MCC-13-RFQ-0020_BPA_Threshold_Compact.pdf

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SECTION B. SUPPLIES OR SERVICES AND PRICES/COSTS

B.1. Contract Line Item Numbers

CLIN DESCRIPTION Qty Unit Unit Price Total Price

0001 FIXED PRICE

0002 COST REIMBURSEMENT

0003 INCENTIVE

0004 OTHER DIRECT COSTS

0005 LABOR HOUR Award through 12 Months Governance Expert Hr.

Labor Markets Expert Hr.

Administration and Civil Service Expert Hr.

Anticorruption Expert Hr.

Procurement Reform Expert Hr.

Public Expenditure Management Expert Hr.

Tax Policy and Administration Expert Hr.

Legal and Business Environment Expert Hr.

LABOR HOUR Month 13 through Month 24 Governance Expert Hr.

Labor Markets Expert Hr.

Administration and Civil Service Expert Hr.

Anticorruption Expert Hr.

Procurement Reform Expert Hr.

Public Expenditure Management Expert Hr.

Tax Policy and Administration Expert Hr.

Legal and Business Environment Expert Hr.

LABOR HOUR Month 25 through 36 Governance Expert Hr.

Labor Markets Expert Hr.

Administration and Civil Service Expert Hr.

Anticorruption Expert Hr.

Procurement Reform Expert Hr.

Public Expenditure Management Expert Hr.

Tax Policy and Administration Expert Hr.

Legal and Business Environment Expert Hr.

LABOR HOUR Month 37 through 48 Governance Expert Hr.

Labor Markets Expert Hr.

Administration and Civil Service Expert Hr.

Anticorruption Expert Hr.

Procurement Reform Expert Hr.

Public Expenditure Management Expert Hr.

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LABOR HOUR Month 49 through 61 Governance Expert Hr.

Labor Markets Expert Hr.

Administration and Civil Service Expert Hr.

Anticorruption Expert Hr.

Procurement Reform Expert Hr.

Public Expenditure Management Expert Hr.

B.2. Extent of Obligation

The Government is obligated only to the extent of authorized purchases actually made under the Blanket Purchase Agreement (BPA) on individual Call Orders.

B.3. Purchase Limitation

The limitation for individual purchases for commercial item acquisitions conducted under Subpart 13.303 is the Simplified Acquisition Threshold at the time of the Call Order.

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SECTION C. DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. Scope

C.1.1. The Millennium Challenge Corporation (MCC) intends to assist Host Country Governments (“Governments”) in designing threshold programs and compacts based on the findings of a completed constraints analysis (CA) for each country.

C.2. Objectives

C.2.1. Millennium Challenge Corporation (MCC) is seeking to establish Blanket Purchase Agreements (BPA) with multiple program analysis consultant vendors.

C.2.2. The intent is to establish multiple BPA between qualified vendors and MCC allowing MCC to contract simply and quickly with vendors to provide supplies and services within scope through the use of call orders.

C.2.3. This solicitation allows any and all firms interested to submit their proposals to MCC describing how their firm is capable and qualified to provide supplies and services to

MCC.

C.2.4. The BPA, in and of itself, does not directly or automatically provide funding to the qualified vendors.

C.2.5. MCC intends to utilize all available contracting vehicles to fulfill its continuing program analysis consultant requirements and to further competition.

C.2.6. MCC expects to make multiple awards resulting from this synopsis/solicitation; however, there is no guarantee of any call orders.

C.2.7. Vendors are not required to have a General Services Administration (GSA) contract in order to submit a proposal in response to this solicitation.

C.2.8. Each call order under a BPA is restricted to the simplified acquisition threshold unless the BPA is established with a GSA Federal Supply Schedule contractor.

C.2.9. All responsible sources may submit a capabilities statement which will be considered by

MCC.

C.2.10. Teaming is allowed and MCC encourages teaming with other small businesses.

C.2.11. All BPA orders are generally competed among the BPA holders using simplified acquisition procedures.

C.2.12. MCC reserves the right to limit competition for individual requirements to selected BPA holders, i.e., HUBZone or Service Disabled Veteran-owned businesses, to accomplish its socio-economic goals.

C.2.13. MCC's authorizing statute provides the Corporation with additional procurement flexibilities.

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C.2.13.1. MCC “may make and perform such contracts, grants, and other agreements with any person or government however designated and wherever situated, as may be necessary for carrying out the functions of the Corporation”.

C.2.14. The vendors shall supply qualified personnel and other services necessary to perform tasks including but not limited to:

C.2.14.1. Governance Expert

C.2.14.2. Labor Markets Expert

C.2.14.3. Administration and Civil Service Expert

C.2.14.4. Anticorruption Expert

C.2.14.5. Procurement Reform Expert

C.2.14.6. Public Expenditure Management Expert

C.2.14.7. Tax Policy and Administration Expert

C.2.14.8. Legal and Business Environment Expert

C.3. Background

C.3.1. The Millennium Challenge Corporation (MCC) is an innovative and independent U.S.

foreign aid agency that is helping lead the fight against global poverty.

C.3.2. Created by the U.S. Congress in January 2004 with strong bipartisan support, MCC is changing the conversation on how best to deliver smart U.S. foreign assistance by focusing on good policies, country ownership, and results.

C.3.3. MCC is managed by a chief executive officer, who is part of the nine-member Board of Directors. The Secretary of State, the Secretary of the Treasury, the U.S. Trade Representative, and the USAID Administrator serve on the board along with four private sector representatives. Additional information can be found at www.MCC.gov

C.3.4. Size

C.3.4.1. MCC by government standards is an extremely tiny organization. MCC is authorized by statute, not to exceed 300 full-time employees. MCC has in its authorizing statute authority to contract with personal services consultants.

C.3.4.2. The combination of full-time employees, personal services consultants and vendors hired to assist MCC carrying out its mission equals approximately 450 personnel located throughout the world.

C.3.5. Procurements are divided into two categories.

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C.3.5.1. One is for the developed compacts (MCA), which are Countries with signed Compacts solicit, award, and administer procurements for goods, works and services based on the programs designed in their Compact.

C.3.5.1.1. These procurements are awarded and administered by the country through an “accountable entity” (also known as an “MCA Entity”) the organization established by the country to manage the programs identified in their Compact.

C.3.5.1.2. MCC is not a party to these contracts.

C.3.5.2. The second category is for activities governed by MCC, for which this solicitation is intended.

C.3.5.2.1. The Millennium Challenge Corporation Headquarters awards contracts to complete its mission of helping the world’s poorest countries reduce poverty through economic growth.

C.3.5.2.2. These contracts provide opportunities to work directly with MCC.

C.4. Tasks

Tasks will be assigned per call orders.

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C.5. Documents

C.5.1. The Offeror must submit a document outlining the company’s capabilities.

C.5.1.1. The format is attached in the Excel spreadsheet, along with an example.

C.5.1.2. Offerors need not be capable of performing every requirement under the BPA.

C.5.2. Vendors shall submit in addition to the capabilities statement and the executive summary detailing how they can meet MCC's needs and their specialties.

C.5.3. Offerors shall also identify their experience in dealing with very small corporations, to include their logistics such as contract administration, ability to travel, flexibility, and innovativeness.

C.5.4. Vendor shall also submit past performance information in the format identified in the spreadsheet.

C.5.5. The spreadsheet also has a tab labeled "rates". Vendors shall submit fully loaded rates for any and all labor categories the vendor believes they can provide services to MCC.

C.5.5.1. Rates shall be submitted for all five years covering the BPA.

C.5.5.2. Rates shall coincide with the calendar year and only change on January 1 of every year.

C.6. Description of Agreement

C.6.1. The supplier shall furnish supplies or services, within the scope of the agreement, if and when requested by the Contracting Officer during the specified Period of Performance, described in Section F.

C.6.2. The Threshold Program is designed to help Governments to implement a long-term reform agenda in one or more of the areas identified as binding constraints to economic growth during the constraints analysis. A Compact is a multi-year agreement between the Millennium Challenge Corporation and an eligible country to fund specific programs targeted at reducing poverty and stimulating economic growth. MCC intends to procure the services of at least one subject matter expert in areas mentioned above. These consultants shall work together, and with the Government, including with a specially appointed Point of Contact in the Government and any additional team resources provided by the Government, as well as with MCC through a collaborative process. Each consultant shall supply the services and supplies necessary to perform the tasks to support the threshold program needs of the MCC both within the United States and abroad including but not limited to:

C.6.2.1. Conduct a deeper sector analysis, based on the key CA findings, of the policies and institutions that cause or reinforce the binding constraint to growth, including specific reform recommendations.

C.2.2.1.1. The Consultant and Government counterparts shall undertake a deeper

MCC‐13‐RFQ‐0020 Page 7 sector analysis into the policies and institutional arrangements contributing to the specific binding constraint to growth in the country. This analysis shall identify and isolate the key policies which cause or exacerbate the identified constraint. The Consultant shall analyze institutional arrangements and capacities, policies, laws, and/or regulations, including their implementation, and identify those policy and institutional issues which reinforce or cause this particular constraint to growth. The Consultant shall coordinate appropriately with other donors making investments in this area, and ensure that the sector analysis builds on relevant learning and analysis conducted by others.

C.2.2.1.2. As a final part of the sector analysis, and in collaboration with Government counterparts, the Consultant shall propose actions/policy reforms which shall be considered to remedy weaknesses in the sector.

The recommendations shall take account of practices, policies and arrangements shown to have been effective in resolving such constraints, and demonstrate an understanding of the context, data and experience of the country. The actions/reforms to be taken shall, if fully implemented, have a sufficient likelihood of improving key development outcomes including broad-based economic growth, provide a basis for further reform efforts, and provide a test of the country’s commitment to reform. The recommendations shall include proposed measures for expected impacts at all levels of the program logic, as well as sources of these measures. The sector analysis, shall include an assessment of the feasibility of implementing each of the reform actions recommended within three (3) years, based on an assessment of the Government’s commitment to the reform(s) and its capabilities to execute the reform(s), as well as any other factors which would affect implementation success. In discussions with MCC and the Government, the Consultant shall identify whether recommended interventions could be evaluated rigorously and whether various intervention methods could be tested to achieve intended results.

The Consultant shall evaluate factors motivating the Government to carry out reforms or hindering their ability to do so. The Government and Consultant shall rank order potential interventions by feasibility of implementation and by the estimated impact, if implemented. The Consultant shall also take into account and document related actions being addressed by the Government, Non-Governmental Organizations (NGOs) and/or other donors, and the likely success of these efforts.

C.6.2.2. For the Threshold Program: based on reform commitments by the Government, an assessment of both the implementation feasibility of reforms proposed and the cost effectiveness of the proposed interventions, facilitate the development of a Threshold Country Plan (“TCP”) in close consultation with MCC and other U.S. Government representatives.

C.2.2.2.1. Based on the sector analysis, the Consultant shall work in partnership with

MCC‐13‐RFQ‐0020 Page 8 designated Government counterparts and in consultation with other stakeholders, including MCC, to develop a coherent program design for an MCC Threshold Program investment in the sector identified by the binding constraint to growth. The program design shall distill the major findings from the preceding sector analysis, as well as the Constraints Analysis, and cull respective recommendations for program interventions.

The design shall propose a program linking inputs to outputs and outcomes, highlighting where elements supporting that logic are provided by others. The program design shall contain a monitoring and evaluation (M&E) plan which provides precise definitions of indicators of progress toward program objectives, data sources, and reasonable targets based on the program logic. The program shall also include a recommended budget over three years and shall include a description of recommended implementation arrangements.

MCC shall provide specific written guidance as to the format and content of the program design, as part of the broader Threshold Country Plan, to the Consultant within 60 days from the date of the award.

C.2.2.2.2. MCC shall also communicate directly with the Government, including the

Point of Contact, to assist in framing the objectives and approach to this analysis. The Consultant and the Government shall then develop the draft program design and present it to MCC. MCC, the Government, the Consultant, and other consultants engaged by MCC, shall work together to develop a final program design and overall Threshold Country Plan, and MCC shall seek appropriate MCC and USG feedback and approval.

SECTION D. PACKAGING AND MARKING

[RESERVED]

SECTION E. INSPECTION AND ACCEPTANCE

[RESERVED]

SECTION F. DELIVERIES OR PERFORMANCE

F.1. Period of Performance

The BPA shall have a period of performance of BPA Award through 12/31/2017.

F.2. Place of Performance

F.2.1. The primary place of performance is overseas locations where the Millennium Challenge Corporation has or may provide foreign assistance, including but not limited to Honduras, Tunisia, Niger, and Nepal.

F.2.2. See www.mcc.gov for current and potential future locations abroad.

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SECTION G. CONTRACT ADMINISTRATION DATA

G.1. Individuals Authorized to Purchase under the BPA

G.1.1. Any warranted Contracting Officer at the Millennium Challenge Corporation is authorized to purchase under this BPA within their specified warrant level.

G.2. Delivery Tickets

G.2.1. All shipments for supplies under the agreement, except those for newspapers, magazines or other periodicals, shall be accompanied by delivery tickets or sales slips that shall contain the following minimum information:

G.2.1.1. Name of supplier

G.2.1.2. BPA number

G.2.1.3. Date of purchase

G.2.1.4. Purchase number

G.2.1.5. Itemized list of supplies or services furnished

G.2.1.6. Quantity, unit price, and extension of each item, less applicable discounts (unit prices and extensions need not be shown when incompatible with the use of automated systems, provided that the invoice is itemized to show this information)

G.2.1.7. Date of delivery or shipment

G.3. Invoices

G.3.1. For supplies, a summary invoice shall be submitted at least monthly or upon expiration of this BPA, whichever occurs first, for all deliveries made during a billing period, identifying the delivery tickets covered therein, stating their total dollar value, and supported by receipt copies of the delivery tickets.

G.3.2. See Section H. for additional Invoicing Procedures.

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SECTION H. SPECIAL CONTRACT REQUIREMENTS

H.1. MCC 52.201-70 Contracting Officer’s Representative (COR) and/or Project Monitor (PM)

(JUL 2012)

(a) The Contracting Officer may designate a Government representative to act as the Contracting Officer's Representative (COR) 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 COR and/or PM and the Contractor. The designation letters will set forth the authorities and limitations of the COR and/or PM under the contract.

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

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H.2. MCC 52.204-70 Security Requirements for Contractor Personnel (JUL 2012)

Contractor employees and/or subcontractor personnel, while on MCC premises, shall be subject to and abide by all safety and security regulations of the MCC and shall be required to meet the same personnel security background requirements as MCC employees as outlined in MCC policies and procedures.

A. Contractor Personnel Facility Access Requirements (including offsite MCCNet access) Contractor personnel hired to work under contracts awarded by Millennium Challenge Corporation (MCC) and require access to MCC Headquarters, MCCNet, Sensitive But Unclassified (SBU), Foreign Government Information (FGI) or other MCC-Sensitive information must be U.S. citizens or have permanent resident status. Contractor personnel will undergo screening (background investigation) for this access. The screening will determine the individual’s suitability and fitness for work under MCC contracts. The background investigation will consist of a National Agency Checks with Law and Credit (NACLC) for public trust positions. Permanent Residents must have been in the country for a sufficient amount of time for the investigation results to be meaningful, usually five (5) but a minimum of two (2) years.

Contractor is required to have all effected personnel execute appropriate security forms (SF 85P, Fingerprint Charts, Releases) and submit to MCC’s Security Office before access to the facility or MCCNet is approved. Contractor personnel may work under the contract while the background investigation is being conducted. MCC Security Office will provide the necessary forms to the contractor. (Also see “Contract Award” below.)

Contractor personnel for whom unfavorable or derogatory information has been developed during the background investigation process will be presented to the person by MCC’s Security Office and offered an opportunity to refute, explain, clarify or mitigate the information in question. If an ineligibility determination is made by MCC’s Security Office, the individual will be ineligible to further render services under the contract and access to the facility and/or MCCNet will be immediately terminated.

The ineligibility decision will be communicated by the MCC Security Office through the contracting officer and COR to the contractor. The specific reasons for the ineligibility determination will be made available only to the effected individual directly by the MCC’s Security Office.

MCC will honor a previous investigation meeting or exceeding the MCC required investigation standard (NACLC) that was completed within the previous two years. Contractor personnel may be required to submit updated security forms.

B. Contract Employees Not Requiring Facility, MCCNet, or Sensitive Information Access Contractor personnel hired to work under contracts awarded by Millennium Challenge Corporation (MCC) and do not require access to MCC Headquarters, are preferred to be U.S. citizens or have permanent resident status. Employment of any foreign national working within the United States must have been lawfully admitted into the United States in accordance with immigration laws with eligibility to work within the United States. Employment of foreign national by MCC outside of the United States is subject to applicable security and legal requirements established by the Chief of Mission, United States Department of State, and United States Department of Treasury.

The contractor must provide to MCC’s Security Office the full name, date of birth, place of birth, social security number (except for foreign contractors not issued a number) and home address. MCC may use this information to screen contractor personnel through various government databases to determine their suitability and fitness for work under MCC contracts. Additional forms and background information may be requested to verify their suitability. Contractor personnel may work under the contract while the background investigation is being conducted.

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Contractor personnel on whom unfavorable, derogatory or questionable information has been developed will be given an opportunity to refute, explain, clarify or mitigate the information with MCC’s Security Office. If an ineligibility determination is made by MCC’s Security Office, the individual will be ineligible to further render services under the contract.

The ineligibility decision will be communicated by the MCC Security Office through the contracting officer and COR to the contractor. The specific reasons for the ineligibility determination will be made available only to the effected individual directly by the MCC’s Security Office.

C. Contractor Personnel Security Clearance Requirements The number of contractors cleared for access to classified information will be kept to a minimum, based on operational needs requiring the individual to access classified information or systems. The level of access approved will relate directly to the level of classified information the individual has a need to access.

1. Personal Service Contractors and Independent Contractors. MCC is responsible for security clearance actions associated with individuals who are directly compensated by MCC. MCC will request investigations and grant as appropriate, security clearances for Personal Service Contractors and independent contractor (including purchase orders) with individuals where MCC makes payment directly to the individual. The level of investigation and clearance granted will be based on the duties performed as compared with the position of an MCC employee in a similar position.

Contractor is required to execute appropriate security forms (SF 86, Fingerprint Charts, Releases) and submit to MCC’s Security Office before access to the facility or MCCNet is approved. Contractor may work under the contract while the background investigation is being conducted. MCC Security Office will provide the necessary forms to the contractor and process the background investigation and approve the clearance.

2. Secure Contract Classification. Classified contracts, grants, and cooperative agreements with organizations must comply with the National Industrial Security Program (NISP). Under the provisions of NISP, the Defense Security Service (DSS) will investigate and adjudicate security clearances required for contractor employees to have access to classified information. Organizations (contractors and recipients) and their employees not currently participating in the National Security Industrial Program (NISP) and wishing to conduct classified business with MCC must be sponsored by MCC, another agency, or by company that has been previously cleared. Once the secure contract is awarded, MCC Contracting Officer, in consultation with MCC’s Security Office, will be responsible for completing the Department of Defense Contract Security Classification Specification, DD Form 254.

D. Exceptions to Investigations Requirements Contractors are exempt from investigative requirements when working in temporary low risk positions that are intermittent and when not working on an MCC contract in excess of 180 days in either a single assignment or a series of assignments. Low risk positions involve duties and responsibilities of limited impact on an agency or program mission, with potential for limited impact on the efficiency of the service. Persons occupying these positions will not have unescorted access to the Department of State or its Embassies, Sensitive But Unclassified, Foreign Government Information, MCC-Sensitive information, or require logon access to MCC’s computer information network.

E. Issuing MCC Access Badges MCC Access Badges are issued by the Security Office to new employees, and personal service contractors and other contractors with permanent duty station assignment at MCC Headquarters.

Requirements before being issued a badge include submission of required security forms for processing a security clearance or facility access, and mandatory attendance at an MCC security briefing. Security briefings are scheduled on the first business day of the pay period and alternate weeks as determined by MCC’s Human Resources, and are generally held from 8:45 to 10:00 am. MCC Visitor Badges (escort not required) are temporarily assigned by the Security Office immediately after these requirements are met, pending processing of MCC Photo-Identification Badges.

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Contractors with the appropriate level background investigation and who are United States citizens may be eligible for 24/7 access to MCC headquarters. Foreign national with the appropriate level background investigation and issuance of an MCC Access Badge, will only be provided unescorted access during regular business hours (Monday through Friday, 7:30 am to 6:30 pm, excluding holidays and other MCC closings).

Contractor employees who have not submitted the required security forms and attended the MCC security briefing will not be issued MCC Access Badges and their access to MCC headquarters will require them to have an appointment and be escorted at all times while in MCC headquarters.

F. Work Performance The contractor shall prescreen all personnel covered under this clause to ensure they initially possess the necessary security requirements. In addition, the contractor is responsible to periodically, however, at least annually, review personnel security requirements to assure the individual statuses have not changed.

Unless otherwise provided herein, in no event will the need to obtain clearances (including access) from the MCC Security Office be considered an excusable delay under the contract. In addition, the need to replace personnel determined by the MCC Security Office to be ineligible will not be considered an excusable delay.

Failure to comply with the contractor personnel security requirements may result in termination of the contract for default.

G. Contract Award Within two (2) business days after notice of award from the contracting officer, contractor shall provide a listing of all personnel (and subcontractor personnel) working under the contract (unless otherwise stated in the contract) including the information and documentation required herein. This requirement does not include clerical or administrative support staff (unless otherwise stated in the contract).

The listing shall include individual’s full name, date of birth, place of birth, social security number (except for foreign contractors not issued a number) and home address. This listing shall state whether or not the individual will need a security clearance, MCC facility access, access to non-classified sensitive information, MCC Net access, or no access privileges. In addition, the contractor will provide a central point-of-contact regarding personnel security issues. The contracting officer will send a copy of the listing and point-of-contact to the MCC Security Office. It is the MCC Security Office’s responsibility to furnish the necessary form and initiate appropriate security action with the contractor’s point-of-contact. Once the forms have been provided to the contractor and/or employee, it is the contractor’s responsibility to assure that all requested information is submitted within ten (10) business days.

H.3. MCC 52.232-70 Invoice Instructions (JUL 2012)

Invoices shall be paid in accordance with the Prompt Payment Act, thirty days (30) following receipt of a proper invoice. The Contractor shall submit each invoice electronically via email or fax to the following:

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

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

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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) Contract number (including task order or call number and contract line item(s)) also modification number, if applicable

(4) Description (quantity, unit of measure, unit price, and extended price) of the supplies/services rendered (including hours incurred and billing rate, as applicable to the contract)

(5) A schedule depicting the following information:

Amount Invoiced This Period

Cumulative Amount Invoiced

Authorized Value of Contract

Balance Remaining on Contract

If the contractor is billing for costs incurred over more than a single month, the costs for each month in which the costs were incurred and shall be segregated into the month they were actually incurred.

(6) Name of Contracting Officer’s Representative (COR); 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: ___________________________________

Inquires regarding the status of invoices may be directed to NBC Accounting. The email address is:

MCC_Accounting_NBCDENVER@nbc.gov.

H.4. MCC 52.232-72 Limitation of Funds – Incrementally Funded Contracts (NOV 2006)

(a) Of the total price in Section B (or the “Prices” section), only the amount stated on the contract award document or subsequent modifications is now available for payment and obligated under this contract. It is anticipated that from time to time, additional funds will be obligated under the contract until the total price of the contract is obligated.

(b) The Government is not obligated to pay or reimburse the contractor more than the amount obligated pursuant to this clause. The contractor agrees to perform the contract up to the point at which the total amount paid and payable by the Government (including amounts payable for subcontracts and settlement costs if this contract is terminated for convenience) approximates but does not exceed the total amount obligated.

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(c)(1) If the contractor considers the funds obligated under this contract to be insufficient to cover the work to be performed until the date specified in Section B, or another date agreed to by the parties, the contractor shall notify the contracting officer in writing and indicate the date on which it expects expended funds to approximate 75 percent of the total amount obligated. The notice shall state the estimated amount of additional funds required to continue performance through the date for which incremental funds is provided. (2) If, after notification is provided pursuant to paragraph (c)(1) of this clause, additional funds are not obligated, or an earlier date than the date in Section B of this clause is not agreed to, the contractor shall not be obligated to continue performance under this contract (including actions under the termination clause of this contract) beyond the funds obligated for contract performance.

(d) When additional funds are obligated from time to time for continued performance of this contract, the contract shall be modified to increase the funds obligated and to indicate the period of performance for which funds are applicable. The contractor may notify the contracting officer as provided in paragraph (c)(1) of this clause regarding any additional funds obligated.

(e) This clause shall become inoperative upon obligation of funds sufficient to cover the full price stated in the contract, except for rights and obligations then existing under this clause.

(f) Nothing in this clause shall affect the Government’s right to terminate the contract for convenience or default.

(End of clause)

Note: When using the above clause, MCC52.232-72, the following language must be included in Section B to accompany the clause:

In accordance with clause MCC52.232-72, “Limitation of Funds – Incrementally Funded Contracts,” funds in the amount of [fill in amount] have been allotted to this contract. It is contemplated that funds now obligated under this contract will cover the work to be performed until [fill in date].

The Contractor shall not perform work on the contract which exceeds the total amount actually allotted by the Government to the contract. The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract. The contractor assumes the risk for any increased costs beyond what the Government obligates.

H.5. MCC 52.232-73 Travel Reimbursement (JUL 2012)

When authorized as part of the Scope of Work on this contract and within the contract ceiling and as approved by the Contracting Officer (CO) or Contracting Officer’s Representative (COR), travel expenses incurred in performance of technical directives issued under this task order may be reimbursed as allowed by the Federal Travel Regulations (FTR) in effect at the time of travel with the following exceptions for airline travel.

Airline accommodations shall be via coach class for the following:

All flights 14 hours or less;

Flights 14 hours or more during which the traveler has elected for a rest stop or use of a business class lounge during the trip. The rest stop or use of a business class lounge is given in lieu of business class accommodations; and

International flights defined as coach or coach with a rest stop may be found in the MCC Cabin Class Guidelines (available upon request).

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In accordance with FTR 301-10.124, exceptions to flying coach must be authorized.

Specifically, Premium class (Business or First) flights must be authorized in writing by the Contracting Officer.

The exceptions to flying coach are listed below:

1. Disability (aka medical accommodation) - Upon request, the COR shall provide the Business Class Upgrade- Medical Questionnaire for Assessment of Disability/Reasonable Accommodation form for submission.

2. Sanitation/Health – Coach accommodations on an authorized/approved foreign air carrier do not provide adequate sanitation or health standards.

3. Savings – Flying in non-coach status would provide significant costs savings to

MCC.

4. Security – If business class accommodations are essential to the successful performance of MCC’s mission for security purposes or exceptional circumstances when compared to coach.

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If the traveler meets one of the above exceptions, the traveler must submit a justification and receive written approval from the Contracting Officer prior to travel.

Travel reimbursement, which is part of ODC, shall not exceed the authorized ODC amount on the contract. To be reimbursable, the travel expenses must be:

1. Allowable under the FTR and the provisions of this contract and associated technical directives;

2. Approved prior to travel expenditure by the CO or COR; and

3. Allocable and necessary for performance of this contract and associated technical directives.

Travel reimbursement requests must be submitted in sufficient time for the CO or COR to give prior approval, and must identify:

1. The name of the traveler;

2. Destination (s) including itinerary;

3. Purpose of the travel; and

4. Cost breakdown.

To be reimbursed, invoices including travel expenses must provide a detailed breakdown of the actual expenditures invoiced. Contractor shall maintain the original or legible copy of receipts for all travel expenses invoiced when the expenditure is $75.00 or more. MCC reserves the right to request evidence of any travel expense paid.

NOTE: Travelers may upgrade flight accommodations at their own expense or through the use of frequent flyer miles if the coach airfare is upgradeable at no extra cost to MCC. Please see MCC Cabin Class Guidelines which prevails.

H.6. MCC 52.232-74 ODC Reimbursement (JAN 2007)

Other Direct Charges (ODCs) will be reimbursed for direct costs as provided in the contract and/or task order. To be reimbursed, invoices including ODCs, must provide a detailed breakdown of the actual expenditures invoiced. The contractor shall maintain the original or legible copy of receipts for all ODCs invoiced. MCC reserves the right to request evidence of any ODC reimbursed. To assure timely reimbursement of ODC’s, the contractor is strongly encouraged to submit charges within 45 days of the expense.

H.7. MCC 52.242-70 Contractor Performance Assessment Rating System (CPARS) Registration

(AUG 2011)

The Millennium Challenge Corporation (MCC) utilizes the Contractor Performance Assessment Rating System (CPARS) to evaluate contractor performance (see FAR, Subparts 42.1502 and 42.1503). Contractors doing business with MCC are required to register in CPARS accessible via the Internet at: http://www.cpars.csd.disa.mil/cparsmain.htm. An evaluation of contractor performance using the CPARS is mandatory for all contract actions exceeding $150,000, but may be conducted for contract actions lower than that amount should significant events occur such as a contract termination or extraordinary contract performance by the contractor. Inquiries regarding the registration process should be addressed to the CPARS help desk. The email address is WEBPTSMH@NAVY.MIL and the telephone number is (207) 438-1690.

MCC‐13‐RFQ‐0020 Page 18

H.8. MCC 52.243-70 Increase In Services (OCT 2006)

The services described in Sections B and C (statement of work) represent the Government’s best estimate for known requirements at this time. However, due to the uncertainty of the work, the Government reserves the right to add or delete services if the need arises.

H.9. Additional Labor Categories

In the performance of this agreement, it may become desirable to add new labor categories. In such cases, the Government may identify additional labor categories and the Contractor shall, in good faith, negotiate the hourly rates for the categories. Upon completion of such negotiation, the agreement may be modified to add the new categories.

MCC‐13‐RFQ‐0020 Page 19

SECTION I. CONTRACT CLAUSES

I.1. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

This contract incorporates one or more clauses by reference with the same force and effect as if they were given in full text. Upon request, the Contracting Officer shall make their full text available. Also, the full text of a clause may be accessed electronically at this address:

http://www.acquistion.gov/far/index.html

52.212-4 Contract Terms and Conditions—Commercial Items (FEB 2012) 52.230-22 Limitation of Funds (APR 1984) 52.232-1 Payments (APR 1984) 52.232-7 Payments under Time-and-Material and Labor-Hour Contracts (FEB 2007) 52.232-9 Limitation on Withholding of Payments (APR 1984) 52.232-20 Limitation of Costs (APR 1984)

I.2. 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items (APR 2012)

(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:

X (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)).

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

X (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).

X (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)).

X (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 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 (FEB 2012) (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).

X (6) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).

X (7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(FEB 2012) (41 U.S.C. 2313).

X (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Public Law 111-117, section 743 of Division D of Public Law 111-8, and section 745 of Division D of Public Law 110-161)

MCC‐13‐RFQ‐0020 Page 20

(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JAN 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(11) [Reserved] X (12) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

(13) (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.

X (14) 52.219-8, Utilization of Small Business Concerns (JAN 2011) (15 U.S.C. 637(d)(2) and (3)).

X (15) (i) 52.219-9, Small Business Subcontracting Plan (JAN 2011) (15 U.S.C. 637(d)(4)).

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

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

(iv) Alternate III (JUL 2010) of 52.219-9.

X (16) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

X (17) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

(18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(19) (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.

(20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged

Status and Reporting (DEC 2010) (Pub. L. 103-355, section 7102, and 10 U.S.C.

2323).

(21) 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 (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

(23) 52.219-28, Post Award Small Business Program Rerepresentation (APR 2012) (15 U.S.C 632(a)(2)).

(24) 52.219–29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (APR 2012) (15 U.S.C. 637(m)).

(25) 52.219–30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (APR 2012) (15 U.S.C. 637(m)).

X (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (MAR 2012)

(E.O. 13126).

(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

X (29 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (30) 52.222-35, Equal Opportunity for Veterans (SEP 2010) (38 U.S.C. 4212).

X (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

X (32) 52.222-37, Employment Reports on Veterans (SEP 2010) (38 U.S.C. 4212).

X (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

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X (34) 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.)

X (35) (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.)

X (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007)(42 U.S.C.

8259b).

X (37) (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.

X (38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving

(AUG 2011)

(39) 52.225-1, Buy American Act--Supplies (FEB 2009) (41 U.S.C. 10a-10d).

(40) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Mar

2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C.

3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41).

(ii) Alternate I (MAR 2012) of 52.225-3.

(iii) Alternate II (MAR 2012) of 52.225-3.

(iv) Alternate III (MAR 2012) of 52.225-3.

(41) 52.225-5, Trade Agreements (MAR 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (42) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(45) 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)).

(46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

X (48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

(49) 52.232-36, Payment by Third Party (FEB 2010) (31 U.S.C. 3332).

X (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(51) (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.

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(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:

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

X (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.).

X (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 U.S.C. 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 (SEP 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…