MCC-17-RFQ-0073_-_BPA_(FINAL).pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 53

MCC-17-RFQ-0073 06-27-2017

07-26-2017

Noon Eastern

Millennium Challenge Corporation

Contracts and Grants Management Division

1099 Fourteenth Street NW

Suite 700 Attn: D. Fuller fullerdf@mcc.gov Washington DC 20005

X

541690

$15 Million

N/A

CGM

1099 Fourteenth Street NW, Suite 700

Contracts and Grants Management Division

1099 Fourteenth Street NW

Suite 700

Interior Business Center

M/S D-2773

7301 West Mansfield Avenue

Lakewood CO 80235-2230

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6 and conducted per the procedures of FAR Subpart 13.5, as supplemented with additional information included in this notice.

MCC seeks offers for a multiple award Blanket Purchase Agreement

(BPA) for Economic Analysis and Evaluation Services of MCC-

Funded Transportation Projects in various countries.

As part of this solicitation, MCC also seeks to award the first two call orders against the BPA for Independent Evaluations of

MCC-Funded Transportation Activities in Cabo Verde and Mongolia.

See enclosed solicitation and all attachments for pertinent details.

See CONTINUATION Page

X X

JACQUELINE H. NARANJO

Contracting Officer

MCC-17-RFQ-0073 MCC Transport Evaluations Blanket Purchase Agreement, Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 2

Table of Contents

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. Price/Cost Schedule

B.2. FAR 52.216-1 -- Type of Contract (APR 1984)

B.3. Funding Type

B.4. Call Order Price Templates

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. Introduction & Background

C.2. Scope

C.3. Roles and Responsibilities

C.4. Tasks

C.5. Labor Categories and Definitions

SECTION D – PACKAGING AND MARKING

D.1. Disclaimer for Deliverables

SECTION E – INSPECTION AND ACCEPTANCE

E.1. Inspection of Reports

E.2. Quality Control Plan

SECTION F – DELIVERIES OR PERFORMANCE

F.1. Period of Performance

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. MCC 52.201-70 Contracting Officer’s Representative (COR) and/or Project Monitor (PM) (JULY 2012)

G.2. MCC 52.232-70 Invoice Instructions (MCC CUSTOM)

SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. MCC 52.203-70 Contractor Non-Disclosure Agreement (MAY 2017)

H.2. MCC 52.204-70 Security Requirements for Contractor Personnel (MAY 2013)

H.3. MCC 52.209-70 Organizational Conflicts of Interest: Preclusion from Implementation Contract (JULY 2012)

H.4. MCC 52.232-72 Limitation of Funds – Incrementally Funded Contracts (NOV 2006)

H.5. MCC 52.232-73 Travel Reimbursement (MAY 2017)

H.6. MCC 52.232-74 ODC Reimbursement (JAN 2007)

H.7. MCC 52.242-70 Contractor Performance Assessment Rating System (CPARS) Registration (AUG 2011)

H.8. MCC 52.243-70 Increase in Services (OCT 2006)

H.9. MCC 52.245-70 Contractor Acquired MCC Government Property Overseas (JULY 2012)

H.10. Provision on Peer Review and Posting of Reports

H.11. Provision on Insurance Maintenance

H.12. Provision on Stakeholder Input for Evaluation Products

H.13. Provision on Human Subjects Protection

H.14. Personally Identifiable Information and Confidentiality

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 3

H.15. Provision on Delivered Work Product Free from 3rd Party Rights

H.16. Key Personnel

H.17. Request for Call Order Quotations

H.18. Fair Opportunity to Compete for Call Order Award

H.19. Ombudsman

H.20. Alternative Dispute Resolution

H.21. Option to Add BPA Holders

PART II – CONTRACT CLAUSES

SECTION I – CONTRACT CLAUSES

I.1. FAR 52.212-4 Contract Terms and Conditions — Commercial Items/Alternate I (JAN 2017/ JAN 2017)

I.2. FAR 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (JAN 2017)

I.3. FAR 52.214-34 Submission of Offers in the English Language (APR 1991)

I.4. FAR 52.214-35 Submission of Offers in U.S. Currency (APR 1991)

I.5. FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)

PART III – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

SECTION J – LIST OF ATTACHMENTS

SECTION K – REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS OR RESPONDENTS

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1. General

L.2. Inquiries/Questions Concerning the Solicitation

L.3. Exclusion of Quotes and Pre-Award Communications with Offerors

L.4. Quotation Due Date

L.5. Quotation Response

L.6. Quotation Volumes

L.7. Quotation Format

L.8. Blocked and Unacceptable Electronic File Types

L.9. Page Limits

L.10. Preparation of Volume I – Technical Quotation

L.11. Preparation of Volume II – Cost Quotation

SECTION M – EVALUATION FACTORS FOR AWARD

M.1. FAR 52.212-2 Evaluation – Commercial Items (OCT 2014)

M.2. Evaluation Factor 1 – Technical Capability

M.3. Evaluation Factor 2 – Past Performance

M.4. Evaluation Factor 3 – Price

M.5. Basis for Award

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 4

SECTION B – SUPPLIES OR SERVICES AND PRICE/COSTS

B.1. Price/Cost Schedule

Using the template below, Offerors must propose their fully-burdened hourly rates for each labor category in each respective calendar year. Call order pricing will be established based on these maximum rates. See Section C.5 for a description of each labor category. If an offeror proposes additional BPA labor categories, they must provide a description of the proposed category, including minimum education and experience requirements.

Labor Category Labor Rates

CY2017 CY2018 CY2019 CY2020 CY2021 CY2022

Team Leader $ $ $ $ $ $

Senior Analyst III, Evaluation Expert $ $ $ $ $ $

Senior Analyst II, Evaluation Expert $ $ $ $ $ $

Senior Analyst I, Evaluation Expert $ $ $ $ $ $

Senior Analyst III, HDM-IV/REDS Specialist $ $ $ $ $ $

Senior Analyst II, HDM-IV/REDS Specialist $ $ $ $ $ $

Senior Analyst I, HDM-IV/REDS Specialist $ $ $ $ $ $

Senior Analyst III, Roads/Pavement

Engineering

Senior Analyst II, Roads/Pavement Engineering $ $ $ $ $ $

Senior Analyst I, Roads/Pavement Engineering $ $ $ $ $ $

Senior Analyst III, Political Economist $ $ $ $ $ $

Senior Analyst II, Political Economist $ $ $ $ $ $

Senior Analyst I, Political Economist $ $ $ $ $ $

Senior Analyst III, Road Maintenance Expert $ $ $ $ $ $

Senior Analyst II, Road Maintenance Expert $ $ $ $ $ $

Senior Analyst I, Road Maintenance Expert $ $ $ $ $ $

Senior Analyst III, Transport Economist $ $ $ $ $ $

Senior Analyst II, Transport Economist $ $ $ $ $ $

Senior Analyst I, Transport Economist $ $ $ $ $ $

Senior Analyst III, Other Transport Specialist $ $ $ $ $ $

Senior Analyst II, Other Transport Specialist $ $ $ $ $ $

Senior Analyst I, Other Transport Specialist $ $ $ $ $ $

In-Country Coordinator $ $ $ $ $ $

Qualitative Researcher $ $ $ $ $ $

Survey Specialist $ $ $ $ $ $

Statistician $ $ $ $ $ $

Junior Analyst $ $ $ $ $ $

Research Assistant $ $ $ $ $ $

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 5

B.2. FAR 52.216-1 -- Type of Contract (APR 1984)

The Government contemplates award of approximately 5 to 10 Blanket Purchase Agreements (BPAs) and two time-and-materials (T&M) BPA call orders resulting from this solicitation.

B.3. Funding Type

The call orders will be funded, at time of award, with no-year Due Diligence funding. As such, funding obligated to call orders may be used during the life of the contract.

B.4. Call Order Price Templates

See Attachments 1 and 2 for the price templates for Cabo Verde and Mongolia.

(End of SECTION B)

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 6

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

C.1. Introduction & Background

The Millennium Challenge Corporation (MCC) is a U.S. Government corporation whose mission is to provide assistance that will support economic growth and poverty reduction in carefully selected countries that demonstrate a commitment to just and democratic governance, economic freedom, and investments in their citizenry. For more information on the

MCC, please visit www.mcc.gov.

MCC’s Monitoring and Evaluation (M&E) Division is designed to support two objectives derived from MCC’s core principles: accountability and learning. Accountability refers to MCC’s obligation to report on its activities and attributable outcomes, accept responsibility for them, and disclose these findings in a public and transparent manner.

Learning refers to improving the understanding of the causal relationships between interventions and changes in poverty and incomes.

C.2. Scope

The Contractor shall provide services in support of MCC’s Department of Policy and Evaluation (DPE). These services may include Independent Economic Analysis and Evaluation Services in support of MCC Transportation Projects

(primarily roads, but potentially including urban transportation systems, ports, ferries, airports and any other relevant transportation-related investment). This is expected to require expertise in data collection and analysis supporting transportation impact and performance evaluations, transportation economics including transportation asset planning, maintenance, engineering and political economy. The primary focus of these services is anticipated to include the following, though additional specific transportation-related requirements may be needed:

1. Independent Evaluation of MCC Transportation Projects

2. HDM-IV and RED Modelling as relevant to MCC Transportation Projects.

3. Political Economy Analysis as relevant to MCC Transportation Projects.

4. Qualitative or Quantitative Data Collection as relevant to MCC Transportation Projects.

5. Data Quality Assurance as relevant to MCC Transportation Projects.

6. Data Analysis and Dissemination as relevant to MCC Transportation Projects.

7. Peer Review of any of the above.

C.3. Roles and Responsibilities

Roles and responsibilities of MCC, the Contractor, and other relevant parties will be specified via Call Orders against the multiple BPAs.

C.4. Tasks

Specific detailed tasks will be issued via Call Orders against the multiple BPAs. They may include, but are not limited to:

o Assessing the MCC Project Logic;

o Developing an evaluation methodology (impact or performance);

o Supporting MCC and the MCA or Post-Compact Government POC to build buy-in and ownership of the evaluation;

o Developing evaluation materials such as questionnaires, enumerator manuals and research protocols;

o Obtaining Institutional Review Board review and approval of research;

o Supervising data collection efforts;

o Data analysis and write-up of results; and o Stakeholder consultations and dissemination of results.

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 7

C.5. Labor Categories and Definitions

Labor Category* Definition

Team Leader

The Team Leader will be the primary responsible party for administrative coordination and deliverables and will manage the program review, evaluation design and implementation process. These evaluations are complex, covering many skills sets, and it is important that the different analyses are integrated into one evaluation, with each part informing the others. The Team Leader will be responsible for ensuring this integration.

Must have at least 10-15 years of demonstrated experience managing large, complex teams, and an understanding of all aspects of the evaluation (this includes knowledge in road engineering, transportation economics, evaluation, and political economy, each as relevant to the Call Order evaluation), which can be demonstrated through education or experience.

Must have, at a minimum, a Master’s degree in a field relevant to the Call Order and a minimum of 10-15 years relevant experience in that field.

Senior Analyst III, Evaluation Expert

The Senior Analyst, Evaluation Expert will be responsible for technical and methodological leadership of the evaluation.

to evaluation, plus a minimum of 20 years of relevant experience designing, implementing, and disseminating results of impact and/or performance evaluations, particularly through publication in peer-review journals.

Senior Analyst III, HDM-IV/REDS Specialist Each Senior Analyst here will be responsible for technical and methodological leadership of the analyses specified in the title of their Labor Category.

to their Labor Category, plus at least 20 years of relevant experience in that field.

Senior Analyst III, Roads/Pavement Engineering

Senior Analyst III, Political Economist

Senior Analyst III, Road Maintenance Expert

Senior Analyst III, Transport Economist

Senior Analyst III, Other Transport Specialist

Senior Analyst II, Evaluation Expert to evaluation, plus 10-19 years of relevant experience designing, implementing, and disseminating results of impact and/or performance evaluations, particularly through publication in peer-review journals.

Senior Analyst II, HDM-IV/REDS Specialist Each Senior Analyst here will be responsible for technical and methodological leadership of the analyses specified in the title of their Labor Category.

to their Labor Category, plus 10-19 years of relevant experience in that field.

Senior Analyst II, Roads/Pavement Engineering

Senior Analyst II, Political Economist

Senior Analyst II, Road Maintenance Expert

Senior Analyst II, Transport Economist

Senior Analyst II, Other Transport Specialist

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 8

*Note: If an offeror proposes additional BPA labor categories, they must provide a description of the proposed category, including minimum education and experience requirements as shown above.

Senior Analyst I, Evaluation Expert to evaluation, plus 5-9 years of relevant experience designing, implementing, and disseminating results of impact and/or performance evaluations, particularly through publication in peer-review journals.

Senior Analyst I, HDM-IV/REDS Specialist Each Senior Analyst here will be responsible for technical and methodological leadership of the analyses specified in the title of their Labor Category.

to their Labor Category, plus 5-9 years of relevant experience in that field.

Senior Analyst I, Roads/Pavement Engineering

Senior Analyst I, Political Economist

Senior Analyst I, Road Maintenance Expert

Senior Analyst I, Transport Economist

Senior Analyst I, Other Transport Specialist

In-Country Coordinator

The in-country coordinator will be responsible for liaison with key stakeholders in-country, and assist any foreign-based evaluation team members in communication and completion of tasks, such as data collection.

This person must have a minimum of two years’ experience in research and evaluation, and experience working with or discussing technical issues with government officials or international donors. Experience working in the transportation sector is preferred.

Qualitative Researcher

Must have, at a minimum, a Master's degree in statistics, mathematics, economics, or a related field, and a minimum of

5 years relevant experience designing and implementing qualitative research.

Survey Specialist

Must have, at a minimum, a Master's degree in statistics, mathematics, economics, or a related field, and a minimum of

5 years relevant experience designing and implementing quantitative surveys.

Statistician

Must have, at a minimum, a Master's degree in statistics, mathematics, economics, or a related field, and a minimum of

5 years relevant experience in research and evaluation.

Experience working with survey data is highly desirable.

Junior Analyst

Must have, at a minimum, a Master's degree in economics, business, policy or a related field, and a minimum of 2 years relevant experience in research and evaluation.

Research Assistant

Must have, at a minimum, a Bachelor's degree in economics, business, policy or a related field, and one year of experience in research and evaluation.

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SECTION D – PACKAGING AND MARKING

D.1. Disclaimer for Deliverables

The Contractor shall ensure that each report prepared by the Contractor and delivered under this Contract contains the following statement on the first or cover page of such report:

“The views and opinions expressed herein are those of the author(s) and do not necessarily represent those of MCC or any other U.S. Government entity.”

(End of SECTION D)

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SECTION E – INSPECTION AND ACCEPTANCE

Inspection and acceptance shall be in accordance with the terms of FAR 52.212-4/Alternate I, Contract Terms and

Conditions – Commercial Items. In addition, the following terms apply:

E.1. Inspection of Reports

MCC only accepts full submittals, not partial submittals; submittals must be in full accordance with the Contractor’s approved methodology and QA/QC plan. MCC’s Evaluation Management Committee (EMC) guides the design of the evaluation and reviews deliverables at key checkpoints. The Contractor must take the EMC review process into consideration when developing their work plan. Please see Section J of the Call Order for the most updated explanation of MCC’s EMC review process.

E.2. Quality Control Plan

The contractor shall have in place and maintain a Quality Assurance/Quality Control Plan (QA/QC) that covers, as a minimum, how the contractor intends to meet the requirements of all performance objectives, monitor and proactively manage contract requirements. It shall also include the mechanism by which MCC will be notified of performance-related incidents that are likely to affect quality of service.

(End of SECTION E)

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 11

SECTION F – DELIVERIES OR PERFORMANCE

F.1. Period of Performance

The overall anticipated period of performance of this Blanket Purchase Agreement is as follows:

Base Period: Five (5) years from Award of Blanket Purchase Agreement

(End of SECTION F)

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 12

SECTION G – CONTRACT ADMINISTRATION DATA

G.1. MCC 52.201-70 Contracting Officer’s Representative (COR) and/or Project Monitor (PM) (JULY

2012)

(a) The Contracting Officer may designate a Government representative to act as the Contracting Officer's Representative

(COR) or Project Monitor (PM) to perform functions under the contract such as review and/or inspection and acceptance of supplies, services, including construction, and other functions of a technical nature. The Contracting Officer will provide a written notice of such designation to the COR and/or PM and the Contractor. The designation letters will set forth the authorities and limitations of the COR and/or PM under the contract.

(b) Modifications to this contract are effective only if reduced to writing and executed by the Contracting Officer. The

Contractor is specifically prohibited from performing any work that is outside the scope of this contract without the approval of the Contracting Officer. The Contracting Officer cannot authorize the COR or any other representative to sign documents (i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

G.2. MCC 52.232-70 Invoice Instructions (MCC CUSTOM)

Invoices should be submitted within one month of the end of the invoice period. Invoices shall be paid in accordance with the Prompt Payment Act, thirty days (30) following receipt of a proper invoice. The Contractor shall submit each invoice electronically via email or fax to the following:

Fax: 303.969.5151/7281 ATTN: MCC Payments, or

Email: MCC_Accounting_IBCDENVER@ibc.doi.gov, or

As an alternative to electronic submission of invoices, one copy of each invoice may be submitted to the following address:

Interior Business Center

M/S D-2773

7301 West Mansfield Avenue

Lakewood, CO 80235-2230

If it is determined that the amount billed is incorrect, the invoice may be revised by the Government, or the contractor may be required to submit a revised invoice.

To constitute a proper invoice, each invoice must include the following information and/or attached documentation:

(1) Name, address and telephone of the Contractor

(2) Date of invoice and invoice number

(3) Contract number (including task order or call number and contract line item(s)) also modification number, if applicable

(4) Description (quantity, unit of measure, unit price, and extended price) of the supplies/services rendered (including hours incurred and billing rate, as applicable to the contract)

(5) A schedule depicting the following information:

Amount Invoiced

This Period

Cumulative Amount

Invoiced

Authorized Value of

Contract

Balance Remaining on

Contract mailto:MCC_Accounting_IBCDENVER@ibc.doi.gov

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 13

If the contractor is billing for costs incurred over more than a single month, the costs for each month in which the costs were incurred and shall be segregated into the month they were actually incurred.

(6) Name of Contracting Officer’s Representative (COR); and

(7) Signature of authorized representative of the firm with the following invoice certification:

“The undersigned hereby certifies to the best of my knowledge and belief that: the sum claimed under this contract is proper and due, and all the costs of contract performance have been paid, or to the extent allowed under the applicable payment clause, will be paid by the Contractor when due in the ordinary course of business; the work reflected by these costs has been performed, and amounts involved are consistent with the requirements of this Contract.

BY:______________________________________

TITLE:___________________________________

DATE: ___________________________________

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

MCC_Accounting_IBCDENVER@ibc.doi.gov.

(End of SECTION G) mailto:MCC_Accounting_IBCDENVER@ibc.doi.gov

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1. MCC 52.203-70 Contractor Non-Disclosure Agreement (MAY 2017)

All contractor employees or independent contractors engaged in this contract shall provide a non-disclosure agreement as follows signed by the individual contractor/consultant and, if a contractor employee, by the contractor’s contract administrator:

NON-DISCLOSURE AGREEMENT

I, _(contractor employee’s name)_ do solemnly swear (or affirm) that I will not divulge any information, whether obtained orally or in writing from, or data maintained by the Millennium Challenge Corporation (MCC) to any unauthorized person for any purpose. I will not directly or indirectly use, or allow the use of Confidential Information for any other purpose other than that directly associated with my officially assigned duties for MCC.

Further, I will not directly or indirectly reveal or cause to be revealed the nature or content of any (Confidential

Information), except to authorized personnel.

I am aware that the unauthorized use of information may be a violation of law and this Agreement.

Company or Subcontractor

Understand that authorized persons refer only to persons assigned to a project requiring access to Confidential

Information or directly in the line of management over the project requiring access to the data.

[Signatory]

Contract Administrator Date

H.2. MCC 52.204-70 Security Requirements for Contractor Personnel (MAY 2013)

Contractor employees and/or subcontractor personnel, while on MCC premises, shall be subject to and abide by all safety and security regulations of the MCC and shall be required to meet the same personnel security background requirements as MCC employees as outlined in MCC policies and procedures, including MCC’s Background Investigations and

Clearances (Security Clearances and Facility Access Clearances) for Federal Employment, Contract Service and/or Volunteer Service at the Millennium Challenge Corporation (MCC’s Background Investigations and Clearance policy).

A. Contractor Personnel Facility Access Requirements (including offsite MCCNet access)

Contractor candidates hired to work under contracts awarded by MCC and require access to MCC Headquarters, MCCNet, Sensitive But Unclassified (SBU), Foreign Government Information (FGI) or other MCC-Sensitive information must be U.S. citizens or have Permanent Resident Status in the U.S. Contractor candidates will undergo a background investigation for a facility access clearance (a.k.a. a “favorable suitability” determination per MCC’s Background

Investigations and Clearance policy. The screening will determine the candidate’s suitability and fitness for work under

MCC contracts. The background investigation will consist of a National Agency Checks with Law and Credit (NACLC) for a Moderate Risk Public Trust (MRPT) position and fingerprint imaging to be reported to FBI national databases and reported to MCC’s Security & Office Services-Security Office (MCC/Security).

file:///C:/Documents%20and%20Settings/hamletjc/Local%20Settings/Temporary%20Internet%20Files/Content.Outlook/IAYKOVAV/Non-Disclosure%20Agreement%20Short%20Form.docx%23TOC

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 15

For contract positions with and in support of an MRPT position, a non-U.S. citizen foreign national (FN) who has

Permanent Resident Status in the U.S. (a.k.a. holds a valid Alien Registration Card, commonly referred to as a “green card,” although the actual card is no longer green), the contractor candidate must have been residing, working and/or attending school in the U.S. for the last two (2), preferably three (3), years in order for a meaningful background investigation to be conducted and the contractor candidate will be required to report all residences, work venues and/or school registrations for the last seven (7) years. Processing a MRPT background investigation for a foreign national with

Permanent Resident Status may require waiting for receipt of a final Report of Investigation, at the discretion of

MCC/Security, which might take up to 120 days after the candidate’s reviewed background submission is released by

MCC/Security for assignment to an investigator.

MCC/Security can only make a determination of a contractor candidate’s eligibility to meet facility access clearance requirements when the candidate completes an on-line Questionnaire for Public Trust Positions (SF-85P) and

Supplemental Questionnaire for Public Trust Positions (SF-85PS) via OPM’s electronic Questionnaire for Investigations

Processing (e-QIP) which MCC/Security initiates and e-mails instructions to the candidate.

Contractor is required to have all affected personnel execute appropriate security forms, starting with MCC/Security’s

Personal Information Request Form (which must be completed, signed by the candidate and faxed to MCC/Security at

202-521-3590) as well as theSF85P/SF-85PS, related signature releases and supplemental forms and submit to fingerprint imaging) as well as the SF-85P/SF-85PS, signature releases and supplemental forms and submit to fingerprint imaging) to MCC/ Security within seven (7) days after MCC/Security e-mail request is sent before a determination will be made with regard to the contractor candidate’s access to MCC Headquarters or overseas RCD offices and/or MCCNet is approved. Contractor candidates may be permitted to work under the contract while the background investigation is being conducted at the discretion of MCC/Security. MCC/Security will provide the necessary background investigations forms

– which must be submitted via OPM’s on-line system – to each contractor candidate, whose Privacy Act protected rights will be protected in that details regarding a negative determination with regard to suitability will only be revealed to the individual contractor candidate by MCC/Security. (Also see “Contract Award” below.)

Contractor candidates for whom unfavorable or derogatory information is developed and/or reported during the background investigation process will be presented to the contractor candidate by MCC/Security and offered an opportunity to refute, explain, clarify or mitigate the information in question. If an ineligibility determination is made by

MCC/Security, the contractor candidate will be ineligible to further render services under the contract and access to MCC headquarters and/or any overseas MCC/Resident Country Director offices and/or MCCNet will be immediately terminated if the contractor candidate has been permitted to work in advance of completion of his/her background investigation

The initial ineligibility decision will be communicated by the MCC/Security through the contracting officer and COR to the contractor. The specific reasons for the ineligibility determination will be made available only to the affected contractor candidate directly by MCC/Security.

MCC/Security will follow USG-wide reciprocity mandate per The Intelligence Reform and Terrorism Prevention Act

(IRTPA) of 2004, Title III, Sec. 3001 (12/06/2004) and may accept, via reciprocity, a previous investigation meeting or exceeding the MCC required investigation standard (NACLC and fingerprinting) and a related adjudication for a clearance meeting or exceeding the MCC-required clearance. Per IRTPA, the investigation must have been completed within the previous two calendar years. Contractor candidates may be required to submit updated security forms.

MCC/Security’s decision to grant a facility access clearance to a contractor candidate will be communicated via the

STARS SharePoint New Hires database and CGM will communicate the requirement for each contractor candidate to the contractor for attend MCC’s Orientation Program, which takes place on alternating Mondays at the start of each pay period. All contractor candidates who require on-site facility access and/or MCCNet access are required to attend MCC’s

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 16

Orientation Program which includes a Security Briefing, a badging appointment and an IT Briefing. After attending

MCC’s Orientation Program, MCC/Security will issue an HSPD-12 compliant MCC Photo ID Badge which will permit the contractor candidate with physical site access to MCC headquarters and will indicate on the face of the badge, the contractor candidate’s status as a contractor who does not have access to national security classified information.

B. Contract Employees Not Requiring Facility, MCCNet, or Sensitive Information Access

Contractor candidates hired to work under contracts awarded by MCC who do not require access to MCC Headquarters are preferred to be U.S. citizens or have Permanent Resident Status in the U.S. Employment of any foreign national (FN) working within the U.S. must have been lawfully admitted into the U.S. in accordance with immigration laws with eligibility to work within the U.S. Employment of a FN by MCC outside of the U.S. is subject to applicable security and legal requirements established by the Chief of Mission (a.k.a. Ambassador of the U.S. to the foreign country where the non-U.S. citizen FN will be engaged as an MCC contractor) and the U.S. Department of Treasury. Each Chief of Mission is selected by the Secretary of State at the U.S. Department of State in consultation with The White House Office of

Presidential Personnel.

The contractor must provide to MCC/Security the full name, date of birth, place of birth, social security number (except for FN contractors not issued a social security number), home address, work telephone number and a home and/or personal cell telephone number via fax submission of MCC/Security’s Personal Information Request Form.

MCC/Security will use a contractor candidate’s Privacy Act protected Personally Identifiable Information (PII) to screen each contractor candidate through various government databases to determine their suitability and fitness for work under

MCC contracts. Additional forms and background information may be requested to verify each contractor candidate’s suitability. Contractor personnel may be permitted, at the discretion of MCC/Security, work under the contract while the background investigation is being conducted.

Contractor candidates on whom unfavorable, derogatory or questionable information has been developed will be given an opportunity to refute, explain, clarify or mitigate the information with MCC/Security. If an ineligibility determination is made by MCC/Security, the contractor candidate will be ineligible to further render services under the contract.

The ineligibility determination will be communicated by MCC/Security through the contracting officer and COR to the contractor. The specific reasons for the ineligibility determination will be made available only to the affected individual directly by MCC/Security.

C. Personal Services Contractor Security Clearance Requirements

The number of Personal Services Contractors (PSCs) cleared for access to national security classified information will be limited only to those PSCs encumbering a Full-Time Equivalent (FTE) Federal employee position, based on operational needs requiring the specific PSC to access national security classified information or systems in consultation with MCC’s

Human Resources Division and only with approval of the Vice President, Department of Administration & Finance. The level of access approved will relate directly to the level of national security classified information (secret = noncritical-sensitive FTE position or top secret = critical-sensitive FTE position) the PSC candidate requires in order to perform their official USG functions.

1. Personal Service Contractors (PSC). MCC/Security is responsible for investigation and clearance actions associated with PSC candidates who are directly compensated by MCC. MCC/Security will process the appropriate level of background investigations and grant appropriate level security clearances for all PSCs where MCC makes payment directly to the individual. The level of background investigation and clearance (secret = noncritical-sensitive or top secret

= critical-sensitive) granted will be based on the duties to be performed by the PSC as compared with the position of an

MCC Federal employee in a similar position.

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PSC candidates will be required to execute background investigation forms, starting with MCC/Security’s Personal

Information Request Form (which must be completed, signed by the candidate and faxed to MCC/Security at 202-521-

3590) as well as a Questionnaire for National Security Positions (SF-86), signature releases and supplemental forms and submit to fingerprint imaging to be reported and reviewed by FBI national databases) and submit to MCC/Security before access to the facility or MCCNet is approved. PSC candidates may be permitted to work, at the discretion of

MCC/Security, under the contract while the background investigation is being conducted. MCC/Security will provide the necessary forms to the contractor candidate, will process the background investigation and grant, if interim name checks, credit check and fingerprint report permit, an interim secret-level security clearance and will adjudicate the PSC candidate’s final security clearance within twenty (20) days of receipt of the PSC candidate’s Report of Investigation

(ROI).

Being granted either an interim and/or final security clearance (the latter of which may be granted via reciprocity, per

IRTPA, if the PSC candidate has already been investigated and granted a security clearance by another Federal agency) require each PSC candidate to attend an MCC/Security Clearance Briefing and signature on a Classified Information

Nondisclosure Agreement (SF-312) before MCC/Security will grant the PSC candidate a security clearance.

MCC/Security’s decision to grant an interim or final security clearance to a PSC candidate will be communicated via the

STARS SharePoint New Hires database and CGM will communicate the requirement for each PSC candidate to attend

MCC’s Orientation Program, which takes place on alternating Mondays at the start of each pay period. All PSC candidates who require on-site facility access and/or MCCNet access are required to attend MCC’s Orientation Program which includes a Security Briefing, a badging appointment and an IT Briefing. After attending MCC’s Orientation

Program, MCC/Security will issue an HSPD-12 compliant MCC Photo ID Badge which will permit the PSC candidate with physical site access to MCC headquarters and will indicate on the face of the badge, the PSC candidate’s status and level of security clearance granted.

2. Secure Contract Classification. Classified contracts, grants, and cooperative agreements with organizations must comply with the National Industrial Security Program (NISP). Under the provisions of NISP, the Defense Security

Service (DSS) will investigate and adjudicate security clearances required for contractor employees to have access to classified information. Organizations (contractors and recipients) and their employees not currently participating in NISP which much conduct classified business with MCC must be sponsored by MCC, another agency, or by company that has been previously cleared. Once the secure contract is awarded, MCC Contracting Officer, in consultation with

MCC/Security, will be responsible for completing the Department of Defense Contract Security Classification

Specification, DD Form 254.

D. Exceptions to Investigations Requirements

Contractor candidates are exempt from investigative requirements when working in temporary Low Risk Public Trust

(LRPT) positions that are intermittent and when not working on an MCC contract in excess of 180 days in either a single continuous assignment or a series of assignments within a 365 day period. LRPT positions involve duties and responsibilities of limited impact on an agency or program mission, with potential for limited impact on the efficiency of the service. Persons occupying these positions will not have unescorted access to the Department of State or its

Embassies, Sensitive But Unclassified, Foreign Government Information, MCC-Sensitive information, or require logon access to MCC’s computer information network.

Contractor candidates are exempt from investigative requirements when working in a part-time Moderate Risk Public

Trust (MRPT) position, as defined in Section 4.18.2 of MCC’s Background Investigations and Clearances policy:

Moderate Risk Public Trust (MRPT) Position - Public trust positions in which an incumbent has the potential to have a moderate to serious impact on the integrity and efficiency of the service. Duties involved

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 18 are considerably important to the agency or program mission with significant program responsibility or delivery of service. Positions include assistants to policy development and implementation; mid-level management duties or assignments; any position with responsibility for independent or semi-independent action; and delivery of service positions that demand public confidence or trust. At this time, MCC staffing of contractor and intern positions are all MRPT positions.

In addition, no part-time MCC MRPT contractor positions may exceed an aggregate of 1,200 hours within a 365 day period in either a single continuous appointment or series of appointments. If a contractor has not been investigated and has not been granted a facility access clearance by MCC/Security and the contractor’s compensated hours approach 1,150 within a 365 day period, the contractor’s hours must be closely monitored by contracting officer and COR so as not to exceed 1,200 hours. MCC will not be required to compensate any individual who has not been investigated and who has not been granted a clearance by MCC/Security for hours in excess of 1,200 hours. If work is required in excess of 1,200 hours, the work assignment must be re-advertised and all candidates must re-compete for any additional assignments not to exceed 1,200 hours within another 365 day period.

E. Issuing MCC Access Badges

A Homeland Security Presidential Directive-12 (HSPD-12) compliant MCC Photo ID Badge Federal credential (badge) will be issued to contractors, Personal Services Contractors and Personal Services Contractor-FTEs with a permanent duty station assignment at MCC Headquarters or at an overseas MCC/Resident Country Director Office. Requirements before being issued a badge include submission of required background investigation forms for processing a facility access for a contractor of PSC or a security clearance for a PSC and mandatory attendance at an MCC Orientation Program/Security

Briefing which are scheduled on the first business day of the pay period and alternate weeks as determined by MCC’s

Human Resources Division, and are generally held from 8:45 to 10:00 am, immediately followed by an IT Briefing. In addition, all PSCs whose position has been determined as one which requires access to classified information and whose investigation is sufficient to meet that requirement must attend an MCC/Security Clearance Briefing prior to being granted a security clearance and issued a badge. Due to HSPD-12, visitor badges are no longer available and all newly hired contractors, and PSC-s will require assistance from co-workers until their badge is issued by MCC/Security.

Contractors and PSCs who have undergone a background investigation (or who are in the process of undergoing a background investigation) and who are U.S. citizens may be eligible for 24/7 access to MCC headquarters. All non-U.S.

citizen foreign nationals, who hold Permanent Resident Status, who have undergone a background investigation (or who are in the process of undergoing a background investigation) will only be provided unescorted access during regular business hours (Monday through Friday, 7:30 am to 6:30 pm, excluding Federal holidays and other U.S. government closings).

Contractor and PSC candidates who have not submitted the required background investigation forms and attended the required MCC/Security Briefing(s) will not be issued a badge nor building access cards and their access to MCC headquarters will require them to have an appointment which is documented in MCC’s Workspeed Access Control

System and must be escorted at all times while in MCC headquarters.

F. Work Performance

The contractor shall prescreen all candidates covered under this clause to ensure they initially possess the necessary investigative and clearance requirements. In addition, the contractor is responsible to periodically, at least annually, review their employees’ clearance status to ensure that nothing has occurred which may negatively impact their employees’ eligibility for a clearance.

Unless otherwise provided herein in no event will the need to process background investigations and clearances (including physical on-site access at MCC facilities) from MCC/Security be considered an excusable delay under the contract. In

Cabo Verde Roads Evaluation and Mongolia Roads Evaluation Page 19 addition, the need to replace contract personnel determined by the MCC/Security to be ineligible will not be considered an excusable delay.

Failure to comply with the contractor personnel background investigation and clearance requirements herein may result in termination of the contract for default.

G. Contract Award

Within two (2) business days after notice of award from the contracting officer, contractor shall provide a list of all contractor candidates (and subcontractor candidates) working under the contract (unless otherwise stated in the contract) including the information and documentation required herein. This requirement does not include clerical or administrative support staff (unless otherwise stated in the contract).

The list shall include individual’s full name, work and home addresses, work and personal e-mail addresses, work and personal telephone numbers and personal cell telephone numbers. This list shall state and justify the level of access each contractor candidate will require; that is, MCC facility access, access to non-classified sensitive information, MCCNet access, or no access privileges. In addition, the contractor will provide a central point-of-contact regarding background investigation and clearance issues. If the contractor has documentation which evidences an individual contractor candidate’s previous/current background investigation and/or clearance status, the contractor will provide the individual contractor candidate’s PII and investigations/clearance status to MCC/Security via fax to 202-521-3590 in the form of a

Visit Letter. Upon a request from the contractor, a sample Visit Letter template will be made available to a contractor via e-mail from MCC/Security. The contracting officer will ensure that a STARS Sharepoint New Hires entry is made for each contractor candidate to ensure that MCC/Security is aware of future on-boarding of each contractor candidate. The contracting officer or COR is responsible to provide MCC/Security’s Personal Information Request Form to the contractor with instructions to have each contractor candidate complete, sign and fax to MCC/Security at 202-521-3590 so that their background investigation and clearance process can begin. All involved should be cautioned that the completed and signed Personal Information Request Form not be scanned/e-mailed to anyone at MCC. Once the Personal Information

Request Form has been provided to the contractor and/or contractor candidate, it is the contractor’s responsibility to assure that the Personal Information Request Form is faxed to MCC/Security at 202-521-3590 within three (3) business days. Once the Personal Information Request Form is received by MCC/Security, the individual contractor candidate’s eligibility for a clearance will be determined within three (3) business days. If a contractor candidate does not have a previous background investigation and clearance, MCC/Security will initiate an e-QIP and e-mail instructions to the contractor candidate to complete the investigative requirements (including fingerprinting) within seven (7) calendar days.

H.3. MCC 52.209-70 Organizational Conflicts of Interest: Preclusion from Implementation Contract

(JULY 2012)

Work under this contract may call for the Contractor to furnish important services in support of the design or feasibility of specific activities that may become part of a Millennium Challenge Corporation (MCC) Compact. In accordance with the principles of FAR Subpart 9.5, THE CONTRACTOR MAY BE INELIGIBLE TO FURNISH, AS A PRIME OR

SUBCONTRACTOR OR OTHERWISE; THE IMPLEMENTATION SERVICES FOR ANY ACTIVITIES FOR

WHICH IT PROVIDES SUBSTANTIAL DESIGN SERVICES EXCEPT FOR SUCH SERVICES THAT MAY BE

FURNISHED UNDER THIS CONTRACT. If a determination is made that the contractor is ineligible for implementation services, the MCC Managing Director of Contracts and Grants Management may authorize a waiver (in accordance with

FAR 9.503) if the Director determines that preclusion of the Contractor from the implementation contract would not be in the Government’s best interest.

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H.4. MCC 52.232-72 Limitation of Funds – Incrementally Funded Contracts (NOV 2006)

(a) Of the total price in Section B (or the “Prices” section), only the amount stated on the contract award document or subsequent modifications is now available for payment and obligated under this contract. It is anticipated that from time to time, additional funds will be obligated under the contract until the total price of the contract is obligated.

(b) The Government is not obligated to pay or reimburse the contractor more than the amount obligated pursuant to this clause. The contractor agrees to perform the contract up to the point at which the total amount paid and payable by the

Government (including amounts payable for subcontracts and settlement costs if this contract is terminated for convenience) approximates but does…