1145PC23Q0137.pdf
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RFQ 1145PC23Q0137
Guardian Maintenance Services
COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS
Request for Quotation (RFQ) – Guardian Maintenance Services
GENERAL INFORMATION
Document Type:
Combined Solicitation/Synopsis
Solicitation Number: 1145PC23Q0137
Title: Guardian Maintenance Services
Release Date March 24, 2023
Questions Due Date: March 31, 2023
Quotation Close Date: April 14, 2023
Product or Service Code: 6350
Set Aside: Unrestricted
Small Business Size Standard:
North American Industrial Classification System
(NAICS):
$25 Million 561621 - Security Systems Services (except Locksmiths)
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 Simplified Acquisition Procedures per FAR Subpart 13.5 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 effective 3/16/2023. This announcement constitutes the only solicitation, quotations are being requested, and a separate solicitation will not be issued. 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.
The Peace Corps intends to award one Firm Fixed Price (FFP) and Time and Materials (T&M) hybrid purchase order. Support for T&M tasks will be requested when the need arises.
1.0 SUPPLIES OR SERVICES AND PRICE/COSTS
1.1 PRICE STRUCTURE
Contractors shall submit pricing via completed attachment 3 – Pricing Spreadsheet with their quote.
Contractors are required to provide pricing for all Firm Fixed Price (FFP) Contract Line Items (CLINs).
Time and Materials (T&M) CLINs will include a Not to Exceed (NTE) amount. The following acronyms are used in this price schedule:
Contract Line-Item Number (CLIN) Firm Fixed Price (FFP) Time & Material (T&M) Not to Exceed (NTE)
Price Structure See Attachment 3 – Pricing Spreadsheet.
Base Year CLIN Description Quantity Unit Unit Price Total 0001 Firm Fixed Price (FFP) CLIN In
Accordance With (IAW) the Performance Work Statement (PWS), Sections 2.1 - 2.4.
1 Lot $ -
0002 Time and Materials (T&M) CLIN IAW the PWS, Sections 2.5 - 2.6.
Not to Exceed (NTE)$71,758.00 See solicitation Note A.
1 NTE NTE $ -
0003 Optional FFP CLIN IAW the PWS, Section 3.1 - 3.8.
1 Lot $ -
0004 "As Is" Optional CLIN FFP IAW the PWS, Section 3.9 - 3.13.
1 Lot $ -
Base Year Total $ -
Option Year 1
CLIN Description Quantity Unit Unit Price Total 0005 Firm Fixed Price (FFP) CLIN IAW the
PWS, Sections 2.1 - 2.4.
1 Lot $ -
0006 T&M CLIN IAW PWS, Sections 2.5 - 2.6.
NTE $73,910.74
See solicitation Note A.
1 NTE NTE $ -
0007 Optional FFP CLIN IAW the PWS, Section 3.1 - 3.8.
1 Lot $ -
0008 "As Is" Optional CLIN FFP IAW the PWS, Section 3.9 - 3.13.
Option Year 1 Total $ -
Option Year 2 Total
0009 Firm Fixed Price (FFP) CLIN IAW the
PWS, Sections 2.1 - 2.4.
1 Lot $ -
0010 T&M CLIN IAW PWS, Sections 2.5 - 2.6.
NTE $76,128.06
See solicitation Note A.
1 NTE NTE $ -
0011 Optional FFP CLIN IAW the PWS, Section 3.1 - 3.8.
1 Lot $ -
0012 "As Is" Optional CLIN FFP IAW the PWS, Section 3.9 - 3.13.
Option Year 2 Total $ -
Option Year 3 Total
0013 Firm Fixed Price (FFP) CLIN IAW the
PWS, Sections 2.1 - 2.4.
1 Lot $ -
0014 T&M CLIN IAW PWS, Sections 2.5 - 2.6.
NTE $78,411.90
See solicitation Note A.
1 NTE NTE $ -
0015 Optional FFP CLIN IAW the PWS, Section 3.1 - 3.8.
1 Lot $ -
0016 "As Is" Optional CLIN FFP IAW the PWS, Section 3.9 - 3.13.
Option Year 3 Total $ -
Option Year 4 Total
0017 Firm Fixed Price (FFP) CLIN IAW the
PWS, Sections 2.1 - 2.4.
1 Lot $ -
0018 T&M CLIN
NTE $80,764.26
See solicitation Note A.
1 NTE NTE $ -
0019 Optional FFP CLIN IAW the PWS, Section 3.1 - 3.8.
1 Lot $ -
0020 "As Is" Optional CLIN FFP IAW the PWS, Section 3.9 - 3.13.
Option Year 4 Total $ -
Base and All Options Total $ -
Note A: The amount represents the NTE for T&M CLINs. The NTE does not constitute a commitment, implied or otherwise, that the Government will expend the entire amount. The total NTE amount for each year under is listed on the CLIN structure above/ attachment 3 – Pricing Spreadsheet.
1.2 PERIOD OF PERFORMANCE
The period of performance of this purchase order will consist of one (1) base year and four (4) option years. The Government may unilaterally extend the term of this order, by exercising the option periods following the terms specified in FAR 52.217-9. This purchase order includes an option to extend the period of performance under FAR 52.217-8 for an additional six (6) months. The anticipated period of performance is as follows:
Period Period of Performance Base Year: Date of Award through 12 months Option Year 1: Date of Option Exercise through 12 months Option Year 2: Date of Option Exercise through 12 months Option Year 3: Date of Option Exercise through 12 months Option Year 4: Date of Option Exercise through 12 months
1.3 PLACE OF PERFORMANCE
The Contractor shall perform all maintenance activities at the following locations:
Peace Corps Headquarters, 1275 First Street, N.E., Washington, D.C. 20526 Peace Corps remote data center, 44790 Performance Circle, Ashburn, VA, 20147
1.4 DELIVERY REQUIREMENTS
The above items shall be delivered according to the below Period of Performance in Section 7.2. The Contractor shall deliver all software as detailed in Attachment 1 of this task order as follows:
Shipped to:
Peace Corps Attn: Entered at Award.
1275 First Street, NE Washington, DC 20526
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
Technical Points of Contact 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 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 REPRESENTATIVE (COR)
The Contracting Officer Representative (COR) supports and assists the CO in the technical monitoring and administration of this purchase order. The COR will monitor the Contractor’s technical compliance and progress relative to this purchase order. 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 purchase order. The COR is NOT authorized to re-delegate his or her authority.
All correspondence concerning technical matters related to this purchase order 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 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 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;
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 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 will notify the Contracting Officer (CO) and the Contracting Officer and COR will, in addition to following the requirements of the Prompt Payment Act, take steps necessary to resolve the discrepancies with the Contractor.
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 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 2 – Appendix Portfolio, 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 NON-DISCLOSURE
The Contractor shall not publish or disclose in any manner, without the Contracting Officer’s written consent, the details of any safeguards either designed or developed by the Contractor under this order or any other non-public information otherwise provided by the Government.
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 purchase order, 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 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.
4.10 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.
4.11 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 contract.
4.14 INSPECTION & 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.
4.15 PERSONNEL SECURITY REQUIREMENTS
All Contractor and Subcontractor personnel performing work under this contract shall satisfy all requirements for appropriate security eligibility in dealing with access to information and information systems belonging to or being used on behalf of the Peace Corps. This includes providing all requested information and completion of necessary forms for the purpose of processing Contractor personnel for a background investigation deemed sufficient for access to the Peace Corps’ facilities and logical access to the Peace Corps information systems. The Contractor shall be responsible for ensuring compliance with the below requirements by all of the Contractor’s and Subcontractor’s staff. It is the responsibility of the
Contractor to provide technically qualified and cleared/security eligible personnel to satisfy this requirement.
In compliance with Homeland Security Presidential Directive 12 (HSPD-12), the Peace Corps will conduct background checks of all new Contractor employees to verify their suitability for access to federal space. If a proposed Contractor employee has an active security clearance granted by another Federal agency, which can be verified through Office of Personnel Management’s Clearance Verification System, and the Contractor employee was processed via HSPD-12 Personal Identity Verification procedures, the proposed Contractor employee will normally not have to be re-investigated.
Contractor employees will be required to submit the following documents at least 14 days prior to the date that they expect to begin work: an OF-306, Fair Credit Release, Tax Check Waiver, two fingerprint cards and photocopies of two IDs (e.g., passport, driver’s license, voter registration card, etc.) taken by the fingerprinting official, and PC-1336 (which is also referred to as MS 611 Attachment A) or narrative signed statement indicating whether the individual Contractor or any of the Contractor’s employees who have unescorted access to Peace Corps premises or access to Peace Corps IT networks in performing work for the Peace Corps have been involved in or have had any connection with intelligence activities or related work, and if so, the nature and dates of this involvement. In addition, the COR will submit a Work Access Authorization Form (WAAF) on behalf of each Contractor employee. Upon submission of these documents, the Peace Corps’ Office of Safety and Security (S&S) will usually require the Contractor to complete E-QIP, the online security questionnaire.
Failure to meet the requirement of the PC-1336 will result in the individual contractor being rated ineligible for consideration. Individuals who have been engaged in certain intelligence activity or related work or who have been employed by or connected with an intelligence agency are ineligible to serve as Contractors who have unescorted access to Peace Corps premises or access to Peace Corps IT networks.
Acceptance to serve as Contractors who have unescorted access or access to Peace Corps IT networks may preclude employment by certain intelligence organizations for a specific period of time, determined by the employing agency, after the subject Peace Corps work ceases. This contract requires Contractors have unescorted access to Peace Corps premises and/or access to Peace Corps IT networks.
Contractors who have unescorted access to Peace Corps premises or access to Peace Corps IT networks, cannot within the last ten years (a) have been employed by an Intelligence Agency; (b) have engaged in intelligence activity; or (c) have a relationship with an Intelligence Agency or intelligence activity. The Peace Corps permanently bars from Contractor work which requires unescorted access to Peace Corps premises or access to Peace Corps IT networks any person who has been employed by the Central Intelligence Agency (CIA).
Intelligence Agency is defined as (a) any agency, division of an agency, or instrumentality of the United States Government that is a member of the United States Intelligence Community and (b) any other agency, division of an agency, or instrumentality of the United States Government or any foreign government, a substantial part of whose mission has been determined by the General Counsel to include intelligence activity or related work. This bar on an applicant who is or was employed by an Intelligence Agency applies whether or not the applicant was engaged in intelligence activity for the Intelligence Agency. Intelligence activity is defined as any activities or specialized training involved or related to the clandestine collection of information, or the analysis or dissemination of such information, intended for use by the US Government or any foreign government in formulating or implementing political or military policy in regard to other countries and/or the involvement in covert actions designed to influence events in foreign countries. The fact that the name of an employer or the description of a person’s work uses or does not use the term “intelligence” does not, in and of itself, mean that the person has or has not engaged in intelligence activity or related work. Additionally, employment is defined as the existence of a relationship of employer and employee, whether full-time or part-time, permanent or temporary, whether or not the individual is engaged in intelligence activity for an employer, without regard to the length of time the relationship existed or is proposed to exist, and includes for purposes of this restriction individuals performing duties as volunteers, fellows, interns, consultants, personal services contractors, contractors, and employees of contractors who were assigned to work for an Intelligence Agency or to engage in intelligence activities. Employees of contractors who were or are not themselves assigned to work for an Intelligence Agency or to engage in intelligence activities are not considered to have been or to be employed by an Intelligence Agency.
Additionally, applicants whose background discloses a relationship to an Intelligence Agency or intelligence activity may be ineligible to serve as Contractors who have unescorted access to Peace Corps premises or access to Peace Corps IT networks. The term relationship means any association with an Intelligence Agency or with an intelligence activity, if such association could be the basis for an inference or the appearance that an applicant was engaged in an intelligence activity. The association could include, but not be limited to, one based upon familial, personal, or financial connection to an Intelligence Agency or with an intelligence activity. Determinations of the eligibility or periods of ineligibility of such applicants will be made by the General Counsel on a case-by-case basis. Except when the CIA or the National Security Agency (NSA) is involved, if a connection with an Intelligence Agency involves an immediate family member who works or has worked in intelligence, the immediate family member should complete the form, not the contractor. If an individual Contractor has an immediate family member who works for or has worked for the CIA, s/he should not give them this PC-1336 form to complete. Rather, she/he must contact the relative in person – not by phone, email, social networking, or any other means that is not in person – and ask him or her to contact the General Counsel at the CIA. If the intelligence connection involves the NSA, the contractor (or, if the connection is with a family member, that person) must contact NSA’s Pre-Pub Office at 443-634-4095 before submitting this PC- 1336 form to Peace Corps.
Upon submission of all required documents, the Peace Corps’ Office of Safety and Security (S&S) will conduct required records checks. Following the receipt of the results of those inquiries, a determination will be made as to whether or not the Contractor employee should be given interim access while the remainder of the investigation is completed. If a favorable determination is made, S&S will grant interim access and issue an identification badge that will be used by the Contractor employee to gain access to the Peace Corps facilities. Additionally, the Contractor employee shall abide by all physical requirements of the Agency, e.g. wearing of ID cards, evacuation plans, etc.
Upon the favorable adjudication of the completed investigation, the Contractor employee’s status will be changed from interim to final. If however, during the course of the investigation, an issue is discovered that could impact on granting final unescorted access status or access to Peace Corps information systems, the Contractor employee will be barred from unescorted access to the Peace Corps facilities or IT systems until the precipitating issue can be resolved.
If for any reason, at the sole discretion of the Peace Corps, the Office of Safety and Security denies a Contractor employee final unescorted access, the Contractor shall immediately assign a replacement resource with similar qualifications to provide the required services. The replacement employee will be subject to the requirements of this section.
At the end of the Contractor employee’s performance at the Peace Corps facility, whether at the end of the contract or during the period of performance, the Contractor employee shall turn in his/her Peace
Corps issued identification badge to the COR and all individually issued Peace Corps furnished equipment prior to departure. The applicable Peace Corps Staffing Analyst for the COR will promptly remove the Contractor employee from the Peace Corps software tracking systems such as e-mail, Personnel Tracking System (PTS), etc.
Contractors are notified that, should the personnel they provide as part of their quotes not be available for immediate commencement of this requirement in accordance with the Key Personnel Clause and replacement candidates are not provided within ten calendar days, the Peace Corps reserves the right to unilaterally de-obligate the funds under the contract and solicit a new contractor.
4.16 OBTAINING ACCESS TO PROPRIETARY INFORMATION
Prior to gaining access to proprietary information of any other company (which may occur in performing advisory services for the Government), the Contractor shall enter into a specific written agreement with each such company to protect that company's information from unauthorized use or disclosure for as long as such information remains proprietary, and refrain from using the information for any purpose other than that for which it was furnished and required by contract performance. The Contractor shall provide the Government copies of all such agreements and await written approval by the CO to ensure that such agreements have been completed and properly executed prior to the Contractor gaining access to proprietary information.
4.17 DATA SECURITY REQUIREMENTS
The Contractor is responsible for the protection and confidentiality of all Peace Corps technical data and findings. The contractor shall protect the information and information technology resources of the Peace Corps as proprietary to the Peace Corps.
Peace Corps information systems contain sensitive information and contain personal information subject to the Privacy Act of 1974 (PL 93-579 and amendments). It will be the Contractor's responsibility to familiarize and brief employees and subcontractors on the provisions of the Privacy Act. FAR clauses, 52.224-1: "Privacy Act Notification" 52.224-2: "Privacy Act", and 52.224-3: “Privacy Training”, are hereby incorporated by reference.
Contractor activities providing support to the Peace Corps will operate in accordance with agency policies, manual sections, standard operating procedures, and federal regulations, to include IPS 1-17 Information Security Program, and the Federal Information Security Management Act (FISMA).
The Contractor shall ensure all deliverable documents have the following indicated on each page:
“Unclassified// FOR OFFICAL USE ONLY” and shall be handled as such.
SECTION 5.0 – CONTRACT CLAUSES
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 FULL TEXT CLAUSES
5.2.1 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)
5.2.2 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)
5.2.3 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…
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