1145PC26Q0002 - Background Investigation RFQ.pdf

REQUEST FOR QUOTE:

1145PC26Q0002 BACKGROUND

This is a combined synopsis/solicitation for commercial items in accordance with FAR Part 12.6 – Streamlined Procedures for Evaluation and Solicitation for Commercial Items, supplemented with additional information included in this notice. This announcement constitutes the only solicitation;

quotations are being requested, and a separate written solicitation document will not be issued. This solicitation is being issued under the authority of FAR Part 13 Simplified Acquisition Procedures.

The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2023-04 effective 2 June 2023.

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

This solicitation is a Request for Quotation (RFQ). The Peace Corps intends to establish Multiple Blanket Purchase Agreements (BPAs) to conduct security investigations. The Peace Corps’ objective is to provide a sufficient number of sources, geographically distributed, to ensure prompt and efficient performance of background investigations. Priced BPAs will be established with the responsible contractors whose quotes conform to the requirements outlined in this RFQ. Call order will be rotated among regionally located contractors with BPAs based on location, Office of Safety and Security (OSS) workload, and Agency need. If a call is placed under a BPA, Peace Corps will reimburse vendors based on the rates as outlined in the BPA\Prior to BPA award, all prospective awardees are required to register in the System for Award Management (SAM) and to maintain active registration during the life of the BPA. SAM can be accessed at https: www.sam.gov.

1. General Information:

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

The purpose of this Multiple award Blanket Purchase Agreement (BPA) is to acquire background investigation services in the following two (2) distinctive regions for the number of investigations identified:

1. West Region (Northern CA, NV, CO – up to 2 investigators)

2. Capital Region (WV, VA, MD, DC – up to 3 investigators)

The government reserves the right to select more investigators per region than identified at the sole discretion of the Contracting Officer.

REQUEST FOR QUOTE

PART I - BLANKET PURCHASE AGREEMENT (BPA) TERMS AND CONDITIONS

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The investigative services will include conducting and documenting personnel security background investigations on applicants and employees of the Peace Corps in accordance with the Section 3 - Performance Work (PWS). To be eligible for award the offeror must reside in the region for which they are submitting a quote.

2. BPA Value:

The Government estimates, but does not guarantee, that the aggregate amount of purchases through this agreement may be $750,000.00 over the life of this multiple award BPA and $150,000.00 per BPA award.

This is not a maximum ceiling amount; it is strictly an estimate and may be exceeded at the discretion of the Government on a unilateral basis. The Peace Corps reserves the right to increase the estimated value of established BPAs without further synopsis. The aggregate amount is applicable for the entire term of the BPA, including all options. There is no minimum guaranteed dollar amount, quantity, or initial order quantity. The Peace Corps is only obligated to the extent of authorized BPA calls placed against the awarded BPA. Each BPA call will be made in accordance with the stated evaluation factors. At a minimum, discounts provided in the original quote will be extended to each call; however, further discounts are requested.

3. Placement of BPA Calls:

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

4. BPA Prices:

The services to be provided under this BPA are for background investigation services for the Office of Safety and Security. Calls will be issued on a labor hour basis to support the Peace Corps.

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

The services available under this BPA and price schedule are delineated on the pricing table as reflected in attachment 3. (To be entered at time of award). Calls are not subject to any upward adjustments of prices during the entire period of performance.

5. Cancellation of BPA:

The Peace Corps reserves the unilateral right to cancel this BPA by providing written notification to the contractor. Cancellation of the BPA does not affect any calls placed which shall be completed as ordered.

6. Call Type

Calls issued under this BPA will be Labor Hour.

7. Period of Performance:

The term of each awarded BPA will be for a period of a five-years period of performance with an option to extend the period of performance under FAR 52.217-8 for an additional six (6) months. The BPA will be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the Federal Acquisition Regulation. The period of performance of these BPAs will consist of a base period (TBD) and three (3), ordering periods of 12 months each as follows:

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YEAR PERIOD OF PERFORMANCE

Base Period TBD

Ordeirng Period 2 TBD Ordering Period 3 TBD Ordering Period 4 TBD

8. On Ramp Procedure:

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 for increased assessments materialize; and (ii) increase the small business pool of Contractors;

and (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 basic contract.

Implementing this procedure will not affect the overall period of performance for the basic agreement.

9. Off Ramp Procedures:

The Government reserves the right to implement off-ramp procedures, which would result in the removal of BPA holders. The criteria for off-ramping may include, but not limited to, BPA holders not proposing on order request(s), not having at least one order award, and/or unsatisfactorily meeting the SOW requirements. If implemented, off- ramp procedures will remove BPA holders by not exercising the next available ordering period or cancelling the BPA.

10. Modifying the BPA:

This Blanket Purchase Agreement shall be changed only by modifying the agreement itself and not by individual calls issued under it. Only the Contracting Officer or their designated successor may modify this BPA.

11. Placement of Calls:

(a) Ordering under this agreement shall be accomplished through issuance of a Call prepared by an authorized Contracting Officer or Ordering Official.

(b) The government will send a request to the vendor via email detailing the number of hours needed for a specified period or time at the established rate for the BPA period of performance. The vendor is then to respond to the email request confirming acceptance.

(c) Once the government receives the vendor’s confirmation email, the government will issue the fully executed Call to the vendor.

(d) Calls will be issued on a labor hour price basis.

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1. Background:

The United States Peace Corps is a 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 American volunteers abroad. The Peace Corps is headquartered in Washington, D.C. It supports and manages more than volunteers in approximately 60 countries worldwide. Since its founding, more than 200,000 volunteers have served in 139 countries throughout the world. For over 50 years, a spirit of service and global outreach has been the foundation of Peace Corps' success and growth and represents the core of its organizational culture.

2. Objectives:

The Vendor shall collect investigative data regarding individuals pursuant to standards and provisions contained in Amending the Civil Service Rules, Executive Order 13488 and Executive Order 13467 To Modernize the Executive Branch-Wide Governance Structure and Processes for Security Clearances, Suitability and Fitness for Employment, and Credentialing, and Related Matters, and Executive Order 12968 Access to Classified Information as amended, along with pertinent sections of the Peace Corps Act (PL 87-293, 22 USC 2501, et seq.), the Freedom of Information Act and the Privacy Act of 1974.

3. Scope:

These BPAs are to conduct personnel security background investigations on applicants and employees of the Peace Corps. The services acquired will allow Peace Corps to obtain needed information about the subject's activities by gathering information regarding employment, residence, education, encounters with law enforcement, and public records via multiple resources, and by conducting interviews with neighbors, friends, and co-workers (personal and work-related sources). Peace Corps Office of Safety and Security, Chief Information and Personnel Security Division (OSS/IPS) or its designee will receive a verbal report if new issues surface during the investigation, otherwise upon completion of the investigation the vendor will submit a written investigative report covering the information obtained, typically within 30 days of assignment or receipt of case papers. Services rendered under these BPAs must be in accordance with Executive Orders 13467, 13488, and 12968 as amended, pertinent sections of the Peace Corps Act, the Freedom of Information Act, and the Privacy Act of 1974.

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

4. Requirements/Tasks:

The Vendor shall perform the following tasks/requirements under the BPA:

a) Conduct personnel security background investigations on applicants and employees of the Peace Corps in accordance with the investigative control and call sheet issued with each case assigned.

b) Take on a minimum of four (4) investigative assignments per month.

c) Other investigative-related duties (as needed) such as:

- Completing Special Investigation Projects;

PART II – REQUIREMENT

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- Travel throughout local reg

5. Qualifications:

a) Have a minimum of five (5) years of experience conducting personnel background investigations for the U.S. Government compliant with current federal Investigative Standards (FIS) from 2012 to present.

b) Offerors shall have successfully completed a Background Investigations course that is compliant with the FIS within the last five (5) years. Understanding requirements of updated FIS under Trusted Workforce (TW) 2.0. FIS establishes requirements for conducting background investigations to determine eligibility for logical and physical access, suitability for U.S. Government employment, fitness to perform work for, or on behalf of, the U.S. Government, and eligibility for access to classified information or to hold a sensitive position. Understanding and training in new Federal investigative standards and types under TW 2.0 is required.

c) Must demonstrate the ability to interact with ease and professionalism with individuals at all levels of Federal, state and local government, and the private sector, even when addressing critical issues in the individual’s background investigation materials. This shall be demonstrated through past performance reference checks and Statements of Qualifications (SOQs).

d) Must demonstrate the ability to communicate effectively orally and in writing by producing quality reports of investigations that meet the scope of the background investigation designated and have few typos, quality, or grammatical deficiencies. This shall be demonstrated by providing a redacted sample report of investigation (ROI) particular to personnel background investigations for a Tier 5, Top Secret, initial background investigation.

6. Deliverables:

The Vendor shall complete all investigations assigned by the required due date listed on the scoping sheet received with case assignment which is typically within 30 calendar days and upon completion of investigation to the Chief, Information and Personnel Security Division (SS/IPS) or COR designee. If new issues are developed during the course of the investigation, provide the Chief or designee with a verbal summary of the investigative results, prior to preparing and submitting the written investigative report. A typed investigative report of the comprehensive investigative findings shall be prepared in the form prescribed by the Chief. All Reports of Investigation (ROIs) must contain appropriate investigative coverage per the FIS and full documentation and addressing of suitability and/or national security issues. All ROIs are subject to Quality Review Standards as developed by the Office of Personnel Management (OPM) and the Office of the Director of National Intelligence (ODNI) to ensure the Federal investigative standards are met.

The Vendor shall complete and forward in within the timeframe designated on the scoping, all required administrative forms and completed ROIs.

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7. Performance Requirement Summary:

The contractor service requirements are summarized into performance objectives that relate directly to mission essential items. The performance threshold briefly describes the minimum acceptable levels of service required for each requirement. These thresholds are critical to mission success.

Primary

Activities Performance Standard Acceptable

Performance Level Method of

Surveillance ** Service Delivery All services shall be provided by date agreed to by the parties

95% of orders delivered within 30-days.

Manual Tracking

Timeliness of Reports of Investigations (ROIs)

ROIs are delivered by the required due date

Only 5% of ROIs are received beyond the required due date indicated on Scoping sheet received with each case

Manual Tracking

Quality of ROIs ROIs do not contain gaps in or missing coverage

95% of ROIs contain all required coverage as outlined in the Federal Investigative Standards

Manual Tracking

Quality of ROIs ROIs are submitted in the appropriate format as requested by the Chief, Information and Personnel Security

Only 5% of ROIs are rejected due to improper formatting

Manual Tracking

Amendment of ROIs ROIs requiring amendments due to gaps in coverage and/or improper formatting are resubmitted by the due date

95% of amended ROIs are returned by the required due date indicated on the updated scoping sheet

Manual Tracking

Contractor Support In dealings with Peace Corps staff, Contractor is professional, timely in response to requests and projects a positive, helpful attitude.

Vendor should receive a minimum of an 80% contractor support score on survey conducted between 10-12 months after contract is awarded or option exercised

Manual Tracking

Invoices Invoices submitted are accurate and complete to facilitate prompt payment

Only 3% of invoices submitted have discrepancies over 12 month period

Manual Tracking

Payment Disputes

Billing is consistent with order and complies with terms of agreement with Card service provider

No more than 1 dispute resolved against the Vendor over 12-month period

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8. Security Considerations

The Vendor performing work under the BPA must meet the following clearance requirements: 1) currently possess an active Top Secret security clearance; 2) must have undergone either a Single Scope Background Investigation (SSBI), Tier 5 background investigation, or a periodic reinvestigation within the past 7 years or enrolled in Continuous Vetting by a government agency;

3) must be willing to undergo a periodic reinvestigation every five (5) years if needed or is enrolled in Continuous Vetting by a government Agency; and, 4) must submit an Optional Form 306 (OF306), Declaration for Federal Employment, along with quote response. The Peace Corps will validate the Vendor’s investigation, adjudication and clearance level through the Defense Counterintelligence and Security Agency’s (DCSA) Central Verification System (CVS).

A prior background investigation conducted by/for another Federal agency may be sufficient, depending upon the recency/adequacy of the investigative coverage.

9. Travel

The Contractor’s investigators shall maintain a current valid driver’s license, a valid U.S. passport and a comprehensive automobile insurance policy. The Government will not reimburse the Contractor for any incurred local travel expenses. All investigators are required to utilize their own private vehicles to perform these services.

10. Inspection and Acceptance

Inspection and acceptance to be performed by the Contracting Officer’s Representative (COR), in accordance with FAR 52.212-4 Contract Terms and Conditions—Commercial Items. 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 contract specifications. Services which upon inspection are not found to be in conformance with BPA and Call Order specifications shall be promptly rejected and notice of such rejection, together with appropriate instructions will be provided to the Vendor by the Contracting Officer.

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1.0 TYPE OF AGREEMENT:

This is a labor hour Blanket Purchase Agreement (BPA).

2.0 INVOICING (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 Contracting Officer’s

• Representative (COR) and/or Technical Point of Contact (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.

PART III – OTHER CONTRACTUAL TERMS AND CONDITIONS

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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.

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 Peace Corps contract reference number, the invoice number, billed amount, due date, and date sent 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.

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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.

3.0 PEACE CORPS TERMS AND CONDITIONS:

CONTRACTING OFFICER’S AUTHORITY:

The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this agreement, and, notwithstanding any provisions contained elsewhere in this agreement, 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 agreement terms and conditions, including price.

CONTRACTING OFFICER’S REPRESENTATIVE:

(a) The COR may be changed at any time by the Government without prior notice to the vendor by a unilateral modification to the agreement.

(b) The responsibilities and limitations of the COR are as follows:

(1) The COR is responsible for the technical aspects of the agreement and serves as technical liaison with the Contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the agreement or individual orders.

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

RESTRICTIONS AGAINST DISCLOSURE

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

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OBTAINING ACCESS TO PROPRIETARY INFORMATION

Prior to gaining access to proprietary information of any other company (which may occur in performing advisory services for the Government), the Contractor shall enter into a specific written agreement with each such company to protect that company's information from unauthorized use or disclosure for as long as such information remains proprietary, and refrain from using the information for any purpose other than that for which it was furnished and required by contract performance. The Contractor shall provide the Government copies of all such agreements and await written approval by the CO to ensure that such agreements have been completed and properly executed prior to the Contractor gaining access to proprietary information.

UPDATING SPECIFICATIONS AND STANDARDS

If, during the performance of this contract, the contractor believes that the contract contains outdated or different versions of any specifications or standards, the Contractor may request that the contract be updated to include the current version of the applicable specification or standard.

Updating shall not affect the form, fit or function of any deliverable item or increase the cost/price of the item to the Government. The contractor must submit written update requests to the Contracting Officer and COR for approval. The contractor shall perform the contract in accordance with the existing specifications and standards until notified of approval/disapproval by the Contracting Officer. Any approved alternate specifications or standards will be incorporated into the contract.

INDEMNIFICATION

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.

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 contract.

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.

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.

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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.

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.”

RIGHTS TO INTELLECTUAL AND/OR CREATIVE DATA

All Contractor’s rights or interests, including but not limited to, rights under copyright laws (federal and otherwise) and copyright common law, in any and all deliverable items, collateral materials, or any other products created or provided under this contract shall hereby be assigned and transferred to the Peace Corps in this contract, including the right to modify same, to use same, and to authorize others to use same in their original or modified form for any purpose.

BREACH OF INFORMATION NOTIFICATION REQUIREMENT

In accordance with the Peace Corps’ Manual Section 899, Breach Notification Response Plan (Attachment 1), the Contractor shall provide notification of a suspected or known breach promptly 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 contract to provide the definitions of PII and Covered Information. If a suspected or known breach occurs, the Contractor shall work with and provide necessary information, as requested, to the Peace Corps’ Response Team who will respond to the notification.

PROHIBITION AGAINST SOLICITING AND PERFORMING PERSONAL SERVICES

The performance of personal services under this contract is strictly prohibited.

Personal service contracting is described in Section 37.104 of the Federal Acquisition Regulations (FAR).

There are a number of factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract.

The Government and the Contractor understand and agree that the support services to be delivered under this contract are non-personal services in nature, that is, no employer-employee relationships exist or will exist under the contract between the Government and the Contractor or between the Government and the Contractor’s employees.

Contractor personnel under this contract shall not:

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a) Be placed in a position where they are appointed or employed by a Federal employee, or are under the supervision, direction, or evaluation of a Federal employee.

b) Be placed in a Federal staff or policy making position.

c) Be placed in a position of supervision, direction, or evaluation over Peace Corps personnel, or personnel of other contractors, or become a part of a government organization.

The services to be performed under this contract do not require the contractor or its employees to exercise personal judgment and discretion on behalf of the Government.

Rules, regulations, direction, and requirements which are issued by Peace Corps management under their responsibility for good order, administration, and security are applicable to all personnel who enter a Government installation. This is not to be construed or interpreted to establish any degree of Government control which is inconsistent with a non-personal services contract.

The Contractor shall immediately advise the Contracting Officer if the contractor or its employees are directed by any Government employee to perform work that the Contractor believes constitutes personal services.

Contractor Management Responsibility. The Program Manager will be the Contractor’s authorized representative for technical and administrative performance of all services required hereunder. The supervisor shall provide the single point of contact through which all Contractor/Government communications, work, and technical direction shall flow. The supervisor shall receive and execute, on behalf of the Contractor, such technical direction as the COR may issue within the terms and conditions of the contract. All administrative support of Contractor technical personnel required to fulfill the tasks assigned under this contract shall be the responsibility of the contractor.

SAFEGUARDING INVESTIGATIVE MATERIAL

The Vendor shall provide secure storage capability for investigative material subject to the approval of the Chief, Information and Personnel Security Division (SS/IPS). It is acceptable for the Vendor to maintain investigative material at their home base due to no inclusion of any classified information.

Investigative materials and information is for restricted use by the Vendor and matters pertaining to the investigation may not be disclosed to unauthorized persons.

The government-issued credential must be kept under reasonable control at all times. Credentials must be returned to the Chief, SS/IPS once association with SS/IPS ceases, or upon demand of the Chief, SS/IPS.

DRUG-FREE WORKPLACE CERTIFICATION

By acceptance of orders under this BPA and payment hereunder, the Vendor confirms his/her certification that he/she will not engage in the manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of this BPA.

ORGANIZATIONAL CONFLICT OF INTEREST (PEACE CORPS)

(a) At the award of this BPA, the Vendor shall certify that it does not have an Organizational

Conflict of Interest in accordance with paragraphs (1) - (2) below:

1) "Organizational Conflict of Interest" means that because of other activities or relationships with other persons, a person is unable or potentially unable to render impartial assistance or advice to the Peace Corps, or the person's objectivity in performing the BPA work is or might be otherwise impaired, or a person has an unfair competitive advantage. "Person" as used herein includes Corporations, Partnerships, Joint Ventures, and other business enterprises. The Vendor certifies that, to the best of its knowledge and belief, it does not have any organizational conflict of interest(s) as defined in paragraph (a) (i). Before submitting the conflict of interest certification, the Vendor shall search its records accumulated, at a minimum, over the past three years.

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(b) If the Vendor cannot so certify, it shall provide a disclosure statement before award which describes all relevant information concerning past, present, or planned interests bearing on whether it (including its chief executives, directors, proposed consultant, proposed subcontractor, etc.) may have a potential organizational conflict of interest.

(c) (1) The Vendor agrees to immediately notify the Peace Corps Contracting Officer’s

Representative (COR) and Contracting Officer of:

i. any actual or potential personal conflict of interest with regard to any of its employees working on or having access to information regarding this contract, or

ii. any such conflicts concerning subcontractor employees or consultants working on or having access to information regarding this contract, when such conflicts have been reported to the Vendor.

2) A personal conflict of interest is defined as any relationship with an employee, subcontractor employee, or consultant with an entity that may impair the objectivity of the employee, subcontractor employee, or consultant in performing the BPA work.

3) The Vendor must certify that its personnel who perform work under this BPA or relating to this BPA have been informed of their obligation to report personal and organizational conflicts of interest to the Vendor.

4) The Vendor agrees to notify the COR and Contracting Officer prior to incurring costs for an employee’s work when an employee may have a personal conflict of interest.

In the event that the personal conflict of interest does not become known until after performance on the BPA begins, the Vendor shall immediately notify the Contracting Officer and COR of the personal conflict of interest. The Vendor shall continue performance of this BPA until notified by the Contracting Officer of the appropriate action to be taken.

(d) The parties to this BPA agree that the Vendor shall be free to compete for BPAs on an equal basis with other companies, except for if the Vendor, under the terms of this BPA, or through the performance of work pursuant to this contract, is required to develop recommendations for specifications, requirements, and/or statements of work, and such recommendations, specifications, requirements, and/or statements of work are partially or fully incorporated into a Peace Corps solicitation. The Vendor shall be ineligible to perform the work described in that solicitation as a prime Contractor, subcontractor, or as a consultant to a prime contractor or subcontractor under a resulting Peace Corps BPA, for a period of three years, unless otherwise authorized by the Contracting Officer. This limitation applies to the Vendor, any affiliate of the Vendor, any subcontractor, consultant, or employee of the Vendor, any joint venture involving the Vendor, any entity into or with which it may subsequently merge or affiliate, or any other successor or assign of the Vendor. This exclusion does not apply to any re-competition for those services furnished pursuant to this

BPA.

(e) As provided in FAR 9.505-2, if the Peace Corps procures a system, component, or services on the basis of work statements growing out of the effort performed under this BPA, from a javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','') source other than the contractor, subcontractor, affiliate, or assign of either, during the course of performance of this BPA or before the three-year period following completion of this BPA has lapsed, the Vendor may, with the written authorization of the cognizant Contracting Officer, participate in a subsequent procurement for the same system, component, or service. In other words, the Vendor may be authorized to compete for procurement(s) for systems, components or services subsequent to an intervening procurement. The Vendor agrees in advance that if any bids/quotes/proposals are submitted for any work that would require written approval of the Contracting Officer in accordance with paragraph (e) above, then the bids/quotes/proposals are submitted at the Contractor’s own risk. Therefore, no claim shall be made against the Peace Corps to recover bid/proposal/quote costs as a direct cost whether the request for authorization to enter into the BPA is denied or approved.

(f) To the extent that the work under this BPA requires access to proprietary or confidential business or financial data of other companies, and as long as such data remains proprietary or confidential, the Vendor shall protect such data from unauthorized use and disclosure.

(g) The Vendor agrees that it shall not release, disclose, or use in any way that would permit or result in disclosure to any party outside the Government any information provided to the Vendor by the Peace Corps during or as a result of performance of this BPA. Further, the prohibition against release of Peace Corps provided information extends to cover such information whether or not in its original form, e.g., where the information has been included in Vendor-generated work or where it is discernible from materials incorporating or based upon such information.

This prohibition shall not expire after a given period of time.

(h) The Vendor shall promptly notify the Contracting Officer, in writing, if it has been tasked to evaluate or advise the Peace Corps concerning its own products or activities or those of a competitor in order to ensure proper safeguards exist to guarantee objectivity and to protect the Peace Corps’ interest.

(i) The Vendor agrees that, if, after award, it discovers an actual or potential organizational conflict of interest, it shall make immediate and full disclosure in writing to the Contracting Officer.

The notification shall include a description of the actual or potential organizational conflict of interest, a description of the action which the Vendor has taken or proposes to take to avoid, mitigate, or neutralize the conflict, and any other relevant information that would assist the Contracting Officer in making a determination on this matter. Notwithstanding this notification, the Peace Corps may terminate the contract for the convenience of the Peace Corps if determined to be in the best interest of the Government.

(j) Notwithstanding paragraph (k) above, if the Vendor was aware, or should have been aware, of an organizational conflict of interest prior to the award of this BPA or becomes, or should become, aware of an organizational conflict of interest after award of this BPA and does not make an immediate and full disclosure in writing to the Contracting Officer, the Peace Corps may terminate this BPA for default.

(k) If the Vendor takes any action prohibited by this requirement or fails to take action required by this requirement, the Peace Corps may terminate this BPA for default.

(l) The Vendor agrees to insert in any subcontract or consultant agreement placed hereunder provisions which shall conform to the language of this clause, unless otherwise authorized by the Contracting Officer. The Vendor shall substitute "subcontractor" for javascript:__doPostBack('ctl00$ctl00$body$homebody$RecentDocuments$C$RecentDocumentsControl$RecentDocumentResults$ctl00$DocumentNumberLink','')

"contractor" where appropriate.

(m) The Contracting Officer's decision as to the existence or nonexistence of an actual or potential organizational conflict of interest shall be final.

(n) The rights and remedies described herein shall not be exclusive and are in addition to other rights and remedies provided by law or elsewhere included in this contract.

(o) Compliance with this requirement is a material requirement of this BPA.

OBSERVANCE OF LEGAL HOLIDAYS

(a) The Government hereby provides NOTICE and the 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 National Independence; 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 BPA. 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 52.243-4(b)).

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4.0 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

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

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov

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