MCC-17-RFQ-0012_Final.pdf

MCC-17-RFQ-0012 M&E Director Page 1 of 57

Millennium Challenge Corporation

Combined Synopsis Solicitation

Monitoring and Evaluation Director

Department of Policy and Evaluation – Monitoring and Evaluation

Date Posted: November 23, 2016

Announcement Number: MCC-17-RFQ-0012

Title: Monitoring and Evaluation (M&E) Director

Position Information: Intermittent, Personal Services Contractor (PSC)

One year (1,664 hours per year), renewable for up to a total of 5 years at the sole discretion of the government

Pay Band: 3A ($55.10 - $78.35 per hour) NOTE: The PSC may receive a pay supplement of up to 30% of the employee’s direct labor cost in lieu of fringe benefits

Closing Date for Questions: 11/25/2016 10:00am Eastern Standard Time

Submission Deadline: 12/01/2016 10:00am Eastern Standard Time

Who May Be Considered: U.S. citizens or legal, permanent residents with a minimum of five years residency history

Duty Location: Washington DC or PSC’s home of record (to be proposed by the offeror in their cover letter)

1. INTRODUCTION AND BACKGROUND

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 (“Act”). MCC’s mission is to reduce poverty around the world through the promotion of sustainable economic growth based on the principle that aid is most effective when it strengthens good governance, economic freedom and investments in people.

This position is located in the Department of Policy and Evaluation (DPE). The mission of the Policy and Evaluation Department is to provide management oversight for the development and implementation of policy and best practices related to country eligibility, economic analysis and monitoring and evaluation, knowledge management and policy reform. DPE manages the MCC’s

Threshold Program and formulates strategies that leverage MCC impact with foundations; international donors and other U.S. Government agencies.

MCC/DPE requires a personal services contractor (PSC) to coordinate monitoring and evaluation activities for multiple Compacts and/or Threshold programs. The M&E activities can be broadly divided into four categories: (i) development of an M&E Plan; (ii) performance monitoring; (iii) surveys and evaluations; and (iv) technical guidance to the Millennium Challenge Account (MCA). All these will be reflected in the development of the M&E Plan which specifies the indicator targets, the need to have baseline and follow up surveys, the need to have independent evaluations and other studies, and the need to have independent data quality reviews.

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MCC technical assistance and guidance will need to be targeted to the needs of the MCA M&E staff and those of the implementing entities.

2. SCOPE OF POSITION

The PSC will serve as the Monitoring and Evaluation point of contact. This person will be responsible for overseeing the performance monitoring component of all activities in the Compact, support and management of baseline surveys, technical support and project management of evaluations, integration of monitoring and evaluation into activity implementation, and other M&E tasks as may arise.

3. 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 in Washington, D.C., US, MCC eligible countries, other US and foreign cities (as required for outreach purposes), and/or at the PSC’s home of record.

(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.

(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.

https://www.acquisition.gov/?q=browsefar

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4. 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 at the PSC’s home of record (to be proposed by the offeror in their cover letter)

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.

5. DUTIES

Major Duties and Responsibilities

(1) Assumes full technical responsibility for conceptualization and implementation of

MCC’s monitoring and evaluation in assigned countries and provides quality control for all such work.

(2) Provides overall intellectual leadership for the logical design of investments and the development of monitoring activities and evaluation of impact. This includes: analyzing the overall program logic in a Compact and the logical soundness and likely development impact of individual project proposals; working with MCC Country Teams and MCA staff on results-focused project design, reviewing available evidence and country- or context-specific factors to guide project design; assuring that all projects have clear and quantifiable objectives, outcomes and outputs;

identifying potential risks and mitigation strategies, assessing complementary donor efforts in supporting statistical capacity and results-based management; and developing M&E plans and budgets for all projects in a Compact, in collaboration with host country counterparts.

(3) Provides technical guidance and support to host country counterparts to implement

M&E Plans. This includes: overseeing the implementation and monitoring of M&E systems and structures to support the generation, collection, analyze and timely submission of performance reports by MCA counterparts; development and implementation of M&E budgets and procurements; reviewing M&E data to ensure quality and reliability; and supporting M&E training and capacity-building efforts.

(4) Ensures the quality and accuracy of data included in MCC communication materials, including MCC’s web site and public reports.

(5) Develops terms of reference for undertaking M&E activities (including impact evaluations) and hires and manages external resources acquired through contracts.

Serves as COTR for M&E contracts (both individuals and firms).

(6) Mentors M&E staff, identifying best practice and developments in monitoring and evaluation; updating MCC and in-country staff on key findings.

https://www.sam.gov/portal/SAM/

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(7) Reviews productivity in areas related to the agency’s M&E work, monitors problem areas, and oversees implementation of solutions that will eliminate them. Takes actions necessary to maintain or improve the quality and quantity of operational service.

(8) Identifies best practice and developments in monitoring and evaluation; follows monitoring and evaluation developments and lessons learned from other compacts to inform project work, updates MCC and country counterparts on key new findings.

(9) Determines the need for written policies and procedures, designates subordinates to develop policy and procedural documents, and reviews and approves them upon completion.

(10) Follows research relevant to data for economic indicators affiliated with international assistance programs for developing nations.

(11) Provides support to Impact Evaluation group, including guidance on evaluation designs, survey sample sizes and other key parameters to ensure impact evaluations provide meaningful results.

(12) Contributes to work led by MCC Lead Economists that analyzes the primary constraints to growth and the economic and policy frameworks in proposed sectors under consideration.

(13) Evaluates proposals of eligible countries and analyzes the quality of their economic logic, including the potential impact on growth, implicit subsidies, economic return of proposed projects, and quantitative reasoning behind economic development proposals. Provides expert consultation in researching and analyzing data to conduct beneficiary analysis. Conducts or reviews economic analyses of proposed projects in country compacts, as needed.

(14) Contributes to the construction and maintenance of benefit-cost analyses for projects, including the formal modeling of costs and benefits and the evidentiary basis for key parameters.

(15) Develops and recommends improvements to MCC program policies, practices, and methods in relation to the monitoring and evaluation of economic developments in developing countries. As a recognized expert in the field, develops policy for the review and implementation of compact proposals/programs. Develops internal and external policy guidance.

(16) Serves as one of MCC's recognized experts who analyzes a variety of issues that are critical to the development of policy and the operational support of MCC-wide initiatives. Formulates and develops policy recommendations on highly controversial and politically sensitive issues and/or positions. Anticipates potential policy problems, assesses impact and Congressional/country reaction, and ensures that policy recommendations are consistent with U.S., candidate/compact country, and development community objectives.

(17) Develops articles and speeches to maintain active communication between the agency, the development policy community and the academic community.

(18) Performs other duties as assigned.

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6. DELIVERABLES

The PSC shall provide the following deliverable:

Monthly Progress Reports

Monthly progress reports will consist of the following format to measure progress of each task.

Task: XXXXXX

Status: XXXXXXXX

Recommendations: XXXXXXX

Monthly reports are due the first day of the preceding month.

7. QUALIFICATIONS REQUIRED

Offerors must meet all the required qualifications described below by the closing date of this announcement. Desired qualifications will only be considered once all required qualifications are met.

Candidates must demonstrate that they possess the following:

(a) Required Qualifications:

The required qualifications include:

(1) On-the-ground monitoring and evaluation experience in developing countries;

(2) Language proficiency in French, Spanish, Russian and/or Portuguese and

(3) At least MA level education in fields such as economics, social sciences, policy analysis or public administration, or equivalent experience.1

(b) Desired Qualifications:

The desired qualifications include:

(1) Knowledge and experience of qualitative and quantitative monitoring and evaluation tools & methodology;

(2) Experience with data collection & analysis of data quality;

(3) Training and experience with statistical and analytical tools;

(4) Experience with management information systems;

(5) Experience in development of project monitoring systems; and

(6) Demonstrated M&E training and facilitation skills.

NOTE: All experience must be well-documented on the resume and within the Submission. All aspects of the Submission must specifically show how the candidate meets the qualifications required. Credit may be given for appropriate unpaid and/or part-time work. To receive credit, Submissions must clearly identify the duties and responsibilities in each position held and the total number of hours worked per week.

1 “Equivalent experience” is defined as at least six (6) years of relevant experience in one or more of the required fields.

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8. REQUIRED DOCUMENTATION

a) Interested Candidates must submit all required documents to include, but not limited to:

Copy of Transcript or Transcripts (may be “unofficial” for offer submission purposes);

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);

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.

b) Desired Documentation:

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.

9. 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 an intermittent position for a Monitoring and Evaluation Director and the maximum number of hours allowed is 1,664 hours per year. The contract will have a one-year base period and four (4) one-year option periods that may be exercised at the sole discretion of MCC, for a total potential performance period of five (5) years.

Overtime is NOT authorized on this contract.

The pay range for this position is $55.10 to $78.35 per hour. 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.

10. 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.

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Notwithstanding the above and if agreed upon between the Government and the PSC before the award of a contract, the PSC may receive a pay supplement of up to 30% of the employee’s direct labor cost in lieu of fringe benefits.

NOTE: An intermittent PSC is not eligible for sick leave, annual leave, payment for holidays and other days closed, parking/transit subsidy, compensatory time off for travel or credit hours.

11. 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.

12. 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 (Section 7) 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.

(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.

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(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.

13. RESPONSE DEADLINE

Electronic submission is required. Mailed copies of any submission shall not be accepted. Electronic packages shall be submitted by e-mail to fullerdf@mcc.gov and naranjoj@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.

14. QUESTION DEADLINE

Any questions regarding this announcement should be submitted in writing via email only (no phone calls) to MCCPSC@mcc.gov, fullerdf@mcc.gov and naranjoj@mcc.gov before the deadline as given on p.1 of this Combined Synopsis Solicitation.

15. SELECTION PROCESS

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 (Section 7). 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 mailto:fullerdf@mcc.gov mailto:naranjoj@mcc.gov mailto:MCCPSC@mcc.gov mailto:fullerdf@mcc.gov mailto:naranjoj@mcc.gov

MCC-17-RFQ-0012 M&E Director Page 9 of 57 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 only 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 and 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.

16. CONTRACT AWARD

This contract shall be awarded solely to an individual, not to a firm. The individual must have an active

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.

17. CONTRACT AND PERIOD OF PERFORMANCE

The successful candidate may be offered an intermittent, personal services type contract for a one-year base period, plus four (4) 12 month option periods to be exercised at the Government’s discretion 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 intermittent, and a maximum of 1,664 hours per year.

Overtime is not authorized on this contract.

18. PLACE OF PERFORMANCE

The Contractor’s primary duty station will be at MCC Headquarters in Washington, DC, the contractor’s home of record if a remote worker, or duty station if overseas. Offerors should specify their proposed duty station in the cover letter of their submission.

19. ADDENDA

Addendum 1: Additional Clauses

Addendum 2: Bio Data Form

Addendum 3: Position Description

Addendum 4: How to Apply for a PSC Position with MCC

(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 2016

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE

REPORTING

JUL 2016

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE

MAINTENANCE

JUL 2016

52.216-31 TIME-AND-MATERIALS/LABOR-HOUR PROPOSAL FEB 2007

REQUIREMENTS—COMMERCIAL ITEM ACQUISITION

AcquisitionACQUISITION

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: http://farsite.hill.af.mil/vffara.htm

The following clause(s) are incorporated by reference:

FAR Clause Title Date

52.204‐9 PERSONAL IDENTITY VERIFICATION OF

CONTRACTOR PERSONNEL

JAN 2011

52.212-4 CONTRACT TERMS AND CONDITIONS –

COMMERCIAL ITEMS / ALTERNATE I

MAY 2015/

MAY 2014

52.232‐40 PROVIDING ACCELERATED PAYMENTS TO SMALL

BUSINESS

DEC 2013

BUSINESS SUBCONTRACTORS

52.237-1 SITE VISIT APR 1984

52.237-2 PROTECTION OF GOVERNMENT BUILDINGS,

EQUIPMENT,VEGETATION

APR 1984

52.245-1 GOVERNMENT PROPERTY APR 2012

52.245-9 USE AND CHARGES APR 2012

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.

https://www.acquisition.gov/?q=browsefar http://farsite.hill.af.mil/vffara.htm

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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 7 – 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.

5. FAR 52.212-3 – Offeror Representations and Certifications – Commercial Items (Oct 2016)

The offeror shall complete only paragraphs (b) of this provision if the Offeror has completed the annual representations and certification electronically via the System for Award Management (SAM) Web site accessed through http://www.sam.gov/portal. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (s) of this provision.

(a) Definitions. As used in this provision--

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Administrative merits determination” means certain notices or findings of labor law violations issued by an enforcement agency following an investigation. An administrative merits determination may be final or be subject to appeal or further review. To determine whether a particular notice or finding is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Arbitral award or decision” means an arbitrator or arbitral panel determination that a labor law violation occurred, or that enjoined or restrained a violation of labor law. It includes an award or decision that is not final or is subject to being confirmed, modified, or vacated by a court, and includes an award or decision resulting from private or confidential proceedings. To determine http://www.sam.gov/portal

MCC-17-RFQ-0012 M&E Director Page 12 of 57 whether a particular award or decision is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

“Civil judgment” means--

(1) In paragraph (h) of this provision: A judgment or finding of a civil offense by any court of competent jurisdiction.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

(2) In paragraph (s) of this provision: Any judgment or order entered by any Federal or

State court in which the court determined that a labor law violation occurred, or enjoined or restrained a violation of labor law. It includes a judgment or order that is not final or is subject to appeal. To determine whether a particular judgment or order is covered by this definition, it is necessary to consult section II.B. in the DOL Guidance.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“DOL Guidance” means the Department of Labor (DOL) Guidance entitled: “Guidance for

Executive Order 13673, ‘Fair Pay and Safe Workplaces’ “. The DOL Guidance, dated August

25, 2016, can be obtained from www.dol.gov/fairpayandsafeworkplaces.

“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 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.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Enforcement agency” means any agency granted authority to enforce the Federal labor laws. It includes the enforcement components of DOL (Wage and Hour Division, Office of Federal

Contract Compliance Programs, and Occupational Safety and Health Administration), the Equal

Employment Opportunity Commission, the Occupational Safety and Health Review

Commission, and the National Labor Relations Board. It also means a State agency designated to administer an OSHA-approved State Plan, but only to the extent that the State agency is acting in its capacity as administrator of such plan. It does not include other Federal agencies which, in their capacity as contracting agencies, conduct investigations of potential labor law violations.

The enforcement agencies associated with each labor law under E.O. 13673 are--

(1) Department of Labor Wage and Hour Division (WHD) for--http://www.dol.gov/fairpayandsafeworkplaces

MCC-17-RFQ-0012 M&E Director Page 13 of 57

(i) The Fair Labor Standards Act;

(ii) The Migrant and Seasonal Agricultural Worker Protection Act;

(iii) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon

Act;

(iv) 41 U.S.C. chapter 67, formerly known as the Service Contract Act;

(v) The Family and Medical Leave Act; and

(vi) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for

Contractors);

(2) Department of Labor Occupational Safety and Health Administration (OSHA) for--

(i) The Occupational Safety and Health Act of 1970; and

(ii) OSHA-approved State Plans;

(4) Department of Labor Office of Federal Contract Compliance Programs (OFCCP) for-

(i) Section 503 of the Rehabilitation Act of 1973;

(ii) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the

Vietnam Era Veterans' Readjustment Assistance Act of 1974; and

(iii) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity);

(5) National Labor Relations Board (NLRB) for the National Labor Relations Act; and

(6) Equal Employment Opportunity Commission (EEOC) for--

(i) Title VII of the Civil Rights Act of 1964;

(ii) The Americans with Disabilities Act of 1990;

(iii) The Age Discrimination in Employment Act of 1967; and

(iv) Section 6(d) of the Fair Labor Standards Act (Equal Pay Act).

“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

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(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).

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Labor compliance agreement” means an agreement entered into between a contractor or subcontractor and an enforcement agency to address appropriate remedial measures, compliance assistance, steps to resolve issues to increase compliance with the labor laws, or other related matters.

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Labor laws” means the following labor laws and E.O.s:

(1) The Fair Labor Standards Act.

(2) The Occupational Safety and Health Act (OSHA) of 1970.

(3) The Migrant and Seasonal Agricultural Worker Protection Act.

(4) The National Labor Relations Act.

(5) 40 U.S.C. chapter 31, subchapter IV, formerly known as the Davis-Bacon Act.

(6) 41 U.S.C. chapter 67, formerly known as the Service Contract Act.

(7) E.O. 11246 of September 24, 1965 (Equal Employment Opportunity).

(8) Section 503 of the Rehabilitation Act of 1973.

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(9) The Vietnam Era Veterans' Readjustment Assistance Act of 1972 and the Vietnam

Era Veterans' Readjustment Assistance Act of 1974.

(10) The Family and Medical Leave Act.

(11) Title VII of the Civil Rights Act of 1964.

(12) The Americans with Disabilities Act of 1990.

(13) The Age Discrimination in Employment Act of 1967.

(14) E.O. 13658 of February 12, 2014 (Establishing a Minimum Wage for Contractors).

(15) Equivalent State laws as defined in the DOL Guidance. (The only equivalent State laws implemented in the FAR are OSHA-approved State Plans, which can be found at www.osha.gov/dcsp/osp/approved_state_plans.html).

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

“Labor law decision” means an administrative merits determination, arbitral award or decision, or civil judgment, which resulted from a violation of one or more of the laws listed in the definition of “labor laws”.

“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.

http://www.osha.gov/dcsp/osp/approved_state_plans.html

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“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—

(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)).

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“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.

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“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.

“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.

“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 the 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 SAMwebsite.

(2) The offeror has completed the annual representations and certifications electronically via the SAM website accessed throughhttps://www.acquisition.gov. After reviewing the

SAM database information, the offeror verifies by submission of this offer that the representation 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 https://www.acquisition.gov/

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(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 (s) 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 is to 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.

(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 [_] is, [_] 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.

Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition threshold.

(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

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(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.

(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.

(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.]…