1145PC23Q0111.pdf

1145PC23Q0111

Medical Teleconsultation Program

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

Request for Quotation (RFQ) – Medical Teleconsultation Program

GENERAL INFORMATION

Document Type: Combined Synopsis and Solicitation

Solicitation Number: 1145PC23Q0111

Title: Medical Teleconsultation Program

Release Date: April 10, 2023

Questions Due Date: April 13, 2023

Quotation Due Date: April 18, 2023

Product or Service Code: Q526 - Medical- Medical/Psychiatric Consultation

Set Aside: Unrestricted

Small Business Size Standard: $16 Million

North American Industrial Classification System

(NAICS):

621111 - Offices of Physicians (except Mental Health Specialists)

Issuing Office:

CONTRACTING OFFICE ADDRESS

Peace Corps Headquarters Office of Acquisition and Contract Management 1275 First Street NE Washington, DC 20526

Agency Contact: Maria Anguiano, Contracting Officer, Email: manguiano@peacecorps.gov

This RFQ is a combined synopsis and solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 13.5 Simplified Acquisition Procedures and FAR subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items. The solicitation incorporates clauses and provisions in effect through Federal Acquisition Circular 2023-02 effectives 3/16/2023. This announcement constitutes the only solicitation, quotations are being requested, and a separate solicitation will not be issued.

The Peace Corps is seeking to issue one Blanket Purchase Agreement (BPA) for Medical Teleconsultation Services. Orders under this BPA will be Firm Fixed Price (FFP). The Government is in no way obligated to make an award, nor to pay any costs incurred by the contractor in preparing and submitting its quote.

All contractors are reminded that, in FAR 52.205-7, System for Award Management (SAM), they must be registered and active in the www.sam;gov database PRIOR to submission of a quote.

1.0 SUPPLIES OR SERVICES AND PRICE/COSTS

1.1 PRICE STRUCTURE

Base Period

Description Unit of Measure Unit Price

Level 1 Consultations (Base 25 Consultants) Each

Level 2 Consultation (Base 25 Consultants) Each

Level 1 Consultations (Additional once the base 25 is exceeded) Each

Level 2 Consultation (Additional once the base 25 is exceeded) Each

Renewal Period 1

Level 1 Consultations (Base 25 Consultants) Each

Level 2 Consultation (Base 25 Consultants) Each

Renewal Period 2

Level 1 Consultations (Base 25 Consultants) Each

Level 2 Consultation (Base 25 Consultants) Each

Renewal Period 3

Level 1 Consultations (Base 25 Consultants) Each

Level 2 Consultation (Base 25 Consultants) Each

Renewal Period 4

Level 1 Consultations (Base 25 Consultants) Each

Level 2 Consultation (Base 25 Consultants) Each

1.2 BPA ESTIMATED VALUE

The Government estimates, but does not guarantee, that the aggregate amount of purchases through this agreement may be $823,100.00 over the life of the single award BPA. This is not a maximum ceiling amount; it is strictly an estimate and may be exceeded at the discretion of the Government on a unilateral basis. The Peace Corps reserves the right to increase the estimated value of the BPA without further synopsis. The aforementioned aggregate amount is applicable for the entire term of the BPA, including all renewal periods which may be exercised. There is no minimum guaranteed dollar amount, quantity, or initial order quantity.

1.3 BPA PRICES

The products and/or services to be provided under this BPA are to provide Medical Teleconsultation Services for the Office of Health Services. Call orders will be issued on a FFP basis to support the Peace Corps.

The Contractor shall not invoice the Government at any price higher than the prices established in this BPA.

The services and supplies available under this BPA and price schedule are delineated on Attachment (To be entered at time of award).

Call orders are not subject to any upward adjustments of prices during the entire period of performance.

The BPA is subject to annual review to determine whether:

The BPA still represents the best value.

Estimated quantities/amounts have been exceeded and additional price reductions can be obtained.

1.4 EXTENT OF OBLIGATION

The Government is obligated only to the extent of authorized purchases ordered under the BPA.

1.5 PERIOD OF PERFORMANCE

The period of performance (POP) of this BPA will consist of a base of 12 months and four (4), optional renewal ordering periods of 12 months each. The base ordering period of this BPA is from the effective date of award through twelve months thereafter. The anticipated period of performance is as follows:

YEAR PERIOD OF PERFORMANCE

Base Period Date of Award through 12 months

Renewal Period 1 Date of Renewal Exercise through 12 months

Renewal Period 2 Date of Renewal Exercise through 12 months

Renewal Period 3 Date of Renewal Exercise through 12 months

Renewal Period 4 Date of Renewal Exercise through 12 months

The Government may unilaterally extend the term of this agreement, by exercising the option periods following the terms specified in FAR 52.217-9.

1.6 AUTHORIZED TO PURCHASE UNDER BPA

BPA orders may be issued by any Peace Corps Contracting Officer operating within the limits of their warrant.

1.7 PLACEMENT OF BPA CALL ORDERS

Ordering under this agreement shall be accomplished through issuance of BPA call orders prepared by an authorized Peace Corps Contracting Officer operating within the limits of their warrant. The contractor shall provide products and/or services as directed in call orders in accordance with the BPA terms and conditions.

1.8 EXCUSABLE DELAYS

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

1.9 REPORTS AND DELIVERABLES

Reports and deliverables will be specified at the Call Order level.

1.10 PACKAGING AND MARKING

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

Each deliverable shall be accompanied by a letter or other document that identifies the item by agreement/contract number/or name of publication under which the item is being delivered.

1.11 INSPECTION AND ACCEPTANCE

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

1.12 NOTICE REGARDING LATE DELIVERY

The Contractor shall notify the appointed COR via email as soon as it becomes apparent to the Contractor that scheduled delivery will be late. The Contractor shall include the notification and rationale for late delivery, the expected date for the delivery and the project impact of the late delivery. The COR will review the new schedule and provide guidance to the Contractor. Such notification in no way limits any Government contractual rights or remedies including but not limited to termination.

SECTION 2.0 – PERFORMANCE WORK STATEMENT

See Attachment 1 – Performance Work Statement.

SECTION 3.0 – CONTRACT ADMINISTRATION

3.1 CONTRACT MANAGEMENT

Contracting Officer Maria Anguiano 1275 First Street NE Washington, DC 20526 Email: manguiano@peacecorps.gov

Contracting Officer Representative (COR) Entered at award.

Contractor Point of Contact Entered at award.

3.2 CONTRACTING OFFICER’S AUTHORITY

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

3.3 CONTRACTING OFFICER RPRESENTATIVE

The COR supports and assists the CO in the technical monitoring and administration of this BPA and resultant orders. The COR will monitor the Contractor’s technical compliance and progress relative to this BPA and resultant orders. Technical direction is defined as direction to the contractor which fills in details, suggests possible lines of inquiry, or otherwise supplements the Performance Work Statement. Technical direction must be confined to the general scope of work of this BPA and resultant orders and shall not constitute a new assignment, nor supersede or modify term or condition under the contract. The COR is NOT authorized to re-delegate his or her authority. The COR may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the BPA.

The responsibilities and limitations of the COR are as follows:

The COR is responsible for the technical aspects of the BPA and serves as technical liaison with the Contractor. The COR, or his/her designated alternate, is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the BPA.

The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the BPA/Order price, terms or conditions. Any Contractor request for changes shall be referred to the Contracting Officer directly. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR (s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

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

3.4 INTERPRETATIONS OF MODIFICATIONS

No oral or written statement of any person and no written statement of anyone other than the CO shall modify or otherwise affect the terms and conditions of this agreement or contract. Requests for interpretations, modifications or changes must be made in writing to the CO. The technical point of contact can only respond to technical matters that do not result in a change of scope to this agreement or contract.

3.5 INVOICE INSTRUCTIONS (APR 2021)

3.5.1 Minimum requirements for a PROPER INVOICE:

Complete contract number, including task/delivery/call order number (if applicable);

Name and address of the Contractor;

Invoice date and invoice number;

Description of supplies/products/services provided;

Quantity of services/supplies provide;

Period of performance covered by the invoice;

Unit of issue, as specified in the Contract Line Item Number (CLIN), and/or Schedule of services;

Unit price and extended total, for each CLIN;

Invoice total;

Shipping and payment terms, (as applicable);

Electronic funds transfer (EFT) account/payment information;

Signature of the Contractor's authorized representative;

Contractor's Tax Identification Number (TIN); and Any other contract-directed requirements.

In the event that an invoice is “improperly” submitted (e.g. incorrect contract/order number, invoice amount, labor categories, contract rates, CLINs, etc.) it will be rejected as an improper invoice and returned to the contractor. Also, an invoice is considered improper if it is received before the product or service is received, inspected and accepted by the COR.

3.5.2 Invoice delivery and formatting

Invoices shall be in PDF format and forwarded via email to GAPdomesticinvoice@peacecorps.gov with a copy to the COR and/or TPOC;

A separate attachment for each invoice is required;

The invoice size should be standard 8.5’x11’;

The representative signing the invoice must also print his/her name, direct phone number and email address on the invoice;

Bill only for one delivery order per invoice;

Bill for only one option period per invoice;

Never bill in excess of the contract obligated amount ; and Do not bill for state and local taxes unless authorized by law, policy or the CO.

3.5.3 Invoice Certification

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

3.5.4 Invoice Payment

For the purposes of this subsection, “invoice payment” is a Government disbursement of moneys to the Contractor under this contract for products and/or services which are received, inspected, and 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.

3.5.4.1 Applicable to time and material and labor hour contracts

The following backup information is required as an attachment to the invoice as shown by category of cost:

(1) Direct Labor - Identify the number of hours (by contractor labor category and total) and the total direct labor hours billed for the period of the invoice.

(2) Subcontracts - Identify the major cost elements for each subcontract.

(3) Other Direct Costs - When the cost for an individual cost (e.g., photocopying, material and supplies, telephone usage) exceeds $1,000 per the invoice period, provide a detailed explanation for that cost category.

(4) Indirect Cost Rates - Identify by cost center, the indirect cost rate, the period, and the cost base to which it is applied.

(5) Contractor Acquired Equipment - Identify by item the quantities, unit prices, and total dollars billed.

(6) Contractor Acquired Software - Identify by item the quantities, unit prices, and total dollars billed.

(7) Travel - When travel costs exceed $2,000 per invoice period, identify by trip, the number of travelers, the duration of travel, the point of origin, destination, purpose of trip, transportation by unit price, per diem rates on daily basis and total dollars billed. Detailed reporting is not required for local travel.

Any costs requiring advance consent by the Contracting Officer will be considered improper and will be disallowed, if claimed prior to receipt of Contracting Officer consent.

For questions regarding payments, please send an email inquiry, including the contract number and order number (if applicable), the invoice number, billed amount, due date, and date sent via email to Disbursing@peacecorps.gov.

3.5.5 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.

3.5.6 Final Invoice

The Contractor’s final invoice submitted under the contract must be marked as follows: THIS

INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO

OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award).

Upon receipt of final payment, the contractor agrees to complete a “Release of Liability” within 10 days from date “Release of Liability” is received from the CO.

3.5.7 Unliquidated Obligations (ULO)

An unliquidated obligation (ULO), for this purpose, represents the amount of goods or services ordered by the Peace Corps for which payment has not been made (liquidated). The parties agree that any remaining ULO amount equal to or less than $100 for which 1) the performance period has expired and

2) the final invoice has been received will be unilaterally de-obligated via a modification to the contract.

SECTION 4.0 – SPECIAL CONTRACT REQUIREMENTS

4.1 USE OF PEACE CORPS NAME OR LOGO

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

4.2 RESTRICTION ON ADVERTISING

The Contractor shall not refer to this agreement or 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.”

4.3 PRIVACY ACT

The Contractor, in the course of performing this requirement, will be the custodian of, and therefore inherently will have access to, personally identifiable information (PII) and files protected under the Privacy Act. Such information shall be kept secure whether it is in electronic or paper form. Privacy Act systems of records include paper & electronic records that the Peace Corps controls, and/or which are collected for the

Peace Corps. Such records contain personal information about individuals which are accessed by name or any other personal identifier. The Contractor shall treat any material or records that contain personal information on an individual, whether filed in a system of records or any other Agency file, in a confidential manner. There are penalties under the Privacy Act if information is improperly disclosed.

4.4 BREACH OF INFORMATION NOTIFICATION REQUIREMENT

In accordance with the Peace Corps’ Manual Section 899, Breach Notification Response Plan attachment 4, 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 order 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.

4.5 RESTRICTIONS AGAINST DISCLOSURE

The Contractor agrees, in the performance of this agreement or contract, to keep the information furnished by the Government or acquired/developed by the Contractor under this contract or any other nonpublic 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.

The Contractor agrees that it will not disclose any information 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.

4.6 INDIVIDUALS/ENTITIES ENGAGED IN INTELLIGENCE ACTIVITIES

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

4.7 OBSERVANCE OF LEGAL HOLIDAYS

(a) The Government hereby provides NOTICE and Contractor hereby acknowledges RECEIPT that Government personnel observe the listed days as holidays:

New Year's Day Martin Luther King's Birthday President's Birthday

Memorial Day Juneteenth Independence Day Labor Day Columbus Day Veteran's Day Thanksgiving Day Christmas

(b) In addition to the days designated as holidays, the Government observes the following days:

Any other day designated by Federal Statute Any other day designated by Executive Order Any other day designated by the President's Proclamation

(c) It is understood and agreed between the Government and the Contractor that observance of such days by Government personnel shall not otherwise be a reason for an additional period of performance, or entitlement to compensation except as set forth within the purchase order. If a Contractor believes that an unplanned absence impacted the price or period of performance they should notify the contracting officer of the changed condition and submit a claim for equitable adjustment (see FAR 52.212-4(d) and (f)).

(d) Nothing in this clause abrogates the rights and responsibilities of the parties relating to a stop work provisions as cited in other sections of this purchase order.

4.8 RELEASE OF CLAIMS

(a) At the conclusion of the BPA, and prior to final payment, the Contractor shall furnish to the Contracting Officer, a release of claims against the United States arising out of the order placed, other than claims specifically excepted from the operation of the release. Copies of the required form may be obtained from the Contracting Officer.

4.9 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.

4.10 PEACE CORPS GOVERNMENT-CONTRACTOR RELATIONS –NON-PERSONAL

SERVICES CONTRACT

(a) The Government and the Contractor understand and agree that the services to be delivered under this contract by the Contractor to the Government are non-personal services as defined in FAR Part 37, Service Contracting, and the parties recognize and agree that no employer-employee relationship exists or will exist under the agreement or contract between the Government and the Contractor’s personnel. It is, therefore, in the best interest of the Government to afford both parties an understanding of their respective obligations.

(b) Contractor personnel under this contract shall not:

(1) Be placed in a position where they are under relatively continuous supervision and control of a Government employee.

(2) Be placed in a position of command, supervision, administration, or control over Government personnel or over personnel of other Contractors performing under other Peace Corps contracts.

(c) The services to be performed under this agreement or contract do not require the Contractor or the Contractor’s personnel to exercise personal judgement and discretion on behalf of the Government. Rather, the Contractor’s personnel will act and exercise personal judgement and discretion on behalf of the Contractor.

(d) Rules, regulations, directives, and requirements that are issued by the Peace Corps under its responsibility for good order, administration, and security are applicable to all personnel who enter the Government installation and facilities, who are provided access to Government systems, or who travel on Government transportation. This is not to be construed or interpreted to establish any degree of Government control that is inconsistent with a non-personal services contract.

(e) Both parties are responsible for monitoring agreement or contract activities for indications of improper employee-employer relationships during performance. In the event a situation or occurrence takes place inconsistent with this agreement or contract language, the following applies:

(1) The Contractor shall notify the Contracting Officer in writing within 5 business days from the date of any situation or occurrence where the Contractor considers specific contract activity to be inconsistent with the intent of this contract language. The notice must include the date, nature and circumstance of the situation or occurrence, the name, function and activity of each Government employee or Contractor employee involved or knowledgeable about the situation or occurrence, provide any documents or the substance of any oral communications related to the activity, and an estimated date by which the Government is recommended to respond to the notice in order to minimize cost, delay, or disruption of performance.

(2) The Contracting Officer will review the information provided by the Contractor, obtain additional information (if needed), and respond in writing as soon as practicable after receipt of the notification from the Contractor. The Contracting Officer’s response will provide a decision on whether the Contracting Officer determines the situation or occurrence to be inconsistent with the intent of this contract language and, if deemed necessary, will specify any corrective action(s) to be taken in order to resolve the issue.

4.11 ORGANIZATIONAL CONFLICT OF INTEREST

a. The Contractor will be required to warrant that, to the best of its knowledge and belief, and except as otherwise set forth in the contract, it does not have any organizational conflict of interest as defined below.

The term "organizational conflict of interest" means a situation where a Contractor has interests, either due to its other activities or its relationships with other organizations, which place it in a position that may be unsatisfactory or unfavorable (a) from the Government's standpoint in being able to secure impartial, technically sound, objective assistance and advice from the Contractor, or in securing the advantages of adequate competition in its procurement; or (b) from industry's standpoint in that unfair competitive advantages may accrue to the Contractor in question.

b. The Contractor agrees that if after award of the contract it discovers an organizational conflict of interest the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer that shall include a description of the action that the Contractor has taken or proposes to take to avoid, eliminate or neutralize the conflict. The Peace Corps may, however, terminate the contract for the convenience of the Government if it would be in the best interest of the Government.

c. If the Contractor was aware of the organizational conflict of interest before award and intentionally did not disclose the conflict to the Contracting Officer, the Peace Corps may terminate the contract at no cost to the Government.

d. Offerors are reminded that certain existing contractual arrangements may preclude, restrict or limit participation, in whole or in part, as either a subcontractor or as a Prime Contractor under this competitive procurement. Of primary concern are those contractual arrangements in which the Offeror provides support to the Peace Corps Office of the Chief Information Officer (OCIO), or Office of the Chief Financial Officer (OCFO) in support of the operation of the office or any of its programs. General guidance may be found in

FAR 9.505.

4.12 INDEMNIFICATION

a. Responsibility for Government-owned or leased Property and Equipment. During performance, the Contractor shall be responsible for all negligent acts or omissions 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.

b. 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 agreement or contract.

c. 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.

d. 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.

4.13 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 BPA.

SECTION 5.0 – CLAUSES AND PROVISIONS

5.1 FAR 52.252-2 – CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

The following FAR clauses are incorporated 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 addresses: https://www.acquisition.gov/far/index.html

FAR 52.203-12

FAR 52.204-13

Limitation on Payments to Influence Certain Federal Transaction (Jun 2020) System for Award Management Maintenance (Oct 2018)

FAR 52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020) FAR 52.204-19 Incorporation by Reference of Representations and Certifications.

(Dec 2014) FAR 52.212-4 Contract Terms and Conditions -- Commercial Items (Dec 2022) FAR 52.232-39 Unenforceability of Unauthorized Obligations (June 2013)

5.2 FAR 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 contract. 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 5 days before the end of the contract Period of Performance.

(End of Clause)

5.3 FAR 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within five (5) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least five (5) days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

(End of Clause)

5.4 FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR 2023)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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 products and commercial services:

[Contracting Officer check as appropriate.] _X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN

2020), with Alternate I (NOV 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509)).

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

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN

2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

_X_ (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. (NOV 2021) ( 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) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022)

( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved] __ (14)

(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15)

(i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) ( 15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

X__ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

(i) 52.219-9, Small Business Subcontracting Plan (OCT 2022) ( 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 (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18)

(i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) ( 15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP

2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT

2022) ( 15 U.S.C. 657f).

__ (22)

X(i) 52.219-28, Post Award Small Business Program Rerepresentation (MAT

2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 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 (OCT 2022) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR

2020) ( 15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

_X_ (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (DEC

2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

__ (30)

X(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

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

__ (31) X (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (32) X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) ( 29 U.S.C. 793).

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

_X_ (33) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC

2010) (E.O. 13496).

__ (35) X (i) 52.222-50, Combating Trafficking in Persons (NOV 2021) ( 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).

_X_ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items

(May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s

13423 and 13514).

__ (ii) Alternate I (OCT 2015) of 52.223-13.

__ (41)

(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (OCT

2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (JUN 2014) of 52.223-16.

_X_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)

X (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48)

(i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (DEC 2022) ( 19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (DEC 2022) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007)

( 42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV

2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award

Management (OCT2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) ( 31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

_X_ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (63)

X (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, 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 products and commercial services:

[Contracting Officer check as appropriate.] _X_ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

X__ (2) 52.222-42, Statement of Equivalent Rates for Federal

Hires (MAY 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (AUG 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

_X_ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020)

( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) ( 41 U.S.C. 3509).

(ii) 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)).

(iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (NOV 2021) (Section 1634 of Pub. L. 115-91).

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(vi) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

(vii) 52.222-26, Equal Opportunity (SEP 2015) (E.O.11246).

(viii) 52.222-35, Equal Opportunity for…