RFQ_Background Investigations-3-24-20.pdf

REQUEST FOR QUOTATION

This is a combined synopsis/solicitation for commercial items in accordance with FAR Part

12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, 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.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-04 effective 15 January 2020.

This solicitation is restricted to small business concerns. The associated North American Classification System (NAICS) code for this procurement is 561611 – Investigation Services with a small business size standard of $20.5M.

This solicitation is a Request for Quotations (RFQs). The Peace Corps intends to establish Multiple Blanket Purchase Agreements (BPAs) to conduct security investigations. The Peace Corps’ objective is to provide a sufficient number of sources, geographically distributed, to ensure prompt and efficient performance of background investigations. Priced BPAs will be established with the responsible contractors whose quotes conform to the requirements outlined in this RFQ. Call orders will be rotated among regionally located contractors with BPAs based on location, Office of Safety and Security (OSS) workload, and Agency need. If a call is placed under a BPA, Peace Corps will reimburse vendors based on the rates as outlined in the BPA.

The Peace Corps intends to acquire background investigation services through multiple award BPAs in the below five (5) regions:

1) North Central Region (NCR) (MN, WI, MI, IL, IN, OH)

2) South East Region (SER) (only states of NC, SC)

3) South West Region (SWR) (TX only)

4) West Region (WR) (CA only)

5) Capital Region (WV, VA, MD, DC)

Prior to BPA award all prospective awardees are required to register in the System for Award Management (SAM) and to maintain active registration during the life of the BPA. SAM can be accessed at https:www.beta.sam.gov.

Contents

SECTION 1.0 – SOLICITATION/CONTRACT FORM

SECTION 2.0 – BPA OVERVIEW

SECTION 3.0 - SUPPLIES OR SERVICES AND PRICES

SECTION 4.0 – STATEMENT OF WORK

SECTION 5.0 - PACKAGING AND MARKING

SECTION 6.0 - INSPECTION AND ACCEPTANCE

SECTION 7.0 - DELIVERIES AND/OR PERFORMANCE

SECTION 8.0 –ADMINISTRATION DATA

SECTION 9.0 – PAYMENT AND INVOICING

SECTION 10.0 – SOLICITATION PROVISIONS, SPECIAL TASK ORDER

REQUIREMENTS AND CLAUSES

SECTION 11.0 – LIST OF APPENDICES AND ATTACHMENTS

SECTION 11.0 – QUOTATION PREPARATION AND SUBMISSION

SECTION 12.0 – EVALUATION CRITERIA AND BASIS OF AWARD

SECTION 1.0 – SOLICITATION/CONTRACT FORM

SECTION 2.0 – BPA OVERVIEW

2.1 - General Information

A BPA is defined by the Federal Acquisitions Regulations as a simplified method of filling anticipated repetitive needs for supplies or services by establishing "charge accounts" with qualified sources of supply. A BPA is not a contract. Supplies or services are ordered by placing calls against the BPA. The contractor provides the supplies or performs the services covered under the BPA in accordance with the BPA Terms of Agreement at the established prices. There will be no minimum or maximum guaranteed quantity. The government is not obligated to make any calls against the BPA.

Agency Contact: Kathleen Kopp: kkopp@peacecorps.gov

RFQ Issue Date: March 16, 2020

Questions Due Date: March 19, 2020

Quote Due Date: March 30, 2020

2.2 Term

For Multiple Award BPAs awarded the term of the BPA is a five-year period of performance with an option to extend the period of performance under FAR 52.217-8 for an additional six

(6) months. Each BPA awarded shall be evaluated each year. The Peace Corps may terminate a BPA at any time after notifying the contractor.

2.3 Order Type

Orders allowed under this BPA will be Fixed Price Labor Hour, and Time & Material (reimbursement for travel, costs or Other Direct Costs).

2.4 BPA and Order Limitations

The estimated price for any BPAs shall not exceed $150,000. Contractors shall provide security and background investigation services if and when requested by the CO or authorized by the Contracting Officer Representative (COR) via a Letter of Instruction (LOI) during the specified period of performance and within the funding limits established. The Government will be obligated only to the extent of authorized call orders and LOIs issued under the BPA. Individual call orders issued shall not exceed $150,000.00.

mailto:kkopp@peacecorps.gov

SECTION 3.0 - SUPPLIES OR SERVICES AND PRICES

The following acronyms are used in this price schedule:

LH –Labor-hour Rate NTE FP – Not-to-Exceed Fixed Price ODC – Other Direct Costs

DATE OF AWARD THROUGH 12 MONTHS

ITEM DESCRIPTION QTY/LOT UNIT

PRICE

AMOUNT

0001 Security Investigation Services in support of Peace Corps Office of Safety and Security (LH)

1/Hour $

0002 Other Direct Costs (See Note A) 1/Lot NTE FP $10,000

YEAR TWO – 12 MONTHS FROM DATE OF AWARD THROUGH 12 MONTHS

ITEM DESCRIPTION QTY/LOT UNIT

PRICE

AMOUNT

0003 Security Investigation Services in support of Peace Corps Office of Safety and Security (LH)

1/Hour $

0004 Other Direct Costs (See Note A) 1/Lot NTE FP $10,000

YEAR THREE – 24 MONTHS FROM DATE OF AWARD THROUGH 12 MONTHS

ITEM DESCRIPTION QTY/LOT UNIT

PRICE

AMOUNT

0005 Security Investigation Services in support of Peace Corps Office of Safety and Security (LH)

1/Hour $

0006 Other Direct Costs (See Note A) 1/Lot NTE FP $10,000

YEAR FOUR – 36 MONTHS FROM DATE OF AWARD THROUGH 12 MONTHS

ITEM DESCRIPTION QTY/LOT UNIT

PRICE

AMOUNT

0007 Security Investigation Services in support of Peace Corps Office of Safety and Security (LH)

0008 Other Direct Costs (See Note A) 1/Lot NTE FP $10,000

YEAR FIVE – 48 MONTHS FROM DATE OF AWARD THROUGH 12 MONTHS

ITEM DESCRIPTION QTY/LOT UNIT

PRICE

AMOUNT

0009 Security Investigation Services in support of Peace Corps Office of Safety and Security (LH)

0010 Other Direct Costs (See Note A) 1/Lot NTE FP $10,000

Note A: The amount represents the NTE FP for actual costs of ODCs (i.e. travel and incidentals) IAW Section 9.12 of the Statement of Work. The NTE FP does not constitute a commitment, implied or otherwise, that the Government will expend the entire amount.

Note B: As a result of this solicitation, multiple Blanket Purchase Agreements (BPA) will be awarded, in accordance with the terms and conditions and the requirements in the resulting

BPA.

SECTION 4.0 – STATEMENT OF WORK

4.1 Objectives

The objective of this BPA is to provide a sufficient number of qualified and capable sources to conduct security investigations in the five regions listed below to ensure prompt and efficient performance of background investigations.

1. North Central Region (NCR) (MN, WI, MI, IL, IN, OH)

2) South East Region (SER) (only states of NC, SC)

3) South West Region (SWR) (TX only)

4) West Region (WR) (CA only)

5) Capital Region (WV, VA, MD, DC)

4.2 Background

4.2.1 Peace Corps Organization

The Peace Corps is an independent federal agency whose mission is to help people of interested countries in meeting their need for trained men and women; to promote a better understanding of Americans on the part of the peoples served; and to promote a better understanding of other peoples on the part of Americans. Peace Corps accomplishes this mission by placing Peace Corps Volunteers into local communities throughout the world. During their two-year service commitment, Volunteers learn the local language, adapt to the local customs, and become an active participant in the life of the communities served.

Established in 1961, the Peace Corps celebrated its 55th anniversary in 2016. The Agency traces its roots and mission to 1960, when then Senator John F. Kennedy challenged students at the University of Michigan to serve their country in the cause of peace by living and working in developing countries.

4.3 General Requirements

The BPA shall provide for the procurement of non-personal service security investigators (herein referred to as “security Investigator(s)” “Investigator(s)”Contractor(s) or “BPA Holder(s)” to conduct background investigations on Peace Corps applicants, employees, and contractors performing sensitive work. Background investigations shall be conducted in compliance with Executive Order 10450 – Security requirements for Government employment, 12968 – Access to Classified Information, as amended, 12958 – Classified National Security Information and 12829 – National Industrial Security Program; the current Federal Investigative Standards, Security Policy Board issuance’s 1-97 – Investigation Standards and 2-97- Adjudication Guidelines; the Privacy Act of 1974; and the 1978 Rights to Financial Privacy Act; pertinent sections of the Peace Corps Act (PL 87-293, 22 USC 2501, et seq.).

The investigations will culminate in the delivery of Reports of Investigations (ROIs) for various types of background investigations. The Peace Corps will use the ROIs to determine an individual’s suitability for positions of trust and/or eligibility for a National Security Position and/or access to classified information.

This Statement of Work (SOW) outlines the services, requirements, security and other expectations of contractors awarded a Background Investigation Services Blanket Purchase Agreement. Call Orders, hereafter referred to as orders, will be issued by the Peace Corps, Office of the Chief Financial Officer, Acquisition and Contract Management. Letters of Instructions (LOIs) will be identified and issued by the Peace Corps Office of Safety and Security, Chief Information and Personnel Security Division (OSS/IPS). Contractor oversight and performance monitoring will be conducted by an OSS representative to include but not limited to, the Contracting Officer Representative (COR).

4.4 Contractor Requirements

1. The contractor must gather, sort, and process data required for assessments of the character, loyalty and reliability of Peace Corps applicants, employees, and contractors.

2. The contractor must obtain needed information about the subject's activities by gathering information regarding employment, residence, education, encounters with law enforcement, and public records via multiple resources as provided in orders issued under this BPA.

3. The contractor must conduct interviews with neighbors, friends, and co-workers (personal and work-related sources).

4. The contractor must provide a verbal report to the COR or designee if new issues surface during the investigation, otherwise upon completion of the investigation the contractor shall submit a written ROI covering the information obtained.

5. The contractor may be asked to carry out a variety of investigative-related duties such as a special investigations project or work as needed on special projects or studies or liaison services with other federal, state, or local agencies.

6. The contractor must have a minimum of five (5) years of experience conducting personnel security background investigative experience working for or on behalf of the United States Government.

7. The contractor shall have successfully completed a Background Investigations course that is compliant with the Federal Investigative Standards (FIS) within the last five (5) years. FIS establishes requirements for conducting background investigations to determine eligibility for logical and physical access, suitability for U.S. Government employment, fitness to perform work for, or on behalf of, the U.S. Government as a contract employee, and eligibility for access to classified information or to hold a sensitive position.

8. The contractor must demonstrate the ability to interact with ease and professionalism with individuals at all levels of Federal, state and local government, and the private sector, even when addressing critical issues in the individual’s background investigation materials.

9. The contractor must demonstrate the ability to communicate effectively orally and in writing by producing quality reports of investigations that meet the scope of the background investigation designated and have few typos, quality, or grammatical deficiencies.

10. The contractor must notify the COR of their availability to accept case assignments within 1 business day of receipt of Letter of Instruction and must have the capacity to accept a minimum of four (4) investigative cases per month, if assigned.

11. The contractor must be ready, willing, and able to complete assignments within the designated suspense periods (period of performance). Designated suspense periods are normally 30 calendar days for a Tier 3 or Tier 5 investigation, 30 calendar days for a Periodic Reinvestigation, and 14-21 calendar days for a Limited Inquiry/Special Investigation.

12. The contractor must be computer literate, proficient in Microsoft © Word and Microsoft © Excel, and have e-mail and scanning capabilities. Contractors must also have access to a scanner capable of scanning documents at the Sensitive But Unclassified (SBU) designated level.

13. The contractor must possess sufficient computer equipment to support orders. All SBU and Personally Identifiable Information (PII) must be properly protected at all times.

14. All letters of Instructions (LOI) must be acknowledged and accepted by the contractor within three (3) working days or the order may be transferred to another BPA holder.

The contractor must be ready, willing, and able to begin assignments within five (5) calendar days of receipt of the LOI; and complete assignments within the designated suspense periods provided in the LOI. All deliverables must be compliant with and as detailed in this BPA and subsequent orders and LOIs.

4.4 Personnel

Background investigators are contracted by the Peace Corps on an individual basis. Though contract investigators may wish to be associated with a corporate entity for legal purposes, e.g.

John Doe, dba Doe Investigations, Inc., all work associated with the contract may only be conducted by the individual with whom the Peace Corps has executed the BPA. No other individuals within or outside a contractor’s corporate entity may perform any work associated with the contract. This restriction includes such activities as typing reports by administrative personnel or a contract investigator’s relative.

4.5 Equipment

1. Background investigators are responsible for providing the necessary equipment to conduct and report investigations. Such equipment may include, but not necessarily be limited to, computers, printers, modems, network connections, facsimile devices, shredders, security containers, service providers, etc.

2. The Peace Corps is not under any obligation to provide equipment for background investigators to meet requirements for conducting or reporting investigations.

3. The Peace Corps does not incur any liability, financial or otherwise, for equipment purchased or maintained by contract investigators.

4. In the event the Peace Corps does issue equipment to background investigators, such equipment remains the property of the Peace Corps and shall be returned to the Peace Corps immediately upon request by the COR.

4.6 Protection and Information

1. Background investigators shall not maintain, retain, or possess any investigative notes, recording or other storage media, documentation, or memoranda concerning any investigation beyond a period established by the COR.

2. Background investigators shall take all reasonable precautions to protect all information concerning the subject of any investigation from unauthorized disclosures.

3. All notes, memoranda or any other substantive information associated with any investigation are the sole property of the Peace Corps and shall be submitted to the COR upon request, or destroyed as directed.

4.7 Performance and Quality Control

1. The COR will monitor the performance of all contractors to ensure he/she completes tasks and meets timeliness goals in accordance with and as issued by the COR via a

LOI.

2. BPA’s must be evaluated annually. The Peace Corps will continuously monitor the performance of each contractor to determine the contractor’s continued eligibility to receive future orders, renewal of the BPA or, if necessary, termination of a BPA.

SECTION 5.0 - PACKAGING AND MARKING

5.1 Packaging

Preservation, packaging, and packing for shipment or mailing of all work delivered hereunder, by other than electronic means, shall be in accordance with the individual call order.

5.2 Marking

Each deliverable and/or report shall include at a minimum, the following information:

5.2.1 BPA Number

5.2.2 Call Order Number

5.2.3 COR

5.3.4. Date of Report

SECTION 6.0 - INSPECTION AND ACCEPTANCE

6.1 Inspection/Acceptance

Inspection and acceptance of services to be furnished hereunder shall be performed at place of performance in accordance with best commercial practices. The Government reserves the right to conduct any inspection and tests it deems reasonably necessary to ensure that the services provided conform in all respects to the order and LOI. Services which upon inspection are found not to be in conformance with this order shall be promptly rejected and notice of such rejection, together with appropriate instructions, will be provided to the Contractor by the COR or COR’s designated representative.

6.2 Acceptance

Acceptance criteria will be defined in each task order; however, general quality measures, as set forth below, will be applied to each work product received from the contractor under this BPA.

1. Accuracy - Work products shall be accurate in presentation, content, and adherence to accepted elements of style.

2. Clarity - Work products shall be clear and concise. Any/all supporting documentation shall be easy to understand and be relevant to the narrative.

3. Consistency to Requirements - All work products must satisfy the requirements of the call order and LOI with emphasis on process and resource optimization.

4. File Editing - All text and diagrammatic files shall be editable by the Government.

5. Timeliness - Work products shall be submitted on or before the due date specified in the BPA task order and LOI.

6. Upon completion of an investigative assignment each contractor must submit the following items in accordance with the LOI issued by the COR.

a. Completed ROI;

b. Invoice; and

c. Any attachments as stated in the ROI or other documents to be included in the investigative file.

6.3 Negative Inspection

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

SECTION 7.0 - DELIVERIES AND/OR PERFORMANCE

7.1 General Requirements

1. While the BPA is the contracting mechanism to allow the Peace Corps to use background investigators when required, the BPA is not, in and of itself, a contract.

Consequently, the Peace Corps is not obligated to purchase any definite amount of services under the BPA, nor is the contractor obligated to perform services for the Peace Corps.

2. When services are required by the Peace Corps under the BPA, a call order will be awarded and a Letter of Instruction (LOI) will be issued by the Contracting Officer Representative to the contractor setting forth the work required and estimated cost. The

COR is not obligated to issue any definite number of LOIs to the contractor. The contractors shall not perform any work for the COR without a properly issued LOI.

3. Upon completion of the work set forth in the LOI, the contractor shall submit an invoice for services in accordance with Section 9.0 – Payment and Invoicing and the call order.

No single invoice may exceed the estimated not-to-exceed amount on the call order in which the LOI was written.

4. The contractor shall complete all investigations and submit any required reports, in the required format, on or before the due date indicated by the COR. Failure to submit thorough reports in the prescribed format or failure to meet due dates may be cause for cancellation of a Contractor’s BPA.

5. The Contractor shall provide all written reports in electronic format with read/write capability using applications that are compatible with Peace Corps Standard Workstation Operating System, currently Microsoft Office ©.

7.2 Primary Place of Performance

The primary place of performance for this BPA is at the contractor’s facility and within one of the five regions background investigation services are required. No on-site work is expected to be provided and must be approved by the COR in advance.

7.3 Notice of Late Delivery

The Contractor shall notify the COR, or other authorized representative designated in each call order and LOI, as soon as it becomes apparent to the contractor that a scheduled delivery will be late. The Contractor shall include in the notification the rationale for late delivery, the expected date for the delivery, and the project impact of the late delivery. Such notification in no way limits any Government contractual rights or remedies including, but not limited to, termination.

SECTION 8.0 –ADMINISTRATION DATA

a. Contracting Officer

Peace Corps Headquarters Office of Acquisition and Contract Management Kathleen Kopp Telephone: 202-692-1175 Email: kkopp@peacecorps.gov

The Contracting Officer is the only person authorized to approve changes in any of the requirements of this BPA issued thereunder and, notwithstanding provisions contained elsewhere in this agreement 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 BPA. 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.

All correspondence concerning matters related to this BPA and subsequent call order shall be addressed to the Contract Specialist and CO with a copy to the COR.

c. Contracting Officer’s Representative Peace Corps Headquarters Office of safety and Security Patti Ulrich, Contracting Officer Representative 1275 First Street, NE Washington, DC. 20526 Telephone: 202-692-1681 Email: pulrich@peacecorps.gov

The COR supports and assists the CO in the technical monitoring and administration of this BPA. The COR will monitor the Contractor’s technical compliance and progress relative to this BPA. Technical direction is defined as direction to the contractor which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of work. Technical direction must be confined to the general scope of work of this order and shall not constitute a new assignment, nor supersede or modify term or condition under the BPA. The COR is NOT authorized to re-delegate his or her authority.

All correspondence concerning technical matters related to this BPA or subsequent Call Order shall be addressed to the COR with a copy to the Contract Specialist and CO.

SECTION 9.0 – PAYMENT AND INVOICING

1. Payment will be made based on authorized orders placed against this BPA.

2. The contractor is required to submit a proper invoice to the Office of Global Accounts

Payable (OGAP) via email at gapdomesticinvoice@peacecorps.gov with a copy to the COR and CO.

The invoice shall include, but not be limited to, the following information:

(1) Name and address of the Contractor

(2) Invoice date and invoice number

(3) Period of performance covered by the invoice

(4) GSA Professional Services Schedule Contract number and Task Order Number

(5) Shipping and payment terms, if any

(6) EFT account/payment information (see below)

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

(8) Signature of the Contractor’s authorized representative

(9) Contractor’s Tax Identification Number (TIN) mailto:gapdomesticinvoice@peacecorps.gov

For questions regarding payments, please send an email inquiry, including the invoice number, Order number, billed amount and date sent to disbursing@peacecorps.gov.

8.1 Invoice Certification

Upon receipt of the invoices, the COR 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 Contracting Officer Representative (COR) will, in addition to following the requirements of the Prompt Payment Act, take steps necessary to resolve the discrepancies with the Contractor.

8.2 Obligation of Funds

The BPA does not obligate any funds. The Government is obligated only to the extent of authorized orders issued under the BPA.

8.3 BPA Close Out

The Contractor shall submit a final invoice within forty-five (45) calendar days after the end of The Performance Period. After the final invoice has been paid the contractor shall furnish a completed and signed Release of Claims to the Contracting Officer. This release of claims is due within fifteen (15) calendar days of final payment.

SECTION 10.0 – SOLICITATION PROVISIONS, SPECIAL TASK ORDER

REQUIREMENTS AND CLAUSES

9.1 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.

mailto:disbursing@peacecorps.gov https://www.acquisition.gov/far

Clause Title 52.204-2 Security Requirements (AUG 1996) 52.204-7 System for Award Management (OCT 2018) 52.212-4 Contract Terms and Conditions – Commercial Items (OCT 2018) 52.216-31 Time and Materials/Labor Hour Proposal Requirements – Commercial

Items (FEB 2007) 52.224-2 Privacy Act (APR 1984) 52.232-39 Unenforceability of Unauthorized Obligations (JUN 2013) 52.233-1 Disputes (MAY 2014) 52.233-4 Applicable Law for Breach of Contract Claim

10.2 52.217-8 Option to Extend Services (NOV 1999) The Government may require continued performance of any services within the limits and at the rates specified in the BPA. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the contractor within 10 days before the BPA expires.

10.3 Loss/Damages

The Peace Corps does not accept responsibility for any damage or loss of the Contractor’s supplies or property, or that of the Contractor’s employees or subcontractors. If any item is shipped to an improper destination or cannot be accounted for by the Contractor, the Contractor shall have the item reprinted and reshipped at its own expense, if required by the Peace Corps.

10.4 Compliance with Federal, State, Local, and Foreign Requirements The Contractor shall comply with all applicable state insurance and license requirements necessary for performance under this contract. The Contractor may also be required to comply with foreign laws. In addition to the insurance and license requirements the Contractor, consultants, and providers shall obtain and maintain all other permits, licenses, etc., that may be required to perform the services set forth in this contract.

10.5 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.”

10.6 Notice to the Government of Delay

In the event the Contractor encounters difficulty in meeting performance requirements, or when he or she anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situation is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer's Representative COR(s), in writing, giving pertinent details; provided, however, that this date shall be information only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.

10.7 Contractor Required Insurance

The Contractor shall maintain, and require participants under the contract to maintain, any and all types of insurance and in amounts considered to be standard in its industry. This may include Workers’ Compensation Insurance.

Peace Corps shall not be held liable for any claims, damages, or lawsuits by the Contractor, or against the Contractor, as a result of the performance of this task order.

The Contractor shall provide proof of all insurance coverage to the CO prior to beginning performance under this contract.

10.8 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.

10.9 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.

10.10 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.

10.11 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 30 minutes) by calling the Peace Corps’ Domestic Services Help Desk at 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.

10.12 Reimbursement for Required Travel

The contractor shall be reimbursed for approved and authorized travel, including lodging, meals, and incidental expenses (M&IE) at the established per diem rates published by the General Services Administration (GSA) in accordance with the Federal Travel Regulations per FAR 31.205-46. Authorized and approved travel expenses will be reimbursed under the applicable Other Direct Cost (ODC) Contract Line Item Number (CLIN). Therefore anticipated travel expenses should not be included in quotes to this RFQ. The Contractor must submit original travel receipts for all travel-related expenses to the COR within 45 days of returns from travel. The COR will review and approve travel expense documentation submitted by the Contractor. The COR determines final adjudication and approval of travel reimbursements. The Contractor shall travel using the lower cost mode transportation commensurate with the mission requirements.

10.13 All Items to Become the Property of the Government

Title to all source data and materials furnished by the Government, together with all plans, designs, reports, materials, programs and documentation thereof and all other items pertaining to the work and services to be performed under orders pursuant to this contract shall become and remain with the Government upon completion. The Government shall have the full right to use each of these for its purposes without compensation or approval on the part of the

Contractor. The Government shall have access to and the right to make copies of the above mentioned items. All proprietary information, programs, etc. shall be indicated as such in the Contractor’s proposal. The identification of information, programs, etc. as proprietary or confidential is for information purposes only and shall not be binding on the Government to prevent disclosure of such information. The offeror is advised that such information may be subject to release upon request pursuant to the Freedom of Information Act (5 U.S.C. 552).

10.14 Confidentiality of Information and Disclosure

The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media furnished 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 provided herein, e.g., on a need to know basis. There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be furnished pursuant to this contract without prior written approval from the Contracting Officer. No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer. The Contractor is prohibited from releasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services performed under this contract until report approval or official review has been obtained. Furthermore, the contractor shall insure that the cover of all interim, draft and final reports contain the following statement: "The view, opinions, and/or findings contained in this report are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation."

The Contractor agrees to immediately notify in writing the Contracting Officer named herein, in the event that the Contractor determines or has reason to suspect a breach of this requirement.

The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

(a)Confidential information, as used in this requirement means (1) information or data of a personal nature proprietary about an individual, or (2) information or data submitted by or pertaining CONFIDENTIALITY to an institution or organization, or (3) information or data pertaining to a law enforcement investigation or operation.

(b)In addition to the types of confidential information described in (a) (1), (2) and (3) above, information which might require special consideration with regard to the timing of its disclosure such as draft budget and strategic plans, studies or research, audits, etc.

(c)The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential.

Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the Disputes clause.

(d)If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of the disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.

(e)Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individual, institution, or organization. Confidential information, as defined in (a)(3) shall not be disclosed without the prior written consent of the Peace Corps.

(f) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in question is subject to the Privacy Act or is confidential information subject to this requirement, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.

(g)Paragraph (e) of this requirement shall not apply when the information is subject to conflicting or overlapping provisions in other Federal, State, or local laws.

10.15 Order of Precedence

Any inconsistencies between the BPA and the orders originating as a result of the BPA must be resolved by giving precedence to the BPA.

10.16 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (Jan 2020)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, 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 (Jul2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i52_203-19 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#id189A70O0P1N https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#unique_252523041 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062680

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 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:

[Contracting Officer check as appropriate.]

__ (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).

_X_ (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 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

__ (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).

_X_ (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).

https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048661 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1048698 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063319 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063504 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1063607 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064087 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064214 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1064243 https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062590 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1062651 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/content/part-52-solicitation-provisions-and-contract-clauses#i1057314 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim

__ (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 Set-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)).

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__ (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 (Oct 2019) (15 U.S.C. 657f).

_X_ (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)).

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

__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2020) (E.O.13126).

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

__ (28) (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246).

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

__ (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.

__ (30) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.793).

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

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

__ (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 (Jan 2019) (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).

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