1145PC20Q0022 Final 5.22.20.doc

Peace Corps

Apple/Macintosh Support Services Request for Quotation (RFQ) 1145PC20Q0022

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 and 13.5, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a separate written solicitation document will not be issued. This solicitation is being issued under the authority of FAR Part 13 Simplified Acquisition Procedures.

This solicitation is a Request for Quotations (RFQs). The Peace Corps is seeking a Contractor to provide Apple/Macintosh © software and hardware maintenance support services to the Office of Communications at Headquarters in Washington, DC as described in Section 2 “Performance Work Statement” (PWS) of this solicitation.

This is a total small business set aside (under $27.5M) under NAICS code 541519 Other Computer Related Services.

The Peace Corps intends to issue a Firm-Fixed Price Purchase Order for services described in the Performance Work Statement. Award will be made to the responsible, technically acceptable Offeror, whose quote, conforming to the Request for Quotation (RFQ), offers the Best Value to the Government.

This Request for Quote (RFQ) does not obligate the government to award a contract and the government will not pay for costs incurred in preparing or submitting quotes.

Your attention is invited to the fact that the Contracting Officer is the only individual who can legally commit or obligate the Government to an expenditure of public funds should a contract result by reason of a response to this Request for Quotation. This letter should not be interpreted as a contract or a commitment of any kind on the part of the U.S. Government to award a contract. Furthermore, any contract resulting from this solicitation will be subject to all laws and regulations in effect at the time of the contract award.

Accordingly, all communications prior to award shall be directed to Brendan Kittredge, bkittredge@peacecorps.gov.

SECTION 1.

SCHEDULE OF SERVICES

The Contractor shall furnish all personnel and supervision required to provide Apple/Macintosh software and hardware maintenance support services to the Office of Communications at Headquarters in Washington, DC as described in Section 2 “Performance Work Statement” (PWS).

1.2 Pricing Table Offerors shall propose support that will best provide services for Peace Corps in accordance with this PWS on a fixed price basis.

SECTION 2.

PERFORMANCE OF WORK STATEMENT

2.1 Introduction

The Peace Corps requires intermittent on-site support for software (Mac OS 10.13 and later & Adobe Creative Suite) and hardware (Apple computers/laptops, RAIDs and other external media, and professional-grade photo printers and scanners) maintenance support services at Peace Corps Headquarters located at 1275 First Street, Washington, DC 20526. The contractor will assign one or more Mac Certified Support Professionals to provide on-site support and remote trouble shooting services.

2.2 Purpose and Objectives

The contractor will support approximately 16-20 Apple/Macintosh computers and associated software and peripheral hardware domestically. On-site support will only be required at the Peace Corps’ headquarters in Washington, DC on an on-demand, per-visit basis of approximately 25 visits per year.

2.3 Scope of Services, Tasks and Requirements

2.3.1 The Contractor will provide the following services:

1. Troubleshoot and fix individual computer issues

a. Use Peace Corps trouble ticketing system to document issues

b. Develop a process with Peace Corps for handling computer issues

2. Check and repair disk directories

3. Perform color management and monitor calibration

4. Check, monitor and maintain backup storage systems

5. Install new hardware/software solutions as required

6. Reformat Mac computers to standard specifications for transfer to new employees

7. Recommend FISMA compliant (FIPS 200, Moderate Impact) hardware/software solutions as required including media storage solutions, RAID systems, color printing systems and scanners

8. In collaboration with Peace Corps Staff:

a. Develop, integrate and maintain systems management solution for Macs that is compatible with Microsoft System Center and currently in operations at Peace Corps for Windows desktops

b. Maintain anti-virus and malware solutions

c. Develop a maintenance plan for:

I. Applying security updates no more than two weeks after manufacturer issuance II. Applying maintenance release updates and patches no more than two weeks after manufacturer issuance

III. Remediation time for each finding/vulnerability severity level (e.g., zero day, critical, high, moderate) in accordance with Peace Corps Vulnerability Management Plan and other Federal mandates (i.e., Binding Operational Directives)

9. Provide and maintain documentation on system configurations for the Peace Corps Platform Services System (PCPSS)

10. Develop standard image for FIPS 200, impact level moderate

11. Develop, document and maintain secure configuration baselines in accordance with Center for Internet Security and submit to Peace Corps OCIO for review and approval.

12. Develop, integrate and maintain Personal Identity Verification (PIV) solution for Macs as specified in Homeland Security Presidential Directive (HSPD-12) and currently in operations at Peace Corps for Windows desktops

13. Manage enterprise usernames/passwords (e.g., Admin password, Apple ID, Adobe CC, Adobe Typekit)

14. Provide incident response support in accordance with the Peace Corps Incident Response Plan

2.3.2 Compliance Reporting to the Peace Corps

1. The Contractor will provide services and service certification as follows:

a. Provide compliance reports to the Peace Corps Office of the Chief Information Officer (OCIO), and the Contract Officer’s Representative (COR) after each visit and as requested by the Peace Corps verifying:

I. Apple security updates have been applied

II. Apple maintenance release updates have been applied

III. Operating practices are compliant with security protocols as dictated by the OCIO.

b. Monitor, respond to, and resolve tickets in Peace Corps’ internal ticket tracking system during normal business hours

c. Provide telephone and email technical support during business hours as required

d. Respond on-site to critical systems issues within 24 hours as requested

2.4 General Requirements

The Contractor shall submit all appropriate personnel security clearance documents to the designated Peace Corps Safety & Security office staff within 5 calendar days after award. Unless otherwise indicated by the COR in writing, the Contractor shall attend the Entry Conference with 5 calendar days after contract award at the Peace Corps Headquarters in Washington, DC. The Contractor shall also attend an Exit Conference at Peace Corps Headquarters within 7 calendar days of receipt of final deliverables. The Contractor employees shall undergo a background check conducted by the Peace Corps and may be required to sign Non-Disclosure Agreement (NDA)/ Conflict of Interest Forms.

2.5 Deliverables/Delivery ScheduleThe COR will accept or reject deliverables; all deliverables are subject to the COR’s review. Unless otherwise stated, all deliverables shall be produced using Microsoft Office © Suite product. Deliverables are not considered accepted until they are approved by the COR. The COR will approve/disapprove a deliverable within 5 business days. If a deliverable is rejected, the Contractor shall make corrections as specified by the COR and resubmit the deliverable for review and approval to the COR within 5 calendar days at no additional cost to the government.

The Contractor will provide a proposed format with the initial delivery of each document for the COR to review and approve. Once the format is approved, the Contractor will provide documents in an appropriate format to satisfy the requirements of the PWS paragraphs referenced. All documents will be submitted in electronic forms that are compatible with Government’s current Microsoft Office Suite. The Contractor will provide documents in an appropriate format to satisfy the requirements of the PWS paragraphs referenced. Unless otherwise stated, are presented as calendar days.

COR

COR

2.4

Note: This list may not be inclusive of all required reports/deliverables. It is the Contractor’s responsibility to also review the PWS and ensure that all reports and deliverables are provided.

SECTION 3.

INSPECTION AND ACCEPTANCE

3.1 Acceptable Quality Levels (AQL)

The below table is a listing of contract requirements considered most critical to satisfactory contract performance. Included is also the Acceptable Quality Level (AQL) which represents the desired performance level that the Government expects of the Contractor. The Contractor must re-perform all unsatisfactory work unless excused by the COR or CO.

When the number of defects in the Contractor’s performance discovered by the COR exceeds the allowable limit, the Contractor shall be required to complete a Contract Discrepancy Report (CDR). The Government will require the Contractor to explain in writing why performance was unsatisfactory, how performance will be returned to satisfactory levels and how recurrence of the problem will be prevented in the future. Tasks/Requirements not specifically mentioned on the below table may be subject to contractual remedies if found to be unsatisfactory.

3.2 Inspection and Acceptance

Inspection and acceptance of services to be furnished hereunder shall be performed at place of performance or destination, by the COR, in accordance with (IAW) FAR Clause 52.212-4, Contract Terms and Conditions – Commercial Items. 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 and deliverables which upon inspection are found not to be in conformance with contractual specifications shall be promptly rejected and notice of such rejection, together with appropriate instructions will be provided to the Contractor by the Contracting Officer.

Inspection will be completed within five (5) calendar days after completion.

a. In the event services are of a continuing nature and this contract prescribes periodic payments based upon increments of time rendered (e.g., hours or months of service), completion of services will be deemed to have occurred at the end of each whole or fractional month falling within the contract term.

b. In the event services are not of a continuing nature, such that this contract prescribes payment based upon fixed units delivered (e.g., characters keyed), completion will be deemed to have occurred upon delivery.

c. Payment will constitute notification of acceptance.

d. Written notification of negative inspection results will be furnished within 30 days after completion.

SECTION 4.

PERFORMANCE

4.1 Period of Performance

The anticipated period of performance for this delivery order is:

Base Year: June 20, 2020 to June 19, 2021 Option Year 1: June 20, 2021 to June 19, 2022 Option Year 2: June 20, 2022 to June 19, 2023 Option Year 3: June 20, 2023 to June 19, 2024 Option Year 4: June 20, 2024 to June 19, 2025

4.2 Place of Performance

All Contractor services shall be performed on-site at the Peace Corps HQ. The address of the Peace Corps HQ is listed below:

1275 First St. NE

Washington, DC 20526

SECTION 5.

CONTRACT ORDER ADMINISTRATION

5.1 Contract Management

5.1.1 Contracting Officer (CO)

a. The Contracting Officer (CO) has the overall responsibility for the administration of this Delivery Order. He/she alone, without delegation, is authorized to take actions on behalf of the Government to amend, modify or deviate from the contract terms, conditions, requirements, specifications, details and/or delivery schedules. However, the Contracting Officer may delegate certain other responsibilities to his/her authorized representative.

b. This contract will be administered by:

Brendan Kittredge Contracting Officer

Office of the Chief Financial Officer, Acquisition and Contract Management (ACM)

1275 First St. NE| Washington, D.C. 20526 Email: bkittredge@peacecorps.gov Phone: 202-692-2243

c. Written communications shall make reference to the contract number and shall be emailed to the above email addresses.

5.1.2 Contracting Officer’s Representative (COR)

a. Any correspondence concerning technical matters shall be forwarded directly to the COR, with copies to the CO.

A COR will be given authority by the CO to monitor all technical aspects and assist in administration of the contract. The types of action within the purview of the COR are: to assure that the Contractor performs all the technical requirements of the contract; to perform or cause to be performed all inspections and acceptance necessary in connection with performance of the contract; and to maintain both written and oral communication with the Contractor concerning technical aspects of the requirements. The COR shall monitor the Contractor’s performance under the contract and notify the Contractor and the CO of any deficiencies observed, as well as to coordinate Government Furnished Property and to provide for site entry of Contractor personnel if required.

The COR is not authorized to change any of the terms or conditions of this contract. The CO is the only person authorized to approve changes in any of the requirements of this contract or modifications issued thereunder and, notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the CO’s. The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the CO or is pursuant to specific authority otherwise included as part of this contract. In the event the Contractor effects any change at the direction of any person other than the CO, the change will be considered to be unauthorized.

5.1.3 Contractor Point of Contact

[Name] [To be entered at time of award] [Title] [E-mail]

[Telephone number]

[Address]

5.2 Invoice Requirements

The format of the invoice and/or accompanying documentation shall be agreed on between the COR and the Contractor. The Contractor shall submit invoices on a monthly basis. 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, delivery order 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

· Purchase Order NumberDescription, 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 (see below)

· 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)

5.3 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 and COR will, in addition to following the requirements of the Prompt Payment Act, take steps necessary to resolve the discrepancies with the Contractor.

5.4 Invoice Payment

For the purposes of this subsection, “invoice payment” is a Government disbursement of moneys 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 of the electronic funds transfer is made. The failure to properly submit invoices may result in a delay in payment.

5.5 Withholding of Contract Payments

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.

SECTION 6. SPECIAL REQUIREMENTS

6.1 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 the Contracting Officer 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.

To be entered at the time of award

Apple/Mac Technician Note: The above labor category is a suggestion only. The Vendor shall propose support that will best meet the requirements and expertise needed as outlined in the PWS.

6.2 RESTRICTIONS AGAINST DISCLOSURE

a. The Contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the Contractor under this contract or any other non-public information otherwise provided by the Government, in the strictest confidence. The Contractor 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 Contractor 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 Contractor 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 Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

6.3 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.

6.4 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.

6.5 COMPUTER SOFTWARE AND/OR COMPUTER DATABASE(S) DELIVERED TO AND/OR RECEIVED BY THE GOVERNMENT

The Contractor agrees to test for viruses on all computer software and/or computer databases, before delivery of that computer software or computer database in whatever media and on whatever system the software is delivered. The Contractor warrants that any such computer software and/or computer database will be free of viruses when delivered.

The Contractor agrees to test any computer software and/or computer database(s) received from the Government for viruses prior to use under this contract.

6.6 INDEMNIFICATION

1.

Responsibility for Government-owned or leased Property and Equipment. During performance, the Contractor shall be responsible for all negligent acts or missions of its employees or agents or the employees or agents of its subcontractor(s). In this regard, the Contractor shall, at no cost to the Government and at the Government's option, replace or compensate the Government for any damage to or loss of Government-owned or -leased property caused by such negligent acts or omissions.

2.

Responsibility for Contractor or Third-party owned or leased Property and Equipment. The Contractor shall indemnify the Government against any and all liability claims for loss or damage to any Contractor owned or leased property occurring as a result of negligence or omissions by employees or agents of the Contractor or its subcontractor(s) in connection with the performance of work under the terms of this contract.

3.

Responsibility for Property and Equipment Damaged or Lost through no fault of the Contractor or the Government. Property damage or loss that occurs through no fault of either the Contractor, their subcontractors or agents or the Government shall be the responsibility of the party holding title to or having leased the property.

4.

Contractor Actions. The Contractor shall indemnify and hold the Government, its agents and employees, harmless against any financial loss or liability, including costs and expenses, arising from any negligent or wrongful act, or omission, or malpractice, on the part of the Contractor, or any of its agents or employees, during the Contractor’s performance under this contract. The Contractor also agrees that if the Government suffers any financial loss or liability because of any negligent or wrongful act, or omission, or malpractice, by the Contractor, or any of its agents or employees, the Peace Corps may offset any such sums against any money in the Peace Corps’ possession, which would otherwise be due and payable to the Contractor.

6.7 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 the Peace Corps without first consulting with the Contract Officer. Furthermore 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 there of (co-branding) without advance written concurrence of the Contracting Officer.

6.8 PERSONNEL SECURITY REQUIREMENTS

1.

All Contractor and Subcontractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to information and information systems belonging to or being used on behalf of the Peace Corps. This includes providing all requested information and completion of necessary forms for the purpose of processing Contractor personnel for a background investigation deemed sufficient for access to the Peace Corps’ facilities and logical access to the Peace Corps information systems. The Contractor shall be responsible for ensuring compliance with the below requirements by all of the Contractor’s and Subcontractor’s staff. It is the responsibility of the Contractor to provide technically qualified and cleared/security eligible personnel to satisfy this requirement.

2.

In compliance with Homeland Security Presidential Directive 12 (HSPD-12), the Peace Corps will conduct background checks of all new Contractor employees to verify their suitability for access to federal space. If a proposed Contractor employee has an active security clearance granted by another Federal agency, which can be verified through Office of Personnel Management’s Clearance Verification System, and the Contractor employee was processed via HSPD-12 Personal Identity Verification procedures, the proposed Contractor employee will normally not have to be re-investigated.

3.

Contractor employees will be required to submit the following documents at least 14 days prior to the date that they expect to begin work: an OF-306, Fair Credit Release, Tax Check Waiver, two fingerprint cards and photocopies of two IDs (e.g., passport, driver’s license, voter registration card, etc.) taken by the fingerprinting official, and PC-1336 or narrative signed statement indicating whether the individual Contractor or any of the Contractor’s employees who have unescorted access to Peace Corps premises or access to Peace Corps IT networks in performing work for the Peace Corps have been involved in or have had any connection with intelligence activities or related work, and if so, the nature and dates of this involvement. In addition, the COR will submit a Work Access Authorization Form (WAAF) on behalf of each Contractor employee. Upon submission of these documents, the Peace Corps’ Office of Safety and Security (S&S) will usually require the Contractor to complete E-QIP, the online security questionnaire.

4.

Failure to meet the requirement of the PC-1336 will result in the individual contractor being rated ineligible for consideration. Individuals who have been engaged in certain intelligence activity or related work or who have been employed by or connected with an intelligence agency are ineligible to serve as Contractors who have unescorted access to Peace Corps premises or access to Peace Corps IT networks. Acceptance to serve as Contractors who have unescorted access or access to Peace Corps IT networks may preclude employment by certain intelligence organizations for a specific period of time, determined by the employing agency, after the subject Peace Corps work ceases. This contract requires Contractors have unescorted access to Peace Corps premises and/or access to Peace Corps IT networks.

5.

Contractors who have unescorted access to Peace Corps premises or access to Peace Corps IT networks, cannot within the last 10 years (a) have been employed by an Intelligence Agency; (b) have engaged in intelligence activity; or (c) have a relationship with an Intelligence Agency or intelligence activity. The Peace Corps permanently bars from Contractor work which requires unescorted access to Peace Corps premises or access to Peace Corps IT networks any person who has been employed by the Central Intelligence Agency (CIA).

6.

Intelligence Agency is defined as (a) any agency, division of an agency, or instrumentality of the United States Government that is a member of the United States Intelligence Community and (b) any other agency, division of an agency, or instrumentality of the United States Government or any foreign government, a substantial part of whose mission has been determined by the General Counsel to include intelligence activity or related work. This bar on an applicant who is or was employed by an Intelligence Agency applies whether or not the applicant was engaged in intelligence activity for the Intelligence Agency. Intelligence activity is defined as any activities or specialized training involved or related to the clandestine collection of information, or the analysis or dissemination of such information, intended for use by the US Government or any foreign government in formulating or implementing political or military policy in regards to other countries and/or the involvement in covert actions designed to influence events in foreign countries. The fact that the name of an employer or the description of a person’s work uses or does not use the term “intelligence” does not, in and of itself, mean that the person has or has not engaged in intelligence activity or related work. Additionally, employment is defined as the existence of a relationship of employer and employee, whether full-time or part-time, permanent or temporary, whether or not the individual is engaged in intelligence activity for an employer, without regard to the length of time the relationship existed or is proposed to exist, and includes for purposes of this restriction individuals performing duties as volunteers, fellows, interns, consultants, personal services contractors, contractors, and employees of contractors who were assigned to work for an Intelligence Agency or to engage in intelligence activities. Employees of contractors who were or are not themselves assigned to work for an Intelligence Agency or to engage in intelligence activities are not considered to have been or to be employed by an Intelligence Agency.

7.

Additionally, applicants whose background discloses a relationship to an Intelligence Agency or intelligence activity may be ineligible to serve as Contractors who have unescorted access to Peace Corps premises or access to Peace Corps IT networks. The term relationship means any association with an Intelligence Agency or with an intelligence activity, if such association could be the basis for an inference or the appearance that an applicant was engaged in an intelligence activity. The association could include, but not be limited to, one based upon familial, personal, or financial connection to an Intelligence Agency or with an intelligence activity. Determinations of the eligibility or periods of ineligibility of such applicants will be made by the General Counsel on a case by case basis. Except when the CIA or the National Security Agency (NSA) is involved, if a connection with an Intelligence Agency involves an immediate family member who works or has worked in intelligence, the immediate family member should complete the form, not the contractor. If an individual Contractor has an immediate family member who works for or has worked for the CIA, s/he should not give them this PC-1336 form to complete. Rather, she/he must contact the relative in person – not by phone, email, social networking, or any other means that is not in person – and ask him or her to contact the General Counsel at the CIA. If the intelligence connection involves the NSA, the contractor (or, if the connection is with a family member, that person) must contact NSA’s Office of the General Counsel at 410-854-3910 before submitting this PC-1336 form to Peace Corps.

8.

Upon submission of all required documents, the Peace Corps’ Office of Safety and Security (S&S) will conduct required records checks. Following the receipt of the results of those inquiries, a determination will be made as to whether or not the Contractor employee should be given interim access while the remainder of the investigation is completed. If a favorable determination is made, S&S will grant interim access and issue an identification badge that will be used by the Contractor employee to gain access to the Peace Corps facilities. Additionally, the Contractor employee shall abide by all physical requirements of the Agency, e.g. wearing of ID cards, evacuation plans, etc.

9.

Upon the favorable adjudication of the completed investigation, the Contractor employee’s status will be changed from interim to final. If however, during the course of the investigation, an issue is discovered that could impact on granting final unescorted access status or access to Peace Corps information systems, the Contractor employee will be barred from unescorted access to the Peace Corps facilities or IT systems until the precipitating issue can be resolved.

10.

If for any reason, at the sole discretion of the Peace Corps, the Office of Safety and Security denies a Contractor employee final unescorted access, the Contractor shall immediately assign a replacement resource with similar qualifications to provide the required services. The replacement employee will be subject to the requirements of this section.

11.

At the end of the Contractor employee’s performance at the Peace Corps facility, whether at the end of the contract or during the period of performance, the Contractor employee shall turn in his/her Peace Corps issued identification badge to the COR and all individually issued Peace Corps furnished equipment prior to departure. The applicable Peace Corps Staffing Analyst for the COR will promptly remove the Contractor employee from the Peace Corps software tracking systems such as e-mail, Personnel Tracking System (PTS), etc.

12.

Contractors are notified that, should the personnel they provide as part of their quotes not be available for immediate commencement of this requirement in accordance with the Key Personnel Clause and replacement candidates are not provided within 10 calendar days, the Peace Corps reserves the right to unilaterally de-obligate the funds under the contract and solicit a new contractor.

6.9 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.”

6.10 SECTION 508 ELECTRONIC AND INFORMATION TECHNOLOGY (EIT) STANDARDS

The Section 508 standards established by the Architectural and Transportation Barriers Compliance Board (Access Board) are incorporated into, and made part of all the Peace Corps solicitations, orders, and contracts developed to procure Electronic and Information Technology (EIT). These standards are found in their entirety at: http://www.section508.gov and http://www.access-board.gov/sec508/standards.htm. A printed copy of the standards will be supplied upon request. The Contractor shall comply with the following technical standards as applicable:

1194.21 Software applications and operating systems

1194.22 Web-based intranet and internet information and applications

1194.23 Telecommunications products

1194.24 Video and multimedia products

1194.25 Self-contained, closed products

1194.26 Desktop and portable computers

1194.31 Functional Performance Criteria

1194.41 Information, Documentation, and Support

6.11 DATA RIGHTS

a. The definition of “unlimited rights” is contained in Federal Acquisition Regulation (FAR) 27.401, “Definitions.” FAR clause 52.227-14 “Rights in Data-General” (May 2014), is hereby incorporated by reference and made a part of this contract.

b. Government Furnished Data and Materials. The Peace Corps shall retain all rights and privileges, including those of patent and copy, to all Government furnished data. The Contractor shall neither retain nor reproduce for private or commercial use any data or other materials furnished under this contract. The Contractor agrees not to assert any rights at common law or in equity or establish any claim to statutory copyright in such data. These rights are not exclusive and are in addition to any other rights and remedies to which the Government is otherwise entitled elsewhere in this contract.

c. Contractor Produced Data and Materials. All property rights, including publication rights, in the information and materials produced by the Contractor in connection with this contract shall vest in the Government.

6.12 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.

6.13 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.

6.14 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.

6.15 BREACH OF INFORMATION NOTIFICATION REQUIREMENT

In accordance with the Peace Corps’ Manual Section 899, Breach Notification Response Plan, the Contractor shall provide notification of a suspected or known breach promptly (within 4 hours) by calling the Peace Corps’ Domestic Services Help Desk at 1-202-692-1000.

A breach and/or incident means the loss of control, compromise, unauthorized disclosure, unauthorized acquisition, unauthorized access, or any similar term referring to situations where persons other than authorized users and for other than authorized purposes have access or potential access to Personally Identifiable Information (PII) or Covered Information, whether physical or electronic. The Peace Corps’ Manual Section 899 will be incorporated into the resulting contract to provide the definitions of PII and Covered Information. If a suspected or known breach occurs, the Contractor shall work with and provide necessary information, as requested, to the Peace Corps’ Response Team who will respond to the notification.

SECTION 7.

CONTRACT CLAUSES

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): https://www.acquisition.gov/far.

FAR 52.204-7 System for Award Management (Oct 2018)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart 32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart 4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b)

(1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror's name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.t

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing t ime should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of provision)

FAR 52.204-9 -- Personal Identity Verification of Contractor Personnel (Jan 2011)

(a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201.

(b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government;

(1) When no longer needed for contract performance.

(2) Upon completion of the Contractor employee’s employment.

(3) Upon contract completion or termination.

(c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements.

(d) The Contractor shall insert the substance of clause, including this paragraph (d), in all subcontracts when the subcontractor’s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer.

FAR 52.212-4 -- Contract Terms and Conditions -- Commercial Items (October 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its postacceptance rights (1) within a reasonable time after the defect was discovered or should have been discovered; and (2) before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this…