Addendum.pdf

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FIDIC Legal Advisory Support Services Federal contract opportunity
Solicitation number
MCC15RFQ0092
Issued by
Millennium Challenge Corporation

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ADDENDUM TO FAR 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

A.1 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within the effective period of the contract.

(End of Clause)

A.2 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 7 days;

provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 2 years.

(End of Clause)

A.3 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.

A.4 MCC NVOICE INSTRUCTIONS

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_IBCDENVER@ibc.doi.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: ___________________________________

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

MCC_Accounting_IBCDENVER@ibc.doi.gov.

A.5 MCC 52.232-71 PAYMENT POLICY FOR INDIVIDUAL CONSULTANTS (INCLUSIVE OF

FULL TIME PERSONAL SERVICES CONTRACTORS) (JULY 2012)

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

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.

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

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

A.6 MCC 52.232-73 TRAVEL REIMBURSEMENT (JULY 2012)

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

Airline accommodations shall be via coach class for the following:

All flights 14 hours or less;

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

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

In accordance with FTR 301-10.124, exceptions to flying coach must be authorized. Specifically, Premium class (Business or First) flights must be authorized in writing by the Contracting Officer.

The exceptions to flying coach are listed below:

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

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

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

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

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

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

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

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

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

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

1) The name of the traveler;

2) Destination (s) including itinerary;

3) Purpose of the travel; and

4) Cost breakdown.

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

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

(End of clause)

A.7 MCC 52.232-74 ODC REIMBURSEMENT (JAN 2007)

Other Direct Charges (ODCs) will be reimbursed for direct costs as provided in the contract and/or task order.

To be reimbursed, invoices including ODCs, must provide a detailed breakdown of the actual expenditures invoiced. The contractor shall maintain the original or legible copy of receipts for all ODCs invoiced. MCC reserves the right to request evidence of any ODC reimbursed. To assure timely reimbursement of ODC’s, the contractor is strongly encouraged to submit charges within 45 days of the expense.

(End of clause)

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

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

A.9 GOVERNMENT PROPERTY

In accordance with FAR 45.102, the Designated Consultant shall furnish all property required for performing under this Government Contract. If a Designated Consultant believes that Government property is required for performance, the Designated Consultant shall submit a written request, which includes the Contracting Officer’s Representative concurrence, to the Contracting Officer. At a minimum, the request shall contain the following elements:

a. Contract number and Call Number for which the property is required.

b. An item(s) description, quantity and estimated cost.

c. Certification that no like contractor property exists which could be utilized.

d. A detailed description of the task-related purpose of the property.

e. Explanation of negative impact if property is not provided by the Government.

f. Lease versus purchase analysis shall be furnished with the request to acquire property on behalf of the Government, with the exception of requests for material purchases. The Designated Consultant may not proceed with acquisition of property on behalf of the Government until receipt of written authorization from the Contracting Officer.

(End of Clause)

A.10 DESIGNATED CONSULTANT PERFORMANCE ASSESSMENT RATING

The Contracting Officer’s Representative will evaluate each Designated Consultant’s performance annually using the CPARS format (reference Base BPA Clause 23, entitled “Contractor Performance Assessment Rating System (CPARS) Registration”) for all contract actions exceeding $150,000. This evaluation may be conducted for contract actions lower than that amount should significant events occur or extraordinary contract performance by the contractor.

(End of Clause)

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