PC_OVC_HIV_Combined_Synopsis_Solicitation_Amendment_0001.pdf

OVC Program Review Solicitation No.:

1145PC19Q0023

Date: April 19, 2019

Subject: Request for Quote – RFQ# 1145PC19Q0023 OVC HIV Program Review Consulting Services

This is a combined synopsis/solicitation for commercial services prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation will not be issued.

Solicitation 1145PC19Q0023 incorporates provisions and clauses effective through Federal Acquisition Circular (FAC) 2019-01 dated 22 January 2019. This requirement is being solicited as a Total Small Business Set-aside using Simplified Acquisition Procedures per FAR Subpart 13. The North American Industry Classification System Code (NAICS) is 541611 Administrative Management and General Management Consulting Services, with a size standard of $15.0M. All qualified small businesses under this industry are encouraged to submit quotes.

The Government contemplates an award of a Firm-Fixed Price Purchase Order resulting from this solicitation.

1.0 PRICING TABLE

CLIN Description Qty Unit Unit

Price Extended

Price 0001 Base: OVC HIV Program Review

Consulting Services (See Note 1)_ 1 Lot

0002 Travel (See Note 2) NTE $25,000 0003 Option: OVC HIV Program Review

Consulting Services (Up to 2 countries) (See Note 3)

2 Per Country

Total

Note 1: CLIN 001 is a firm-fixed price CLIN for OVC HIV Program Review Consulting Services one Program Review Services with data collection at three countries as listed in Section 2.6 of the

PWS.

Note 2: All travel shall be in accordance with the Section 2.8 of the PWS. The total of all travel approved under CLIN 002 shall not exceed the amount indicated unless modified by the Contracting Officer. The Government will pay the Contractor for the actual amount of approved travel per Section 4.6.

Note 3: CLIN 003, is an optional, firm-fixed price CLIN for OVC HIV Program Review Consulting Services for up to two additional countries as indicated by the COR. The Government may exercise CLIN 002 in its entirety or a portion thereof.

2.0 PEFORMANCE WORK STATEMENT

2.1 Background

Peace Corps Volunteers (PCVs), with their counterparts and broader host communities play a critical role in epidemic control and mitigation of HIV/AIDS for orphans and other vulnerable populations across the globe. Peace Corps (PC) utilizes the integrated community development approach to work with youth leaders, clinical service providers, and community influencers to help prevent new infections among youth and to improve care, support, and treatment services provided to those living with and affected by HIV and AIDS. PC activities also support the provision of services that are so fundamental to these vulnerable populations including economic, psychosocial, health, nutrition, and education services of a with the community. The PC encourages working through community groups, engaging caregivers and youth in meaningful activities and discussions to ensure that children and adolescents remain healthy, stable, safe and schooled. Through the provision of care and support services, Volunteers bring about positive change for the most vulnerable children and adolescents that have lost a parent or are living in a situation that threatens their health, development and well-being.

2.2 Scope

The Contractor shall advise the Office of Global Health and HIV (OGHH). In this capacity, the Contractor shall assist to manage and implement a program review of Peace Corps’ work around Orphans and Vulnerable Children (OVC). The Contractor shall work collaboratively with the OVC Program Specialist and the Supervisory Public Health Analyst, to asses and refine the implementation of Orphan and Vulnerable Children programming for PCVs to support President’s Emergency Plan for AIDS Relief’s (PEPFAR) mission to achieve epidemic control of HIV and AIDS amongst the most vulnerable populations. In collaboration with the evaluation team, the Contractor shall lead in the development of the review/evaluation methodology, data collection instruments, and data analysis and data collection plans.

2.3 Objective:

To manage and implement a program review of Peace Corps’ programming and implementation around Orphans and Vulnerable Children (OVC).

2.4 Requirements

The primary objective of this program review is to determine the unique contribution of the PC’s OVC program in supporting epidemic control and mitigation of HIV/AIDS for orphan and vulnerable children populations and provide programming recommendations.

Services shall include, but are not limited to:

• Consult with PC OGHH, the Office of the Global AIDS Coordinator and other interagency

(USAID and CDC) staff to gather information on the unique contributions of PC’s OVC program in supporting epidemic control and mitigation of HIV/AIDS for orphan and vulnerable children populations (see Section 2.6 Proposed Countries).

• Design evaluation methodology that will answer at minimum the following research questions (question maybe revised during the design):

1) What specific intervention models and activities are currently being implemented by Peace Corps with the goal of epidemic control and mitigation of HIV/AIDS for orphan and vulnerable children populations?

2) How do these intervention models and activities map to the existing HIV/AIDS logical framework and Monitoring and Evaluation (M&E) system?

3) What is Peace Corps niche in OVC programming and the current best practice intervention models and activities that can be considered for greater application to support this niche?

4) How does OVC, HIV Prevention and Determined Resilient Empowered AIDS Free Mentored and Safe (DREAMS) intersect and how is PC addressing each of the sub-populations through its activities?

5) How can the existing M&E system be strengthened to better capture the work being done towards epidemic control and mitigation of HIV/AIDS for orphan and vulnerable children populations?

• Define data sources for review such as programmatic frameworks, annual reports, Volunteer activity descriptions, PEPFAR annual performance and other relevant information and design data collection tools.

• Assist in the scheduling and managing the logistics of the field data collection.

• Conduct interviews, focus group discussions, surveys, and or case studies with stakeholders such as PC’s staff, Volunteers, counterparts and community based organization and partners.

• Lead the cleaning, coding and organizing of all qualitative and quantitative data.

• Lead in the analysis of all qualitative and quantitative data

• Participate in the development of programming review findings, conclusions, and recommendations

• Assist in drafting the program review work plan, preliminary findings presentation, and draft program review report.

o Based on finding draft recommendations for prioritizing OVC and HIV prevention activities, noting implications/intersection with DREAMS; and improving M&E to support these programs and reporting.

2.5 Implementation

Innovative Qualitative and Quantitative methods shall be used to answer the above-mentioned research questions. The Contractor shall work with the OGHH team to implement the data collection activities.

The Contractor shall use the following type of data collection activities:

1) In-Depth Interviews with Peace Corps Volunteer counterparts Sample Size of 6-8 in each country)

2) In-Depth Interviews with Peace Corps Staff (M&E specialists, HIV/OVC leads etc.) (Sample Size of 2-4 in each country)

3) In-Depth Interviews with Community Based Organization staff or other local key stakeholders (Sample Size of 3-5 in each country)

4) In-Depth Interviews with USAID or USG OVC Leads (Sample Size1-3)

At PC Headquarters (HQ), there shall be in-depth interviews of OVC Technical Leadership at both Office of Global AIDS Coordinator (OGAC) and USAID (Sample Size of 1-3) to discuss understanding of the Peace Corps program and help define Peace Corps niche going forward.

In addition, a desk review shall also be conducted of M&E system forms and reports in order to inform our recommendations for improvements to the existing M&E system.

2.6 Proposed Countries

The Contractor shall perform data collection at a minimum of three (3) of the Peace Corps’ countries listed below. If necessary, the Government may require the performance of data collection at up to two (2) more Peace Corps countries via a contract modification.

• Uganda

• Swaziland

• South Africa

• Mozambique

• Lesotho

2.7 Qualifications and Experience

At a minimum, the contractor shall have the following qualifications and experience:

• Experience designing, implementing and advising orphan and vulnerable children programming, HIV/AIDS or relevant sexual reproductive health programming internationally.

• Experience in conducting evaluations or research in orphan and vulnerable children preferred, but youth development, sexual and reproductive health, and/or social sciences are also acceptable

• Project management experience, specifically managing an evaluation.

• Master in Public Health and or degree in relevant field

• At least five (5) years or progressively more experience managing orphan and vulnerable children, HIV/AIDS, health or other programmatic development areas preferably in a developing country context.

• Experience conducting evaluations or research in orphan and vulnerable children preferred, but youth development, sexual and reproductive health, and/or social sciences are also acceptable o Knowledge of relevant monitoring and evaluation methods, models and approaches of qualitative and quantitative data analysis techniques.

o Knowledge designing and implementing various evaluation methodologies, including an understanding of sampling procedures survey, focus group and interview methodologies, and qualitative and quantitative data collection methods.

• Experience designing and implementing program evaluation and providing technical, programmatic and strategic guidance.

• Experience developing qualitative evaluation tools including interview and focus group discussion guides with diverse populations, including youth

• Demonstrated ability to develop and manage project evaluations implementation of detailed work plans/timelines.

• Capacity to multi-task; including managing, prioritizing, and fulfilling competing demands in real time.

• Written and oral English communication skills.

Abilities and Skills:

• Demonstrated ability to develop and coordinate implementation of detailed work plans/timelines for major time-sensitive and complex work projects that are dependent on contributions from multiple US government agencies and dozens of individuals.

• Interpersonal skills working with diverse teams

• Capacity to multi-task; including managing, prioritizing, and fulfilling competing demands in real time.

2.8 Travel

There will be no travel reimbursement to the Contractor for travel within the Washington D.C.

metropolitan area. All travel shall be approved in advance by the COR. Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with Part 31 of the Federal Acquisition Regulations and the Federal Travel Regulations (FTR) or, in the case of foreign travel, the Standardized Regulations. Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit (to the COR and program specialist) a request for advance approval to utilize higher class travel. All travel should be scheduled sufficiently in advance to be able to take advantage of offered discount rates. Individual ‘travel authorization letters’ may be provided to the contractor (for all contractor personnel who are required to travel) which may allow contractor personnel to receive government rates when on long distance travel. The federal travel regulations and per diem rates can be accessed at: www.gsa.gov and type “FTR” in their search box. No travel reimbursement will be authorized unless the Contractor provides sufficient written evidence of actual travel costs incurred to include, but not limited to receipts, ticket stubs, registers, and/or other documentation, as required by the Government.

2.9 Deliverables

The following deliverable shall be delivered to the COR and program specialist prior to the last day of the period of performance:

http://www.gsa.gov/

• The contractor shall submit a draft review/evaluation protocol and interview guide/questionnaire to the COR for review and approval within one month after contract award.

• The contractor shall submit a final protocol within two weeks from the approval of draft.

The following deliverables are to be delivered to the COR on the last day of the period of performance:

• A report per country with country context and key findings.

• A final OVC program review report with the following:

o Executive Summary o An overall set of recommendations defining core activities for Peace Corps’ OVC and

HIV prevention programming o Discussion on the implications/intersection of Peace Corps’ recommended OVC and

HIV programming with PEPFAR’s DREAMS and prevention guidance o Recommendations on how to improve M&E to support these programs and reporting.

o A Geographic Information Systems (GIS) map per country demonstrating PC OVC program locations, overlaid with other Unites State Government partners, PEPFAR Priority Sub National Units, and other relevant data.

o A tip sheet for countries on implementation of the recommended activities.

In addition to the COR, there will be additional monitoring and evaluation staff from OGHH that will liaise and assist with this work – from design to field work to the deliverables – however, the overall process will be led by the Contractor. This will entail maintaining an overall project management tool that tracks specific deliverables, person responsible and timelines. There shall be a weekly call with the core HQ team and support as necessary to country teams for the field work planning. The country teams will assist with logistics, but the work will be primarily done by the HQ team.

3.0 PERFORMANCE

3.1 Place of Performance

The principal place of performance will be at the contractor’s site.

3.2 Period of Performance

Base: Date of Award to 6 months Option, CLIN 0003

3 months after option exercise date or six months after contract award date, whichever is longer

4.0 CONTRACT ADMINISTRATION

4.1 Contracting Officer’s Authority

The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price. The CO currently is located at:

1111 20th Street NW Washington, DC, 20526 202-692- 2647 tedwards@peacecorps.gov

4.2 Contracting Officer’s Representative (COR)

(a) {TBD at the time of award} is hereby designated as the Contracting Officer’s Representative (COR). The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the contract. The COR is located at:

{TBD}

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly. No such changes shall be made without the express written prior authorization of the Contracting Officer.

The Contracting Officer may designate assistant or alternate COR (s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

4.3 Contractor Point of Contact

[Name] [Title] [E-mail] [Telephone number] [Address]

4.4 Invoicing Procedures

(a) Invoice Format

The format of the invoice and/or accompanying documentation shall be agreed on between the COR and the Contractor. The Vendor shall submit invoices monthly and render an electronic copy to the COR, and:

ATTN: OGAP

GAPdomesticinvoice@peacecorps.gov

For questions regarding payments, please send an email inquiry, including the invoice number, billed amount and date sent to Disbursing@peacecorps.gov. The invoice shall include, but not be limited to, the following information:

• Name and address of the Contractor

• Invoice date and invoice number

• Period of performance covered by the invoice

• Description, price(s), date of service, and quantity(ies) of services and supplies for which payment is being requested

• Shipping and payment terms, if any

• EFT account/payment information

• Costs incurred under the current voucher or costs incurred to date (cumulative)

• Signature of the Contractor’s authorized representative

• Contractor’s Tax Identification Number (TIN)

• Evidence of actual expenses invoiced (receipts)

4.5 Invoice Certification

Upon receipt of the invoices, the Peace Corps will check the invoices for correctness and appropriateness of the charges and will ensure that chargeable items appearing on the invoices have been formally accepted by the Peace Corps. In the event that the Peace Corps discovers any discrepancies in the invoice, the Peace Corps Contracting Officer (CO) and Contracting Officer’s Representative (COR) will, in addition to following the requirements of the Prompt Payment Act, take steps necessary to resolve the discrepancies with the Contractor.

4.6 Invoice Payment

For the purposes of this subsection, “invoice payment” is a Government disbursement of monies to the Contractor under this order for products and/or services which are formally accepted by the Government. Invoices are payable in accordance with the requirements of the Prompt Payment Act. Payment will be considered as being made on the day the electronic funds transfer is made.

CLIN 002 shall be invoiced as a separate line item and will be paid on a reimbursable basis. The Government will pay the Contractor for the actual amount of approved travel. The failure to properly submit invoices may result in a delay in payment.

4.7 Withholding Payments

mailto:GAPdomesticinvoice@peacecorps.gov mailto:Disbursing@peacecorps.gov

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due, or failure to perform or deliver required services/supplies may result in the withholding of payments under this contract. Payments may be withheld unless such failure arises out of circumstances beyond the Contractor’s control and without fault or negligence on the part of the Contractor, as provided for in the relevant contract clauses. The Peace Corps will promptly notify the Contractor of its intention to withhold payment of any voucher or invoice in full;

however, if only a portion(s) of the invoice are being withheld, then the voucher may be processed without notification to the Contractor to prevent delay in payment.

5.0 SPECIAL CONTRACT REQUIREMENTS

5.1 Data Rights

The Peace Corps shall have unlimited rights to and ownership of all deliverables provided under this notification system, including reports, recommendations, briefings, work plans and all other deliverables. This includes the deliverables provided under the basic notification system, and any optional task deliverables exercised by the contracting officer. In addition, it includes any additional deliverables required by contract change. The definition of “unlimited rights” is contained in Federal Acquisition Regulation (FAR) 27.401, “Definitions.” FAR clause 52.227- 14, “Rights in Data-General,” is hereby incorporated by reference and made a part of this contract/order.

5.2 Packaging and Marking

Preservation, packaging, and packing for all shipments or mailings of all required submittals shall be in accordance with good commercial practices. This shall include adequate packaging and marking to prevent deterioration and damage during shipment, handling, and storage and be adequate to ensure acceptance by common carrier and safe transportation at the most economical rates.

5.3 Inspection and Acceptance

Inspection and acceptance of services to be furnished hereunder shall be performed at place of performance or destination, by the CO or his/her designated alternate , in accordance with FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items (Oct 2018). The Government reserves the right to conduct any inspection and tests it deems reasonably necessary to assure that the services provided conform in all respects to the contract specifications. Services which upon inspection are found not to be in conformance with contract specifications shall be promptly rejected and notice of such rejection, together with appropriate instructions will be provided to the Contractor by the Contracting Officer.

5.4 Use of Peace Corps name and Logo

The Contractor shall make no publicity announcements or issue other public relations or promotional materials mentioning the Contractor’s connection with Peace Corps without first consulting with the Contracting Officer. Further, the Contractor shall not use the Peace Corps name and/or logo in conjunction with, or proximity to, the Contractor’s logo, trademark, trade name or facsimile thereof (co- branding) without the advance written concurrence of the Contracting Officer.

5.5 Restriction on Advertising

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Peace Corps, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”

5.6 Individuals/Entities Engaged in Intelligence Activities

It is the policy of the Peace Corps to exclude from engagement via contractual relationship, including subcontracts, any individuals who have engaged in intelligence activity or related work or who have been employed by or connected with an intelligence agency either directly or by way of contract.

5.7 Restrictions Against Disclosure

(a) The Vendor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the contractor in performance of the contract and designated by the Contracting Officer, in the strictest confidence. The Vendor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the contractor´s possession, to those employees needing such information to perform the work described herein, i.e., on a "need to know" basis. The Vendor agrees to immediately notify the Contracting Officer in writing in the event that the contractor determines or has reason to suspect a breach of this requirement has occurred.

(b) The Vendor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The Vendor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

5.8 Organizational Conflict of Interest

(a) At the award of this contract, the Vendor shall certify that it does not have an Organizational

Conflict of Interest in accordance with paragraphs (1) - (2) below:

1) "Organizational Conflict of Interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Peace Corps, or the person's objectivity in performing the contract work is or might be otherwise impaired, or a person has an unfair competitive advantage. "Person" as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises.

2) The Vendor certifies that to the best of its knowledge and belief, that it does not have any organizational conflict of interest(s) as defined in paragraph (a)(1). Before submitting the conflict of interest certification, the Vendor shall search its records accumulated, at a minimum, over the past three (3) years.

(b) If the Vendor cannot so certify, it shall provide a disclosure statement before award which describes all relevant information concerning past, present, or planned interests bearing on whether it (including its chief executives, directors, proposed consultant, proposed subcontractor, etc.) may have a potential organizational conflict of interest.

(c) (1)The Vendor agrees to immediately notify the Peace Corps Contracting Officer’s

Representative (COR) and Contracting Officer of:

i. any actual or potential personal conflict of interest with regard to any of its employees working on or having access to information regarding this contract, or

ii. any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this contract, when such conflicts have been reported to the Contractor.

2) A personal conflict of interest is defined as any relationship with an employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant in performing the contract work.

3) The Vendor must certify that its personnel who perform work under this contract or relating to this contract have been informed of their obligation to report personal and organizational conflicts of interest to the contract.

4) The Vendor agrees to notify the COR and Contracting Officer prior to incurring costs for an employee’s work when an employee may have a personal conflict of interest.

In the event that the personal conflict of interest does not become known until after performance on the contract begins, the Vendor shall immediately notify the Contracting Officer and COR of the personal conflict of interest. The Vendor shall continue performance of this contract until notified by the Contracting Officer of the appropriate action to be taken.

(d) The parties to this contract agree that the Vendor shall be free to compete for contracts on an equal basis with other companies, except for if the Vendor, under the terms of this contract, or through the performance of work pursuant to this contract, is required to develop recommendations for specifications, requirements, and/or statements of work, and such recommendations, specifications, requirements, and/or statements of work are partially or fully incorporated into a Peace Corps solicitation. The Vendor shall be ineligible to perform the work described in that solicitation as a prime Vendor, subcontractor, or as a consultant to a prime Vendor or subcontractor under a resulting Peace Corps contract, for a period of three years, unless otherwise authorized by the Contracting Officer. This limitation applies to the Vendor, any affiliate of the Vendor, any subcontractor, consultant, or employee of the Vendor, any joint venture involving the Vendor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Vendor. This exclusion does not apply to any re-competition for those services furnished pursuant to this contract.

(e) As provided in FAR 9.505-2, if the Peace Corps procures a system, component, or services on the basis of work statements growing out of the effort performed under this contract, from a source other than the contractor, subcontractor, affiliate, or assign of either, during the course of performance of this contract or before the three year period following completion of this contract has lapsed, the Vendor may, with the authorization of the cognizant Contracting Officer, participate in a subsequent procurement for the same system, component, or service.

In other words, the Vendor may be authorized to compete for procurement(s) for systems, components or services subsequent to an intervening procurement.

(f) The Vendor agrees in advance that if any bids/quotes/quotes are submitted for any work that would require written approval of the Contracting Officer in accordance with paragraph (e) above, then the bids/quotes/quotes are submitted at the Vendor’s own risk. Therefore, no claim shall be made against the Peace Corps to recover bid/proposal/quote costs as a direct cost whether the request for authorization to enter into the contract is denied or approved.

(g) To the extent that the work under this contract requires access to proprietary or confidential business or financial data of other companies, and as long as such data remains proprietary or confidential, the Vendor shall protect such data from unauthorized use and disclosure.

(h) The Vendor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information provided to the Vendor by the Peace Corps during or as a result of performance of this contract. Further, the prohibition against release of Peace Corps provided information extends to cover such information whether or not in its original form, e.g., where the information has been included in Vendor generated work or where it is discernible from materials incorporating or based upon such information. This prohibition shall not expire after a given period of time.

The Vendor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information generated or derived during or as a result of performance of this contract.

(i) The Vendor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Peace Corps concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and to protect the Peace Corps’ interest.

(j) The Vendor agrees that, if after award, it discovers an actual or potential organizational conflict of interest; it shall make immediate and full disclosure in writing to the Contracting

Officer. The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action which the Vendor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the Contracting Officer in making a determination on this matter. Notwithstanding this notification, the Peace Corps may terminate the contract for the convenience of the Peace Corps if determined to be in the best interest of the Government.

(k) Notwithstanding paragraph (k) above, if the Vendor was aware, or should have been aware, of an organizational conflict of interest prior to the award of this contract or becomes, or should become, aware of an organizational conflict of interest after award of this contract and does not make an immediate and full disclosure in writing to the Contracting Officer, the Peace Corps may terminate this contract for default.

(l) If the Vendor takes any action prohibited by this requirement or fails to take action required by this requirement, the Peace Corps may terminate this contract for default.

(m) The Vendor agrees to insert in any subcontract or consultant agreement placed hereunder provisions which shall conform to the language of this clause, including paragraph (n), unless otherwise authorized by the Contracting Officer. The Contractor shall substitute "subcontractor" for "contractor" where appropriate.

(n) The Contracting Officer's decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall be final.

(o) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this contract.

(p) Compliance with this requirement is a material requirement of this contract.

5.9 Duplication of Efforts

The Vendor hereby certifies that costs for work to be performed under this contract, and any subcontracts hereunder, are not duplicative of any costs charged against any other Government contract, subcontract, or other Government source. The Vendor agrees to advise the Contracting Officer, in writing, of any other Government contract or subcontract it has performed or is performing which involves work directly related to the purpose of this contract. The Vendor also certifies and agrees that any and all work performed under this contract shall be directly and exclusively for the use and benefit of the Government, and not incidental to any other work, pursuit, research, or purpose of the Vendor , whose responsibility it will be to account for it accordingly.

5.10 Virus-Free Check and Certification of Data Delivered Via Electronic Media

All data delivered via electronic media (by disk, telecommunications transmission, or any other manner of electronic medium) shall be checked and certified as virus-free at data point of origin.

Virus-free electronic media data certification shall be required to accompany all such delivered data identifying the specific certifying party, telephone number, data generation location, date certified, a list of each data item being certified, and the following certifying statement;” all data provided for by this delivery is virus free”.

5.11 Excusable Delays

Timely delivery of call orders is essential to successful contract performance. The Vendor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Vendor and without its fault or negligence, such as acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Vendor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith;

shall remedy such occurrence with all reasonable dispatch; and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

5.12 Obtaining Access to Proprietary Information

Prior to gaining access to proprietary information of any other company (which may occur in performing advisory services for the Government), the Contractor shall enter into a specific written agreement with each such company to protect that company's information from unauthorized use or disclosure for as long as such information remains proprietary, and refrain from using the information for any purpose other than that for which it was furnished and required by contract performance. The Contractor shall provide the Government copies of all such agreements and await written approval by the CO to ensure that such agreements have been completed and properly executed prior to the Contractor gaining access to proprietary information.

5.13 Updating Specifications and Standards

If, during the performance of this contract, the contractor believes that the contract contains outdated or different versions of any specifications or standards, the Contractor may request that the contract be updated to include the current version of the applicable specification or standard.

Updating shall not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor must submit written update requests to the Contracting Officer and COR for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval by the Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

5.14 Data Security Requirements

The Contractor is responsible for the protection and confidentiality of all Peace Corps technical data and findings. The contractor shall protect the information and information technology resources of the Peace Corps as proprietary to the Peace Corps.

Peace Corps information systems contain sensitive information and contain personal information subject to the Privacy Act of 1974 (PL 93-579 and amendments). It will be the Contractor's responsibility to familiarize and brief employees and subcontractors on the provisions of the Privacy Act. FAR clauses, 52.224-1: "Privacy Act Notification" 52.224-2: "Privacy Act", and 52.224-3: “Privacy Training”, are hereby incorporated by reference.

The confidentiality and disclosure provisions of Title VII of the Civil Rights Act of 1964 and Title I of the American with Disabilities Act prohibit disclosure of any charge or charge-related information. The contractor shall agree that such information will not be disclosed and will only be used for the performance of their responsibilities under this contract.

Contractor activities providing support to the Peace Corps will operate in accordance with agency policies, manual sections, standard operating procedures, and federal regulations, to include MS 524 IT Security Policies and Procedures, and the Federal Information Security Management Act (FISMA).

The Contractor shall ensure all deliverable documents have the following indicated on each page: “Unclassified// FOR OFFICAL USE ONLY” and shall be handled as such.

5.15 Data Archiving, Restoration, and Ownership

In accordance with the Federal Acquisition Regulations, the Peace Corps will have unlimited rights to and ownership of all data first produced in the performance of this contract including all form, fit and function data; meta data; configurations; customizations; applicable source code; custom developed code; reports; recommendations; briefings; work plans and all other deliverables. This includes the deliverables and data first produced under the basic contract and options exercised by the CO, any additional deliverables and as required by contract modification. The definition of “unlimited rights” and other pertinent terms used in this clause are contained in “Definitions” under FAR 27.401 and FAR 52.227-14(a). FAR 52.227-17 “Rights in Data – Special Works (Dec 2007)” is hereby incorporated by reference.

5.16 Rights to Intellectual and/or Creative Data

All Contractor’s rights or interests, including but not limited to, rights under copyright laws (federal otherwise) and copyright common law, in any and all deliverable items, collateral materials, or any other products created or provided under this contract shall hereby be assigned and transferred to the Peace Corps in this contract, including the right to modify same, to use same, and to authorize others to use same in their original or modified form for any purpose.

5.17 Key Personnel

a. The personnel specified below are considered to be essential to the work being performed under this contractual arrangement. During the first ninety (90) calendar days of performance, the Contractor shall make no substitutions of key personnel unless the substitution is necessitated by illness, death or termination of employment. The Contractor shall notify within 15 calendar days after the occurrence of any of these events and provide the information required by paragraph (b) of this clause. After the initial 90-calendar day period, the Contractor shall submit the information required by paragraph (b) to the Contracting Officer at least 15 calendar days prior to making any permanent substitutions.

b. Prior to diverting any of the specified individuals to other projects, or otherwise substituting any other personnel for specified personnel, the Contractor shall notify the Contracting Officer reasonably in advance but not less than 15 calendar days prior and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the contract effort. Proposed substitutions must have comparable qualifications to those of the persons being replaced. No diversion shall be made by the Contractor without the written consent of the Contracting Officer; provided that the Contracting Officer may ratify a diversion or substitution in writing and that ratification shall constitute the consent of the Contracting Officer required by this clause. The Contracting Officer shall respond to the request within 15 calendar days of receipt. The contract may be modified from time to time during the course of the contract to either add or delete personnel, as appropriate.

Key-personnel shall be highly qualified with extensive experience in the tasks listed in the PWS.

Name Title To be entered at the time of award Program Review Consultant/Vendor

Equivalent

6.0 GOVERNMENT FURNISHED PROPERTY/SUPPLIES (GFP)

There will be no GFP.

7.0 CLAUSES

7.1 FAR 52.252-2 - Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

Also, the full text of a clause may be accessed electronically at this/these address(es):

http://acquisition.gov/comp/far/index.html.

The following clauses apply to this acquisition:

FAR Subpart Title Date 52.204-19 Incorporation by Reference of Representations and Certifications Dec 2014 52.212-4 Contract Terms and Conditions -- Commercial Items Oct 2018

7.2 FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items (Jan 2019)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, http://acquisition.gov/comp/far/index.html which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(4) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(5) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108- 78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

_X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

(9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

(10) [Reserved]

(11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

(ii) Alternate I (Nov 2011) of 52.219-3.

(12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C.

657a).

(ii) Alternate I (Jan 2011) of 52.219-4.

(13) [Reserved]

_X (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

(ii) Alternate I (Nov 2011).

(iii) Alternate II (Nov 2011).

(15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

(ii) Alternate I (Oct 1995) of 52.219-7.

(iii) Alternate II (Mar 2004) of 52.219-7.

_X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

(17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637 (d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Aug 2018) of 52.219-9.

(18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_X (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

_X (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

_X (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2018) (E.O.

13126).

_X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X (28) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(ii) Alternate I (Feb 1999) of 52.222-26.

_X_ (29) (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(ii) Alternate I (July 2014) of 52.222-35.

_X (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

_X (ii) Alternate I (July 2014) of 52.222-36.

_X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

_X (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

(34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O.13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

(38) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514

(ii) Alternate I (Oct 2015) of 52.223-13.

(39) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-14.

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

(41) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

(ii) Alternate I (Jun 2014) of 52.223-16.

_X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun 2016) (E.O. 13696).

_X (45) (i) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).

(ii) Alternate I (Jan 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112- 41, 112-42, and 112-43).

(ii) Alternate I (May 2014) of 52.225-3.

(iii) Alternate II (May 2014) of 52.225-3.

(iv) Alternate III (May 2014) of 52.225-3.

(48) 52.225-5, Trade Agreements (Aug…