MCC-16-RFQ-0777.pdf
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- PSC DCO EAPLA Administrative Management Analyst Federal contract opportunity
- Solicitation number
- MCC-16-RFQ-0777
- Issued by
- Millennium Challenge Corporation
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MCC-16-RFQ-0777, PSC Administrative Management Analyst Page 1 of 48
Millennium Challenge Corporation Combined Synopsis Solicitation
Personal Service Contractor – Administrative Management Analyst
Date Posted: September 9, 2016
Announcement Number: MCC-16-RFQ-0777
Title: Administrative Management Analyst
Position Information: Full Time, Personal Services Contractor (PSC) One year (2087 hours per year), renewable for up to 4 years at the sole discretion of the government
Pay Band: MCC-301-05 ($22.99 - $37.19 per hour) / $48,000.00 - $77,625.00 per year
The PSC may receive a pay supplement of up to 15% of the employee’s direct labor cost in lieu of fringe benefits
Closing Date for Questions: September 13, 2016 10:00AM EDT
Submission Deadline: September 16, 2016 10:00AM EDT
Who May Be Considered: U.S. citizens or legal, permanent residents with a minimum of five years residency history
Duty Location: MCC Headquarters and/or PSC home office
Note: More than one position may be filled under this announcement
1. INTRODUCTION AND BACKGROUND
MCC’s mission is to provide grant assistance to support economic growth and poverty reduction in select developing countries with a demonstrated commitment to just and democratic governance, economic freedom, and investments in their citizenry. MCC’s partner countries enter into a five-year agreement (Compact) with MCC that includes a plan for achieving shared development objectives and the responsibilities of each country in achieving those objectives. Our model is defined by core principles, of selectivity, country ownership, transparency, and a focus on results.
Our values identify who we are and what is important to us. Our Values are CLEAR: Embrace Collaboration, Always Learn, Practice Excellence, Be Accountable and Respect individuals and ideas.
MCC’s values define how we behave on a daily basis, both as individuals and as an institution, in pursuit of our mission. They guide how we make decisions, set priorities, address challenges, manage tradeoffs, recruit and develop staff, and work together with our country partners and stakeholders.
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2. SCOPE OF POSITION
Note: This position is not an employment opportunity with the Federal Government.
The EAPLA (Europe, Asia, Pacific, and Latin America) Division of MCC’s Department of Compact Operations (DCO) is seeking a full-time Personal Services Contractor (PSC) to serve as an Administrative Management Analyst to develop and provide administrative support services to the Deputy Vice President (DVP) and Managing Directors (MDs). The contractor shall work with EAPLA staff in Washington, DC and overseas to ensure that administrative processes and procedures that enable the smooth operation of the division are in place, consistently applied, and periodically reviewed. The contractor will also work with DCO executive assistants, managers, and relevant providers of administrative support across MCC to maintain coordination of critical department tasks including budgeting and staffing. The contractor shall perform a variety of assignments associated with the administrative and management support of international development projects. The position is at MCC headquarters in Washington, DC.
PERSONAL SERVICES CONTRACT
MCC is authorized to enter into a contract with an individual as a Personal Services Contractor (PSC) under the authority of Section 614(a) (8) of the Millennium Challenge Act of 2003.
A personal services contract is different from non-personal services Government contract, which establishes an independent contract relationship. Under a non-personal services contract, the contractor or employees of the contractor are subject to the technical direction but not the supervision of the MCC. As defined by the Federal Acquisition Regulation (FAR) 37.104, a personal services contract is characterized by the employer-employee relationship it creates between the Government and the contractor personnel. Thus, the PSC is subject to the relatively continuous technical direction, supervision, and control of the MCC. PSCs may be assigned inherently governmental duties (see FAR 7.502). By law and by the contract’s terms, the PSC is subject to most of the laws, rules and regulations applicable to the direct hire employee such as MCC regulations, conflict of interest, under some circumstances MCC authorized employment security clearances and financial disclosure. However, under the MCC personal services contract authority, PSCs are not employees for purposes of laws administered by the Office of Personnel Management (OPM). The following elements apply to this contract:
(1) Performance on site.
(2) Principal tools and equipment furnished by the Government.
(3) Services are applied directly to the integral effort of agencies or an organizational subpart in furtherance of assigned function or mission.
(4) Comparable services, meeting comparable needs, are performed in the same or similar agencies using civil service personnel.
(5) The need for the type of service provided can reasonably be expected to last beyond 1 year.
https://www.acquisition.gov/?q=browsefar
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(6) The inherent nature of the service, or the manner in which it is provided, reasonably requires directly or indirectly, Government direction or supervision of contractor employees in order to—
(i) Adequately protect the Government’s interest;
(ii) Retain control of the function involved; or
(iii) Retain full personal responsibility for the function supported in a duly authorized Federal officer or employee.
3. KEY REQUIREMENTS
U.S. citizenship or legal, permanent resident with a minimum of five years of residency history.
Must be able to obtain and maintain a federal security clearance.
Performance at MCC Headquarters in Washington, DC or PSC home office Domestic and international travel may be required.
Statement of Employment & Financial Interest (i.e. Office of Government Ethics “OGE Form-450”, or similar statement) may be required.
Active and approved System for Award Management (www.sam.gov) registration and be listed as sole-proprietor.
Designated and/or random drug testing required.
4. DUTIES
Major Duties and Responsibilities
The contractor will work to design administrative processes and procedures that enable the smooth operation of the division and ensure that these are consistently applied, and periodically reviewed and adjusted. The contractor will also work with staff across MCC to maintain coordination of critical administrative tasks including budgeting and staffing.
Performs and monitors established administrative management requirements. Applies administrative policies, maintains various systems, and handles travel or other staff requirements. Drafts correspondence, recommendations, reports, and memoranda related to management and administrative programs and issues. Provides advice and guidance to managers and employees on questions and situations related to the administrative services provided.
Provides administrative support to the deputy vice president (DVP) and managing directors (MDs) and the EAPLA team, assisting with internal systems, paperwork and travel arrangements.
Works with DVP and MDs on resource management, staff training and document tracking; maintains the DVP and MD calendars, manages appointments, and arranges meetings; participates in meetings on behalf of EAPLA and reports back.
Anticipates and prepares materials needed by the DVP and MDs for appointments, internal and external meetings, telephone calls, etc., and informs on matters to be considered.
As requested, reviews materials prepared for the MDs’ approval for typographical accuracy and proper format; reviews, filters and summarizes relevant documents for the DVP and MDs and works both independently and with staff to create briefing and decision memos.
Reads articles, publications and internal directives and takes action or refers those that are important to the supervisor and team. • Designs, implements and oversees a system for efficient information flow for the EAPLA front office and team, proactively engaging the team and others for updates on strategic priorities, and collecting internal and external documents and information for the MD’s review.
https://www.sam.gov/portal/SAM/
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Promotes integration and coordination across the EAPLA team.
Manages team coordination activities including scheduling regular meetings, preparing agendas, note-taking and tracking follow-up items.
Interfaces with agency senior staff and other staff at all levels.
Assists with coordination, organization and planning of strategic division events, including conferences, receptions, and external meetings.
Monitors and updates a comprehensive database of EAPLA management contacts.
Manages or coordinates small projects, providing cost-effective approaches.
Maintains internal reports and planning documents
Performs research as requested.
Respond timely to external requests, referring requests to appropriate team members.
Routinely assists with the creation of briefing and decision making documents.
Develops advanced skills with knowledge management processes and tools.
Perform other duties as assigned.
5. DELIVERABLES
Deliverables are associated with the tasks identified in DUTIES to include reports as required by the
Contracting Officer Representative (COR).
The PSC will provide a monthly progress report as a regular deliverable. Monthly progress reports will consist of the following format to measure the progress of each task:
Task: XXXXXX
Status: XXXXXXXX
Recommendation: XXXXXXX
Monthly reports are due the first workday of each month. The PSC also will produce other reports and analyses as requested by MCC.
Deliverables will be considered “draft” upon initial receipt. Drafts will be reviewed and accepted or concerns raised/comments provided within two weeks of receipt. The PSC shall appropriately address the
Corporations’ concerns and provide final deliverables within one week of receiving the MCC response.
In addition to monthly progress reports, the PSC will submit biweekly timesheets on a schedule and format determined by MCC. Timesheets will include a list of hours worked per compact or country program, along with a brief description of the tasks undertaken for each program during the pay period.
The PSC may be required to produce other reports and analyses as requested by MCC.
6. QUALIFICATIONS REQUIRED
Applicants must meet all the qualification requirements, including education and all qualifying specialized experience described below by the closing date of this announcement or as otherwise determined below. Desired qualifications will be considered only once all education and qualifying specialized experience requirements are met. Please clearly demonstrate that you possess the following:
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Education/Certification:
The following certifications, education and experience is desirable. Please submit relevant information, including copies of relevant certification and education/training information with your application materials
Minimum of an undergraduate degree in any field or an associate degree or professional certification in business, management, human resources management, international relations or a related field.
Qualifying specialized experience:
Minimum of 2 years of professional experience. Relevant academic background may be substituted for years’ experience.
Demonstrated strong analytical, organizational, and communications skills.
Demonstrated ability to prepare, discuss, and convey complex topics and ideas in English orally and in writing.
Proficiency with software for word processing, spreadsheets, and presentations.
Demonstrated ability to work independently with minimal supervision, including in the timely drafting of written materials and develop or adapt new procedures to accomplish a task.
Knowledge of and skill in applying analytical and evaluative techniques to the identification, consideration, and resolution of issues or problems of a procedural or factual nature.
Demonstrated ability to use qualitative and quantitative analytical techniques.
Desired qualifications:
Preference for professional experience in conducting analytical or research work.
Knowledge of the theory and principles of management and organization.
Proficiency with Microsoft Office software (Outlook, Word, Excel, PowerPoint).
Demonstrated work experience in multidisciplinary teams, counterpart country institutions, and/or multilateral development institutions.
Relevant professional and/or academic experience in developing countries.
Proficient oral and written communications skills in a language in addition to English (include level of proficiency for reading, writing, and oral communications).
NOTE: All experience must be well-documented on your resume and within your application. All aspects of your application must specifically show how you meet the QUALIFICATIONS REQUIRED.
7. REQUIRED DOCUMENTATION
Interested Candidates must submit all required documents to include, but not limited to:
Completed and signed BIODATA FORM (Addendum 2) with proposed salary (typed signature is not acceptable. Physical signature or electronic signature are acceptable);
Curriculum vitae or resume (limit 10 pages);
MCC-16-RFQ-0777, PSC Administrative Management Analyst Page 6 of 48
A written narrative of up to five pages clearly describing relevant experience and knowledge of each of the qualification requirements; and
No less than three and no more than five professional references with current contact information.
A cover letter, not to exceed one page, to highlight your suitability for this position. The cover letter is NOT included in the required written narrative.
8. COMPENSATION
PSCs for the services of individual experts or consultants are limited by the Classification Act. In addition, the Office of Personnel Management (OPM) has established requirements which apply in acquiring the personal services of experts or consultants in this manner (e.g., benefits, taxes, conflicts of interest).
This is a full-time position for a Public Engagement and Events Assistant and the maximum number of hours allowed is 2087 per year. The contract will have four one-year option periods that may be exercised at the sole discretion of MCC.
Overtime is NOT authorized on this contract.
The pay range for this position is $22.99 to $37.19 per hour, inclusive of Washington, DC locality pay.
Final compensation will be negotiated within this pay range based upon the successful candidate’s salary history, work experience and educational background. A salary above this pay range will NOT be entertained or negotiated.
MCC issues W-2s to the PSC. For U.S. citizens and legal resident aliens, MCC makes the employer contribution to FICA and Medicare for the PSC. MCC withholds FICA, Medicare, federal tax and state tax on behalf of the PSC. The PSC is not eligible for the Foreign Earned Income Exclusion.
9. BENEFITS
Under the MCC personal services contracting authority, PSCs are not employees for purposes of laws administered by OPM, such as Federal Retirement Benefits and health and life insurance. As such, the PSC is not eligible for participation in the Civil Service Retirement System or the Federal Employees Retirement System. Moreover, the PSC is ineligible to receive Federal Health and Life Insurance or participate in the Federal Thrift Savings Plan.
Notwithstanding the above and if agreed upon by the Government, the PSC before the award of a contract, the PSC may receive a pay supplement of up to 15% of the employee’s direct labor cost in lieu of fringe benefits.
a) Sick Leave
The full-time (FT) PSC earns sick leave on the same basis as direct-hire MCC employees, that is, maximum four (4) hours for every biweekly pay period.
b) Annual Leave
The full-time PSC earns four, six, or eight hours of annual leave for each biweekly pay period depending on the number of years of previous federal government employment based upon
MCC-16-RFQ-0777, PSC Administrative Management Analyst Page 7 of 48 determination made by MCC.
c) Parking & Transit Subsidy
A full time PSC working at MCC Headquarters in Washington, DC is eligible for parking or transit subsidy, subject to the availability of funds. The full time PSC whose duty station is overseas is not eligible for this subsidy.
d) Credit Hours.
A full-time PSC is eligible for credit hours (up to 24 hours earned) under the MCC Credit Hour Program. PSCs 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.
10. TRAVEL
The PSC is subject to the Federal Travel Regulations and MCC travel policies and procedures to the same extent as MCC direct-hire employees.
11. INSTRUCTIONS TO PSC CANDIDATES
In accordance with FAR 52.214-34 & 52.214-35, all submissions are to be in the English language and US Dollars. Submissions in other languages or monetary denominations shall not be considered.
The QUALIFICATIONS REQUIRED are the basis for evaluating all Submissions. Candidates must separately address each listed qualification requirement and demonstrate how s/he meets each. Unless stated otherwise, all qualification elements will be weighted equally.
(a) Qualified individuals must be registered in the System for Award Management (SAM) before submission. Candidates without a SAM registration may be rejected.
(b) Submissions shall be formatted to fit on 8 ½ x 11 paper only. Suggested margins are 1” x 1”. Font to be TIMES NEW ROMAN no larger than 12 point. Hourly rates shall not be mentioned anywhere in your submission other than on the BIODATA FORM (Addendum 2). It is the responsibility of the candidate to ensure that all pages are properly formatted to fit and that all information properly fits within the margins of each page.
(c) Qualified individuals must submit a completed and formally signed Biodata form (Addendum 2).
Typed signatures are not acceptable. Either physically sign or save the BIODATA FORM as a PDF and electronically sign it. Please ensure that you provide a current, valid e-mail address and telephone number for notification purposes. The BIODATA FORM must be fully completed including a proposed hourly rate & signed for the submission to be considered. A BIODATA FORM without a proposed hourly rate and/or signature may cause you to not be considered.
(d) Qualified individuals must submit a resume (or a curriculum vitae) which clearly demonstrates their education, experience, knowledge, and skills and abilities as they relate to the qualification elements. Resume must indicate: the earliest possible start date for the Candidate; as well as formal title, and duration (start date / end date) for each listed position. Resume is limited to 10 pages and must not contain a photo or any salary information.
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(e) Describe your experience and knowledge in regards to the qualification requirements in no more than five pages. Clearly demonstrate how your prior experience is either relevant or directly related to the duties of this position as listed under DUTIES. The responses should describe specifically and accurately what experience, training, education and/or awards you have received that are relevant to each factor. Cite specific examples where appropriate.
(f) Qualified individuals must submit no fewer than three and no more than five professional references, who are not relatives or family members. Submitted references MUST include current information, as follows:
Name of reference
Candidate’s relationship to reference
Title of reference at current job
Reference current telephone number (work or personal)
Reference e-mail address (work)
(g) Submissions must be signed and received prior to the closing date and time specified above to be considered for this position. Typed signatures are not acceptable.
To ensure consideration of Submissions for the intended position, please reference the position title and announcement number on the subject line of your submission email and on supporting documentation and any cover letter.
12. RESPONSE DEADLINE
Electronic submission is required. Mailed copies of any submission shall not be accepted. Electronic packages shall be submitted by e-mail to Taylor Wolf, Contracting Officer, wolftj@mcc.gov before the deadline stated on page 1 of this Combined Synopsis Solicitation. Submission shall reference the position title AND the announcement number on the subject line of the e-mail.
MCC does not accept responsibility for delays in transmission or receipt of any submission. Candidates are responsible for submitting their package so as to reach the designated Government office by the closing date and time specified on page one (1) of this Combined Synopsis Solicitation. Submissions received after the closing date and time will not be considered, unless there is acceptable evidence to establish that it was indeed received by the Government installation prior to the time and date specified in this announcement. Receipt of submissions in response to this announcement does not constitute an award commitment. The U.S. Government will not reimburse any costs incurred in the preparation of a submission. Any submission is at the sole risk of the Candidate.
13. QUESTION DEADLINE
Any questions regarding this announcement should be submitted in writing via email only (no phone calls) to MCCPSC@mcc.gov and wolftj@mcc.gov before the deadline as given on p.1 of this Combined Synopsis Solicitation.
14. SELECTION PROCESS
mailto:wolftj@mcc.gov mailto:MCCPSC@mcc.gov mailto:MCCPSC@mcc.gov
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In order to be considered for the requirement, a candidate must meet the qualifications listed above.
Consideration and selection will be based on a panel evaluation in accordance with the QUALIFICATIONS REQUIRED. In addition to the materials listed above, Candidates are strongly encouraged to write a cover letter, not to exceed one page, to highlight their suitability for this position. The cover letter is NOT included in the required written narrative.
All Submissions will be evaluated based on the documentation submitted, the Candidate’s evidence of the above qualification requirements, performance in a potential discussion/negotiation session, if conducted, and information provided by references, if contacted. Please note that for evaluation purposes, MCC will take into consideration your proposed labor rate and any requested pay supplement in lieu of fringe benefits. All submissions will receive one of three scores for each of the required and desired qualifications: Does Not Meet, Meets, or Exceeds. MCC reserves the right to conduct interviews with the most qualified candidates and/or conduct a reference check on those individuals.
Candidates are strongly encouraged to ensure the work history portion thoroughly documents the duties, responsibilities and accomplishments that are directly related to this requirement in order to verify specialized experience. Errors or omissions may affect your evaluation.
The U.S. Government & MCC are not obligated to make any award or pay for any costs associated with the preparation and submission of a proposal in response to this announcement. Award of this contract is contingent on availability of funds. MCC reserves the right to not award any contract as a result of this announcement.
EXCLUSION OF QUOTES AND COMMUNICATIONS
At any time prior to award, including upon receipt of quotes, the Government may exclude a quote from further consideration for reasons such as (but not limited to): non-compliance with instructions related to this solicitation; the quote is not among the most highly rated; or the quote is not likely to be selected for award. The Government need not notify a Quoter that its quote has been excluded from further consideration nor need it provide the Quoter with a pre-award debriefing. However, the Quoter will be provided post-award notification and if requested, a brief explanation of the basis for the award decision.
After receipt of quotes, the Government will conduct an evaluation. However, during the evaluation process, the Government may, solely at its discretion, communicate with a Quoter for any purpose, such as to gain a better understanding of the quote. As a result of such communication, the Government may allow Quoters to submit quote revisions. If quote revisions are allowed, the Government may, solely at its discretion, impose non-common due dates for the revisions. In other words, the Government may elect to have a quote revision date for a Quoter that is different than the quote revision date for another Quoter(s). The Government need not conduct communications with all Quoters. Rather, the Government may, at its discretion, conduct communications with one or only some Quoters.
Furthermore, the Government need not permit all Quoters to submit quote revisions. Rather, the Government may, at its discretion, seek quote revisions from only one or only some Quoters.
CONTRACT AWARD
This contract shall be awarded solely to an individual, not to a firm. The individual must have an active
MCC-16-RFQ-0777, PSC Administrative Management Analyst Page 10 of 48
DUNS # and a fully approved and active record in the System for Award Management (SAM). The approval of your record in SAM may take a few weeks. Therefore, you must be registered in SAM before submission.
CONTRACT AND PERIOD OF PERFORMANCE
The successful candidate may be offered a full-time, personal services type contract for a one-year base period, plus four (12) month option periods, based upon performance, agency requirements and available funding.
The base period of performance shall be from date of award through 12 months. All option periods are exercised at the sole discretion of MCC. The contract will be 2087 hours per year.
Overtime is not authorized on this contract.
15. ADDENDA
Addendum 1: Additional Clauses Addendum 2: Bio Data Form
(CONTINUED ON NEXT PAGE)
ADDENDUM 1: Additional Clauses
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1. FAR 52.252-1 -- Solicitation Provisions Incorporated by Reference (Feb 1998)
This solicitation incorporates one or more solicitation provisions by reference, with 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 offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this address: https://www.acquisition.gov/?q=browsefar
The following provision(s) are incorporated by reference:
52.212-1 INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS OCT 2015
52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE
REPORTING
JUL 2015
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE
MAINTENANCE
JUL 2015
52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL FEB 2007
REQUIREMENTS—COMMERCIAL ITEM ACQUISITION
(End of Provision)
2. FAR 52.252-2 -- Clauses Incorporated by Reference (Feb 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address:
https://www.acquisition.gov/?q=browsefar
The following clause(s) are incorporated by reference:
FAR Clause Title Date
52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL JAN 2011
52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING JUL 2015
52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE
JUL 2015
52.209‐6 PROTECTING THE GOVERNMENT'S INTEREST WHEN OCT 2015
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,
OR PROPOSED FOR DEBARMENT
52.212-4 CONTRACT TERMS AND CONDITIONS – COMMERCIAL ITEMS /
ALTERNATE I
MAY 2015
52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL FEB 2007
REQUIREMENTS—COMMERCIAL ITEM ACQUISITION
52.222‐35 EQUAL OPPORTUNITY FOR VETERANS OCT 2015
52.222‐37 EMPLOYMENT REPORTS ON VETERANS FEB 2016
52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS DEC 2013
SUBCONTRACTORS
52.237-1 SITE VISIT APR 1984
52.237-2
PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND APR 1984
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VEGETATION
52.245-1 GOVERNMENT PROPERTY APR 2012
52.245-9 USE AND CHARGES APR 2012
(End of Clause)
3. FAR 52.204-1 – Approval of Contract (Dec 1989)
This contract is subject to the written approval of the Contracting Officer and shall not be binding until so approved.
4. FAR 52.212-2 – Evaluation – Commercial Items (Oct 2014)
(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:
See Paragraph 8 – Qualifications Required on page 5 above.
(b) Options. Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under FAR 52.217-8 will be accomplished by using the prices offered for the last option period to determine the price for a 6-month option period, which will be added to the base and other option years to arrive at the total price. Evaluation of options will not obligate the Government to exercise the option(s).
(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.
(End of Provision)
5. FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items (Apr 2016)
The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) website accessed through http://www.acquisition.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs
(c) through (r) of this provision.
(a) Definitions. As used in this provision— “Economically disadvantaged women-owned small business (EDWOSB) concern” means a small business concern that is at least 51 percent directly and unconditionally owned by, and the http://www.acquisition.gov/
MCC-16-RFQ-0777, PSC Administrative Management Analyst Page 13 of 48 management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program.
“Forced or indentured child labor” means all work or service—
(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or
(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.
“Highest-level owner” means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.
“Immediate owner” means an entity, other than the offeror, that has direct control of the offeror.
Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
“Inverted domestic corporation”, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in product and service codes (PSCs) 1000- 9999, except—
(1) PSC 5510, Lumber and Related Basic Wood Materials;
(2) Product or Service Group (PSG) 87, Agricultural Supplies;
(3) PSG 88, Live Animals;
(4) PSG 89, Subsistence;
(5) PSC 9410, Crude Grades of Plant Materials;
(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8) PSC 9610, Ores;
(9) PSC 9620, Minerals, Natural and Synthetic; and
(10) PSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Predecessor” means an entity that is replaced by a successor and includes any predecessors of the predecessor.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate— http://uscode.house.gov/
MCC-16-RFQ-0777, PSC Administrative Management Analyst Page 14 of 48
(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3) Consist of providing goods or services to marginalized populations of Sudan;
(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5) Consist of providing goods or services that are used only to promote health or education; or
(6) Have been voluntarily suspended.
“Sensitive technology”—
(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—
(i) To restrict the free flow of unbiased information in Iran; or
(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and
(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).
“Service-disabled veteran-owned small business concern”—
(1) Means a small business concern—
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
“Small business concern” means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation.
“Small disadvantaged business concern”, consistent with 13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—
(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—
(i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and
(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.
“Subsidiary” means an entity in which more than 50 percent of the entity is owned—
(1) Directly by a parent corporation; or
(2) Through another subsidiary of a parent corporation.
http://uscode.house.gov/ http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20
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“Veteran-owned small business concern” means a small business concern—
(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C.
101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and
(2) The management and daily business operations of which are controlled by one or more veterans.
“Successor” means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.
“Women-owned business concern” means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women.
“Women-owned small business concern” means a small business concern—
(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and
(2) Whose management and daily business operations are controlled by one or more women.
“Women-owned small business (WOSB) concern eligible under the WOSB Program” (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States.
(b)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the SAM website.
(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed through http://www.acquisition.gov. After reviewing the SAM database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (r) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]
(c) Offerors must complete the following representations when the resulting contract will be performed in the United States or its outlying areas. Check all that apply.
(1) Small business concern. The offeror represents as part of its offer that it □ is, □ is not a small business concern.
http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++%2838%29%20%20AND%20%28%2838%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://www.acquisition.gov/ https://www.acquisition.gov/sites/default/files/current/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%204_12.html#wp1073667
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(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.
(3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it o is, o is not a service-disabled veteran-owned small business concern.
(4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a women-owned small business concern.
(6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that—
(i) It □ is,□ is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: __________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation.
(7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that—
(i) It □ is, □ is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and
(ii) It □ is, □ is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: __________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation.
Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.
(8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.
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(9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price:____________________________________
(10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that—
(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR Part 126; and
(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR Part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture:
__________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation.
(d) Representations required to implement provisions of Executive Order 11246—
(1) Previous contracts and compliance. The offeror represents that—
(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii) It □ has, □ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that—
(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 and 60-2), or
(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR)52.225-1, Buy American—Supplies, is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900
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United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products,…
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