Guidance Amendment

As of April 2013

Interim Amendment 2013-001

MCC/MCA Entity Procurement Community

  1. Procurement Notices

    This is a Material Interim Amendment Notice issued in accordance with Part 7 of the MCC Program Procurement Guidelines (PPG).  MCC issues notices from time to time to inform MCC and all MCA Entities (including their Procurement Agent(s) and Implementing Entities) of changes to the PPG and the Standard Bidding Documents (SBDs).  The changes indicated in this Material Interim Amendment Notice are effective as set out in the section titled “Effectiveness and Application of Amendment” below.  This Material Interim Amendment Notice will be posted on MCC’s website.

  2. MCC Program Procurement Guidelines

    MCC and the MCA Entities shall implement the changes to the PPG as described in Attachments A and B, to this notice, titled “Material Interim Amendment 2013-001.”  The changes made by this Material Interim Amendment will be incorporated into the next formal revision of the PPG.

  3. Standard Bidding Documents

    MCC and the MCA Entities shall implement the changes to the MCC Standard Bidding Documents (SBDs) described in Attachment C to this notice, titled “Standard Bidding Document Changes.”  The changes made by this Material Interim Amendment will be incorporated into the next formal revision of the SBDs.

  4. Effectiveness and Application of Amendment

    This amendment is effective as of 3 April, 2013.  The changes to the appropriate sections of the SBDs for Consulting Services, Goods, Small Works, Large Works, and Design/Build indicated on the attached list of changes are to be incorporated immediately into solicitation documents being developed that have not been issued.  Solicitation documents currently released for contractors’ response do not have to be modified.

  5. Summary of and Rationale for PPG Amendments and Modifications to SBDs

     

    1. Modification to PPG Part 1, Paragraphs P1.A.1.16(a) and P1.B.1.21(a) (Fraud and Corruption).

      In July 2012, MCC revised its Policy on Preventing, Detecting and Remediating Fraud and Corruption in MCC Operations.  As part of that revision, changes were made to the definitions of the terms “coercive practice,” “collusive practice,” “corrupt practice,” “fraudulent practice,” “obstructive practice” and “prohibited practice.” These same terms in the PPG are being revised to materially conform the definitions to those used in MCC’s revised Fraud and Corruption policy. [See Attachment A of this notice for modifications made to the PPG.]

    2. Modification to PPG Part 2, Paragraphs P2.4.1 and P2.4.1.2 (Contractor Past Performance Reporting System) and Revised Guidance Paper on Reporting and Considering Past Performance and References in MCA Entity Program Procurements.

      Prior to this modification, the PPG Contractor Past Performance Reporting System (CPPRS) requirements applied to any procurement resulting in a total contract awarded valued or estimated to be valued in excess of 100,000 USD.  The PPG are being revised to establish new thresholds for triggering the CPPRS requirements.  Under the PPG as amended, the CPPRS process applies to all contracts for works valued at USD 5 million or more and to contracts for consultant services valued at USD 200,000 or more.  In addition, MCC is revising and updating its “Guidance on Reporting and Considering Past Performance by Contractors in MCA Entity Program Procurements” that was issued in December 2008.  The revised guidance includes changes to submission thresholds and procedures, as well as more detailed guidance for the use of past performance reports and references in the qualification and evaluation process. [See Attachment A of this notice for modifications made to the PPG and Attachment B of this notice for the revised guidance paper.]

    3. Modification to PPG Part 10 (Eligibility Verification Procedures).

      Paragraph P10.1.4 lists the sites that must be reviewed in conducting the eligibility verification required under the PPG for persons and entities involved in MCA Entity program procurements. The first site indicated on the list, the “Excluded Parties List System” has been consolidated into a new system. MCC is modifying the list set out in P10.1.4 to reflect this change.  [See Attachment A of this notice for modifications made to the PPG.]

    4. Modification to PPG Part 15 (Combating Trafficking in Persons).

      In May 2011, MCC added a new Part 15 to the PPG reflecting MCC’s zero tolerance policy regarding trafficking in persons and establishing procedures to be used in procurements to help ensure that the contractors, subcontractors and employees of MCA Entities are not engaged in such practices.  MCC is modifying the definition of “trafficking in persons” in both the PPG and the SBDs to make it clear that no form or level of trafficking in persons is acceptable.  MCC is also modifying the SBDs to require contractors and consultants to notify MCA Entities within 24 hours (or as soon as reasonably possible) of becoming aware of or taking action with respect to conduct that violates Part 15 of the PPG.  This reduces the notification requirement from the current 48 hours.  [See Attachment A of this notice for modifications made to the PPG and Attachment C of this notice for modifications made to the SBDs.]

    5. Modification to PPG Attachment 14 (Bid Review and Technical Evaluation Panels).

      This change deletes a provision in the PPG that provided MCC could grant exceptions allowing MCC employees, its agents or consultants to serve as members of technical evaluation panels for MCA Entity program procurements.  It has never been MCC’s practice to grant this exception and it is removing the language to make clear that these individuals will not serve as panel members.    The change also updates the “Approval of Panel Members” provision to bring it in line with the provisions of PPG Attachment 1 (Approval Requirements)” that were updated in Interim Amendment Notice 2011-001. [See Attachment A of this notice for modifications made to the PPG.]

/s/

Patrick Fine
Vice President, Department of Compact Operations
Millennium Challenge Corporation

Attachment A

MCC Program Procurement Guidelines

(10/23/2009 Version)

Material Interim Amendment 2013-001

This Material Interim Amendment modifies the October 23, 2009 version of the MCC Program Procurement Guidelines (PPG).  The changes indicated in this amendment will be effective as set out in the section titled “Effectiveness and Application of Amendment” above. The changes will be incorporated into a future revision of the PPG.

MCC and the MCA Entities, including the Procurement Agent(s) and Implementing Entities, shall amend their copies of the PPG by inserting changed pages to the documents or by marking the change to the appropriate table or paragraph.  It is also important to insert the Index of Interim Amendments found at the end of Attachment A of this notice.  A copy of the PPG as amended by this Material Interim Amendment shall be maintained by the MCA Entity Procurement Director and the MCA Entity Procurement Agent(s) in a file/binder for use as a reference by staff and auditors.

  1. Amendment to Part 1 of PPG

    Each of Paragraphs P1.A.1.16(a) and P1.B.1.21(a) of the MCC Program Procurement Guidelines is amended by deleting sub-clauses (i) – (vi) of the existing text and replacing them with the following:

    1. “coercive practice” means impairing or harming, or threatening to impair or harm, directly or indirectly, any party or the property of any party, to influence the actions of a party in connection with the implementation of any contract supported, in whole or in part, with MCC funding, including such actions taken in connection with a procurement process or the execution of a contract;

    2. “collusive practice” means a tacit or explicit agreement between two or more parties to perform a coercive, corrupt, fraudulent, obstructive or prohibited practice, including any such agreement designed to establish prices at artificial, noncompetitive levels or to otherwise deprive the MCA Entity of the benefits of free and open competition;

    3. “corrupt practice” means the offering, giving, receiving or soliciting, directly or indirectly, of anything of value to influence the actions of a public official, MCA Entity staff, MCC staff, consultants, or employees of other entities engaged in work supported, in whole or in part, with MCC funding, including such work involving taking or reviewing selection decisions, otherwise advancing the selection process, or contract execution, or the making of any payment to any third party in connection with or in furtherance of a contract;

    4. “fraudulent practice” means any act or omission, including any misrepresentation, that misleads or attempts to mislead a party in order to obtain a financial or other benefit in connection with the implementation of any contract supported, in whole or in part, with MCC funding, including any act or omission designed to influence (or attempt to influence) a selection process or the execution of a contract, or to avoid (or attempt to avoid) an obligation;

    5. “obstructive practice” means any act taken in connection with the implementation of any contract supported, in whole or in part, with MCC funding:

      1. that results in the destroying, falsifying, altering or concealing of evidence or making false statement(s) to investigators or any official in order to impede an investigation into allegations of a coercive, collusive, corrupt, fraudulent or prohibited practice;

      2. that threatens, harasses or intimidates any party to prevent him or her from either disclosing his or her knowledge of matters relevant to an investigation or from pursuing the investigation, and/or

      3. intended to impede the conduct of an inspection and/or the exercise of audit rights of MCC provided under the Compact and related agreements; and

    6. “prohibited practice” means any action that violates Section E (Compliance with Anti-Corruption, Anti-Money Laundering, Terrorist Financing, and Trafficking in Persons Statutes and Other Restrictions) of the “General Provisions Annex” that will be made a part of MCC-funded contracts and may be found on the MCC website at http://www.mcc.gov.”

  2. Amendment to Part 2 of PPG

    1. Paragraph P2.4.1of the MCC Program Procurement Guidelines is amended by deleting clause (a) of the existing text and replacing it with the following:

      “(a) ensure that, for each procurement resulting in a total contract awarded that is valued or estimated to be valued at (i) USD 5 million or more for any works and (ii) USD 200,000 or more for any consultant services, a past performance report on the contractor’s or consultant’s performance is submitted at least annually (quarterly if one or more aspects of performance are problematic) during the period of contract performance,”

    2. Paragraph P2.4.1.2 of the MCC Program Procurement Guidelines is amended by deleting the existing text in its entirety and replacing it with the following:

      “The CPPRS procedures apply to any procurement resulting in a total contract awarded that is valued or estimated to be valued at (a) USD 5 million or more for any works and (b) USD 200,000 or more for any consultant services.  Total value or estimated total value is based on the base period of performance as well as any option periods of performance.”

  3. Amendment to Part 10 of PPG

    Paragraph P10.1.4 of the MCC Program Procurement Guidelines is amended by deleting the words “Excluded Parties List System (EPLS)—http://www.epls.gov/” in the first bullet of the existing text and replacing them with “System for Award Management (SAM)—http://www.sam.gov.”

  4. Amendment to Part 15 of PPG

    1. The first Paragraph P15.2.9 of the MCC Program Procurement Guidelines is amended by renumbering it as Paragraph P15.2.8 and deleting the words “severe forms of trafficking in persons” in the existing text and replacing them with “trafficking in persons.”

    2. Paragraph P15.3 of the MCC Program Procurement Guidelines is amended by deleting clause (a) of the existing text and replacing it with the following:

      “a. engage in trafficking in persons during the period of performance of any contract funded, in whole or in part, with MCC funding;”

    3. Paragraph P15.5 of the MCC Program Procurement Guidelines is amended by deleting the first clause of the existing text and replacing it with the following:

      “A bidder, supplier, contractor, subcontractor, consultant or sub-consultant shall inform the MCA Entity within 24 hours or as soon as reasonably possible of:”

  5. Amendment to Attachment 14 of PPG

    Attachment 14 of the MCC Program Procurement Guidelines is amended in two places:

    1. Strike the first three sentences of the third paragraph of the existing text and replace them with the following:

      “MCC employees and its agents or consultants shall not serve as a member of a panel for an MCA Entity procurement.”

    2. Replace the sixth paragraph of the existing text (“Approval of Panel Members”) with the following paragraph:

      “The Procurement Agent is responsible for conducting an initial review and approval of the technical members of the panel proposed by the MCA Entity.  MCC may opt-in as necessary for approval of panel members.  For projects in which approval is required as an opt-in, the MCA Entity shall submit for MCC approval the Curriculum Vitae or a list of the candidate’s qualifications for each proposed panel member.”

  6. General Provisions

    1. Except as expressly amended by this Amendment, all of the terms and conditions of the MCC Program Procurement Guidelines remain unchanged and shall remain in full force and effect in accordance with their terms.  This Amendment shall be limited as provided for herein, and shall not be deemed to be a waiver of, amendment of, consent to, or modification of any other term or provision of the MCC Program Procurement Guidelines.
    2. On and after the effective date set out in the section titled “Effectiveness and Application of Amendment” in the Material Interim Amendment Notice associated with this Amendment, each reference in the MCC Program Procurement Guidelines to “these Guidelines,” and any other reference to the MCC Program Procurement Guidelines will, unless otherwise stated, be construed to refer to the MCC Program Procurement Guidelines as amended by this Amendment.

Insert the following “Index of Interim Amendments” in the front of copies of the PPG.

MCC Program Procurement Guidelines
(10/23/2009 Version)
Index of Interim Amendments

Interim Amendment Issue Date
2010-001 (Material Interim Amendment) September 27, 2010
2011-001 (Material Interim Amendment)

 

May 2, 2011
2011-001 (Material Interim Amendment) May 23, 2001 (relating to Material Interim Amendment issued May 2, 2001)
2013-001 (Material Interim Amendment) April 3, 2013

Attachment C

Standard Bidding Document Changes

The following changes shall be made to the English versions of the SBDs posted on the MCC website. MCA Entities using the French and Spanish versions of the SBDs should make equivalent changes to those SBDs.

Trafficking in Persons

Consulting Services SBD

The existing text of Clause 3.14 of the General Conditions of Contract (Section 5) in the Consulting Services SBD is deleted in its entirety and replaced with the following:

3.14 Combating Trafficking in Persons
3.14 Combating Trafficking in Persons “MCC, along with other United States Government entities, has adopted a zero tolerance policy with regard to trafficking in persons (“TIP”). In pursuance of this policy:
Defined Terms For purposes of the application and interpretation of this GCC Sub-Clause 3.14, the terms, “coercion,” “commercial sex act,” “debt bondage,” “employee,” “forced labor,” “fraud,” “involuntary servitude,” “trafficking in persons,” and “sex trafficking” have the meanings given such terms in Part 15 [Combating Trafficking in Persons] of MCC’s Program Procurement Guidelines and such definitions are incorporated by reference into this GCC Sub-Clause 3.14.
Prohibition The Consultant, Personnel, any Sub-Consultant, or any of its personnel, or any agent or affiliate of any of the forgoing shall not:
  1. engage in trafficking in persons during the period of performance of the Contract;
  2. procure commercial sex acts during the period of performance of the Contract; or
  3. use forced labor in the performance of the Contract.
Consultant Requirements The Consultant shall:
  1. fulfill its obligations under this GCC Sub-Clause 3.14 and any additional obligations related to TIP that may be set forth in the Services or any other documents that make up this Contract;
  2. notify Personnel with respect to MCC’s policy regarding TIP and the prohibited activities described in this GCC Sub-Clause 3.14;
  3. notify the MCA Entity within 24 hours or as soon as reasonably possible upon the Consultant:
    1. becoming aware of  any information it receives from any source (including law enforcement) that alleges any Personnel, Sub-Consultant, or any of its personnel, or any agent or affiliate of any of them, has engaged in conduct that violates MCC’s TIP policy; or
    2. taking any action against any Personnel, Sub-Consultant or any of its personnel, or any agent or affiliate of any of them, pursuant to these requirements; and
  4. ensure that any subcontract or subaward entered into by the Consultant, as permitted by this Contract, includes the substance of the provisions of this GCC Sub-Clause 3.14.
Remedies In addition to any other remedies that may be available under the terms of this Contract or Applicable Law, any breach of this GCC Sub-Clause 3.14 may result in:
  1. the MCA Entity requiring the Consultant to remove the involved Personnel, Sub-Consultant or any of its involved personnel, or any involved agent or affiliate;
  2. the MCA Entity requiring the termination of a subcontract or subaward;
  3. suspension of Contract payments until the breach is remedied to the satisfaction of the MCA Entity and MCC;
  4. loss of incentive payment, consistent with the incentive plan set out in the Contract, if any, for the performance period in which the MCA Entity or MCC determine the breach remains unremedied;
  5. the MCA Entity or MCC pursing sanction of the Consultant, including declaring the Consultant ineligible, either indefinitely or for a stated period of time, to be awarded any MCC-funded contract; and
  6. termination of the Contract by the MCA Entity, in which case the provisions of GCC Sub-Clause 2.7.1(d) shall apply.

Goods and Related Services SBD

The existing text of Clause 34 of the General Conditions of Contract (Section 5) in the Goods and Related Services SBD is deleted in its entirety and replaced with the following:

34 Combating Trafficking in Persons
34 Combating Trafficking in Persons 34.1 “MCC, along with other United States Government entities, has adopted a zero tolerance policy with regard to trafficking in persons (“TIP”). In pursuance of this policy:
  1. Defined Terms.

    For purposes of the application and interpretation of this GCC Sub-Clause 34.1, the terms, “coercion,” “commercial sex act,” “debt bondage,” “employee,” “forced labor,” “fraud,” “involuntary servitude,” “trafficking in persons,” and “sex trafficking” have the meanings given such terms in Part 15 [Combating Trafficking in Persons] of MCC’s Program Procurement Guidelines and such definitions are incorporated by reference into this GCC Sub-Clause 34.1.

  2. Prohibition.

    The Supplier, any Subcontractor, or any of their respective personnel, or any agent or affiliate of any of the forgoing shall not:

    1. engage in trafficking in persons during the period of performance of the Contract;
    2. procure commercial sex acts during the period of performance of the Contract; or
    3.  use forced labor in the performance of the Contract.
  3. Supplier Requirements.

    The Supplier shall:

    1. fulfill its obligations under this GCC Sub-Clause 34.1 and any additional obligations related to TIP that may be set forth in the Schedule of Requirements or any other documents that make up this Contract;
    2. notify Supplier’s personnel with respect to MCC’s policy regarding TIP and the prohibited activities described in this GCC Sub-Clause 34.1;
    3. notify the Purchaser within 24 hours or as soon as reasonably possible upon the Supplier:
      1. becoming aware of  any information it receives from any source (including law enforcement) that alleges any Supplier’s personnel, Subcontractor, or any of its personnel, or any agent or affiliate of any of them, has engaged in conduct that violates MCC’s TIP policy; or
      2. taking any action against any Supplier’s personnel, Subcontractor, or any of its personnel, or any agent or affiliate of any of them, pursuant to these requirements; and
    4. ensure that any subcontract or subaward entered into by the Supplier, as permitted by this Contract, includes the substance of the provisions of this GCC Sub-Clause 34.1.
  4. Remedies.

    In addition to any other remedies that may be available under the terms of this Contract or Applicable Law, any breach of this GCC Sub-Clause 34.1 may result in:

    1. the Purchaser requiring the Supplier to remove the involved Supplier’s personnel, Subcontractor, any of its involved personnel, or any involved agent or affiliate;
    2. the Purchaser requiring the termination of a subcontract or subaward;
    3. suspension of Contract payments until the breach is remedied to the satisfaction of the Purchaser and MCC;
    4. loss of incentive payment, consistent with the incentive plan set out in the Contract, if any, for the performance period in which the Purchaser or MCC determine the breach remains unremedied;
    5. the Purchaser or MCC pursing sanction of the Supplier, including declaring the Supplier ineligible, either indefinitely or for a stated period of time, to be awarded any MCC-funded contract; and
    6.  Termination of the Contract by the Purchaser, in which case the provisions of GCC Clause 32.4 shall apply.”

Large Works SBD

The existing text of Sub-Clause 6.15 of the Conditions of Particular Conditions (Section VI) in the Large Works SBD is deleted in its entirety and replaced with the following:

Sub-Clause 6.15 Combating Trafficking in Persons
Sub-Clause 6.15
Combating
Trafficking in Persons

Add the following Sub-Clause 6.15:

“MCC, along with other United States Government entities, has adopted a zero tolerance policy with regard to trafficking in persons (“TIP”).  In pursuance of this policy:

  1. Defined Terms.  For purposes of the application and interpretation of this Sub-Clause 6.15, the terms, “coercion,” “commercial sex act,” “debt bondage,” “employee,” “forced labor,” “fraud,” “involuntary servitude,” “trafficking in persons,” and “sex trafficking” have the meanings given such terms in Part 15 [Combating Trafficking in Persons] of MCC’s Program Procurement Guidelines and such definitions are incorporated by reference into this Sub-Clause 6.15.
  2. Prohibition.  The Contractor, the Contractor’s Personnel, any Subcontractor or supplier, or any of their respective personnel, or any agent or affiliate of any of the forgoing shall not:
    1. engage in trafficking in persons during the period of performance of the Contract;
    2. procure commercial sex acts during the period of performance of the Contract; or
    3. use forced labor in the performance of the Contract.
  3. Contractor Requirements.  The Contractor shall:
    1. fulfill its obligations under this Sub-Clause 6.15 and any additional obligations related to TIP that may be set forth in the Specification or any other documents that make up this Contract;
    2. notify Contractor’s Personnel with respect to MCC’s policy regarding TIP and the prohibited activities described in this Sub-Clause 6.15;
    3. notify the Engineer and the Employer within 24 hours or as soon as reasonably possible upon the Contractor:
      1.  becoming aware of  any information it receives from any source (including law enforcement) that alleges any Contractor’s Personnel, Subcontractor or supplier, or any of their respective personnel, or any agent or affiliate of any of them, has engaged in conduct that violates MCC’s TIP policy; or
      2. taking any action against any Contractor’s Personnel, Subcontractor or supplier, or any of their respective personnel, or any agent or affiliate of any of them, pursuant to these requirements; and
    4. ensure that any subcontract or subaward entered into by the Contractor, as permitted by this Contract, includes the substance of the provisions of this Sub-Clause 6.15.
  4. Remedies. In addition to any other remedies that may be available under the terms of this Contract or applicable Laws, any breach of this Sub-Clause 6.15 may result in:
  5. the Employer requiring the Contractor to remove the involved Contractor’s Personnel, Subcontractor or supplier, any of their involved personnel, or any involved agent or affiliate;
  6. the Employer requiring the termination of a subcontract or subaward;
  7. suspension of Contract payments until the breach is remedied to the satisfaction of the Employer and MCC;
  8.  loss of incentive payment, consistent with the incentive plan set out in the Contract, if any, for the performance period in which the Employer or MCC determine the breach remains unremedied;
  9. the Employer or MCC pursing sanction of the Contractor, including declaring the Contractor ineligible, either indefinitely or for a stated period of time, to be awarded any MCC-funded contract; and
  10. termination by the Employer or MCC of the Contractor's employment under the Contract and expelling him from the Site, in which case the provisions of Clause 15 [Termination by Employer] shall apply as if such expulsion had been made under Sub-Clause 15.2(f).”

Small Works SBD

The existing text of Clause 30 of the General Conditions of Contract (Section V) in the Small Works SBD is deleted in its entirety and replaced with the following:

30 Combating Trafficking in Persons
30 Combating Trafficking in Persons

30.1  “MCC, along with other United States Government entities, has adopted a zero tolerance policy with regard to trafficking in persons (“TIP”). In pursuance of this policy:

  1. Defined Terms. For purposes of the application and interpretation of this GCC Sub-Clause 30.1, the terms, “coercion,” “commercial sex act,” “debt bondage,” “employee,” “forced labor,” “fraud,” “involuntary servitude,” “trafficking in persons,” and “sex trafficking” have the meanings given such terms in Part 15 [Combating Trafficking in Persons] of MCC’s Program Procurement Guidelines and such definitions are incorporated by reference into this GCC Sub-Clause 30.1.
  2. Prohibition.  The Contractor, any Subcontractor, or any of their respective personnel, or any agent or affiliate of any of the forgoing shall not:
    1. engage in trafficking in persons during the period of performance of the Contract;
    2. procure commercial sex acts during the period of performance of the Contract; or
    3. use forced labor in the performance of the Contract.
  3. Contractor Requirements.  The Contractor shall:
    1. fulfill its obligations under this GCC Sub-Clause 30.1 and any additional obligations related to TIP that may be set forth in the Specifications or any other documents that make up this Contract;
    2. notify Contractor’s personnel with respect to MCC’s policy regarding TIP and the prohibited activities described in this GCC Sub-Clause 30.1;
    3. notify the Project Manager and the Employer within 24 hours or as soon as reasonably possible upon the Contractor:
      1. becoming aware of  any information it receives from any source (including law enforcement) that alleges any Contractor’s personnel, Subcontractor or any of its personnel, or any agent or affiliate of any of them, has engaged in conduct that violates MCC’s TIP policy; or
      2. taking any action against any Contractor’s personnel, Subcontractor, or any of its personnel, or any agent or affiliate of any of them, pursuant to these requirements; and
    4. ensure that any subcontract or subaward entered into by the Contractor, as permitted by this Contract, includes the substance of the provisions of this GCC Sub-Clause 30.1.
  4. Remedies. In addition to any other remedies that may be available under the terms of this Contract or Applicable Law, any breach of this GCC Sub-Clause 30.1 may result in:
    1. the Employer requiring the Contractor to remove the involved Contractor’s personnel, Subcontractor, any of its involved personnel, or any involved agent or affiliate;
    2. the Employer requiring the termination of a subcontract or subaward;
    3. suspension of Contract payments until the breach is remedied to the satisfaction of the Employer and MCC;
    4. loss of incentive payment, consistent with the incentive plan set out in the Contract, if any, for the performance period in which the Employer or MCC determine the breach remains unremedied;
    5. the Employer or MCC pursing sanction of the Contractor, including declaring the Contractor ineligible, either indefinitely or for a stated period of time, to be awarded any MCC-funded contract; and
    6. termination of the Contract by the Employer in which case the event shall be deemed a fundamental breach by the Contractor and the provisions of Clause 63 shall apply.”

Design-Build SDB

The existing text of Sub-Clause 6.15 of the Conditions of Particular Conditions (Section VI) in the Design-Build SBD is deleted in its entirety and replaced with the following:

Sub-Clause 6.15
Combating
Trafficking in Persons
Add the following Sub-Clause 6.15:

“MCC,along with other United States Government entities, has adopted a zerotolerance policy with regard to trafficking in persons (“TIP”).In pursuance of this policy:

  1. Defined Terms.  For purposes of the application and interpretation of this Sub-Clause 6.15, the terms, “coercion,” “commercial sex act,” “debt bondage,” “employee,” “forced labor,” “fraud,” “involuntary servitude,” “trafficking in persons,” and “sex trafficking” have the meanings given such terms in Part 15 [Combating Trafficking in Persons] of MCC’s Program Procurement Guidelines and such definitions are incorporated by reference into this Sub-Clause 6.15.
  2. Prohibition.  The Contractor, the Contractor’s Personnel, any Subcontractor or supplier, or any of their respective personnel, or any agent or affiliate of any of the forgoing shall not:
    1. engage in trafficking in persons during the period of performance of the Contract;
    2. procure commercial sex acts during the period of performance of the Contract; or
    3. use forced labor in the performance of the Contract.
  3. Contractor Requirements.  The Contractor shall:
    1. fulfill its obligations under this Sub-Clause 6.15 and any additional obligations related to TIP that may be set forth in the Specification or any other documents that make up this Contract;
    2. notify Contractor’s Personnel with respect to MCC’s policy regarding TIP and the prohibited activities described in this Sub-Clause 6.15;
    3. notify the Engineer and the Employer within 24 hours or as soon as reasonably possible upon the Contractor:
      1.  becoming aware of  any information it receives from any source (including law enforcement) that alleges any Contractor’s Personnel, Subcontractor or supplier, or any of their respective personnel, or any agent or affiliate of any of them, has engaged in conduct that violates MCC’s TIP policy; or
      2. taking any action against any Contractor’s Personnel, Subcontractor or supplier, or any of their respective personnel, or any agent or affiliate of any of them, pursuant to these requirements; and
    4. ensure that any subcontract or subaward entered into by the Contractor, as permitted by this Contract, includes the substance of the provisions of this Sub-Clause 6.15.
  4. Remedies.  In addition to any other remedies that may be available under the terms of this Contract or applicable Laws, any breach of this Sub-Clause 6.15 may result in:
    1. the Employer requiring the Contractor to remove the involved Contractor’s Personnel, Subcontractor or supplier, any of their involved personnel, or any involved agent or affiliate;
    2. the Employer requiring the termination of a subcontract or subaward;
    3. suspension of Contract payments until the breach is remedied to the satisfaction of the Employer and MCC;
    4.  loss of incentive payment, consistent with the incentive plan set out in the Contract, if any, for the performance period in which the Employer or MCC determine the breach remains unremedied;
    5. the Employer or MCC pursing sanction of the Contractor, including declaring the Contractor ineligible, either indefinitely or for a stated period of time, to be awarded any MCC-funded contract; and
    6. termination by the Employer or MCC of the Contractor's employment under the Contract and expelling him from the Site, in which case the provisions of Clause 15 [Termination by Employer] shall apply as if such expulsion had been made under Sub-Clause 15.2(f).”