RFQ 95332422Q0040_Suspension and Debarment Consultant.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

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

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

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

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

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

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print)

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

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)

ECONOMICALLY

DISADVANTAGED

WOMEN-OWNED SMALL

BUSINESS (EDWOSB)

8 (A)

NAICS:

SIZE STANDARD:

Regina E. Maxwell Contracting Officer 05/12/2022

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

95332422Q0040

TABLE OF CONTENTS:

Listing of Incorporated Purchase Requisitions Section B - Supplies or Services and Prices/Costs Section C - Description/Specifications/Work Statement Section D - Packaging and Marking Section E - Inspection and Acceptance Terms Section F - Delivery or Performance Section G - Contract Administration Data Section H - Special Contract Requirements Section I - Contract Clauses Section J - List of Documents, Exhibits, and other Attachments Section K - Representations, Certifications, and Other Statements of Offerors Section L - Instructions, Conditions and Notices to Offerors Section M - Evaluation Factors for Award

Listing of Incorporated Purchase Requisitions

Incorporated Purchase Requisition Numbers:

Section B - Supplies or Services and Prices/Costs

Item Number Base Item Number

Supplies/Services Quantity Unit

0001 Suspension and Debarment Consultant

1 LT

Contract Type:Time and Materials Unit Price

Other Direct Costs Extended Price

Description:

Suspension and Debarment Consultant (Labor and Other Direct Costs)

Purchase Requisitions

IDC Type: Not Applicable

Supplies/Services Quantity Unit

1001 Suspension and Debarment Consultant

1 LT

Contract Type:Time and Materials Unit Price

Other Direct Costs Extended Price

Description:

Suspension and Debarment Consultant (Labor and Other Direct Costs)

Purchase Requisitions

Option:

Option Time Date: 2/1/23 Option Time Duration: 364 Option Time Units: Days

Supplies/Services Quantity Unit

2001 Suspension and Debarment Consultant

1 LT

Contract Type:Time and Materials Unit Price

Other Direct Costs Extended Price

Description:

Suspension and Debarment Consultant (Labor and Other Direct Costs)

Purchase Requisitions

Option:

Option Time Date: 2/1/24 Option Time Duration: 365

Supplies/Services Quantity Unit

3001 Suspension and Debarment Consultant

1 LT

Contract Type:Time and Materials Unit Price

Other Direct Costs Extended Price

Description:

Suspension and Debarment Consultant (Labor and Other Direct Costs)

Purchase Requisitions

Option:

Option Time Date: 2/1/25 Option Time Duration: 364

Supplies/Services Quantity Unit

4001 Suspension and Debarment Consultant

1 LT

Contract Type:Time and Materials Unit Price

Other Direct Costs Extended Price

Description:

Suspension and Debarment Consultant (Labor and Other Direct Costs)

Purchase Requisitions

Option:

Option Time Date: 2/1/26 Option Time Duration: 364

Clauses incorporated by reference

None

Clauses incorporated by full text

52.216-1 52.216-1 Type of Contract (APR 1984) The Government contemplates award of a Time and Materials (T&M) contract resulting from this solicitation.

(End of provision)

B.1. Funding Type

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

B.2 Limitation of Funds - Incrementally Funded Contracts

In accordance with clause MCC 52.232-72, "Limitation of Funds – Incrementally Funded Contracts," funds in the amount of [TBD] have been allotted to this contract. It is contemplated that funds now obligated under this contract will cover the work to be performed until [TBD]. If the contractor considers the funds obligated under this contract to be insufficient to cover the work to be performed until the date specified herein, or another date agreed to by the parties, the contractor shall notify the contracting officer in writing and indicate the date on which it expects expended funds to approximate 75 percent of the total amount obligated. The notice shall state the estimated amount of additional funds required to continue performance through the date for which incremental funds are provided.

The Contractor shall not perform work on the contract which exceeds the total amount actually allotted by the Government to the contract. The Government is not obligated to reimburse the Contractor for costs incurred in excess of the total amount allotted by the Government to this contract. The contractor assumes the risk for any increased costs beyond what the Government obligates.

B.3. Labor Rates and Other Direct Costs (ODCs)

Labor rates at the inception of a contract period will carry through as "fixed-price" without adjustment for the life of that contract period.

Hours by labor category and pricing under ODCs are estimates only and may be increased/decreased as necessary for successful completion of the contract requirements and as approved by the COR/PM. However, the contractor's expenditures at any given point shall not exceed the total obligated amount or the total ceiling price for this contract as specified below.

Using the template below, Offerors must include all proposed labor categories, fully-burdened hourly rates and Other Direct

Costs (ODCs) for each contract period identified in B.1.

PRICING SUMMARY PER CONTRACT PERIOD

Base Option 1 Option 2 Option 3 Option 4 TOTAL

Total Labor Hours $ - $ - $ - $ - $ - $ -

Total Labor Costs $ - $ - $ - $ - $ - $ -

Total ODCs $ - $ - $ - $ - $ - $ -

Total Est. Cost $ - $ - $ - $ - $ - $ -

Base Period – Period of Performance TBD (est. 6 months)

Item # Description(1) U/I Qty Rate Total

LABOR

0001 Suspension & Debarment Consultant hr.

hr.

Total Labor Hours - -

Labor Sub-Total

ODCs(2)

0001 Other Direct Costs

ODC Sub-Total

Total Estimated Value (Base Period)(2)

Option Period 1 – Period of Performance TBD (est. 12 months)

Item # Description(1) U/I Qty Rate Total

LABOR

1001 Suspension & Debarment Consultant hr.

hr.

Total Labor Hours - -

Labor Sub-Total

ODCs(2)

1001 Other Direct Costs

ODC Sub-Total

Total Estimated Value (Option Period 1) (2)

Option Period 2 – Period of Performance TBD (est. 12 months)

Item # Description(1) U/I Qty Rate Total

LABOR

2001 Suspension & Debarment Consultant hr.

hr.

Total Labor Hours - -

Labor Sub-Total

ODCs(2)

2001 Other Direct Costs

ODC Sub-Total

Total Estimated Value (Option Period 2) (2)

Option Period 3 – Period of Performance TBD (est. 12 months)

Item # Description(1) U/I Qty Rate Total

LABOR

3001 Suspension & Debarment Consultant hr.

hr.

Total Labor Hours - -

Labor Sub-Total

ODCs(2)

3001 Other Direct Costs

ODC Sub-Total

Total Estimated Value (Option Period 3) (2)

Option Period 4 – Period of Performance TBD (est. 12 months)

Item # Description(1) U/I Qty Rate Total

LABOR

4001 Suspension & Debarment Consultant hr.

hr.

Total Labor Hours - -

Labor Sub-Total

ODCs(2)

4001 Other Direct Costs

ODC Sub-Total

Total Estimated Value (Option Period 4) (2)

TOTAL COST SUMMARY

Description(1) U/I Qty Rate Total

LABOR

Suspension & Debarment Consultant hr.

hr.

Total Labor Hours - -

Labor Sub-Total

ODCs(1)

Other Direct Costs

ODC Sub-Total

Total Estimated Cost (2)

NOTE (1): A job description shall be included for the labor category proposed. The job description must identify essential and non-essential tasks that are assigned to the position. It must also identify reporting relationships and shall also describe required qualifications, minimum requirements, working conditions and desirable qualifications.

PLEASE NOTE THE FOLLOWING:

NOTE (2): MCC anticipates approximately $170,000 to be spent on Direct Labor and Other Direct Costs for the base period and all four (4) one-year option periods. However, if you believe the approximate $170,000 for direct labor and Other Direct Costs is inadequate, please advise during the Question-and-Answer period of the solicitation.

Section C - Description/Specifications/Work Statement

SECTION C -. SUSPENSION AND DEBARMENT CONSULTANT SOW

C.1 INTRODUCTION

C.1.1 The Millennium Challenge Corporation (MCC) is a United States Government (USG) Corporation created under the Millennium Challenge Act of 2003. MCC's mission is to reduce poverty through sustainable economic growth in carefully and competitively selected developing countries that demonstrate a commitment to good governance, economic freedom, and investments in their people. MCC provides grants to foreign governments through "Compact Agreements" or "Threshold Agreements" that describe the program that is to be funded. The foreign governments normally then establish an "Accountable Entity" that is designated to exercise and perform the foreign government's right and obligations to oversee, manage, and implement the program, including without limitation, managing the implementation of the program activities, allocating resources, managing procurements, and binding the foreign government with regard to all program activities. These entities are typically referred to as an Millennium Challenge Account (MCA) and are typically named MCA-Mongolia, MCA-Nepal, etc.

C. 1.2 MCC uses primarily acquisition (contracts) or assistance (compact or threshold program agreement) instruments to establish a funding relationship with a contractor or funding recipient. MCC conducts acquisitions under the Federal Acquisition Regulation (FAR). Assistance operates under the compact and threshold program agreements. Procurements conducted by MCAs are governed by MCC's Program Procurement Guidelines (PPGs), which are available on MCC's website. Grants awarded by MCAs are governed by MCC's Program Grant Guidelines (PGG), also available on MCC's website, or manuals, policies, and procedures specific to the grant program in question where the grant program was launched prior to the release of the PGG. Use of MCC funding under MCC's compact and threshold programs, including all contracts and grants issued by MCAs, must be in compliance with MCC's Cost Principles for Government Affiliates.

C.1.3 MCC has a fiduciary interest in ensuring that granted funds and funds that it uses itself are not tainted by fraud, waste, or abuse, and that contract and grant awards by both MCC and the MCAs are made to entities and individuals that are presently responsible - that is, whether they have the capability, integrity, and management to properly manage federal funds. MCC has a Policy on Detecting, Preventing, and Remediating Fraud and Corruption in MCC Operations (the AFC Policy, found at https://www.mcc.gov/resources/doc/policy-fraud-and-corruption), which states in 6(b)2(b):

"Sanctions, in the event that fraudulent or corrupt practices are detected, may include: … (ii) Administrative measures such as temporary or permanent ineligibility, removal from competition in a procurement activity, assignment of an adverse performance rating, withholding of MCC disbursements for payments on affected contracts, and other similar actions…."

C.1.4 MCC intends to establish and implement a process, in accordance with the United States Government's (USG) processes for suspension/debarment actions, that will provide deliberative and fair adjudication. Further, emphasizing due process and alternative dispute resolution tools, in cases where entities or individuals receiving MCC funding through contracts or grants from MCC or from MCAs appear to lack present responsibility to be recipients of United States government funding.

The process will include the potential for suspension and debarment – administrative remedies that exclude entities and individuals from being eligible for all USG funded procurements– of entities and individuals that are determined to be not presently responsible based on their actions. MCC expects that most cases being considered for suspension and debarment would come from referrals for present responsibility determinations or other referrals provided by the U.S. Agency for International Development Office of Inspector General (OIG), which, by statute, is responsible for providing independent oversight over MCC programming and operations. However, MCC may also initiate its own cases for referral into the suspension and debarment process.

C.2 SCOPE

C.2. 1 The contractor, which can be either an independent consultant (i.e. sole proprietor) or a consulting firm.

The contractor will be expected to review and advise on MCC's efforts to establish a suspension and debarment process. In conducting this analysis, the contractor will rely on their knowledge of the FAR, of the non-procurement rule (2 CFR 180), and of MCC's Program Grant Guidelines, in addition to consulting other relevant resources and offices internally at MCC and at other U.S. Government agencies, including through the Interagency Suspension and Debarment Committee (ISDC). The contractor will also research and gather all relevant and pertinent information to support the analysis, findings, and recommendations. In addition, the contractor will support MCC's suspension and debarment process once it is established, reviewing information and providing advice related to the determination of present responsibility of entities and individuals, as MCC's Office of General Counsel (OGC) recommends appropriate administrative remedies to MCC's Suspension and Debarment Official (SDO).

C.3 TASKS

C.3.1 The contractor will provide comments on MCC's draft suspension and debarment policies and procedures.

C.3.2 Support Services: The Contractor will provide the following services:

• Provide MCC with a general estimate of the likely time required to review referral documentation, to allow MCC to decide on appropriate administration action in response to the referral, to include suspension/debarment actions or administrative agreements.

• Conduct an initial review of the referral documentation and inform MCC whether additional information or documentation would be required to complete the review.

• Provide a draft of initial consideration document to the relevant MCC staff.

• Assist in consulting with MCC and MCA staff and other entities or individuals as required to prepare, with relevant MCC staff, a recommendation for the SDO, considering all appropriate mitigating facts and factors.

• Advise MCC when no action is recommended on a referral, for instance when there is insufficient evidence, the information is stale, or the use of suspension or debarment is not the appropriate administrative remedy.

• Draft an action memorandum summarizing the review and providing the basis for a recommendation for the actions that MCC should take in reference to each referral for which an action is recommended, as well as all relevant documentation that MCC would require for its administrative record (the documents that form the basis for the SDO's decision and includes any information, reports, documents, or other evidence identified and relied upon for the decision) that has not already been provided.

• Ensure the completeness of files and documentation associated with suspension and debarment considerations.

• Request additional documents and research applicable regulations, policy, and case law, as needed.

• Provide MCC with advice on correspondence and preparations for meetings with respondents (entities and individuals against whom a suspension or debarment related action has been initiated), including without limitation requests for information, show cause letters, and respondents' responses to exclusionary action.

• Assist staff in MCC's OGC in reviewing and clearing for legal sufficiency on all suspensions, proposed debarments, other final actions, show cause and request for information notices, and administrative and voluntary exclusion agreements.

• Assist in coordinating suspension or debarment related actions with the ISDC and the OIG (particularly in order to deconflict such action with ongoing parallel proceedings).

• Assist in entering exclusion information into the USG's System for Award Management at www.sam.gov.

• Assist in entering administrative and voluntary exclusion agreements into MCC's Contractor Past

Performance Reporting System and, as appropriate, the Federal Awardee Performance and Integrity Information System.

• Provide support in the event of litigation.

C.4 MINIMUM QUALIFICATIONS

The successful completion of the duties and responsibilities of this position is heavily dependent on the individual(s) assigned to the task. As such, the Suspension and Debarment Contractor must meet the following qualifications:

C.4.1 – Education

Mandatory Qualifications:

• A 4-year course of study leading to a bachelor's degree, that included or was supplemented by at least 24 semester hours in any combination of the following fields:

o Accounting;

o Business;

http://www.sam.gov o Finance;

o Law;

o Contracts;

o Purchasing;

o Economics;

o Industrial management;

o Marketing;

o Quantitative methods; or o Organization and management.

C.4.2 – EXPERIENCE

Mandatory Experience

• A minimum of five years of experience working in one of the following fields:

o Legal;

o Contracting;

o Grants;

o Compliance; or o Auditing.

• At least five years of experience dealing with suspension and debarment policies and procedures in U. S.

Government agencies required.

Preferred Qualifications:

• At least ten years of experience, working in one of the following fields:

o Legal;

o Contracting;

o Grants;

o Compliance; or o Auditing.

• Experience with suspension and debarment policies of international financial institutions or other donor agencies highly preferred.

C.4.3 - Skills & Abilities:

• Ability to provide clear and cogent expert analysis on compliance issues.

• Ability to make exceptional recommendations on courses of action on assistance appeals to MCC.

• Willingness and capability to provide advisory services to promote the mission.

C.4.4 – Clearance

• Must be eligible for a public trust clearance

C.5 RELATIONSHIPS AND RESPONSIBILITIES

The Contractor will report and submit all deliverables to the Suspension and Debarment Official. The Contractor is providing support services to MCC and is not an employee of MCC or the United States Government. As such, the Contractor will not speak on behalf of the USG or formally represent MCC and will not direct other contractors.

[[END OF SECTION C]

Section D - Packaging and Marking

D.1. Timing and Reporting

All formal communication with MCC, including reports, will be submitted to the COR. The COR for this requirement will be identified via separate correspondence.

The COR will have technical responsibility for monitoring the Contractor's Independent performance. The COR will review and evaluate the contractor's performance and will coordinate any communications with relevant counterparts and other donor agencies and organizations.

Any change in the terms of the Contract must be made in writing and approved by the Contracting Officer. No representation of the COR shall serve as a basis for an alteration in the general scope of this Contract or of the terms and conditions of the Contract unless confirmed in writing by the Contracting Officer. The Contractor must communicate with the Contracting Officer on all matters that pertain to the Contract terms. Proceeding with the work without proper contractual coverage could result in nonpayment for that work.

D.2. Marking of Deliverables

All deliverables shall be marked with the Contract Number 95332422CXXXX.

Section E - Inspection and Acceptance Terms

E.1. Inspection and Acceptance

Inspection and acceptance requirements are in accordance with FAR 52.212-4(a)/Alternate I, Contract Terms and Conditions

– Commercial Items (NOV 2021).

Section F - Delivery or Performance

Line Item: 0001 Period Of Performance Start Date Period Of Performance End Date Period Of Performance Address

8/1/22 1/31/23 MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

WASHINGTON DC

US 20005

Line Item: 1001

MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

Line Item: 2001

MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

Line Item: 3001

MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

Line Item: 4001

MCC Headquarters Millennium Challenge Corporation 1099 Fourteenth Street NW, Suite 700

F.1. DELIVERABLES

The contractor shall submit commentary to the draft suspension and debarment policies and procedures mentioned in Section C.3.1 above.

The contractor shall also prepare the documents mentioned in Section C.3.2 above as instructed by MCC personnel.

Ad hoc progress reports and updates to submitted reports are required upon request by the COR.

F.2 RELATIONSHIPS AND RESPONSIBILITIES

The Contractor will report and submit all deliverables to the Suspension and Debarment Official. The Contractor is providing support services to MCC and is not an employee of MCC or the United States Government. As such, the Contractor will not speak on behalf of the USG or formally represent MCC and will not direct other contractors.

F.3 PERIOD OF PERFORMANCE

The performance period shall be for a base period of six 6) months, plus four (4) one-year options to be individually exercised, for a maximum total of fifty-four (54) months.

F.4. .PLACE OF PERFORMANCE

The Contractor will be required to perform work in MCC eligible countries, at his or her home office and MCC's Washington, D.C. office.

F.5. ACCEPTANCE CRITERIA

The deliverables will be evaluated according to the following criteria:

• Thoroughness and timeliness in complying with all of the elements in the tasks specified.

• Quality and clarity of analyses and work produced.

• Timeliness and efficacy of communications with relevant counterparts at MCC, MCA, and other relevant organizations.

Section G - Contract Administration Data

Requesting Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550 Phone: 202-521-3698 Fax:

Contact Details:

WILLIAMS, CHRISTOPHER PAUL

williamscp@mcc.gov

Property Administration Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550 Phone: 202-521-3698 Fax:

Contact Details:

WILLIAMS, CHRISTOPHER PAUL

williamscp@mcc.gov

COR Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550 Phone: 202-521-3698 Fax:

Contact Details:

WILLIAMS, CHRISTOPHER PAUL

williamscp@mcc.gov

Issuing Office Address

MCC-HQ

Millennium Challenge Corporation Contracts and Grants Management Division 1099 Fourteenth St NW, Suite 700 Washington DC 20005-3550 Phone: 202-772-6578 Fax:

Contact Details:

Pemberton, Walter E pembertonwe@mcc.gov

MCC 52.201-70 CONTRACTING OFFICER'S REPRESENTATIVE (COR) AND/OR PROJECT MONITOR

(PM) (JULY 2012)

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

(b) Modifications to this contract are effective only if reduced to writing and executed by the Contracting Officer. The Contractor is specifically prohibited from performing any work that is outside the scope of this contract without the approval of the Contracting Officer. The Contracting Officer cannot authorize the COR or any other representative to sign documents

(i.e., contracts, contract modifications, etc.) that require the signature of the Contracting Officer.

(End of clause)

MCC 52.232-70 INVOICE INSTRUCTIONS (MAY 2017)

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

7301 West Mansfield Avenue

Lakewood, CO 80235-2230

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

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

(1) Name, address and telephone of the Contractor

(2) Date of invoice and invoice number

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

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

(5) A schedule depicting the following information:

Amount Invoiced

This Period

Cumulative Amount Invoiced Authorized Value of Contract Balance Remaining on Contract

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

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

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

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

mailto:MCC_Accounting_IBCDENVER@ibc.doi.gov mailto:MCC_Accounting_IBCDENVER@ibc.doi.gov

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.

Section H - Special Contract Requirements

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, _________ 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 _________, except to authorizedpersonnel.

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

MCC 52.204-70 SECURITY REQUIREMENTS FOR CONTRACTOR PERSONNEL - FEBRUARY 2019

A. Compliance with MCC Safety and Security Regulations at MCC Headquarters

1. Personal services contractors (PSCs) and contract employees including those working for subcontractors shall be subject to and abide by all MCC safety and security policy and procedures while on MCC premises, and satisfy applicable requirements for fitness to perform work for or on behalf of MCC, personnel security, and obtaining an MCC Photo Identification (ID) Badge.

2. MCC may impose applicable criminal, civil and/or administrative sanctions, including removal, suspension, termination or suspension of access to information, information systems, or MCC facilities, against any PSC or contractor employee who fails to adequately protect classified national security information or sensitive information, including such information designated as Controlled Unclassified Information, from unauthorized disclosure. The sanctions imposed are under the authority of the applicable laws, regulations, Government-wide and MCC policies.

B. PSC and Contract Employee Fitness and MCC Photo ID Badge Requirements

1. The following are requirements for a PSC or contractor employee who works under this contract and requires access to any of the following: MCC Headquarters, MCCNet, Sensitive But Unclassified (SBU), Foreign Government Information (FGI) or any other designated sensitive information (such as classified national security information and Controlled Unclassified Information under 32 CFR Part 2002).

a. Such an individual must be:

i. A U.S. citizen or have Permanent Resident Status in the U.S;

ii. Screened for fitness to work for or on behalf of MCC;

iii. Determined by MCC to be fit to work for or on behalf of MCC; and

iv. Determined eligible to be issued an MCC Photo Identification Badge.

b. In addition, if the individual is not a U.S. citizen for or in a position designated as moderate or high risk (i.e., a public trust position), the individual must have been residing, working and/or attending an educational institution in the U.S. for at least three, years.

c. MCC may allow such an individual to perform services under this contract based on: (1) a favorable suitability/fitness screening as an interim fitness determination, and (2) a favorable interim credentialing determination for issuance of an MCC Photo ID Badge, as applicable. An interim fitness determination does not satisfy requirement a. iii.) of this paragraph, and an interim credentialing determination does not satisfy requirement a. iv.) of this paragraph.

d. An investigation for an individual's fitness will be required to satisfy requirement a. iii.) except whenever the individual already has an investigation on file that meets the requirements for an investigation based on all applicable position designation(s) for the individual that satisfies/satisfy guidelines issued by the Suitability and Credentialing Executive Agent (SuitCredEA), the Security Executive Agent (SecEA) and the individual has been working for or on behalf of a Federal agency continuously for at least one year in one or more Federal positions or as a contractor employee that was/were subject to suitability or fitness investigation satisfying guidelines issued by the Suitability and Credential Executive Agent. However, no exception to the investigation requirement will be granted whenever MCC obtains new information in connection with the individuals that calls into question the individual's fitness under the criteria for suitability in 5 CFR 731.202. The investigation required will be based on position designation performed by MCC in accordance with 5 CFR 731 and 5 CFR 1400.

2. PSCs and contractor employees for or in public trust positions are subject to reinvestigation for fitness within the timeframe specified by the SuitCredEA.

3. A PSC or contractor employee whose position risk designation increases due to reassignment or change in job duties or responsibilities, is subject to the fitness investigation requirements for the higher risk position at the time the position designation is changed. If the position with the higher risk designation is the same one occupied by the individual, the individual may remain in the position while the investigation is being conducted; otherwise, the individual may not perform services under this contract in the new capacity until the requirements of B.1. of this clause are satisfied. Any upgrade in the investigation required for the new risk level will be initiated by MCC within 14 calendar days of the reassignment or change in job duties or responsibilities.

4. Fitness determinations will be made by MCC using the criteria and guidelines for making suitability determinations in 5 CFR 731.202 and related guidelines of the SuitCredEA. When no new investigation is required, MCC may determine an individual unfit when the investigative record on file for the individual shows conduct that is incompatible with the core duties of the relevant position by applying the criteria and guidelines referenced in this paragraph.

5. If a PSC or contractor employee develops one or more issues with respect to the criteria in 5 CFR 731.202 prior to any required investigation or reinvestigation, MCC may conduct an investigation at any time sufficient to resolve the issues and determine the individual's fitness to work for or on behalf of MCC.

6. Interim and final determinations on eligibility to be issued a MCC Photo ID Badge will be made by MCC based on the SuitCredEA's criteria in "Final Credentialing Standards for Issuing Personal Identity Verification Cards" or it latest successor.

7. Contractor, including any PSC, is required to have all affected personnel complete appropriate security forms, including a signed Personal Information Request Form (PIRF) and a signed form OF 306 Declaration for Federal Employment, which are to be signed and faxed to MCC DIS at 202-521-3590. Candidates for PSC positions must also include a copy of their resume in the fax transmission that includes the PIRF and OF 306. In addition, individuals subject to fitness investigation or reinvestigation must complete a Standard Form 85P or 85P-S (as specified by MCC Domestic and International Security (DIS)) and related signature releases, supplemental forms; and submit to fingerprint imaging within seven (7) days after receiving a DIS e-mail request for the documents. MCC DIS will provide the necessary forms, which must be submitted using an on-line system on the Internet. (Also see "Contract Award" below.)

8. MCC Photo ID Badges will only be issued to individuals determined eligible to be issued one and who attend a scheduled MCC Orientation Program and Security Briefing.

9. Whenever MCC determines an individual is unfit or ineligible to be issued a MCC Photo ID Badge, the Contracting Officer (CO) or CO's Representative (COR) will notify the contractor's contractual point of contact (POC) in writing of the decision and, whenever applicable, that accesses to MCC facilities and information systems have been terminated. Subsequent to issuance of these notifications, contractors are required to provide MCC a suitable replacement; and PSCs and contractors are responsible, whenever applicable, for the return of the subject individual's MCC Photo ID Badge and any MCC equipment that was issued to the individual.

C. Personnel Security Requirements for PSCs Paid Directly by MCC

1. PSCs directly paid by MCC without interim national security eligibility granted by MCC or national security eligibility at least at the level required for the position, duties, or work activities specified as requiring such eligibility, including that for access to classified national security information, by this contract are prohibited from rendering services under this contract.

2. MCC will determine national security eligibility for all PSCs to whom MCC makes direct payments for services rendered and whose position requires such eligibility as approved by the appropriate MCC department vice president-level executive.

MCC will: (1) make eligibility determinations based on a background investigation that meets the requirements issued by the SecEA; (2) determine whether a previously-performed investigation satisfies the investigative requirements using guidelines issued by the Office of Management and Budget or the SecEA; and (3) adjudicate personnel security background investigations or any other information related to determining national security eligibility using the criteria in Security Executive Agent Directive 4, National Security Adjudicative Guidelines, or its latest successor.

3. A PSC granted national security eligibility by MCC is subject to a personnel security reinvestigation by MCC within the timeframe specified by the SecEA.

4. MCC may at any time perform a personnel security reinvestigation of a PSC to whom it has granted national security eligibility.

5. MCC may administratively withdraw national security eligibility it has granted whenever it determines such eligibility is no longer needed. MCC may administratively downgrade a Top Secret security clearance holder's clearance to Secret whenever it determines the holder no longer needs access to Top Secret information.

6. Whenever a personnel security investigation or reinvestigation is required, PSCs and PSC candidates will submit to MCC DIS, personnel security background investigation forms, including a PIRF, OF 306, a copy of their resume, a Questionnaire for National Security Positions (SF 86), signature releases and supplemental forms, and submit to fingerprint imaging used to access reports from the Federal Bureau of Investigation (FBI) and other national databases.

7. In exceptional circumstances MCC may grant interim national security eligibility with access to classified information at the Secret level to a PSC directly paid by MCC while a personnel security background investigation is in progress based on favorable adjudication of previously-completed personnel security investigations or reinvestigations, the PSC's OF 306, resume, SF 86 submission, and any other relevant information.

8. MCC will not grant national security eligibility to any individual determined ineligible to be issued a MCC Photo ID Badge or unfit.

9. PSCs to whom MCC grants national security eligibility will not be issued a security clearance and, consequently, will not be permitted access to classified information, until the individual attends an MCC Security Clearance Briefing and signs a Classified Information Nondisclosure Agreement (SF 312).

10. Whenever MCC determines an individual not eligible for national security eligibility, the Contracting Officer (CO) or CO's Representative (COR) will notify the contractor's contractual point of contact (POC) in writing of the MCC determination(s) and, whenever applicable, that accesses to MCC facilities and information systems have been terminated. MCC will process such individuals in accordance with §5.2 of Executive Order 12968, "Review Proceedings for Denials or Revocations of Eligibility for Access". Subsequent to issuance of these notifications, contractors are required to provide MCC a suitable replacement; and PSCs and contractors are responsible, whenever applicable, for the return of the subject's MCC Photo ID Badge and any MCC equipment that was issued to the individual.

D. Personnel Security Requirements for Contractor employees and Other PSCs

1. Contractor employees and PSCs not directly compensated by MCC without a national security eligibility or interim eligibility at least at the level required for the position, duties, or work activities specified as requiring such eligibility, including that for access to classified national security information and occupy a sensitive position (as defined in 5 CFR 732), by this contract are prohibited from rendering services under this contract.

2. Contractor employees and PSCs not directly compensated by MCC requiring national security eligibility to perform work for MCC must hold one at the appropriate level in accordance with the policy and procedures of the National Industrial Security Program (NISP, Executive Oder 12829, as amended) and the NISP policy and procedures of the Department of Defense.

Such individuals granted national security eligibility who are assigned to or visit MCC headquarters or overseas MCC/Resident Country Director offices (i.e., where access to classified national security information is required), must have their eligibility/security clearances or interim security clearances certified using a visit authorization request. The contractor shall submit all employee visit authorization requests to DIS via fax to 202-521-3590, along with a PIRF and form OF 306 completed and signed by each contractor employee or PSC.

3. Contractors and subcontractors shall notify the CO and COR of all terminations of their employees (with respect to their MCC service) who possess MCC Photo ID Badges, have access to MCC information systems, or any MCC IT equipment; and in addition, contractors and subcontractors shall notify the CO and COR of all contractor employees proposed to replace those terminated employees terminated by providing the information for employees required in section G. of this clause.

E. Work Performance

The contractor shall prescreen all their employee candidates for MCC service covered under this clause to ensure they initially possess the necessary investigation and clearance requirements. In addition, the contractor is responsible to periodically, at least annually, review their employees' background and work performance to ensure that nothing has occurred which may negatively impact or jeopardize their employees' eligibility for an MCC Photo ID Badge, favorable fitness determination, and security clearance, whichever are applicable.

Unless otherwise provided herein, in no event will the need for MCC to process investigations and clearances (including physical on-site access at MCC facilities) be considered an excusable delay under the contract. In addition, the need to replace contractor employees determined by the MCC to be ineligible for any reason will not be considered an excusable delay.

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

F. Contract Award

Within two (2) business days after notice of award from the contracting officer, contractor shall propose a list of all contractor employees and subcontractor employees 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 each employee'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, access to MCC headquarters, access to sensitive information, MCCNet access, or no access privileges. In addition, the contractor will provide a central point-of-contact regarding investigation and clearance issues. If the contractor has documentation which provides evidence of a contractor employee's previous or current background investigation and/or clearance status, the contractor will provide the employee's investigations/clearance status to MCC DIS 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 DIS.

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.

MCC 52.232-71 PAYMENT POLICY FOR INDIVIDUAL CONSULTANTS (INCLUSIVE OF FULL TIME

PERSONAL SERVICES CONTRACTORS) (MAY 2013)

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

b) While contractors are working in the United States, the MCC will pay for actual hours worked up to 8 hours a day, 5 days a week.

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

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

MCC 52.232-73 TRAVEL REIMBURSEMENT (MAY 2017)

Policy.When authorized as part of the Scope of Work on this contract/order and within the contract/order ceiling and as approved by the Contracting Officer's Representative (COR) and/or other MCC officials as described below, travel expenses incurred in performance of technical directives issued under this contractor/order may be reimbursed as allowed by the Federal Travel Regulations (FTR) in effect at the time of travel. MCC's supplemental policy interpretations are derived from the FTR and cannot grant additional benefits or adjust processes defined in the FTR. Supplemental policies of MCC set forth below:

a) Traveler Responsibilities. All contractor travelers must:

1) Exercise the same care in incurring expenses that a prudent person would exercise if traveling on personal business;

2) Travel in accordance with the FTR and the MCC policies included in this document; and

3) Pay any charges or fees associated with non-compliance of FTR or any MCC policies included in this document, and any expenses incurred for personal convenience. For example, the traveler may become personally responsible for travel costs associated with unauthorized use of other than coach class accommodations, failing to follow the Fly American Act requirements, exceeding per diem rates, changing departure or return flights, purchasing unapproved items, etc. regardless of the fact that travel arrangements may have been booked by others (e.g., Travel Agency).

b) Cabin Class Standards

1) The standard cabin class for contractor air-travel is coach class, regardless of destination or travel time.

2) Coach "premium" class may be authorized for destinations which have a travel time of more than 14 hours, consistent with the Federal Travel Regulations and the approval standards outlined in paragraph (f) of this document.

3) Business class travel accommodations will NOT be authorized except as determined through the approval process outlined in paragraph (f) of this document. This approval process is considered to be exceptional, to be part of a trip by trip analysis, and at the discretion of the government regardless of the destination or travel time.

c) Airlines and Flights. In accordance with the Fly America Act, contractors must use a U.S. flag air carrier service for all travel funded by the government beginning or ending in the U.S. unless a specific exemption to the "Fly America" rule applies. Flights on U.S.