Attachment_2_-_Provisions_and_Clauses.pdf

PSC Announcement – Attachment 2

Solicitation Phase

Version: Nov 2013

Contract Clauses for Full Time, Individual PSCs The intent of this document is to familiarize all prospective applicants with the contract clauses included in any resulting contract, if awarded.

Section I‐1 ‐ FAR Clauses:

The following contract clauses pertinent to this section are hereby incorporated by reference (by

Citation Number, Title, and Date) in accordance with the clause at FAR "52.252‐2 CLAUSES

INCORPORATED BY REFERENCE". Electronic access to FAR clauses is found at this internet address http://www.acquisition.gov/far/.

Clause Title Date

52.202‐1 DEFINITIONS JAN 2012

52.203‐3 GRATUITIES APR 1984

52.203‐5 COVENANT AGAINST CONTINGENT FEES APR 1984

52.203‐7 ANTI‐KICKBACK PROCEDURES OCT 2010

52.203‐8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR

ILLEGAL OR IMPROPER ACTIVITY

JAN 1997

52.203‐10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY JAN 1997

52.203‐11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO

INFLUENCE CERTAIN FEDERAL TRANSACTIONS

SEP 2007

52.203‐12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL OCT 2010

52.203‐16 PREVENTING PERSONAL CONFLICTS OF INTEREST DEC 2011

52.204‐2 SECURITY REQUIREMENTS AUG 1996

52.204‐4 PRINTED OR COPIED DOUBLE‐SIDED ON RECYCLED PAPER MAY 2011

52.204‐7 CENTRAL CONTRACTOR REGISTRATION FEB 2012

52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011

52.209‐10 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS

MAY 2012

52.215‐2 AUDIT AND RECORDS‐‐NEGOTIATION OCT 2010

52.215‐8 ORDER OF PRECEDENCE‐‐UNIFORM CONTRACT FORMAT OCT 1997

52.217‐8 OPTION TO EXTEND SERVICES NOV 1999

52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT MAR 2000

52.222‐21 PROHIBITION OF SEGREGATED FACILITIES FEB 1999

52.222‐26 EQUAL OPPORTUNITY MAR 2007

52.222‐35 EQUAL OPPORTUNITY FOR VETERANS SEP 2010

52.222‐36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES OCT 2010

52.222‐50 COMBATING TRAFFICKING IN PERSONS FEB 2009

52.222‐54 EMPLOYMENT ELIGIBILITY VERIFICATION JUL 2012

52.223‐5 POLLUTION PREVENTION AND RIGHT‐TO‐KNOW INFORMATION MAY 2011

52.223‐6 DRUG‐FREE WORKPLACE MAY 2001

52.223‐18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING

AUG 2011

52.225‐1 BUY AMERICAN ACT‐‐SUPPLIES FEB 2009

52.225‐13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES JUN 2008

52.227‐1 AUTHORIZATION AND CONSENT DEC 2007

52.227‐2 NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT

INFRINGEMENT

DEC 2007

52.227‐14 RIGHTS IN DATA‐‐GENERAL DEC 2007

52.229‐3 FEDERAL, STATE, AND LOCAL TAXES APR 2003

52.229‐4 FEDERAL, STATE, AND LOCAL TAXES (STATE AND LOCAL

ADJUSTMENTS)

APR 2003

52.232‐3 PAYMENTS UNDER PERSONAL SERVICES CONTRACTS APR 1984

52.232‐17 INTEREST OCT 2010

52.232‐24 PROHIBITION OF ASSIGNMENT OF CLAIMS JAN 1986

52.232‐25 PROMPT PAYMENT OCT 2008

52.232‐33 PAYMENT BY ELECTRONIC FUNDS‐‐CENTRAL CONTRACTOR

REGISTRATION

OCT 2003

52.232‐36 PAYMENT BY THIRD PARTY FEB 2010

52.233‐1 DISPUTES JUL 2002

52.233‐3 PROTEST AFTER AWARD AUG 1996

52.233‐4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM OCT 2004

52.236‐13 ACCIDENT PREVENTION NOV 1991

52.237‐2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND

VEGETATION

APR 1984

52.237‐11 ACCEPTING AND DISPENSING OF $1 COIN SEP 2008

52.242‐1 NOTICE OF INTENT TO DISALLOW COSTS APR 1984

52.242‐13 BANKRUPTCY JUL 1995

52.243‐3 CHANGES‐‐TIME‐AND‐MATERIALS OR LABOR‐HOURS SEP 2000

52.244‐2 SUBCONTRACTS OCT 2010

52.244‐6 SUBCONTRACTS FOR COMMERCIAL ITEMS DEC 2010

52.245‐1 GOVERNMENT PROPERTY APR 2012

52.245‐9 USE AND CHARGES APR 2012

52.246‐20 WARRANTY OF SERVICES MAY 2001

52.246‐25 LIMITATION OF LIABILITY‐‐SERVICES FEB 1997

52.247‐63 PREFERENCE FOR U.S.‐FLAG AIR CARRIERS JUN 2003

52.248‐1 VALUE ENGINEERING OCT 2010

52.249‐12 TERMINATION (PERSONAL SERVICES) APR 1984

52.249‐14 EXCUSABLE DELAYS APR 1984

52.252‐2 CLAUSES INCORPORATED BY REFERENCE FEB 1998

52.253‐1 COMPUTER GENERATED FORMS JAN 1991

Section I‐2 ‐ MCC Clauses:

The full text of MCC clauses that will be incorporated are listed below.

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.

(End of clause)

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.

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

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 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.

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).

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 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).

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)

Work under this contract may call for the Contractor to furnish important services in support of the design or feasibility of specific activities that may become part of a Millennium Challenge Corporation

(MCC) Compact. In accordance with the principles of FAR Subpart 9.5, THE CONTRACTOR MAY BE

INELIGIBLE TO FURNISH, AS A PRIME OR SUBCONTRACTOR OR OTHERWISE; THE IMPLEMENTATION

SERVICES FOR ANY ACTIVITIES FOR WHICH IT PROVIDES SUBSTANTIAL DESIGN SERVICES EXCEPT FOR

SUCH SERVICES THAT MAY BE FURNISHED UNDER THIS CONTRACT. If a determination is made that the contractor is ineligible for implementation services, the MCC Managing Director of Contracts and Grants

Management may authorize a waiver (in accordance with FAR 9.503) if the Director determines that preclusion of the Contractor from the implementation contract would not be in the Government’s best interest.

(End of clause)

5. MCC 52.232-70 INVOICE INSTRUCTIONS (MAY 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:

(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: ___________________________________

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

MCC_Accounting_NBCDENVER@nbc.gov.

(End of clause)

a) The following restrictions are applicable for all MCC contracts awarded to individual consultants, inclusive of full time personal services contractors (PSC’s):

b) While contractors are working in the United States, the MCC will pay for actual hours worked up to 8 hours a day, 5 days a week.

c) While contractors are working overseas, the MCC will pay for actual hours worked up to 8 hours a day, 6 days a week.

d) The designated Contracting Officer’s Representative (COR) shall approve hours worked by all contractors.

(End of clause)

7. 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.

(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.

8. 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:

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 technical directives.

e) Reimbursement Requests. Travel reimbursement requests must be submitted in sufficient time for the 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.

5) 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.

f) Approvals. All travel expenses, including rental cars, must be approved by the MCC COR in writing in advance of booking any travel and incurring travel expenses. The following expense types require additional MCC pre‐approvals beyond that of the COR. These additional approvals and associated justifications will be documented in writing:

1) Business class - Business class travel is considered to be exceptional, to be determined as part of a trip by trip analysis, and at the discretion of the government regardless of the destination or travel time. To reflect the exceptional nature of this approval, the justification for use of business class must be prepared by the COR and approved in writing by the relevant Managing Director or Deputy Vice President of the organization requesting the contractor to travel. The single exception to requiring this justification and approval for every trip in question is when a State Department approved medical accommodation has been granted. In this case, the approval of the COR and the Contracting Officer only is required after verifying that the medical accommodation is effective for the trip in question and that sufficient funds are available. All justifications must verify that the contractor is required to report for duty the following day or sooner, that the travel time for the trip is at least 14 hours, and that a rest stop will not be taken en route. For audit purposes, all justifications and approvals to this effect must be retained by the COR and the contractor until contract closeout at which point all documentation must be provided to the Contracting Officer for incorporation in the contract file. Below are possible justifications supporting these exceptional requests:

A) Medical accommodation – MCC has engaged the services of the U.S. Department of State’s Office of Medical Services (MED/DP) for adjudication on requests for medical accommodations due to disability. MCC will facilitate this process but will not adjudicate disputes or appeals in connection with these requests. If the Department of State’s policies for reviewing these requests changes, MCC will be responsible for notifying contractors of the change but will not be responsible for providing an alternative for medical accommodation requests. For detailed procedures see Attachment: Medical Accommodation Procedures.

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

C) Savings – Flying in non-coach status would involve significant cost savings to MCC when compared to the lowest price non-refundable or restricted coach class fare.

D) Availability - No space is available in coach-class accommodations in time to accomplish the mission, which is urgent and cannot be postponed. (Note: this justification should not be used based on the lack of advanced planning by the contractor or the COR).

E) Security – Exceptional security circumstances require other than coach-class airline accommodations.

F) Mission critical agency requirement – circumstances in which a critical agency priority or project will incur delay or degradation without the intervention of a contractor and that intervention urgently requires other than coach class ticketing.

2) Coach “premium” class Must be approved by the COR, subject to the availability of funds on the contract/order, and:

A) The origin and/or destination are OCONUS; and B) The scheduled flight time including non-overnight stopovers and change of planes, is in excess of 14 hours. Scheduled flight time is the flight time between the originating departure point and the ultimate arrival point including scheduled non-overnight time spent at airports during plane changes. Scheduled non-overnight time does not include time spent at the originating or ultimate arrival airports. And;

C) The contractor is required to report to duty the following day or sooner; and

D) The contractor does not take a rest stop en route or a rest period upon arrival at the duty site.

3) Rest Stops – must be approved by the COR and cannot exceed 24 hours.

9. MCC 52.232‐74 Other Direct Charges (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.

(End of clause)

10. MCC 52.237‐70 Personal Services – General Terms and Conditions (JULY 2012)

a) Personal Services Contracts with U.S. Citizens - This Personal Services Contract is authorized under Section 614(a)(8) of the Millennium Challenge Act of 2003 (MCA). The provision provides that such individuals shall not be considered Federal employees for any provision of law administered by the Office of Personnel Management (OPM). A personal services contract establishes an employer-employee relationship, making the personal services contractor (PSC) subject to the relatively continuous supervision and control of the MCC. (FAR 37.104). By law and by the terms of this personal services contract, subject PSC shall be subject to most of the laws, rules, and regulations applicable to U.S. Government employees, including the financial disclosure and conflict of interest laws and regulations as well as MCC regulations.

However, under the MCC personal services contract authority, PSCs are not employees for purposes of laws administered by OPM, such as Federal retirement benefits and health and life insurance. PSCs may be assigned inherently governmental duties. (FAR 7.502). However, it is MCC policy that PSCs shall not complete annual performance evaluations, hire or terminate the employment of MCC direct-hire employees.

b) Required Data - The Personal Services Contractor (PSC) shall submit the following required forms to the Contracting Officer:

1) IRS Form W-4, Employee’s Withholding Allowance Certificate (will be attachment to contract);

2) State and local tax forms (if applicable)(will be attachment to contract);

3) Form I‐9, Employment Eligibility Verification (include copy of verification documents);

4) A signed PSC confidentiality agreement statement;

5) Financial disclosure reports: SF 278, Executive Branch Personnel Financial Disclosure Report, or

OGE 450, Confidential Financial Disclosure Report, as required;

6) SF 86, Questionnaire for National Security Positions, if a security clearance is required. PSCs may receive a preliminary clearance and be placed under contract before receipt of clearance.

Failure to obtain clearances is cause for termination;

7) SF 85P, Questionnaire for Public Trust Positions, if a security clearance is not required. Note that all PSCs are required to have either a security clearance (SF 86) or a background investigation (SF 85P);

8) Emergency Contact Information (Provide the name, address, and phone number for two emergency contacts).

9) Date of birth (will be entered on the signature page of the contract).

10) Office of Security Personal Information Request Form (Please complete and return to MC by FAX

(202) 521‐3590) as soon as possible.

c) Ineligibility for Civil Service Retirement System (CSRS), Federal Employees Retirement System (FERS), Federal Health and Life Insurance, and the Thrift Savings Plan - Subject PSC is not eligible for federal retirement and insurance benefits in the same manner as provided to direct hire employees.

d) Sick Leave. The PSC will accrue four (4) hours of sick leave for every biweekly pay period. Sick leave balances can be carried over into other MCC personal services contracts. The MCC does not compensate for unused sick leave at the end of the contract.

e) Annual Leave. The PSC will accrue four (4) hours of annual leave for every biweekly pay period. After three (3) years of qualifying service as a PSC or direct hire by any federal government entity, annual leave will increase to six (6) hours every pay period. After fifteen

(15) years of qualifying service as a PSC or direct hire by any federal government entity, annual leave will increase to eight (8) hours every pay period. Annual leave balances can be carried over into other MCC personal services contracts. Upon termination, a PSC will be paid for accrued annual leave not to exceed 240 hours, subject to availability of funds.

f) Holidays and Other Days Closed. Subject PSC may be paid at its regular hourly rate for ten (10) federal holidays and other days that MCC is closed--such as for inclement weather and local in-country holidays, with supervisory/COR approval.

g) Parking/Transit Subsidy. Subject PSC is eligible for parking or metro subsidy on the same basis as MCC direct-hire employees, only if PSC is permanently located in the Washington, D.C. area, subject to availability of funds.

h) Credit Hours. Subject PSC shall be eligible for credit hours on the same basis (up to 24 hours earned) as direct-hire employees under the MCC Credit Hour Program. Employees may not receive credit hours for time spent in travel status. The PSC shall be compensated for the credit hour balance upon termination, subject to availability of funds.

i) Compensatory Time Off for Travel. Subject PSC shall be eligible for Compensatory Time Off for Travel, on the same basis as direct-hire employees, in accordance with MCC policy A&F-2010-4.1. Compensatory time off for travel may be earned in fifteen (15) minute increments, for time spent in travel status away from the employee’s official duty station, when such time is not otherwise compensable. Employees may not receive credit hours for time spent in travel status. Travel for the purpose of this provision means official travel to accomplish MCC business and must be approved by an authorized MCC official. Compensatory time off should be used before accrued annual leave except when this would cause a forfeiture of annual leave in excess of the annual leave ceiling or restored leave due to expire in the current leave year.

Compensatory time off for travel shall be forfeited if not used by the end of the 26th pay period after the pay period during which it was earned and upon termination or expiration of contract.

j) Taxes and Withholdings. MCC pays the employer contribution to FICA and Medicare for this contract. MCC shall withhold employee contribution to FICA, Medicare, federal tax, and state tax.

k) PSC Travel. All travel will be conducted in accordance with the Federal Travel Regulation (FTR), 41 C.F.R. 301, Department of State regulations, and MCC travel policy. The Government shall pay the Contractor for travel costs and other direct costs in conjunction with services required for the performance of subject contract. If travel is required on subject contract, Contractor will be notified by the COR and will request a travel authorization through the E- Travel website (https://ets.prod.carlson.com). The Government shall pay the Contractor reasonable per diem as specified in the Federal Travel Regulation, 41 C.F.R. 301, and any other transportation expenses if provided for in the Schedule. Upon completion of travel, Contractor shall submit a travel voucher for reimbursement of all travel and other directly related costs.

Reimbursement of travel expenses will occur upon approval of the travel voucher by the COR and other MCC approval authority. Overseas travel costs include international air travel, per diem allowances (per State Department/GSA), local transportation, and other miscellaneous costs such as Passports, Medical Examination, etc. Domestic air travel is determined based on predetermined rates for specific travel. Per diem allowances are costs predetermined and set by General Services Administration and compliance is governed by the Federal Travel Regulation.

l) Federal Employees Compensation Act. Under certain circumstances, PSCs may be eligible to receive benefits for injury, disability, or death under FECA. The Department of Labor determines eligibility, and payment is subject to availability of funds.

m) Salary and Benefits Adjustments. Salary changes and personnel-related contract actions, if any, will be processed via a contract modification to the personal services contract.

n) Payment. Regular full-time PSCs shall submit the Time Sheet (long term) on a biweekly basis. Timesheets must be approved by the Contracting Officer Representative (COR) and/or the Project Monitor (PM).The PSC shall submit an invoice to the COR for other direct costs which are approved in advance by the CO/COR. Invoices must be approved by the COR.

o) Release of Confidential Information. Confidential information, as used in this section means (a) proprietary or personal information or data about an individual, or (b) information or data submitted by or pertaining to an institution or organization. Confidential information does not include information that (a) is, or becomes, public, (b) becomes known to the PSC on a non-confidential basis from a third-party source, or (c) is required to be disclosed by law or legal process.