that all services and deliverables associated with this IDIQ contract fulfill the requirements and standards stated in this IDIQ contract and in the associated Task Orders. The MCC will review all Contractor-generated deliverables in accordance with Section F. The Contracting Officer, Contracting Officer’s Technical Representative (COTR) and/or Project Monitor (PM) will notify the Contractor in writing of approval or disapproval of a deliverable. For a work product that is not accepted, the Contractor shall make corrections and resubmit the deliverable within 7 days of receipt at no cost to MCC.

E.2 RESPONSIBILITY FOR INSPECTION AND ACCEPTANCE

Inspection and acceptance of all items and services under this IDIQ contract and task orders will be accomplished by the COTR and/or PM.

The COTR and/or PM will notify the contracting office promptly after the specified date of delivery of supplies or services not received, damaged in transit, or not conforming to the statement of work. Unless extenuating circumstances exist, the notification should be made not later than 30 days after the specified date of delivery. If the Contracting Officer determines that services, work, or materials being furnished do not meet the required standards, the Government reserves the right to have the work performed elsewhere, charging the contractor with costs involved, subject to the provisions of FAR§52.249-8.

SECTION F - DELIVERIES AND PERFORMANCE

F.1 DELIVERABLES

Deliverables, standards, processes, plans, and applicable reference materials will be specified under individual Task Orders issued under the IDIQ contract. Copies of all deliverables will be made available by the contractor to the MCC upon request by the MCC Contracting Officer and will be delivered to the Contracting Officer’s Technical Representative (COTR).

The Contractor shall establish and maintain a comprehensive reference index of all relevant documents reviewed by the Contractor. Any and all such documents made available and collected by the Contractor, will be compiled in usable form and delivered in an organized fashion to MCC at the end of the contract.

F.2 DESCRIPTION OF POTENTIAL TASK ORDER DELIVERABLES

Task Orders may specify deliverables such as the following:

a) Documented standards for development projects and acquisition that follow the life cycle of the ultimate deliverable.

b) Updated OCIO Strategic Plan.

c) Policies and Procedures for areas such as:

· OCIO Investment Portfolio

· OCIO Resource Allocation

· OCIO Budget Preparation

· OCIO Acquisition

· OCIO Development

· OCIO Risk Management for third party service providers

d) OCIO Reporting and Management Dashboard.

e) Providing support for the following soft deliverables:

· Business requirements – Develop project initiation documents to include what the needed achievements will be and the quality measures. These requirements shall be expressed in terms of broad outcomes the business requires rather than specific functions the system may perform.

· Functional requirements – Document the description of what a system, process, or product/service must do in order to fulfill the business requirements.

· User (stakeholder) requirements – Interpret and document the needs of the stakeholders to include how the product will be designed and developed, and how test cases must be formulated.

· Quality-of-service (non-functional) requirements – Support the development of requirements that guide performance, scalability, quality of service (QoS), security and usability.

· Implementation (transition) requirements – Define capabilities or behaviors that enable transition from the current state of the enterprise to the desired future state, but that will thereafter no longer be required.

· Traceability matrix – Manage the OCIO’s requirements matrix through each stage of the project life cycle. Assist with mapping high level concepts to scope items, individual requirements, and corresponding functions. Ensure that changes in scope during the life of the project are managed by the PMO. Validate that at project close, the matrix shows each function built into a system, its source and if applicable the reason that any stated requirements were not delivered.

F.3 DELIVERY

a. All services requested under this IDIQ contract shall be delivered to the address as specified by each individual Task Order.

b. All deliveries shall be made within the time specified in the Task Order.

c. Delivery of all items under this IDIQ contract shall be F.O.B. Destination and shall be shipped “all transportation cost prepaid.”

F.4 PLACE OF PERFORMANCE

Performance location will be at the contractor’s facilities or at MCC Headquarters offices located in the District of Columbia. Neither domestic nor international travel is anticipated under this contract. An appropriate workstation, including computer and telephone will be provided by MCC at the MCC headquarters location in Washington DC. MCC program offices are located at 875 Fifteenth Street, NW, Washington D.C., and MCC’s OCIO-FO is located at 1401 H Street, NW, Washington, D.C.

F.5 PERIOD OF PERFORMANCE

The performance period of the IDIQ Contract is one year, with four one year each option periods, commencing with the date of award of the contract.

NOTE: The current anticipated award date is on or about January 31, 2011.

F.6 TASK ORDER PERIOD OF PERFORMANCE

The term for each Task Order placed under the IDIQ Contract will be specified in the individual Task Order. Under no circumstances may a Task Order be placed under the Contract if the Contract has expired, or has been terminated or cancelled by the Government. No Task Orders may exceed five (5) years, inclusive of options, from the date that the Task Order is placed; however, no Task Order may extend more than one (1) year after the expiration of the Contract. Task Order options, if included at initial issuance of the Task Order, may be exercised after the expiration date of the Contract.

F.7 QUALITY ASSURANCE

The Contractor shall have in place and maintain a Quality Control Plan (QCP) that covers, as a minimum, how the Contractor intends to meet the requirements of all performance objectives, monitor, and proactively manage Task Order requirements. It shall also include the mechanism by which the Government will be notified of performance related incidents that are likely to affect quality of services or impact mission accomplishment. The Contractor shall provide a copy of its QCP to the COTR within 30 days of the effective date of IDIQ contract award. Any proposed changes to the QCP shall be provided to the Contracting Officer for review and comment no later than 10 working days prior to the effective date of the proposed changes.

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 MCC52.204-70 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR) AND/OR PROJECT MONITOR (PM) (FEB 2009)

(a) The Contracting Officer (CO) may designate a Government representative to act as the Contracting Officer's Technical Representative (COTR) or Project Monitor (PM) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the COTR and/or PM and the Contractor. The designation letters will set forth the authorities and limitations of the COTR and/or PM under the contract.

(b) Modifications to this contract are effective only if reduced to writing and executed by the CO. The contractor is specifically prohibited from performing any work that is outside the scope of this contract without the approval of the CO. The Contracting Officer cannot authorize the COTR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

G.2 MCC 52.232-70 - INVOICE INSTRUCTIONS (FEB 2008)

Invoices shall be paid in accordance with the Prompt Payment Act, thirty days (30) following receipt of a proper invoice. The Contractor shall submit one copy of each invoice to the following address:

The Contractor shall submit each invoice electronically via email or fax to the following number:

Fax: 303.969.5151/7281 ATTN: MCC Payments, or Email: MCC_Accounting_NBCDENVER@nbc.gov.

As an alternative to electronic submission of invoices, one copy of each invoice may be submitted to the following address:

National Business Center M/S D-2773 7301 West Mansfield Avenue Lakewood, CO 80235-2230 If it is determined that the amount billed is incorrect the invoice may be revised by the Government, or the Contractor may be required to submit a revised invoice.

To constitute a proper invoice, each invoice must include the following information and/or attached documentation:

(1) Name, address and telephone of the Contractor;

(2) Date of invoice and invoice number;

(3) IDIQ number; Task Order number; also modification number, if applicable;

(4) Description of the supplies/services rendered (including hours incurred and billing rate, if applicable to the contract);

(5) A schedule depicting the following information:

(6) Name of Contracting Officer’s Technical Representative (COTR); and

(7) Signature of authorized representative of the firm with the following invoice certification:

“The undersigned hereby certifies to the best of my knowledge and belief that: the sum claimed under this contract is proper and due, and all the costs of contract performance have been paid, or to the extent allowed under the applicable payment clause, will be paid by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and amounts involved are consistent with the requirements of this Contract.”

BY: ______________________________________

TITLE: ___________________________________

DATE: ___________________________________

Inquiries regarding the status of invoices may be directed to NBC Accounting. The email address is: MCC_Accounting_NBCDENVER@nbc.gov.

G.3 MEETINGS

From time to time the Government may require attendance at meetings within the metropolitan Washington DC area at no additional cost to the Government.

G.4 CONTRACTOR PERFORMANCE SYSTEM

Past performance evaluations pertaining to the IDIQ Contract and Task Orders under the IDIQ Contract will reside in the Past Performance Information Retrieval Systems (PPIRS). The PPIRS functions as the central warehouse for performance assessment reports received from various Federal performance information collection systems. In order to review and respond to their surveys, Contractors will be required to register in the appropriate past performance assessment systems, as prescribed by the Contracting Officer.

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 GOVERNMENT DATA SUPPLIED TO THE CONTRACTOR

During the course of this contract, the Contractor will have access to Government data relevant to this project, as may be required. Any information not previously published, received from the Government in connection with this contract, or furnished to the Contractor from other sources in response to the Government’s requirements under this contract, will be restricted to this contractor and may not be disclosed or used for any other purpose, without the prior written approval of the Contracting Officer. These restrictions do not apply to information that:

1. Currently or subsequently enters the public domain (except by disclosure by the Contractor);

2. Has been released to any third party without restrictions; or

3. Is obtained by the Contractor independent of the Government.

H.2 KEY PERSONNEL

The Contractor is required to provide a lead, or project manager (PM), who will work closely with the MCC Project Monitor to ensure project timeliness and deliverables are achieved. The Contractor PM will coordinate completion of requirements and activities, and coordination with internal affected MCC organizations. At a minimum, the Contractor PM is considered a “key person.” The proposal shall indicate all other necessary key personnel as determined by the offeror.

[TO BE COMPLETED BY OFFERORS]

Labor Category Name

Project Manager TBD Resumes shall be provided for any key personnel with the proposal submission. Resumes shall be provided for any key personnel replacements. The Contractor must demonstrate that the qualifications of the prospective replacement personnel are equal to or better than the qualifications of the personnel being replaced. No replacement of key personnel shall be made by the Contractor without the written consent of the Contracting Officer (CO).

The Contracting Officer will notify the Contractor within 7 days after receipt of all required information of the consent on substitutes. No change in fixed unit prices may occur as a result of key personnel substitution. The contractor hereby agrees that the key personnel are critical to the performance of the contract and, therefore, MCC has the right of refusal for any personnel replacements, substitutions, or reassignments of duties of key personnel assigned. Finally, the contractor must be aware that it must submit key personnel information to MCC’s Office of Security for clearance prior to acceptance, and that all subsequent personnel changes will require prior COTR and Office of Security review and approval, and that these approvals are in addition to any pre-existing clearance status.

H.3 NON-PERSONAL SERVICES

a. The Government and the Contractor understand and agree that the services delivered by the Contractor to the Government are non-personal services. The parties also recognize and agree that no employer-employee or master-servant relationship exists or will exist between the Government and the Contractor. The Contractor and the Contractor's employees are not employees of the Federal Government and are not eligible for entitlement and benefits given federal employees.

b. Contractor personnel under this contract shall not:

(1) Be placed in a position where there is an appearance that they are employed by a Federal Officer, or are under the supervision, direction, or evaluation of a Federal Officer.

(2) Be placed in a position of command, supervision, administration or control over Government personnel.

H.4 CONFIDENTIAL AND SENSITIVE REQUIREMENTS

The following two paragraphs apply only to data or information released to the Contractor which the Contracting Officer's Technical Representative or Project Monitor identifies as confidential and/or sensitive:

a. The work to be performed hereunder and data released to the Contractor shall be treated as sensitive in nature and shall not be discussed with or released to anyone except Government employees assigned to the project and the Contractor's personnel working on the project.

b. The Contractor shall have the responsibility of having any employees working under this contract and/or having access to privileged information under this contract execute a statement to the effect that "no privileged information or data, oral or written, in connection with work under this contract shall be disclosed "to any persons," except as authorized by the Contracting Officer. These statements are to be maintained by the Contractor with copies provided to the COTR.

The Contractor shall complete the Confidentiality Agreement, Attachment C, upon award.

H.5 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM IMPLEMENTATION CONTRACT (JAN 2006)

Work under this contract may call for the Contractor to furnish important services in support of the design or feasibility of specific activities that may become part of a Millennium Challenge Corporation (MCC) Compact. In accordance with the principles of FAR Subpart 9.5, THE CONTRACTOR MAY BE INELIGIBLE TO FURNISH, AS A PRIME OR SUBCONTRACTOR OR OTHERWISE; THE IMPLEMENTATION SERVICES FOR ANY ACTIVITIES FOR WHICH IT PROVIDES SUBSTANTIAL DESIGN SERVICES EXCEPT FOR SUCH SERVICES THAT MAY BE FURNISHED UNDER THIS CONTRACT. If a determination is made that the contractor is ineligible for implementation services, the MCC Director of Contracts and Grants Management may authorize a waiver (in accordance with FAR 9.503) if the Director determines that preclusion of the Contractor from the implementation contract would not be in the Government’s best interest.

(End of clause)

H.6 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM FURNISHING CERTAIN SERVICES AND RESTRICTION ON USE OF INFORMATION (FAR 9.501)

(a) Task Orders under this contract may call for the Contractor to furnish important services in support of evaluation of contractors or of specific activities. In accordance with the principles of FAR 9.5, the contractor shall be ineligible to furnish, as a prime or subcontractor or otherwise, implementation services under any contract or Task Order that results in response to findings, proposals, or recommendations in an evaluation report written by the contractor. This preclusion will apply to any such awards made within 18 months of MCC’s acceptance of the evaluation report, unless the Head of the Contracting Activity authorizes a waiver (in accordance with FAR 9.503) determining that preclusion of the Contractor from implementation work would not be in the Government’s best interest.

(b) In addition, by accepting this contract, the contractor agrees that it will not use or make available any information obtained about another organization under the contract in the preparation of proposals or other documents in response to any solicitation for a contract or a Task Order.

(c) If the contractor gains access to proprietary information of another company (ies) in performing this contract, the contractor must agree with the other company(ies) to protect their information from unauthorized use or disclosure for as long as it remains proprietary, and must refrain from using the information for any purpose other than that for which it was furnished. The contractor must provide a properly executed copy of all such agreements to the contracting officer.

H.7 ORDERING PROCEDURES AND LIMITATIONS

Task Orders under this Contract may be made orally, by fax, by e-mail or by regular mail. Each Task Order will be assigned a Task Order number. Task Orders may be issued either as firm-fixed price or time-and-materials. Any MCC warranted contracting officer is authorized to issue Task Orders.

H.8 LABOR CATEGORY QUALIFICATIONS

Contractor personnel for each labor category identified in Section B shall meet the following minimum qualifications:

SECTION I - CONTRACT CLAUSES

I.1 The following clause is incorporated by reference:

FAR 52.212-4 - Contract Terms and Conditions-Commercial Items (June 2010), and Alternate I (Oct 2008).

I.2 CLAUSES INCORPORATED IN FULL TEXT:

The following clauses are incorporated in full text:

FAR 52.219-27 NOTICE OF TOTAL SERVICE-DISABLED VETERAN-OWNED SMALL BUSINESS SET-ASIDE (MAY 2004)

(a) Definition. “Service-disabled veteran-owned small business concern”—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) “Service-disabled veteran” means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from service-disabled veteran-owned small business concerns. Offers received from concerns that are not service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation will be made to a service-disabled veteran-owned small business concern.

(c) Agreement. A service-disabled veteran-owned small business concern agrees that in the performance of the contract, in the case of a contract for—

(1) Services (except construction), at least 50 percent of the cost of personnel for contract performance will be spent for employees of the concern or employees of other service-disabled veteran-owned small business concerns;

(2) Supplies (other than acquisition from a nonmanufacturer of the supplies), at least 50 percent of the cost of manufacturing, excluding the cost of materials, will be performed by the concern or other service-disabled veteran-owned small business concerns;

(3) General construction, at least 15 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns; or

(4) Construction by special trade contractors, at least 25 percent of the cost of the contract performance incurred for personnel will be spent on the concern’s employees or the employees of other service-disabled veteran-owned small business concerns.

(d) A joint venture may be considered a service-disabled veteran owned small business concern if—

(1) At least one member of the joint venture is a service-disabled veteran-owned small business concern, and makes the following representations: That it is a service-disabled veteran-owned small business concern, and that it is a small business concern under the North American Industry Classification Systems (NAICS) code assigned to the procurement;

(2) Each other concern is small under the size standard corresponding to the NAICS code assigned to the procurement; and

(3) The joint venture meets the requirements of paragraph 7 of the explanation of Affiliates in 19.101 of the Federal Acquisition Regulation.

(4) The joint venture meets the requirements of 13 CFR 125.15(b)

(e) Any service-disabled veteran-owned small business concern (nonmanufacturer) must meet the requirements in 19.102(f) of the Federal Acquisition Regulation to receive a benefit under this program.

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (Oct 2010)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Jul 2010) (Pub. L. 111-5).

__ (6) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

__ (7) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (8) [Reserved] __ (9)(i) 52.219-6, Notice of Total Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (10)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (11) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (12)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2010) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Jul 2010) of 52.219-9.

_X_ (13) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (14) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__ (15)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (16) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (17) 52.219-26, Small Disadvantaged Business Participation Program— Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

_X_ (18) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004) (15 U.S.C. 657 f).

_X_ (19) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C. 632(a)(2)).

_X_ (20) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X_ (21) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jul 2010) (E.O. 13126).

_X_ (22) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

_X_ (23) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

_X_ (24) 52.222-35, Equal Opportunity for Veterans (Sep 2010)(38 U.S.C. 4212).

_X_ (25) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).

_X_ (26) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).

_X_ (27) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (28)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (29) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (30)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

__ (31) 52.223-18, Contractor Policy to Ban Text Messaging While Driving (SEP 2010) (E.O. 13513).

__ (32) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

__ (33)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (34) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (35) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (36) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (37) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_X_ (38) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (39) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

_X_ (40) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

__ (41) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

__ (42) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

_X_ (43) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (44)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

__ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

__ (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for…