MCC-16-RFQ-0174_AMENDMENT_1_FINAL.pdf
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- Attached to
- ACQUISITION SURGE SUPPORT - PERSONAL SERVICES Federal contract opportunity
- Solicitation number
- MCC-16-RFQ-0174
- Issued by
- Millennium Challenge Corporation
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5. PROJECT NO. (if applicable)
CODE 7. ADMINISTERED BY
2. AMENDMENT/MODIFICATION NO.
CODE
6. ISSUED BY
8. NAME AND ADDRESS OF CONTRACTOR
4. REQUISITION/PURCHASE REQ. NO.3. EFFECTIVE DATE
9A. AMENDMENT OF SOLICITATION NO.
9B. DATED
PAGE OF PAGES
10A. MODIFICATION OF CONTRACT/ORDER NO.
10B. DATED
BPA NO. 1. CONTRACT ID CODE
FACILITY CODE CODE
Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:
The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers
E. IMPORTANT:
is extended,
(a) By completing Items 8 and 15, and returning _______1___ copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted; or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR AC- KNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY is not extended.
12. ACCOUNTING AND APPROPRIATION DATA
(REV. 10-83)
is required to sign this document and return ___________ copies to the issuing office. is not, A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NO. IN ITEM 10A.
15C. DATE SIGNED
B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).
RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.
C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:
D. OTHER
BY
Contractor
16C. DATE SIGNED
14. DESCRIPTION OF AMENDMENT/MODIFICATION
16B. UNITED STATES OF AMERICA
Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.
15A. NAME AND TITLE OF SIGNER 16A. NAME AND TITLE OF CONTRACTING OFFICER
15B. CONTRACTOR/OFFEROR
STANDARD FORM 30 NSN 7540-01-152-8070
PREVIOUS EDITION NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.243
(Type or print) (Type or print)
(Organized by UCF section headings, including solicitation/contract subject matter where feasible.)
(No., street, county, State and ZIP Code)
(If other than Item 6)
(Specify type of modification and authority)
(such as changes in paying office, appropriation date, etc.)
(If required)
(SEE ITEM 11)
(SEE ITEM 13)
(X)
CHECK
ONE
13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS,
IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.
11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS
AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT
(Signature of person authorized to sign) (Signature of Contracting Officer) see block 16c
Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth Street NW Suite 700, Attn: Courtney Warren Washington DC 20005
Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth Street NW Suite 700 Washington DC 20005
To all Offerors/Bidders MCC-16-RFQ-0174
07-01-2016 X x x
The purpose of this Amendment is to answer questions and to modify solicitation MCC-16-RFQ-0174.
Please see attachment.
HAMLET JONATHAN
Contracting Officer
(202) 521-3886 hamletjc Typewritten Text 7/6/2016
MCC-16-RFQ-0174 Amendment 1
Table of Contents
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 Supplies or Services B.2 Contract Type B.3 Maximum Hours B.4 Skill Mix B.5 Carryover of Unexpended Hours/Costs B.6 Schedule of Prices
SECTION C - STATEMENT OF WORK
C.1 Introduction C.2 Scope and Objectives
C.2.1 Existing Software Environment C. 3 Consultant Staffing Performance Requirements
C.3.1 Recruitment, Retention, and Timely Startup C. 4 Required Labor Categories and Qualifications
C.4.1 Senior Contract Specialist I C. 4.2 Senior Contract Specialist II C.4.3 Waiver and Approval Process
C.5 Training Requirements C.6 Staffing and Retention Plan C.7 Quality Assurance Surveillance Plan (QASP) and Performance Requirements Standards F.1 Deliverables F.2 Place of Performance F.3 Period of Performance
SECTION G - Reserved
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 ALTERNATE DISPUTE RESOLUTION
H.2 CONFIDENTIALITY
H.3 WARRANTY AGAINST DUAL COMPENSATION
H.4 PUBLICIZING AWARDS
H.5 Extra Hours H.6 Employee Termination
H.7 MCC 52.201-70 Contracting Officer’s Representative (COR) and/or Project Monitor (PM) (JULY 2012)
H.8 MCC 52.203-70 Contractor Non-Disclosure Agreement (July 2012)
H.9 MCC 52.204-70 SECURITY REQUIREMENTS FOR CONTRACTOR PERSONNEL (MAY 2013)
H.10 MCC 52.209-70 ORGANIZATIONAL CONFLICTS OF INTEREST: PRECLUSION FROM
IMPLEMENTATION CONTRACT (JULY 2012)
H.11 MCC 52.232-70 INVOICES INSTRUCTIONS (MAY 2013)
H.12 MCC 52.232-72 LIMITATION OF FUNDS - INCREMENTALLY FUNDED CONTRACTS (NOV 2006) 24 H.13 MCC 52.232-73 Travel Reimbursement (MAY 2013)
H.14 MCC 52.232-74 ODC REIMBURSEMENT (JAN 2007)
H.15 MCC 52.237-70 FEDERAL LAWS (JAN 2006)
H.16 MCC 52.237-71 OTHER BENEFITS (JAN 2006) (DEVIATION)
H.17 MCC 52.242-70 CONTRACTOR PERFORMANCE ASSESSMENT RATING SYSTEM (CPARs)
REGISTRATION (AUG 2011)
H.18 MCC 52.243-70INCREASE IN SERVICES (OCT 2006)
PART II - CONTRACT CLAUSES
SECTION I - CONTRACT CLAUSES
I.1 Notice Listing Contract Clauses Incorporated By Reference
I.2 52.203-16 PREVENTING PERSONAL CONFLICTS OF INTEREST (DEC 2011)
I.3 52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY
MATTERS (July 2013)
I.4 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2016)
I.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
I.6 52.217-9 Option to Extend the Term of the Contract (March 2000) I.7 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (July 2013) I.8 52.222-40 NOTIFICATION OF EMPLOYEE RIGHTS UNDER THE NATIONAL LABOR RELATIONS ACT
(DEC 2010)
I.9 52.223-9 ESTIMATE OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR EPA-
DESIGNATED ITEMS (MAY 2008)
I.10 52.227-3 PATENT INDEMNITY (APR 1984)
PART III - LIST OF DOCUMENTS, EXHIBITS, AND OTHER ATTACHMENTS
Section J RESERVED
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 (APR 2016)
L.1 52.233-2 SERVICE OF PROTEST (SEP 2006)
L.2 GENERAL INFORMATION FOR PREPARATION OF QUOTES
L.2.1. Quote Format L.2.2 Electronic Copy Submission
L.3 QUOTE PREPARATION & SUBMISSION INSTRUCTIONS
L.3.1 COVER LETTER
L.3.2 Volume I – Technical L.3.3 Volume II – Price
L.3.4 QUOTE SUBMISSION
L.3.5 Questions or Requests for Clarification
L. 4 Oral Presentations
L.5 NEGOTIATIONS/DISCUSSIONS
L.6 EXCLUSION, REVISIONS, AND COMMUNICATIONS
SECTION M - EVALUATION FACTORS FOR AWARD
M.1 NOTICE LISTING SOLICITATION PROVISIONS INCORPORATED BY REFERENCE
M.2 Basis for Award M.3 Evaluation Factors
M.3.1 Factor 1 – Staffing and Management M.3.2 Factor 2 -- Resumes of Key Personnel M.3.3 Factor 3 – Past Performance M.3.4 Factor 4 – Price
SECTION B - SUPPLIES OR SERVICES AND PRICES/COSTS
B.1 Supplies or Services All proposed rates proposed shall be fully loaded including direct labor, fringe benefits, overhead, general and administrative expenses, and profit. Annual leave, sick leave, holidays, and days the Government is shut-down are not billable and shall be included in the loaded rates.
Hours by labor category are estimates only and may be increased and decreased as necessary for successful completion of the task order requirements and as approved by the CO.
In the event the government is closed (i.e. inclement weather, furlough) the associated hours may be billed to this contract on a case by case basis subject to the following limitations:
a. Must be approved by the COR.
b. Subject to the availability of funds.
c. Each occurrence is considered separately, with no presumption of approval based on past practice.
The government may also permit a transit subsidy to be billed to this contract. Above limitations a and b apply. The amount of the transit subsidy will not exceed the value extended to federal employees and is subject to change over time. More specific information on cost limitations may be identified.
B.2 Contract Type This contract has been set aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) participation only See also Section K.2.
The Government anticipates awarding a Time and Materials contract. The contractor is not authorized to incur any expenses unless specifically authorized by this contract.
B.3 Maximum Hours The contractor shall provide pricing for the maximum quantity of hours as listed in the table below, as well as management services, supplies, materials, data, and facilities needed to accomplish the requirements set forth in Section C, Statement of Work.
Performance Period Labor Hours Base Period 6360 Option Period 1 2880 Total 9240
B.4 Skill Mix The contractor shall provide the following skill mix as shown in the table below. i
Labor Category Maximum Resources Rate Senior Contract Specialist I 1 Senior Contract Specialist II 2
Note: The Quoter shall provide their fully loaded rate in the above table.
B.5 Carryover of Unexpended Hours/Costs Unexpended hours and Other Direct Costs ODCs not used in a preceding year may be carried over to the later year. This action may not increase the total contract value, but labor hours and categories maybe reallocated within existing ceiling.
B.6 Schedule of Prices All Items in the Section shall be delivered in accordance with the contract. The unit price shall be fully burdened and include any annual escalation charges.
CLIN Description Total Price
0001 Acquisition Surge Support Services in accordance with section B.3 & B.4
0001A Labor
0001B ODCs $8,640
1001 Option Period 1: Acquisition Surge Support Services in accordance with section B.3 & B.4
1001A Labor
1001B ODCs $8,640
SECTION C - STATEMENT OF WORK
C.1 Introduction The Millennium Challenge Corporation (MCC) is a Federal Corporation created under Title VI of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2004. The MCC is headed by a Chief Executive Officer, overseen by a Board of Directors, and chaired by the Secretary of State. The mission of MCC is to reduce poverty, in foreign poor countries, through economic growth. The MCC fulfills its mission by awarding compacts (e.g., grants) to these countries. The countries are carefully selected based on their performance to govern justly, invest in their citizens, and encourage economic freedom.
The MCC Department of Administration and Finance (A&F), Contracts & Grants Management (CGM) Division, provides acquisition support for the MCC operations. The MCC is required to follow the Federal Acquisition Regulation (FAR) when processing contract actions. The majority of contracts awarded are for professional services, including consultants with expertise in such fields as agriculture, finance, procurement, U.S. law and/or the laws of MCC compact recipient countries, and architect & engineering services. Many contracts are issued for services to be performed outside the United States. Since the MCC has authority to contract for personal services, a large number of them are procured through personal services contracts.
Additional information on the MCC can be found on MCC’s website, www.mcc.gov.
C.2 Scope and Objectives The CGM Division requires professional services to provide acquisition surge support to supplement existing staff on a personal-services basis, not to exceed three (3) individuals. MCC is specifically authorized by statute to award personal service contracts as defined by FAR 2.101 and 37.104 and as necessary to meet its mission. The nature of the contract administration work under this contract necessitates direct supervision of the contractor’s staff by A&F supervisors.
Therefore, under this contract, the contractor shall provide personal services to the MCC. However, all contractor staff will carry a “contractor” MCC identification card, identify themselves in all correspondence as contractors representing MCC, and will not be granted contracting officer signatory authority.
C.2.1 Existing Software Environment The CGM Division uses a Commercial-Off-The-Shelf (COTS) product for its Contract Writing System, Contract Workload Tracking, and Operational Reporting. It is a web-based environment which includes integration with many of the agency’s existing systems such as the National Business Center DOI/NBC, Administration and Finance Integrated System (AFIS), Oracle iProcurement, and other Integrated Acquisition Environment systems (e.g. FPDS, ORCA, CCR, ELPS) to receive and upload data.
The components of the system used by MCC’s Contracts and Grants Management Division are identified below:
AEON™ – is the Knowledge Management platform created by Distributed Solutions, Inc.
• Automated Acquisition Management Solution™ (AAMS) – This is the contract writing system is used to create solicitations, amendments, contracts, and modifications.
o Workload tracking: This module provides for workload tracking and management throughout the acquisition lifecycle, as well as operational reporting. Workload tracking may include Process Action Lead Time (PALT), Milestones, action traceability and linking, automated workflow management, role-based controls.
http://www.mcc.gov/
More information about this system and the manufacturer can be found at its website:
http://distributedinc.com/Home.aspx
As the CGM Division uses this system to process contract actions, the contractor staff must become adept in using this system as expeditiously as possible to ensure customer acquisitions are processed timely and accurately. In addition, CGM utilizes the other following COTS products:
• Microsoft Office (Particularly Word, Excel, and Project) – For generation of contract file documentation
• Microsoft Sharepoint – For storage of electronic files and accessing standard operating procedures, templates, and calendars Whenever possible, it is highly desirable that the contractor will provide Key Personnel with recent, relevant experience using these or similar COTS programs in processing federal acquisition actions at the MCC or another federal agency
C. 3 Consultant Staffing Performance Requirements All positions require the ability to work in a fast-paced, often stressful, environment with tight deadlines and multiple demands. A five day (Monday through Friday) work week, with potential extra hours, is required. All contractors must be U.S. citizens, or have lawful permanent resident alien status and must successfully complete a background security investigation. Some contractor personnel may be required to file an annual Financial Disclosure Form (OGE 450) with the agency’s ethics official to ensure no financial conflicts of interest are present. The ethics official will advise which labor categories are included in this submission.
C.3.1 Recruitment, Retention, and Timely Startup All pre-qualified candidate resumes should be timely forwarded directly to the COR or the CO. The MCC Managing Director of the CGM Division reserves the right to review and approve the resumes of all staff placed by the Contractor under this contract through an interview process and/or reference checks by the COR, CO, or Managing Director if requested. Resumes for multiple candidates should be provided within 7 days of the identification of a vacancy or new requirements. All positions included are considered “key personnel” and actual resumes must be submitted for each.
The contractor is expected to maintain the following capabilities and produce evidence or supporting documentation as requested:
• financial capability and responsibility (i.e. as reported by Dun and Bradstreet, or financial/banking capability to meet payroll expenses while billing monthly for the prior month’s services)
• human resource management and strategic staffing capability, including, but not limited to the following:
o demonstrated awareness of, concern for, and adherence to all appropriate ethical considerations, whether explicit in law or regulation or implicit through the exercise of prudent judgment o benefits package offered to employees (i.e. health/life insurance, training reimbursement program) and criteria for advancement or bonuses o historical retention rates for existing and prior employees (i.e. duration of employment, reason for leaving)
• staffing for required positions has been identified/acquired and performance can begin within 2 weeks of award or notification of vacancy
• suitable, available resources that will successfully obtain a Public Trust or equivalent clearance from the
MCC
http://distributedinc.com/Home.aspx
• demonstrated ability to obtain and maintain an amount of suitably cleared resources for all labor categories throughout the contract’s period of performance at a level sufficient to meet increased services up to the estimated level of effort set forth in this contract.
• identification of potential candidates that meet the qualifications as specified in Section C. It is understood that the contractor has sufficient expertise in the field of federal acquisition to make reasonable determinations about candidates’ written qualifications, validate any oral representations, or otherwise pre-qualify candidates. This HR or administrative function will be performed by the contractor as part of its overhead, and is not separately billable to this contract.
C. 4 Required Labor Categories and Qualifications The following two (2) labor categories are required during the performance of the contract.
C.4.1 Senior Contract Specialist I The duties and responsibilities for the Senior Contract Specialist I include, but are not limited to, the following:
1. Applies knowledge of administrative support functions within a Federal acquisition operations environment to assist program officials on acquisition and administrative matters affecting procurement of supplies and services using source selection procedures; the evaluation of contract price quotes; and the administration or termination and closeout of contracts.
2. Performs contract administration activities for selected contracts and assists in the monitoring of contractor’s performance, approval of progress payments, verification of deliveries, and similar activities.
3. Supports modifications to contracts and conducts analysis of alternatives and the capabilities and characteristics of the assigned contractors.
4. Utilizes price/cost analysis techniques to support the development of cost-related sections of solicitation documents and the analysis of cost and price data, labor and material cost, etc.
5. Supports the development of budgets for planned procurements. Analyzes and evaluates cost-related areas of solicitations for pricing structure and instruction to offerors. Analyzes and evaluates contractor price/cost quotes for new procurements, changes, follow-on procurements, etc., which may result in new contracts or the issuance of modifications or the termination of existing contracts.
6. Supports the extension of periods of performance and contract closeout processes.
7. Helps ensure that all appropriate steps have been taken to safeguard the interests of MCC, and that all requirements of law, executive orders, regulations and other applicable procedures have been met.
8. Assists customers in developing statements of work and procurement strategy; and develops evaluation plans, pricing methodologies, and contract administration.
9. Serves as a point of contact for program officials on acquisition and administrative matters affecting major procurement of supplies and services using source selection procedures; the evaluation of contract price quotes; and the administration or termination and closeout of major contracts. Provides authoritative recommendations to improve procurement operations and customer service.
10. Coordinates contract administration activities for long-term, extensive technical service contracts. Contract types vary with the complexity of the acquisition and the best interests of the government, ranging from Firm- Fixed-Price through Fixed-Price-Incentive and Fixed-Price-Award fee. The contract specialist monitors contractor’s performance, approval of progress payments, reviewing and providing recommendations on contractor quotes resulting from change orders, scheduling, problems that have arisen and proposed solutions, verification of deliveries, and similar activities; interprets contract provisions for contractors and for officials of MCC, and provides appropriate advice and guidance; and conducts in-depth analyses of contractors’ financial and management systems and facilities for ability to perform and for compliance with Government or contractual requirements.
11. Negotiates complex modifications to contracts. Decisions are based on in-depth analysis of alternatives and knowledge of the unique capabilities and characteristics of the assigned contractors, and require resolution of incomplete or conflicting technical and contractor data. In determining a negotiation position, the contract specialist must reconcile differences between the reports of different technical specialists.
12. Award and administer assistance agreements
13. Utilizes in-depth price/cost analysis techniques involving many different and unrelated factors and processes where there may be little historical cost data or precedent. Responsible for supporting the development of cost-related sections of complex solicitation documents, analyzing cost and price data, labor and material cost, etc.
14. Supports the development of budgets for planned procurements. Analyzes and evaluates cost-related areas of complex solicitations for pricing structure and instruction to offerors. Analyzes and evaluates contractor price/cost quotes for new procurements, changes, follow-on procurements, etc., which may result in new contracts or the issuance of modifications or the termination of existing contracts.
15. Leads negotiations and serves as a primary cost/price negotiator. Conducts detailed studies of contractor’s management, operational and financial policies in order to determine capability to perform contract.
Evaluates the contractor’s financial status and profit and loss statement, balance sheets, and other financial data.
16. Coordinates the extension of periods of performance, resolves delivery and acceptance disputes, approves partial payments and final payments, and performs closeout or any necessary contract cancellations due to non-performance by the contractor or for the convenience of MCC. Prepares MCC response to protests.
17. Ensures that all appropriate steps have been taken to safeguard the interests of MCC, and that all requirements of law, executive orders, regulations and other applicable procedures have been met.
18. Manages complex, sensitive and important procurement programs and initiatives that serve as a guide for other MCC procurement activities.
19. Assists customers in developing statements of work and procurement strategy; and, develops evaluation plans, pricing methodologies, and major contract administration.
C.4.2.1 Required Qualifications for Senior Contract Specialist I
• Education:
• Required: Associates Degree or 24 semester hours in any combination of the following fields: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organizations and management.
• Desired – Bachelor’s degree that included or was supplemented by 24+ semester hours in a business related field.
• Experience: Required – Six (6) or more years of directly related experience in federal contracting. At least one of these years must be specialized experience equivalent to the federal government GS-13 grade level that has equipped the individual with the particular knowledge, skills and abilities listed below
• Training: Desired - DAWIA or FAC-C Level II certification, or other commercial qualifications (NCMA – CFCM, CPCM).
The current requirements for FAC-C are identified at: www.fai.gov
• Knowledge, Skills and Abilities:
1. Mastery knowledge of contracting principles, laws, statues, Executive Orders, regulations and procedures applicable to pre-award and/or post-award actions sufficient to procure and/or administer contracts for a variety of specialized equipment, services, and/or construction, or to conduct studies of problem areas and develop standard methods and operating procedures.
2. Mastery of contracting methods and contract types which require specialized knowledge of Federal contract administration policy, procedures, techniques, and evaluation/control methods sufficient to coordinate and monitor prime and subcontractor performance on complex, long-term contracts.
3. Knowledge of business practices and market conditions applicable to program and technical requirements sufficient to evaluate such actions.
4. Knowledge of contracts and pre-and post-award contracting policies and procedures in order to plan, execute, and administer a group of contracts, and any subsequent contract modifications for propriety of acquisition method, contract type, and documentation
5. Knowledge of program and technical strategies and requirements in order to evaluate capabilities and performance and to provide technical advice to MCC program offices and staff.
6. Skill in written and oral communications to present analysis and findings of performance reviews.
7. Skill in the use of negotiation techniques and the ability to meet and deal with representatives of the private sector and with Government experts or managers in order to procure extensive supplies, services, and equipment.
8. Potential ability to analyze difficult acquisition issues and identify alternative courses of action, modify standard contracting procedures and terms to solve a variety of contractual problems and effect streamlined acquisitions.
C. 4.2 Senior Contract Specialist II The duties and responsibilities for the Senior Contract Specialist II include, but are not limited to, the following:
• Same as Senior Contract Specialist I (see C.4.1), and
20 Where appropriate, provides a high level of technical assistance to managers, supervisors, and fellow team members on problems of unusual complexity or sensitivity in the area of procurement of supplies and services using source selection procedures and contract administration. Provides direction and specific guidance to less experienced members of the team in any of the major areas cited above.
21 Periodically meets with team members to discuss matters of common team interest and to elicit suggestions or recommendations on work or administrative matters which the contract specialist may communicate to the Managing Director and/or Deputy Managing Director of the CGM Division together with information on the status of work and relations with client Departments.
22 Pre-Award Functions. Serve as advisor to program officials in acquisition planning. Advise on the objectives to be used and assist in the preparation of statements of work. Prepare determinations and finding and solicitation documents. Perform detailed analyses of all elements of cost in contractor quotes, and makes competitive range determinations. Conducts pre-quote conferences with prospective contractors to arrive at a clear understanding of what is require under the proposed contract. Issue necessary solicitation amendments.
23 Post-Award Functions. Responsibilities typically include drafting of contract documents to effect negotiation and award of contract modifications, issuance of stop work orders, and issuance of cure notices or show cause letters, approval of progress payments, final payment and contract closeout, termination of contracts for convenience or default.
C. 4.2.1 Required Qualifications for Senior Contract Specialist II
• Education: A four year course of study leading to a bachelor’s degree that included, or was supplemented by, at least 24 semester hours in any combination of the following fields: accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management.
• Experience: Required – Eight or more years of directly related experience in federal contracting. At least one of these years must be specialized experience equivalent to the federal government GS-14 grade level that has equipped the individual with the particular knowledge, skills and abilities listed below.
• Training: Desired - DAWIA or FAC-C Level III certification, or other commercial qualifications (NCMA – CFCM, CPCM). The current requirements for FAC-C are identified at: www.fai.gov
• Knowledge, Skills and Abilities:
o Same as Senior Contract Specialist I (See C.4.2), and
9 Demonstrated ability to analyze difficult acquisition issues and identify alternative courses of action, modify standard contracting procedures and terms to solve a variety of contractual problems and effect streamlined acquisitions.
10 Successfully accomplishes work with a moderate degree of independence occasionally balancing competing priorities with short lead times.
C.4.3 Waiver and Approval Process The government may consider a waiver of certain education, training, or experience requirements identified herein on a case by case basis. The contractor will perform a gap analysis and submit an individual development plan in conjunction with its written request for approval of an individual resource’s waiver. Each request will identify a specific duration for the waived requirement(s), and the labor category/billable rate during the waived period and upon expiration. The contractor will obtain acknowledgement from the associated personnel that failure to complete the required education, training, or experience requirements with the prescribed timeframe may jeopardize continued employment.
C.5 Training Requirements The contractor is expected to identify qualified resources that already possess the required training or certifications for each of the positions described herein. Since the field of federal acquisition is undergoing rapid change and to ensure the Government maintains pace with these changes, the Government may, at its sole discretion, permit acquisition support personnel to attend training or coursework that it deems beneficial for the agency (i.e. to maintain continuing education requirements for existing federal acquisition certifications). When this occurs, the contractor would be responsible for the associated tuition (payable from its overhead) and the government may authorize time spent by personnel to attend this beneficial training as a billable cost to the contract. All training costs incurred in this manner are subject to FAR 31.205-44—Training and Education Costs.
C.6 Staffing and Retention Plan The contractor shall provide a plan to successfully staff the contract with the three (3) positions requested and to retain those individuals with minimal turnover throughout the life of the contract. At a minimum, the transition plan should address the following:
a. Establish an orderly and effective process for onboarding staff within 15 days of contract award, including detailed discussion of screening process for personnel to be staffed to the contract
b. How the contractor will assume responsibility with minimal disruption to CGM, internal customers, stakeholders, and existing contractors, including how it will work to acclimate personnel staffed to the contract to the uniqueness of the MCC environment
c. Effective coordination between key players, such as MCC personnel and customers
d. Incentives and management approaches to engage and retain staff once on-boarded through the life of the contract, including an overview of benefits and compensation structure, as well as employee performance management
C.7 Quality Assurance Surveillance Plan (QASP) and Performance Requirements Standards
Desired Outcome Performance Indicator
Required Standard of Performance
Maximum Error Rate
Method of Monitoring/ Surveillance
Invoice Deduction for exceeding Maximum Error Rate
Contract actions are complete and correct.
Solicitations, awards, and modifications, are prepared according to FAR and agency guidelines
Any additions or corrections are minor, infrequent, and occur only upon initial review
Files and records are maintained according to specified formats.
95% 3 documented violations within a 1 year period
Inspection upon submission of documentation (CO review)
Random Sampling
Achievement of standard will be documented in annual past performance evaluation.
Contract actions are processed timely.
Solicitations, awards, and modifications are executed within MCC timelines for Process Action Lead Time
(PALT)
PALT Milestones are maintained or exceeded.
95% 5% Inspection upon submission of documentation (CO review)
Random Sampling
Achievement of standard will be documented in annual past performance evaluation.
Customer Satisfaction is maintained
Personnel:
• are courteous
• answer questions accurately, completely, and efficiently
• assist all customers
99% 1% Customer satisfaction as measured through periodic surveys
Validated complaints
Achievement of standard will be documented in annual past performance evaluation.
SECTION D - Reserved
SECTION E - Reserved
SECTION F - DELIVERIES OR PERFORMANCE
F.1 Deliverables This acquisition will not require any deliverables beyond the daily work products as tasked by the Contracting Officers for the acquisition support services as described in Section C of the contract..
F.2 Place of Performance The contractor shall perform services at the MCC Headquarters located at 1099 14th St, Suite 700, N.W., Washington D.C. 20005-2221, or other MCC-leased space in the Washington, D.C. metro area, or as specifically authorized by the COR. Telework guidelines will apply.
F.3 Period of Performance The period of performance shall be a base period of twelve (12) months from the date of award, including one six (6) month option period.
SECTION G - Reserved
SECTION H - SPECIAL CONTRACT REQUIREMENTS
H.1 ALTERNATE DISPUTE RESOLUTION
Alternate Dispute Resolution (ADR) procedures increase the opportunity for relatively inexpensive and expeditious resolution of issues in controversy. These procedures may be used at any time that the Contracting Officer has the authority to resolve the issue in controversy. If the Contractor submits a claim, ADR procedures may be applied to all or part of the claim. The contractor must certify its claim in accordance with FAR 33.207. When ADR procedures are used after the issuance of a Contracting Officer’s final decision, the time limitations or procedural requirements for filing an appeal of the Contracting Officer’s final decision are not altered.
H.2 CONFIDENTIALITY
The Contractor is subject to the following provision relating to the protection and nondisclosure of proprietary and other confidential business information:
(A) Confidential information, as used in this clause means (1) information or data of a personal nature, proprietary about an individual or (2) information or data submitted by or pertaining to an institution or organization, provided that such information in (1) and (2) does not include information which is, or which becomes, public or information which becomes known to the Contractor on a non-confidential basis from a third party source.
(B) If it is established that information to be utilized under this Contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 522a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.
(C) Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the MCC.
(D) Whenever the Contractor is uncertain regarding the proper handling of material under the Contract, or if the material in question is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication. Notwithstanding the above, information which is required to be disclosed by law or legal process shall not be included as confidential information.
H.3 WARRANTY AGAINST DUAL COMPENSATION
The Contractor agrees that no part of the total contract amount provided herein shall be paid directly or indirectly to any officer or employee of the MCC as wages, compensation or gifts for acting in any capacity in connection with any work contemplated or performed under or in connection with this Contract.
H.4 PUBLICIZING AWARDS
Under no circumstances shall the Contractor, or anyone acting on behalf of the Contractor, refer to the supplies, services, or equipment furnished pursuant to the provisions of this contract in any new release or commercial advertising without first obtaining explicit written consent to do so from the Contracting Officer. The Contractor agrees not to refer to awards in commercial advertising in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or service.
H.5 Extra Hours Extra Hours are defined as time worked by a Contractor’s employee for any given pay period in excess of an average of 40 hours per week in a pay period.
Extra Hours are authorized under the contract to meet urgent and compelling situations where extra hours are the only solution to resolve a problem. In these specific circumstances, advance written approval must be obtained from the Contracting Officer’s Representative (COR). In most case, except for emergency situations, employees should not be expected, nor permitted, to work extra hours.
The cost incurred for extra hours that are not approved in accordance with this provision shall be deemed as unallowable costs.
H.6 Employee Termination The Contractor shall notify the COR within 24 hours whenever an employee performing work under this contract terminates employment. The contractor will be responsible for ensuring that the employee returns the agency-issued identification badge, and all other MCC property, including any government-furnished information to the Contracting Officer.
H.7 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)
H.8 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
H.9 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.
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 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.
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