1145PC23Q0141.pdf

RFQ 1145PC23Q0141

Online Medical Consultation Database Software Subscriptions/ Licenses

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

Request for Quotation (RFQ) – Online Medical Consultation Database (200 Enterprise Software Subscriptions/ Licenses)

GENERAL INFORMATION

Document Type:

Combined Solicitation/Synopsis

Solicitation Number: 1145PC23Q0141

Title: Online Medical Consultation Database (200 Enterprise Software Subscriptions/ Licenses)

Release Date: April 25, 2023

Questions Due Date: May 2, 2023

Quotation Close Date: May 9, 2023

Product or Service Code: 7A21

Set Aside: Unrestricted

Small Business Size Standard:

North American Industrial Classification System

(NAICS):

$41.5 Million 513210 – Software Publishers

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 is seeking to purchase 200 enterprise software subscriptions/licenses to access an online database of medical information. The Peace Corps intends to award one single source Firm Fixed Price

(FFP) purchase order. However, 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.

1.0 SUPPLIES OR SERVICES AND PRICE/COSTS

1.1 PRICE STRUCTURE

All interested companies shall provide quotations for the following:

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

Price Structure

(Fill in the annual FFP total and base and all options FFP total.)

CLIN Description Quantity Unit of Measure

Annual Total

0001 Base Year:

Enterprise software subscriptions/ licenses to access an online database of medical information.

Quantity: 200

1 Lot $

0002 Option Year 1:

Enterprise software subscriptions/ licenses to access an online database of medical information.

Quantity: 200

1 Lot $

0003 Option Year 2:

Enterprise software subscriptions/ licenses to access an online database of medical information.

Quantity: 200

1 Lot $

0004 Option Year 3:

Enterprise software subscriptions/ licenses to access an online database of medical information.

Quantity: 200

1 Lot $

0005 Option Year 4:

Enterprise software subscriptions/ licenses to access an online database of medical information.

Quantity: 200

1 Lot $

Base and All options Total 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 primary place of performance is at the Contractor’s Facility. The Peace Corps shall have virtual access to the Contractor’s website.

SECTION 2.0 – STATEMENT OF OBJECTIVES

2.1 PURPOSE:

The purpose of this acquisition is to (1) provide Peace Corps composited, actionable clinical treatment timelines to be used in medical screening and Volunteer care, (2) ensure that the Medical Officers and nurses throughout Peace Corps headquarters and Posts will have access to an electronic database that provides best practices for the management of health care conditions based on updated, peer reviewed medical research which has been synthesized into practical clinical guidance, especially in areas that specifically affect Volunteer health and well-being, (3) allows all clinicians to simultaneously earn CMEs to maintain their professional certification.

2.2 BACKGROUND:

The Peace Corps is an independent executive agency of the federal government established in 1961 by President John F. Kennedy to promote world peace and friendship through the service of American volunteers abroad. The volunteers’ service fulfills the three primary goals established in the founding legislation:

Improve the lives of people through grassroots assistance;

Foster a better understanding of Americans on the part of the people serve; and

Foster a better understanding of other people on the part of Americans.

Peace Corps Volunteers serve in over 60 countries worldwide. Volunteers must be at least 18 years of age to serve and there is no upper age limit. Volunteers live and work for 27 months in remote and resource limited communities, often without access to electricity, running water or flush toilets. Exposure to pathogens not commonly encountered in the United States is frequent, and medical care and resources comparable to U.S healthcare standards may be limited, particularly for specialty care areas.

Under the Peace Corps Act (22 U.S.C. 2504(e)), the Peace Corps is responsible for ensuring that Peace Corps Volunteers receive all necessary or appropriate health care during their service. To ensure that the Peace Corps will be capable of doing so, Applicants to the Peace Corps must be medically qualified for Peace Corps Volunteer service.

The Peace Corps Office of Health Services (OHS) employs a team of domestic physicians, psychologists, pharmacists, nurse practitioners and nurses who determine medical qualification for service. During the clearance process, the invitee’s previous and current medical conditions are individually reviewed. There are no automatically disqualifying medical conditions, therefore the reviewer may encounter typical and rare diagnoses; previously treated conditions; acute and chronic conditions, or multiple co-morbid or age-related conditions—all of varying stability. During a 4-to-6-month review which culminates in a clearance decision in advance of program departure date, historic and current medical documentation is collected and reviewed for an assessment of follow up needs and risk for exacerbation during service.

During service, medical care is provided by a team of overseas medical providers at each post in consultation with regional medical officers and a team of domestic physicians, psychologists, and nurse practitioners at headquarters who provide field consultation and case management.

This care includes monitoring and management of chronic conditions or previously treated conditions, as well as the diagnosis and management of a wide range of acute illnesses and injuries that occur during service. Many conditions may be related to stressors not commonly encountered in the United States and limitations or delays in accessing high level medical care or specialty care present unique challenges.

In addition, OHS is responsible for the provision of an annual weeklong accredited continuing medical education course for all overseas medical providers.

2.3 SCOPE or MISSION:

The Contractor shall provide database enterprise licenses for 200 users that permit access to an on-line service to assist with clearance determination, patient treatment, care, diagnosis, as well as provide a platform for accruing and tracking Continuing Medical Education (CME) credits. In addition, the Contractor shall work with the Peace Corps’ Office of the Chief Information Officer (OCIO) to enable access via Peace Corps Intranet in accordance with PC security requirements.

2.4 PERIOD AND PLACE OF PERFORMANCE:

The period of performance will be a base year with 4 option years.

2.5 PERFORMANCE OBJECTIVES:

The Peace Corps requires enterprise licensing for OHS to access an on-line database of medical information which is accessible on a 24/7 basis and is available to all medical staff worldwide as well as medical professionals at the Peace Corps Headquarters in Washington D.C. This web- based electronic data will be used by registered nurses, advance practice nurses, physicians, dentists, pharmacists, and psychologists who work in a high volume, time sensitive, clinical environment where swift access to current clinical medical content and resources is needed to:

Objectives:

The product shall offer the user a search experience where the user will immediately be provided a list of either pediatric or adult topics that contain the search term, images or graphics that pertain to the search term, and patient education materials related to the search term.

The product shall allow the searcher to identify synthesized clinical guidance that delivers the recommended evaluation and treatment in an algorithm of timelines and actions as appropriate, resulting in the ability to read composited clinical protocols.

The product shall allow the user to quickly search, in a minimum of 3 languages (English, Spanish, and French) over 11,000 conditions (including conditions not typical to the United States), in 25 various specialty areas, resulting in guidance written and peer reviewed by expert physicians in the medical specialty of the topic/condition.

25 Specialty Areas

1. Adult and Pediatric Emergency Medicine

2. Adult Primary Care and Internal Medicine

3. Allergy and Immunology

4. Anesthesiology

5. Cardiovascular Medicine

6. Dermatology

7. Endocrinology and Diabetes

8. Family Medicine and General Practice

9. Gastroenterology and Hepatology

10. Geriatrics

11. Hematology

12. Hospital Medicine

13. Infectious Diseases

14. Nephrology and Hypertension

15. Neurology

16. Obstetrics, Gynecology and Women’s Health

17. Oncology

18. Palliative Care

19. Pediatrics

20. Psychiatry

21. Pulmonary and Critical Care Medicine

22. Rheumatology

23. Sleep Medicine

24. Sports Medicine

25. Surgery

The product shall be available 24/7 internationally to multiple concurrent user logins (MD, RN, NP, Pharmacists, DMD/DDS) who may have emergency needs to access clinical information Immediately and identify clinical actions including but not limited to testing and treatment.

The product shall deliver clinical searches that identify medical data applicable to complete a health assessment, allowing the user to expeditiously identify and determine clinical management and prognosis of the search term.

The product will include chronic and acute conditions that can be searched to identify composited clinical actions which serve as diagnostic and management guidance and provide a summary of new or changing therapies.

The product shall record and maintain data on user continuing medical education credits so that users can directly view their cumulative CME credit information in a matter of one online session.

The product shall serve as a resource for the development of online seminars and continuing medical education credits including graphics (summary tables, graphs, photos, algorithms, treatment summaries) that can be exported to power point.

Immediately upon searching, the product shall provide the user with patient education materials related to the search term that they can print and provide to the patient.

The product must include immediate access to a drug database, full text medical journals and commonly utilized medical reference books, as well as to tabular representation of clinical information, medical calculators, and interactive decision tree analysis, diagnostic, and case management tools.

Given the inherently tight timelines for data access and review in both the pre-service and in-service settings, the database content shall be accessible through a single step entry of a search term or phrase, so that the user can immediately choose to review a synthesized narrative presentation that covers the etiology, pathophysiology diagnosis, diagnostic testing, recommended treatment with grading of evidence if appropriate, and prognosis, for the condition throughout the volunteer clearance and service period, or graphics associated with the topic.

The product will include customer and technical service 24-hours per day, 7 days per week to meet the needs required at the Peace Corps’ overseas Posts where internet speeds and bandwidth reliability may be limited in remote areas.

Formatting shall always be fully viewable on a variety of devices to include large computer screens, laptop screens, tablets, and smart phones.

2.6 DELIVERABLES:

2.7 PERFORMACNE METRICS

Objective Standard Acceptance Quality Level (AQL)

Monitoring Method

Provides enterprise licensing for OHS to access an on-line database of medical information which is accessible on a 24/7 basis and is available to all medical staff worldwide as well as medical professionals at the Peace Corps Headquarters in Washington D.C.

Meets the parameters established in Section 5.

100% Delivering access to all users.

Confirmation email from vendor that accounts are active.

Confirming with Clinicians that accounts are working.

2.8 ADDITIONAL CONTRACTOR REQUIREMENTS:

The Contractor shall remove PC access data from all system configurations; and provide industry standard compliance recognition upon completion of the contract.

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.

Item No.

Deliverable

Description Frequency Reference Deliver to

Format Due

2 Account Management

Activate full online access to 200 users of the database through enterprise licensing;

All of Section 5

As needed All of Section 5 Users Account Login

Within 5 days of 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 Vendor shall make no publicity announcements or issue other public relations or promotional materials mentioning the Vendor’s connection with Peace Corps without first consulting with the Contracting Officer. Further the Vendor shall not use the Peace Corps name and/or logo in conjunction with, or proximity to, the Vendor’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 Vendor 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 Vendor 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 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 Vendor 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 Vendor 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 Vendor 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.

1. 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.

2. 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.

3. 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.

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].

__ (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).

__ (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).

__ (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)

(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.] __ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter67).

__ (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).

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

2022).

__ (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…