1145PC24Q0019_05.15.24.docx

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

Request for Quotation (RFQ) – Language Proficiency Interview Testing Services

GENERAL INFORMATION

Document Type: Combined Synopsis and Solicitation

North American Industrial Classification System (NAICS): 541930 – Translation and Interpretation Services

Issuing Office:

CONTRACTING OFFICE ADDRESS

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

Agency Contact: Maria C. Coleman, Contracting Officer, E-mail: mcoleman@peacecorps.gov with a copy to: Jubner Severe, E-mail: jsevere@peacecorps.gov

SECTION 1 – DESCRIPTION

1.1 OVERVIEW.

This RFQ is a combined synopsis and solicitation for commercial items prepared in accordance with Federal Acquisition Regulation (FAR) Subpart 13 Simplified Acquisition Procedures and FAR subpart 12.6 Streamlined Procedures for Evaluation and Solicitation for Commercial Items. This announcement constitutes the only solicitation; quotations are being requested, and a separate written solicitation document will not be issued.

The solicitation incorporates clauses and provisions in effect through Federal Acquisition Circular 2024-04 effective 05/01/2024.

All contractors are reminded that, in FAR part 52.204-7, System for Award Management (SAM), they must be registered in the www.sam.gov database when submitting a quote until time of award, during performance, and through the final payment of any contract, basic agreement, basic ordering agreement, or blanket purchase agreement resulting from this solicitation.

The Government Purchase Card may be used as a method of payment on any Call Order in accordance with FAR 52.232-36 Payment by Third Party.

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.

1.2 TERM.

The Peace Corps intends to award multiple award Blanket Purchase Agreements (BPAs) for a five (5) year period of performance as a result of this solicitation with an option to extend the period of performance under FAR 52.217-8 for up to an additional six (6) months. Each BPA award shall be evaluated each year. The Peace Corps may terminate a BPA at any time after notifying the contractor.

1.3 ORDER TYPE.

Call Orders will be Fixed Price (FFP) labor hour, and Time & Material (reimbursement for travel cost and other direct costs).

1.4 BPA ESTIMATED VALUE.

The estimated value of this agreement is $250,000.00 for a total of five (5) years and if exercised, an additional 6-month period of performance. This is not a maximum ceiling amount; it is strictly an estimate and may be exceeded at the discretion of the Government on a unilateral basis. There is no minimum guaranteed dollar amount, quantity, or initial order quantity. The Government is obligated only to the extent of authorized calls ordered under this BPA. This BPA does not obligate funds. Call Orders issued against this BPA, obligate funds.

1.5 ON-RAMPING AND OFF-RAMPING OVERVIEW.

The Peace Corps has determined that the flexibility provided by on-ramping and off-ramping is in their best interest to provide a sufficient number of sources to ensure prompt and efficient performance.

If the Peace Corps determines it is in their best interest to on-ramp, the same procedures used for announcing the initial solicitation will be used for the on-ramping event. Further, on-ramping does not change the ordering period. The period of performance for any new awards is conterminous with the existing term for all other contractors. On-ramping does not change the terms or conditions of the existing BPA or the overall estimated value unless modified via a signed modification.

The on-ramping competition is considered a separate and distinct open procurement; so, any Protests raised during an on-ramping event will not interfere with any new and/or existing Call Order requirements from being reviewed, competed, and/or issued with the original or current Contractor awardee pool.

Although on-ramping and off-ramping is included in this solicitation, there is no mandate in the future to use these flexibilities.

1.5.1 ON-RAMPING.

The Government will review BPA performance and requirements on a regular basis (at least yearly) and determine the necessity of on-ramping. The Government reserves the right to announce and issue a new solicitation for the purposes of: (i) adding additional contractors to expeditiously meet the requirement as the need increases; (ii) increase the small business pool of Contractors; and/or (iii) increase competition. The Government may implement on-ramp procedures at any time by reopening the competition and utilizing the same basis of award established in the initial solicitation. Any resulting BPA(s) awarded will include the same terms and conditions as the current BPAs.

Implementing this procedure will not affect the overall original period of performance.

The basis of the competition during on-ramping may rely upon substantially the same methodology as in the original solicitation. However, Peace Corps reserves the right to update the evaluation criteria with consideration to market conditions, the utility of the criteria, and the specific needs being sought through the on-ramping event.

1.5.2 OFF-RAMPING

The Peace Corps reserves the unilateral right to off-ramp contractors who are no longer needed to meet program objectives. Contractors may be off-ramped from new work even while continuing current work. Off-ramping methods may result from one of the following conditions, (i) The Peace Corps no longer has a requirement appropriate to the contractor’s skills, talents, size, or socio-economic status and/or (ii) Debarment, Suspension, or Ineligibility as defined in FAR Subpart 9.4. C. Failure to meet the standards of performance, deliverables, or compliances.

1145PC24Q0019

LANGUAGE TESTER TRAINERS

SECTION 2 – PERFORMANCE WORK STATEMENT

2.1 BACKGROUND

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

· Improve the lives of people through grassroots assistance,

· Foster a better understanding of Americans on the part of the people served, and

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

All Peace Corps Volunteers must possess reasonable language proficiency of the country or area to which they are assigned. Language instruction is provided to Volunteers as part of their pre-service training and delivered by post-based language instructors. Each Volunteer must pass a Language Proficiency Interview (LPI) once they have completed their pre-service training. The LPI is administered by “tester certified” post-based language instructors. To become a “tester certified” post-based language instructor, they must participate and pass (be certified) in a week-long workshop, comprising approximately 40 hours, that is provided by qualified language tester trainers from Overseas Programming and Training Support (OPATS) or by qualified language tester trainers overseen by OPATS. Each “tester certified” post-based language instructor must retake and pass (be recertified) the workshop every 3 – 5 years to maintain their certification.

To expand our ability to provide in-person or virtual LPI workshops for posts around the world, we are looking to have a network of qualified language tester trainers that can train in English, Spanish, French and/or American Sign Language (ASL). The rigorous nature of language testing requires that language tester trainers are familiar with the American Council on the Teaching of Foreign Languages (ACTFL) guidelines for oral language proficiency interview testing. All other requirements are described in the following sections.

2.2 OBJECTIVE

As a result of this BPA solicitation, we expect to have qualified language tester trainers that can facilitate and lead in-person or virtual LPI tester training workshops for posts around the world. The language tester trainers can train in one or more of the following languages: English, Spanish, French and/or ASL.

2.3 SCOPE

The Peace Corps is contracting for proficient linguists to respond worldwide to meet the requirements outlined in this Performance Work Statement, for the time period of this Blanket Purchase Agreement (BPA), up to five (5) years. As OPATS confirms dates of the workshops with respective posts, we will make those dates available and solicit quotes.

Position Summary

The Language Tester Trainer will prepare for, facilitate, and process the results of tester training to be conducted virtually or at specified Peace Corps posts. Training will be conducted for local Peace Corps staff in how to correctly conduct Peace Corps’ Language Proficiency Interview (LPI) and apply Peace Corps’ LPI rating system to evaluate spoken language. The Language Tester Trainer is responsible for re-certifying previously trained testers, certifying new testers, and providing quality assurance and quality control for post-based language testers.

Duties and Responsibilities

Prior to workshop(s):

1. Work with the OPATS Language Testing Specialist at Peace Corps (PC)/Washington to plan and prep for the workshop(s). Depending on the BPA call, the workshop(s) will be one of the following scenarios:

· In-person workshop, 1 post only

· In-person workshop, 2 posts in back-to-back calendar weeks

· Virtual training More information on each scenario is in the following section.

2. Prepare for travel, if applicable, to include vaccination(s), passport, visas, and travel reservations. The OPATS Program Support Assistant at PC/Washington will provide guidance to the contractor throughout this process.

3. Participate in a conference call with each post at least one week prior to the training. The call will be facilitated by the OPATS Language Testing Specialist at PC/Washington.

4. Transport materials to posts from PC/Washington, if needed (not applicable for virtual workshops) (OPATS mails materials directly to post in most cases).

During workshop(s):

5. Conduct in-person or virtual Peace Corps LPI tester training for each post using the materials supplied by PC/Washington (training manual, audio files, video files, roleplay cards, and PowerPoint slides).

6. Discuss with local Language Coordinator issues of quality control, any specific workshop needs, and LPI standards at each post.

After completing the workshop(s):

7. Within three weeks of the conclusion of the training(s), make arrangements to conduct a conference call with the OPATS Language Testing Specialist at PC/Washington to discuss recommendations for tester certification and overall training feedback. Then, email participant evaluations to the OPATS Language Testing Specialist at PC/Washington with your recommendations. Be sure to carefully review the following criteria for each candidate:

· performance in the tester training

· performance on two interviews conducted by each candidate

· performance on a written theory test

· performance on a listen and rate test

8. Within three weeks of the conclusion of the training(s), email a detailed trip report per workshop (template will be provided) to the OPATS Language Testing Specialist at PC/Washington.

9. Mail all materials supplied by PC/Washington to the OPATS Program Support Assistant at PC/Washington.

10. Mail all participant training evaluations, written assessments, and recorded certification interviews on flash drives to the OPATS Program Support Assistant at PC/Washington.

11. Once the OPATS Language Testing Specialist at PC/Washington confirms that all contract deliverables have been met, they will notify the contractor and OPATS Administrative Officer to complete the invoice payment process.

Scenarios The dates and location of each workshop will be provided in the RFQ and subsequent call order. Sometimes two workshops are scheduled back-to-back in different but geographically proximate countries, and in these defined cases the RFQ would require the same contractor to conduct workshops at both posts in back-to-back calendar weeks. Other times, we would award the contract for just one workshop. Examples are as follows.

1-person workshop, 1 post only example:

The consultancy will consist of eight days between July 1st and July 31st, and is divided as follows:

· One (1) day between July 1stand July 7th, to review PC LPI tester training materials and hold a conference call with post prior to arrival at post. This date is flexible, and all attempts will be made to accommodate schedules for all participants.

· Five (5) consecutive working days (typically Monday-Friday, approx. 40 hours total) of July 8th and July 12th, in-country to conduct LPI tester training workshop and meet with local Language Coordinator at Peace Corps post. These dates are not flexible and will be specifically identified in the call. Contractors must be available for these dates, plus travel days to get to and from the post.

· Two (2) working days between July 13th, and July 31st, to review each candidate and submit recommendations for certification according to performance in the tester training workshop, performance on two interviews conducted by each candidate, performance on written theory test, and performance on listen and rate test. These dates are flexible provided all deliverables are submitted within three (3) weeks after completion of the workshop.

In-person workshop, 2 posts back-to-back example:

The consultancy will consist of sixteen days between July 1st and August 9th, and is divided as follows:

· Two (2) days between July 1st and July 7th, to review PC LPI tester training materials and hold a conference call with each post prior to arrival at post. These dates are flexible, and all attempts will be made to accommodate schedules for all participants.

· Five (5) consecutive working days of July 8th through July 12th in-country to conduct PC LPI tester training workshop and meet with local Language Coordinator at Peace Corps post. These dates are not flexible and will be specifically identified in the call. Contractors must be available for these dates, plus travel days to get to and from the posts.

· Five (5) consecutive working days of July 15th through July 19th in-country to conduct PC LPI tester training workshop and meet with local Language Coordinator at Peace Corps post. These dates are not flexible and will be specifically identified in the call. Contractors must be available for these dates, plus travel days to get to and from the posts.

· Four (4) working days between July 20th and August 9th, to review each candidate and submit recommendations for certification according to performance in the tester training workshop, performance on two interviews conducted by each candidate, performance on written theory test, and performance on listen and rate test. These dates are flexible provided all deliverables are submitted within three (3) weeks after completion of the second workshop.

Virtual training example:

The consultancy will consist of ten days between July 1st and July 31st, and is divided as follows:

· One (1) day between July 1st and July 7th, to review PC LPI tester training materials and hold a conference call with post prior to the training. This date is flexible, and all attempts will be made to accommodate schedules for all participants.

· Three (3) working days, to be distributed across ten part-time training days between July 8th and 26th, to conduct PC LPI tester training. These dates are less flexible.

· Two (2) working days between July 27th and August 2nd to review each candidate and submit recommendations for certification according to performance in the tester training, performance on two interviews conducted by each candidate, performance on a written theory test, and performance on a listen and rate test. These dates are flexible.

Virtual workshops span a 10-day timeframe with approximately three and a half days of contractor work time being distributed across the 10 days. EXAMPLE:

2.4 CONTRACTOR EXPERIENCE – MINIMUM QUALIFICATIONS

Minimum Qualifications for Language Tester Training

1. MA in Teaching English or other languages as a Second/Foreign language, or MA in Linguistics, Applied Linguistics or similar experience with a focus on teaching languages.

1. Certified ACTFL Tester or experience as a Peace Corps LPI Tester Trainer.

1. Experience conducting language tester training.

1. Significant experience in language testing – at least two years experience.

1. Superior proficiency in the language of the training based on ACTFL Proficiency Guidelines (varies by Peace Corps post, to include English, French, Spanish, and/or American Sign Language (ASL).

1. Experience working in multicultural and multilingual contexts outside of the United States of America.

SECTION 3.0 - PACKAGING AND MARKING

3.1 Packaging

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

3.2 Marking

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

3.2.1 BPA Number

3.2.2 Call Order Number

3.2.3 COR

3.2.4 Date of Report

SECTION 4.0 - INSPECTION AND ACCEPTANCE

Inspection and acceptance will be at destination by the technical points of contact in accordance with FAR clause 52.212-4(a). In accordance with FAR 52.212-4(a), the Government has the right either to reject or to require correction of nonconforming supplies and services. Supplies are nonconforming when they are defective in material or workmanship or are otherwise not in conformity with agreement requirements. Services are nonconforming when they are not in conformity with the agreement requirements. The Government may reject nonconforming supplies with or without disposition instructions.

GOVERNMENT-FURNISHED PROPERTY OR EQUIPMENT (GFP/GFE)

OPATS will mail the following training materials to the contractor prior to each workshop:

Materials to be provided:

Training manuals Role-play cards PowerPoint slides Training Audio files Testing Audios files Training Video files Portable Audio recorders (only if not sent directly to post)

SECTION 5 – DELIVERABLES AND/OR PERFORMANCE:

5.1 – Deliverables:

The Contractor shall complete and submit all deliverables within the time specified in the below chart. Peace Corps will review deliverables for quality, completeness, and correctness. The Contracting Officer Representative (COR) will notify the Contractor of any non-conformance or revisions needed before providing final acceptance of deliverables.

The COR has the right to reject or require correction of any deficiencies found in the deliverables. Approval of the COR will come after the review and approval by Agency Stakeholders. Once these reviews are completed, the COR will notify the Contractor of acceptance of the deliverables. In the event of rejection of the deliverables, the COR will notify the Contractor in writing as to the specific reason why the deliverables are being rejected. Reworks or edits shall be delivered to the COR within 5 business days of receiving feedback from COR.

The Contractor is responsible for getting vaccinations, purchasing insurance, ensuring passport validity, and obtaining visas, if applicable.

The OPATS Peace Corps Program Assistant will coordinate with the contractor on travel.

Note: In some cases, Peace Corps may be able to assist with visas.

At least 1-2 weeks prior to workshop, ideally more like 3-4 weeks prior, but will vary based on time of award and post availability

Prepare for the call by reviewing the Peace Corps tester training materials provided to you by OPATS PC/Washington.

At least one week prior to workshop but generally 2 or 3 weeks prior to workshop

Each workshop must be delivered using the materials supplied by PC/Washington (training manual, audio files, video files, roleplay cards, and PowerPoint slides). Be sure to arrive at workshop with all required materials and ensure during the planning call that post has received the materials that are not brought by the trainer.

During the workshop, ensure that a discussion is held with the local Language Coordinator on any issues of quality control, Training of Language Trainers (TOT), and LPI Standards at each post.

Ensure that audio recordings are captured for participant-led interviews and that scored written exams are retained by contractor.

Provide each participant with a training evaluation form (included in training materials) at the conclusion of the event.

Specified workshop dates

· performance in the tester training

· performance on two interviews conducted by each candidate

· performance on a written theory test

· performance on a listen and rate test Within three weeks after training

In cases where two workshops are awarded together and conducted sequentially, the contractor must submit candidate recommendations and trip reports for each training separately.

Within three weeks after training

· All materials supplied by PC/Washington

· Participant training evaluations, written assessments, and recorded certification interviews on flash drives

Within three weeks after training

5.2 Notice of Late Delivery

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

5.3 Period of Performance

The period of performance of this BPA consists of five (5) years. This BPA includes an option to extend the period of performance under FAR 52.217-8 for an additional six (6) months.

5.4 Place of Performance:

The place of performance may be at the contractors facility and virtually and/or at various overseas locations, specified for each individual training will be provided in each individual call order.

SECTION 6 – CONTRACT ADMINISTRATION:

6.1 CONTRACT MANAGEMENT

Contracting Officer Maria C. Coleman 1275 First Street NE Washington, DC 20526 Email: mcoleman@peacecorps.gov

Contracting Officer Representative (COR) Entered at award.

6.2 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.

6.3 TECHNICAL POINT OF CONTACT (TPOC)

The Technical Point of Contact (TPOC) supports and assists the CO in the technical monitoring and administration of this purchase order. The TPOC 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 TPOC 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 TPOC with a copy to the Contract Specialist and CO.

6.4 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.

SECTION 7 – PAYMENT AND INVOICING

INVOICE INSTRUCTIONS (APR 2021)

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.

Invoice delivery and formatting

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

· A separate attachment for each invoice is required;

· The invoice size should be standard 8.5’x11’;

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

· Bill only for one delivery order per invoice;

· Bill for only one option period per invoice;

· Never bill in excess of the contract obligated amount ; and

· Do not bill for state and local taxes unless authorized by law, policy or the CO.

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

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.

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.

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.

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.

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 8 – SPECIAL CONTRACT REQUIREMENTS

8.1 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.

8.2 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.”

8.3 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.

8.4 PROTECTION OF INFORMATION

Security. The Contractor does not require access to classified data; however, the Contractor may require access to information which is to be handled as “For Official Use Only”, and which may be covered by the Privacy Act and the HIPAA. The Contractor shall ensure that staff assigned to this task understand the meaning of these categories of data and handle them accordingly.

Dissemination of Information/Publishing. There shall be no dissemination or publication of information developed under this contract or contained in the reports to be furnished pursuant to this contract, except within and between the Peace Corps, Contractor and any subcontractors.

The Contractor agrees not to divulge 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, subcontractors, and/or consultants needing such information to perform the work described herein, i.e., on a "need to know" basis, without prior written approval of the Peace Corps COR or the CO. The Contractor also agrees to insert the substance of this clause in any consultant or subcontract agreement/contract. The Contractor will immediately notify the CO in writing in the event that the Contractor determines or has reason to suspect a breach of this requirement has occurred.

8.5 BREACH OF INFORMATION NOTIFICATION REQUIREMENT

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

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

8.6 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.

8.7 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.

8.8 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 Federal background investigation deemed sufficient for access to the Peace Corps’ facilities, logical access to the Peace Corps information systems, information, and staff. 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 Federal background checks of all new Contractor employees to verify their suitability for access to federal space. If a proposed Contractor employee has an active background investigation or security clearance granted by another Federal agency, which is sufficient for the Performance Work Statement (PWS) and 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, Background Investigation Clearance Form, Intelligence Background Form, active fingerprints in USACCESS/GSA, narrative signed statement of work indicating whether the individual Contractor or any of the Contractor’s employees who have unescorted access to Peace Corps premises, access to Peace Corps IT networks, information, and staff 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.

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, if necessary due to no recent sufficient Federal background investigation. 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, access to Peace Corps IT networks, information, or staff.

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

8.9 SYSTEM ACCESSIBILITY AND EASE OF USE

Software Accessibility and Ease of Use Section 508 – Electronic and Information Technology (EIT) Standards Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d) as amended by P.L. 105-220 under Title IV (Rehabilitation Act Amendments of 1998) all Electronic and Information Technology (EIT) developed, procured, maintained and/or used under this contract shall be in compliance with the “Electronic and Information Technology Accessibility Standards” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

A printed copy of the standards will be supplied upon request. The Contractor shall comply with the following technical standards as applicable:

1194.21 Software applications and operating systems

1194.22 Web-based intranet and internet information and applications

1194.23 Telecommunications products

1194.24 Video and multimedia products

1194.25 Self-contained, closed products

1194.26 Desktop and portable computers

1194.31 Functional performance criteria

1194.41 Information, documentation, and support

Contractor must provide an Accessibility Conformance Report (ACR) from a completed Voluntary Product Accessibility Template (VPAT®). For more information on creating an ACR using a VPAT®, visit: https://www.section508.gov/sell/how-to-create-acr-with-vpat/.

8.10 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 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 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.

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8.11 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.

8.12 DATA RIGHTS

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

8.13 REIMBURSEMENT FOR REQUIRED TRAVEL

The contractor shall be reimbursed for approved and authorized travel, including lodging, meals, and incidental expenses (M&IE) at the established per diem rates published by the

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

8.14 ORDER OF PRECEDENCE

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

8.15 RECORDS MANAGEMENT OBLIGATIONS

A. Applicability This clause applies to all Contractors whose employees create, work with, or otherwise handle Federal records, as defined in Section B, regardless of the medium in which the record exists.

B. Definitions “Federal record” as defined in 44 U.S.C. § 3301, includes all recorded information, regardless of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them.

The term Federal record:

1. includes Peace Corps records.

2. does not include personal materials.

3. applies to records created, received, or maintained by Contractors pursuant to their Peace Corps contract.

4. may include deliverables and documentation associated with deliverables.

C. Requirements

1. Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a). These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

2. In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

3. In accordance with 36 CFR 1222.32, Contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

4. Peace Corps and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of Peace Corps or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, Contractor must report to Peace Corps. The agency must report promptly to NARA in accordance with 36 CFR 1230.

5. The Contractor shall immediately notify the appropriate Contracting Officer upon discovery of any inadvertent or unauthorized disclosures of information, data, documentary materials, records or equipment. Disclosure of non-public information is limited to authorized personnel with a need-to-know as described in the [contract vehicle]. The Contractor shall ensure that the appropriate personnel, administrative, technical, and physical safeguards are established to ensure the security and confidentiality of this information, data, documentary material, records and/or equipment is properly protected. The Contractor shall not remove material from Government facilities or systems, or facilities or systems operated or maintained on the Government’s behalf, without the express written permission of the Head of the Contracting Activity. When information, data, documentary material, records and/or equipment is no longer required, it shall be returned to the Peace Corps control or the Contractor must hold it until otherwise directed. Items returned to the Government shall be hand carried, mailed, emailed, or securely electronically transmitted to the Contracting Officer or address prescribed in the [contract vehicle]. Destruction of records is EXPRESSLY PROHIBITED unless in accordance with Paragraph (4).

6. The Contractor is required to obtain the Contracting Officer's approval prior to engaging in any contractual relationship (sub-contractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts.