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SECTION A

A.1 53.301-1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS+4:

DUNS:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA 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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

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

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 60

MCC-13-RFQ-0124

08-08-2013

Millennium Challenge Corporation

Contracts and Grants Management Division

875 15th St, NW 711510

Suite 200, Merle Phillips, PSC Rep. MCC

Washington DC 20005 PSC:T016 $7 Million

X

N/A

X

Millennium Challenge Corporation

CGM

875 Fifteenth St., NW

Washington DC 20005

Millennium Challenge Corporation

Contracts and Grants Management Division

875 15th St., NW

Suite 200

Washington DC 20005

Interior Business Center

Interior Business Center

M/S D-2773

7301 West Mansfield Avenue

Lakewood CO 80235-2230

See CONTINUATION Page

Blanket Purchase Agreement (BPA) for Freelance

Multimedia Photojournalism/Videography Services for Millennium

Challenge Corporation (MCC).

See CONTINUATION Page

X X

Lisa Smith-Kulley

MCC-13-RFQ-0124 (Photojournalism/Videography)

Table of Contents

SECTION A

A.1 53.301-1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 Extent of Obligation

B.2 Purchase Limitation

B.3 SCHEDULE

Price/Cost Schedule

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

SECTION D - PACKAGING AND MARKING

SECTION E - INSPECTION AND ACCEPTANCE

SECTION F - DELIVERIES OR PERFORMANCE

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PROHIBIT ACTIVITIES

G.2 ADMINISTRATIVE DATA

G.3 NONPERSONAL SERVICES

G.4 ORDER FORMAT

G.5 AUTHORIZED LIMITS

G.6 OBLIGATION OF FUNDS

G.7 PRECEDENCE

G.8 AUTHORIZED INDIVIDUALS

SECTION H - SPECIAL CONTRACT REQUIREMENTS

H.1 MCC 52.201-70 Contracting Officer’s Representative (COR) and/or Project Monitor (PM) (JULY 2012)

H.2 MCC 52.203-70 CONTRACTOR NON-DISCLOSURE AGREEMENT (JULY 2012)

H.3 MCC 52.204-70 SECURITY REQUIREMENTS FOR CONTRACTOR PERSONNEL

(MAY 2013)

H.4 MCC INVOICE INSTRUCTIONS (JAN 2013)

H.5 MCC 52.232-73 Travel Reimbursement (MAY 2013)

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

H.7 MCC 52.242-70 CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARS) REGISTRATION (AUG

2011)

H.8 MCC 52.243-70 INCREASE IN SERVICES (OCT 2006)

H.9 KEY PERSONNEL

H.10 KEY PERSONNEL QUALIFICATIONS

PART II - CONTRACT CLAUSES

SECTION I - CONTRACT CLAUSES

I.1 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE

ORDERS--COMMERCIAL ITEMS (JAN 2013)

MCC-13-RFQ-0124 (Photojournalism/Videography)

I.2 52.232-99 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEVIATION) (AUG

2012)

I.3 NOTICE LISTING CLAUSES INCORPORATED BY REFERENCE

PART IV - REPRESENTATIONS AND INSTRUCTIONS

SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (DEC 2012)

SECTION L - INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

SECTION M - EVALUATION FACTORS FOR AWARD

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 4

SECTION B - SUPPLIES OR SERVICES AND PRICE/COSTS

B.1 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.2 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.

B.3 SCHEDULE

Price/Cost Schedule

The quantity required will be identified on individual call orders issued under this BPA. The rates listed in Section B.3 herein are fully burdened and inclusive of fee, if applicable.

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 5

(TO BE COMPLETED BY QUOTERS)

Period of Performance: 9/2013 – 9/2018

MCC Eligible Countries

DIRECT LABOR – Freelance Photojournalism/Videography

Item

Number

Description Unit Fixed Rate

9/13 – 9/14

Fixed Rate

9/14- 9/15

Fixed Rate

9/15 – 9/16

Fixed Rate

9/16 – 9/17

Fixed Rate

9/17 - 9/18

0001 Shooting

Days

Per Day

0002 Travel Days Per Day

0003 Photo

Editing

Per Hour

0004 Video Post-

Production

Editing

Per Hour

OTHER DIRECT COSTS

Item

Number

Description

0005 (a) Travel expenses (per diem, travel visa, domestic flights to and from within countries, ground transportation, (b) Storage media and archiving (DVD, SD card, etc.). Amount to be determined by MCC upon issuance of Call Order.

MCC will have exclusive rights for 3 years from the date of submission of images and a further 7 years of non-exclusive rights from the date of submission of images.

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 6

SECTION C - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Photojournalist/Videographer

1.0 Introduction and Background

The Millennium Challenge Corporation (MCC) is an innovative and independent U.S. foreign assistance agency that is helping lead the fight against global poverty. Created by the U.S. Congress in 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. MCC forms partnerships with some of the world’s poorest countries, but only those committed to good governance, economic freedom and investments in their citizens. MCC provides these well-performing countries with compact grants to fund country-led solutions for reducing poverty through sustainable economic growth. MCC grants are designed to complement other U.S. and international development programs, as well as create an enabling environment for private sector investment. More about MCC and the MCA-units can be found at the MCC website, www.mcc.gov.

2.0 Scope of Work

MCC seeks a freelance multimedia professional with expertise in photojournalism and documentary videography to provide striking imagery to effectively tell the stories of our beneficiaries and impact. The consultant shall provide expert services to MCC in the field of photojournalism and documentary videography to provide striking imagery to effectively tell the stories of MCC’s beneficiaries and impact. The multimedia professional (Photojournalist) will be expected to travel to MCC partner countries to capture documentary-style photographs and video footage to elevate awareness of the

MCC model and showcase impacts and results.

3.0 Tasks

The Photojournalist shall provide qualified personnel, necessary equipment, and materials to complete each assignment.

This is expected to include but is not limited to the following:

Digital high-resolution photos o Photos chronicling the life of beneficiaries in MCC countries o Photos depicting MCC programs and the impact of the agency’s investment o Photos showcasing MCC principles of country ownership and results

Photo editing

Multimedia photo projects

Digital HD video footage with sound o Footage chronicling the life of beneficiaries in MCC countries o Footage depicting MCC programs and the impact of the agency’s investment o Footage showcase MCC principles of country ownership and results

Video post-production and editing http://www.mcc.gov/

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 7

MCC will provide reasonable assistance and guidance to the Photojournalist regarding desired photographs and video footage, including but not limited to specifying persons and/or scenes to be photographed or filmed; providing a local contact to guide the Photojournalist to desired persons and/or scenes; coordinating pre-shoot consultations; and providing pre-production assets such as scripts and storyboards for video shoots.

MCC will reimburse the Photojournalist for reasonable expenses necessary to the performance of these services, to be agreed upon in writing prior to travel. These expenses include coach class airfare, ground transportation, and lodging, and will be reimbursed as Other Direct Costs.

4.0 Performance Standards

The Photojournalist will be evaluated on the following standards:

(a) Quality

Photojournalist to utilize professional grade digital photography equipment capable of withstanding a variety of environmental and shooting conditions and capturing minimum 20mp, 14-bit raw images for still photography, and professional grade videography equipment capable of capturing native 1920 x 1080 30p footage with synchronized

16-bit, 48kHz stereo sound.

Photojournalist to deliver both raw files and converted and edited files from shoots, with edits delivered in a losseless codec format in original resolution, with images and footage containing appropriate meta data (defined per shoot) and geotags, if possible.

Photojournalist to deliver aesthetic image quality comparable to contemporary award-winning photojournalism and documentary film making.

(b) Timeliness

Flexibility to deliver time-sensitive edited shots within 24 hours and event-based shots and footage in real-time should it be required.

(c) Cost

Additional costs not included in BPA to be clearly stated and justified prior to cost incurrence.

(d) Professionalism

Photojournalist to exhibit utmost professionalism and cultural sensitivity in events and interactions with beneficiaries and high-level diplomatic officials

5.0 Deliverables

Deliverables will be specified in individual call orders.

6.0 Timing and Reporting

All formal communication with MCC, including reports, will be submitted to the COR/PM. The COR/PM for this requirement will be identified via separate correspondence.

The COR/PM will have technical responsibility for monitoring the contractor’s performance. The COR/PM will review and evaluate the contractor’s performance, and also will coordinate any communications with relevant counterparts, agencies, and organizations.

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 8

Any changes in terms will be made in writing and approved by the Contracting Officer. No representation of the

COR/PM shall serve as a basis for an alteration in the general scope or terms and conditions unless confirmed in writing by the Contracting Officer. The contractor must communicate with the Contracting Officer on all matters that pertain to the Contract terms. Proceeding with the work without proper contractual coverage could result in nonpayment for that work.

REMAINDER OF PAGE LEFT BLANK INTENTIONALLY

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 9

SECTION D - PACKAGING AND MARKING

Unless otherwise specified, all deliverable items shall be preserved, packaged, and packed in accordance with normal commercial practices, as defined in the applicable commodity specification. Where special or unusual packing is specified, such packing details must be the subject of an agreement independently arrived at between the Government and the Contractor.

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 10

SECTION E - INSPECTION AND ACCEPTANCE

Inspection and Acceptance shall be in accordance with FAR 52.212-4 (Incorporated by Reference).

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 11

SECTION F - DELIVERIES OR PERFORMANCE

Deliverables will be specified in call orders.

F.1 Deliverables

Deliverables shall include, but not be limited to the following:

Time sensitive edited shots within 24 hours

Events based shots in real time

Raw files and converted and edited files from shoots

Photos and footage chronicling the life of beneficiaries in MCC countries

Photos and footage depicting MCC programs and the impact of the agency’s investment

Photos and footage showcasing MCC principles of country ownership and results

Other – As required on a call order basis

F.2 Period and Place of Performance

The estimated period of performance is for five (5) years from September 2013 through September 2018 with an anticipated four (4) to five (5) trips per year

All work under this BPA will be completed at the contractor’s facilities, in any MCC eligible country and MCC offices in

Washington, D.C.

The Contracting Officer shall issue call orders when definite dates and locations have been determined by the COR and funds have been provided.

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 12

SECTION G - CONTRACT ADMINISTRATION DATA

G.1 PROHIBIT ACTIVITIES

The BPA holder shall not perform tasks under any resultant order which involve the following:

(a) preparation of any statement of requirements, objectives, or needs to be procured by the Government for services, whether to be acquired by future orders under the program, or by any other contract action at Millennium Challenge

Corporation;

(b) evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for services or any other supplies or services;

(c) formulation of "best value" criteria, acquisition plans, solicitations or strategies for the purchase of -like services;

(d) preparation of documentation for future orders for services.

(End of Clause)

G.2 ADMINISTRATIVE DATA

A Blanket Purchase Agreement (BPA) is hereby established between __________ and the Millennium Challenge

Corporation under the following terms and conditions incorporated in this BPA:

Primary Point of Contact:

Alternate Point of Contact:

DUNS NUMBER:

Cognizant Office (Include complete address):

Millennium Challenge Corporation Contracts and Grants Management Division 875 15th St, NW Suite 200 Washington

DC

20005

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 13

G.3 NONPERSONAL SERVICES

a. In performance of this contract, the BPA holder will provide services as required by program offices to support management of their overall mission. This will be based upon the order's performance work statement for the specific effort. Orders will be formally issued to the BPA holder as opposed to individual BPA holder employees.

b. The services required under the Agreement constitute professional and management services within the definition provided by FAR 37.201. Under this Agreement the Government will obtain professional services, which are essential to the Millennium Challenge Corporation mission but not otherwise available within Millennium Challenge Corporation.

c. The Government will neither supervise BPA holder employees nor control the method by which the BPA holder performs the required tasks. Under no circumstances shall the Government assign tasks to, or prepare work schedules for, individual BPA holder employees. It shall be the responsibility of the BPA holder to manage their employees and to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the

BPA holder feels that any actions constitute, or are perceived to constitute personal services, it shall be the BPA holder's further responsibility to notify the Contracting Officer immediately.

d. These services shall not be used to perform work of a policy/ decision making or management nature. All decisions relative to programs supported by BPA holders will be the sole responsibility of the Government. Support services will not be ordered to circumvent personnel ceilings, pay limitations, or competitive employment procedures.

G.4 ORDER FORMAT

Orders will be placed against this BPA via e-mail, Electronic Data Interchange (EDI), FAX, or in hardcopy format. Each individual BPA Order will describe the tasks, services and deliverables required.

G.5 AUTHORIZED LIMITS

The Government estimates, but does not guarantee, that individual BPA Orders placed against this Agreement may reach $20,000.00/per Order. This Order Limit may be increased by mutual agreement of the parties as necessary, in whole or part. The authorized Estimated Value of the Agreement is set at $400,000.00 over the period covered by the

Agreement; this Estimated Value is also not a guarantee. The Estimated Value Limit may also be raised in association with Order Limit increases or other conditions which, by mutual agreement of the parties, maybe considered necessary.

Authorization for individual orders above the stated order and/or Estimated Value must be coordinated through the

Contracting Officer before larger valued orders can be issued and prior to commencement of work. All unauthorized work, regardless of amount, will be processed through the ratification process.

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 14

G.6 OBLIGATION OF FUNDS

This BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders actually issued under the BPA by the Contracting Officer.

G.7 PRECEDENCE

The Terms and conditions included in this BPA apply to all purchases made pursuant to it. In the event of an inconsistency between the provisions of this BPA and the Contractor's invoice, the provisions of this BPA will take precedence.

G.8 AUTHORIZED INDIVIDUALS

Individuals Authorized to Place Orders: Any warranted Contracting Officer (CO) within their specified warrant level.

MCC authorizes the following entities to place orders: N/A

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 15

SECTION H - SPECIAL CONTRACT REQUIREMENTS

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

(PM) (JULY 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.

H.2 MCC 52.203-70 CONTRACTOR NON-DISCLOSURE AGREEMENT (JULY 2012)

All contractor employees or independent contractors engaged in this contract shall provide a non-disclosure agreement as follows signed by the individual contractor/consultant and, if a contractor employee, by the contractor’s contract administrator:

NON-DISCLOSURE AGREEMENT

I, _(contractor employee’s name) do solemnly swear (or affirm) that I will not divulge any information, whether obtained orally or in writing from, or data maintained by (Confidential Information) the Millennium Challenge

Corporation (MCC) to any unauthorized person for any purpose. I will not directly or indirectly use, or allow the use of Confidential Information for any other purpose other than that directly associated with my officially assigned duties for MCC.

Further, I will not directly or indirectly reveal or cause to be revealed the nature or content of any (Confidential

Information), except to authorized personnel.

I am aware that the unauthorized use of information may be a violation of law and this Agreement.

file:///C:/Documents%20and%20Settings/hamletjc/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/IAYKOVAV/Non-Disclosure%20Agreement%20Short%20Form.docx%23TOC

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 16

Company or Subcontractor

Understand that authorized persons refer only to persons assigned to a project requiring access to Confidential

Information or directly in the line of management over the project requiring access to the data.

[signatory]

Contract Administrator Date

H.3 MCC 52.204-70 SECURITY REQUIREMENTS FOR CONTRACTOR PERSONNEL

(MAY 2013)

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, including MCC’s Background Investigations and

Clearances (Security Clearances and Facility Access Clearances) for Federal Employment, Contract Service and/or Volunteer Service at the Millennium Challenge Corporation (MCC’s Background Investigations and Clearance policy).

A. Contractor Personnel Facility Access Requirements (including offsite MCCNet access)

Contractor candidates hired to work under contracts awarded by 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 in the U.S. Contractor candidates will undergo a background investigation for a facility access clearance (a.k.a. a “favorable suitability” determination per MCC’s Background

Investigations and Clearance policy. The screening will determine the candidate’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 a Moderate Risk Public Trust (MRPT) position and fingerprint imaging to be reported to FBI national databases and reported to MCC’s Security & Office Services-Security Office (MCC/Security).

For contract positions with and in support of an MRPT position, a non-U.S. citizen foreign national (FN) who has

Permanent Resident Status in the U.S. (a.k.a. holds a valid Alien Registration Card, commonly referred to as a “green card,” although the actual card is no longer green), the contractor candidate must have been residing, working and/or attending school in the U.S. for the last two (2), preferably three (3), years in order for a meaningful background investigation to be conducted and the contractor candidate will be required to report all residences, work venues and/or school registrations for the last seven (7) years. Processing a MRPT background investigation for a foreign national with

Permanent Resident Status may require waiting for receipt of a final Report of Investigation, at the discretion of

MCC/Security, which might take up to 120 days after the candidate’s reviewed background submission is released by

MCC/Security for assignment to an investigator.

MCC/Security can only make a determination of a contractor candidate’s eligibility to meet facility access clearance requirements when the candidate completes an on-line Questionnaire for Public Trust Positions (SF-85P) and

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 17

Supplemental Questionnaire for Public Trust Positions (SF-85PS) via OPM’s electronic Questionnaire for Investigations

Processing (e-QIP) which MCC/Security initiates and e-mails instructions to the candidate.

Contractor is required to have all affected personnel execute appropriate security forms, starting with MCC/Security’s

Personal Information Request Form (which must be completed, signed by the candidate and faxed to MCC/Security at

202-521-3590) as well as theSF85P/SF-85PS, related signature releases and supplemental forms and submit to fingerprint imaging) as well as the SF-85P/SF-85PS, signature releases and supplemental forms and submit to fingerprint imaging) to MCC/ Security within seven (7) days after MCC/Security e-mail request is sent before a determination will be made with regard to the contractor candidate’s access to MCC Headquarters or overseas RCD offices and/or MCCNet is approved. Contractor candidates may be permitted to work under the contract while the background investigation is being conducted at the discretion of MCC/Security. MCC/Security will provide the necessary background investigations forms

– which must be submitted via OPM’s on-line system – to each contractor candidate, whose Privacy Act protected rights will be protected in that details regarding a negative determination with regard to suitability will only be revealed to the individual contractor candidate by MCC/Security. (Also see “Contract Award” below.)

Contractor candidates for whom unfavorable or derogatory information is developed and/or reported during the background investigation process will be presented to the contractor candidate by MCC/Security and offered an opportunity to refute, explain, clarify or mitigate the information in question. If an ineligibility determination is made by

MCC/Security, the contractor candidate will be ineligible to further render services under the contract and access to MCC headquarters and/or any overseas MCC/Resident Country Director offices and/or MCCNet will be immediately terminated if the contractor candidate has been permitted to work in advance of completion of his/her background investigation

The initial ineligibility decision will be communicated by the MCC/Security through the contracting officer and COR to the contractor. The specific reasons for the ineligibility determination will be made available only to the affected contractor candidate directly by MCC/Security.

MCC/Security will follow USG-wide reciprocity mandate per The Intelligence Reform and Terrorism Prevention Act

(IRTPA) of 2004, Title III, Sec. 3001 (12/06/2004) and may accept, via reciprocity, a previous investigation meeting or exceeding the MCC required investigation standard (NACLC and fingerprinting) and a related adjudication for a clearance meeting or exceeding the MCC-required clearance. Per IRTPA, the investigation must have been completed within the previous two calendar years. Contractor candidates may be required to submit updated security forms.

MCC/Security’s decision to grant a facility access clearance to a contractor candidate will be communicated via the

STARS Sharepoint New Hires database and CGM will communicate the requirement for each contractor candidate to the contractor for attend MCC’s Orientation Program, which takes place on alternating Mondays at the start of each pay period. All contractor candidates who require on-site facility access and/or MCCNet access are required to attend MCC’s

Orientation Program which includes a Security Briefing, a badging appointment and an IT Briefing. After attending

MCC’s Orientation Program, MCC/Security will issue an HSPD-12 compliant MCC Photo ID Badge which will permit the contractor candidate with physical site access to MCC headquarters and will indicate on the face of the badge, the contractor candidate’s status as a contractor who does not have access to national security classified information.

B. Contract Employees Not Requiring Facility, MCCNet, or Sensitive Information Access

Contractor candidates hired to work under contracts awarded by MCC who do not require access to MCC Headquarters are preferred to be U.S. citizens or have Permanent Resident Status in the U.S. Employment of any foreign national (FN) working within the U.S. must have been lawfully admitted into the U.S. in accordance with immigration laws with eligibility to work within the U.S. Employment of a FN by MCC outside of the U.S. is subject to applicable security and legal requirements established by the Chief of Mission (a.k.a. Ambassador of the U.S. to the foreign country where the

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 18 non-U.S. citizen FN will be engaged as an MCC contractor) and the U.S. Department of Treasury. Each Chief of Mission is selected by the Secretary of State at the U.S. Department of State in consultation with The White House Office of

Presidential Personnel.

The contractor must provide to MCC/Security the full name, date of birth, place of birth, social security number (except for FN contractors not issued a social security number), home address, work telephone number and a home and/or personal cell telephone number via fax submission of MCC/Security’s Personal Information Request Form.

MCC/Security will use a contractor candidate’s Privacy Act protected Personally Identifiable Information (PII) to screen each contractor candidate 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 each contractor candidate’s suitability. Contractor personnel may be permitted, at the discretion of MCC/Security, work under the contract while the background investigation is being conducted.

Contractor candidates 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/Security. If an ineligibility determination is made by MCC/Security, the contractor candidate will be ineligible to further render services under the contract.

The ineligibility determination will be communicated by MCC/Security through the contracting officer and COR to the contractor. The specific reasons for the ineligibility determination will be made available only to the affected individual directly by MCC/Security.

C. Personal Services Contractor Security Clearance Requirements

The number of Personal Services Contractors (PSCs) cleared for access to national security classified information will be limited only to those PSCs encumbering a Full-Time Equivalent (FTE) Federal employee position, based on operational needs requiring the specific PSC to access national security classified information or systems in consultation with MCC’s

Human Resources Division and only with approval of the Vice President, Department of Administration & Finance. The level of access approved will relate directly to the level of national security classified information (secret = noncritical-sensitive FTE position or top secret = critical-sensitive FTE position) the PSC candidate requires in order to perform their official USG functions.

1. Personal Service Contractors (PSC). MCC/Security is responsible for investigation and clearance actions associated with PSC candidates who are directly compensated by MCC. MCC/Security will process the appropriate level of background investigations and grant appropriate level security clearances for all PSCs where MCC makes payment directly to the individual. The level of background investigation and clearance (secret = noncritical-sensitive or top secret

= critical-sensitive) granted will be based on the duties to be performed by the PSC as compared with the position of an

MCC Federal employee in a similar position.

PSC candidates will be required to execute background investigation forms, starting with MCC/Security’s Personal

Information Request Form (which must be completed, signed by the candidate and faxed to MCC/Security at 202-521-

3590) as well as a Questionnaire for National Security Positions (SF-86), signature releases and supplemental forms and submit to fingerprint imaging to be reported and reviewed by FBI national databases) and submit to MCC/Security before access to the facility or MCCNet is approved. PSC candidates may be permitted to work, at the discretion of

MCC/Security, under the contract while the background investigation is being conducted. MCC/Security will provide the necessary forms to the contractor candidate, will process the background investigation and grant, if interim name checks, credit check and fingerprint report permit, an interim secret-level security clearance and will adjudicate the PSC candidate’s final security clearance within twenty (20) days of receipt of the PSC candidate’s Report of Investigation

(ROI).

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 19

Being granted either an interim and/or final security clearance (the latter of which may be granted via reciprocity, per

IRTPA, if the PSC candidate has already been investigated and granted a security clearance by another Federal agency) require each PSC candidate to attend an MCC/Security Clearance Briefing and signature on a Classified Information

Nondisclosure Agreement (SF-312) before MCC/Security will grant the PSC candidate a security clearance.

MCC/Security’s decision to grant an interim or final security clearance to a PSC candidate will be communicated via the

STARS Sharepoint New Hires database and CGM will communicate the requirement for each PSC candidate to attend

MCC’s Orientation Program, which takes place on alternating Mondays at the start of each pay period. All PSC candidates who require on-site facility access and/or MCCNet access are required to attend MCC’s Orientation Program which includes a Security Briefing, a badging appointment and an IT Briefing. After attending MCC’s Orientation

Program, MCC/Security will issue an HSPD-12 compliant MCC Photo ID Badge which will permit the PSC candidate with physical site access to MCC headquarters and will indicate on the face of the badge, the PSC candidate’s status and level of security clearance granted.

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 NISP which much 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/Security, will be responsible for completing the Department of Defense Contract Security Classification

Specification, DD Form 254.

D. Exceptions to Investigations Requirements

Contractor candidates are exempt from investigative requirements when working in temporary Low Risk Public Trust

(LRPT) positions that are intermittent and when not working on an MCC contract in excess of 180 days in either a single continuous assignment or a series of assignments within a 365 day period. LRPT 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.

Contractor candidates are exempt from investigative requirements when working in a part-time Moderate Risk Public

Trust (MRPT) position, as defined in Section 4.18.2 of MCC’s Background Investigations and Clearances policy:

Moderate Risk Public Trust (MRPT) Position - Public trust positions in which an incumbent has the potential to have a moderate to serious impact on the integrity and efficiency of the service. Duties involved are considerably important to the agency or program mission with significant program responsibility or delivery of service. Positions include assistants to policy development and implementation; mid-level management duties or assignments; any position with responsibility for independent or semi-independent action; and delivery of service positions that demand public confidence or trust. At this time, MCC staffing of contractor and intern positions are all MRPT positions.

In addition, no part-time MCC MRPT contractor positions may exceed an aggregate of 1,200 hours within a 365 day period in either a single continuous appointment or series of appointments. If a contractor has not been investigated and has not been granted a facility access clearance by MCC/Security and the contractor’s compensated hours approach 1,150 within a 365 day period, the contractor’s hours must be closely monitored by contracting officer and COR so as not to exceed 1,200 hours. MCC will not be required to compensate any individual who has not been investigated and who has not been granted a clearance by MCC/Security for hours in excess of 1,200 hours. If work is required in excess of 1,200

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 20 hours, the work assignment must be re-advertised and all candidates must re-compete for any additional assignments not to exceed 1,200 hours within another 365 day period.

E. Issuing MCC Access Badges

A Homeland Security Presidential Directive-12 (HSPD-12) compliant MCC Photo ID Badge Federal credential (badge) will be issued to contractors, Personal Services Contractors and Personal Services Contractor-FTEs with a permanent duty station assignment at MCC Headquarters or at an overseas MCC/Resident Country Director Office. Requirements before being issued a badge include submission of required background investigation forms for processing a facility access for a contractor of PSC or a security clearance for a PSC and mandatory attendance at an MCC Orientation Program/Security

Briefing which are scheduled on the first business day of the pay period and alternate weeks as determined by MCC’s

Human Resources Division, and are generally held from 8:45 to 10:00 am, immediately followed by an IT Briefing. In addition, all PSCs whose position has been determined as one which requires access to classified information and whose investigation is sufficient to meet that requirement must attend an MCC/Security Clearance Briefing prior to being granted a security clearance and issued a badge. Due to HSPD-12, visitor badges are no longer available and all newly hired contractors, and PSC-s will require assistance from co-workers until their badge is issued by MCC/Security.

Contractors and PSCs who have undergone a background investigation (or who are in the process of undergoing a background investigation) and who are U.S. citizens may be eligible for 24/7 access to MCC headquarters. All non-U.S.

citizen foreign nationals, who hold Permanent Resident Status, who have undergone a background investigation (or who are in the process of undergoing a background investigation) will only be provided unescorted access during regular business hours (Monday through Friday, 7:30 am to 6:30 pm, excluding Federal holidays and other U.S. government closings).

Contractor and PSC candidates who have not submitted the required background investigation forms and attended the required MCC/Security Briefing(s) will not be issued a badge nor building access cards and their access to MCC headquarters will require them to have an appointment which is documented in MCC’s Workspeed Access Control

System and must be escorted at all times while in MCC headquarters.

F. Work Performance

The contractor shall prescreen all candidates covered under this clause to ensure they initially possess the necessary investigative and clearance requirements. In addition, the contractor is responsible to periodically, at least annually, review their employees’ clearance status to ensure that nothing has occurred which may negatively impact their employees’ eligibility for a clearance.

Unless otherwise provided herein in no event will the need to process background investigations and clearances (including physical on-site access at MCC facilities) from MCC/Security be considered an excusable delay under the contract. In addition, the need to replace contract personnel determined by the MCC/Security to be ineligible will not be considered an excusable delay.

Failure to comply with the contractor personnel background investigation and clearance requirements herein 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 list of all contractor candidates (and subcontractor candidates) 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).

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 21

The list shall include individual’s full name, work and home addresses, work and personal e-mail addresses, work and personal telephone numbers and personal cell telephone numbers. This list shall state and justify the level of access each contractor candidate will require; that is, MCC facility access, access to non-classified sensitive information, MCCNet access, or no access privileges. In addition, the contractor will provide a central point-of-contact regarding background investigation and clearance issues. If the contractor has documentation which evidences an individual contractor candidate’s previous/current background investigation and/or clearance status, the contractor will provide the individual contractor candidate’s PII and investigations/clearance status to MCC/Security via fax to 202-521-3590 in the form of a

Visit Letter. Upon a request from the contractor, a sample Visit Letter template will be made available to a contractor via e-mail from MCC/Security. The contracting officer will ensure that a STARS Sharepoint New Hires entry is made for each contractor candidate to ensure that MCC/Security is aware of future on-boarding of each contractor candidate. The contracting officer or COR is responsible to provide MCC/Security’s Personal Information Request Form to the contractor with instructions to have each contractor candidate complete, sign and fax to MCC/Security at 202-521-3590 so that their background investigation and clearance process can begin. All involved should be cautioned that the completed and signed Personal Information Request Form not be scanned/e-mailed to anyone at MCC. Once the Personal Information

Request Form has been provided to the contractor and/or contractor candidate, it is the contractor’s responsibility to assure that the Personal Information Request Form is faxed to MCC/Security at 202-521-3590 within three (3) business days. Once the Personal Information Request Form is received by MCC/Security, the individual contractor candidate’s eligibility for a clearance will be determined within three (3) business days. If a contractor candidate does not have a previous background investigation and clearance, MCC/Security will initiate an e-QIP and e-mail instructions to the contractor candidate to complete the investigative requirements (including fingerprinting) within seven (7) calendar days.

(End of clause)

H.4 MCC INVOICE INSTRUCTIONS (JAN 2013)

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:

Interior 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:

mailto:MCC_Accounting_NBCDENVER@nbc.gov

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 22

(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.5 MCC 52.232-73 Travel Reimbursement (MAY 2013)

Policy. When authorized as part of the Scope of Work on this contract/order and within the contract/order ceiling and as approved by the Contracting Officer’s Representative (COR) and/or other MCC officials as described below, travel expenses incurred in performance of technical directives issued under this contractor/order may be reimbursed as allowed by the Federal Travel Regulations (FTR) in effect at the time of travel. MCC’s supplemental policy interpretations are derived from the FTR and cannot grant additional benefits or adjust processes defined in the FTR. Supplemental policies of MCC set forth below:

mailto:MCC_Accounting_NBCDENVER@nbc.gov

MCC-13-RFQ-0124 (Photojournalism/Videography) Page 23

a) Traveler Responsibilities. All contractor travelers must:

1) Exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business;

2) Travel in accordance with the FTR and the MCC policies included in this document; and

3) Pay any charges or fees associated with non-compliance of FTR or any MCC policies included in this document, and any expenses incurred for personal convenience. For example, the traveler may become personally responsible for travel costs associated with unauthorized use of other than coach class accommodations, failing to follow the Fly American Act requirements, exceeding per diem rates, changing departure or return flights, purchasing unapproved items, etc. regardless of the fact that travel arrangements may have been booked by others (e.g., Travel Agency).

b) Cabin Class Standards

1) The standard cabin class for contractor air-travel is coach class, regardless of destination or travel time.

2) Coach “premium” class may be authorized for destinations which have a travel time of more than 14 hours, consistent with the Federal Travel Regulations and the approval standards outlined in paragraph

(f) of this document.

3) Business class travel accommodations will NOT be authorized except as determined through the approval process outlined in paragraph (f) of this document. This approval process is considered to be exceptional, to be part of a trip by trip analysis, and at the discretion of the government regardless of the destination or travel time.

c) Airlines and Flights. In accordance with the Fly America Act, contractors must use a U.S. flag air carrier service for all travel funded by the government beginning or ending in the U.S. unless a specific exemption to the “Fly America” rule applies. Flights on U.S. air carrier pairings with foreign carriers

(i.e., code share flights) are regarded as meeting Fly America requirements if the ticket is issued on the

American carrier and there is an American carrier flight number.

d) Limitations. 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/order and associated technical directives;

2) Approved prior to travel expenditure by the COR; and

3) Allocable and necessary for performance of this contract/order and associated…

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