Combined_Syn-Sol_PC-17-Q-009_Background_IS_(8.15_v3)_-_final.pdf

November 11, 2016

Request for Quote (RFQ) No. PC-17-Q-009, Background Investigation Services

Dear Offerors:

The Peace Corps in Washington, DC, invites vendors to submit a quote for investigative services as described in the attached statement of work. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This synopsis/solicitation is issued for commercial services in accordance with FAR Part 13—Simplified Acquisition Procedures. The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular (FAC) 2005-91-1 effective October 31, 2016.

This RFQ is a 100% Small Business set aside under NAICS code 561611 Investigation Services with a small business size standard of $20.5 million. The Government intends to award multiple Blanket Purchase Agreements (BPAs) for Background

Investigation Services.

Please submit any questions regarding this RFQ to apathak@peacecorps.gov and pevans@peacecorps.gov by November 14, 2016 at 5pm EST. Quotes in response to this request must be submitted to Peace Corps no later than November 17, 2016, 11:00AM

(EST) to apathak@peacecorps.gov and pevans@peacecorps.gov. Quotes must follow all instructions provided within and will be assessed against the evaluation criteria outlined in this RFQ. Please ensure you list your DUNS number and small business status on your quote as well as all other relevant information to identify you.

Claudia Patricia Evans

Contracting Officer Office of Acquisitions and Contract Management (OACM)

Peace Corps mailto:apathak@peacecorps.gov

SECTION 1 - GENERAL INFORMATION

The Peace Corps intends to acquire investigate services through multiple award BPAs in two distinctive regions:

1) North Central Region (NCR) (MN, WI, IL, IN, MI, OH – 2 investigators)

2) South West Region (SWR) (UT, CO, KS, OK, NM, TX – 1 investigator)

The investigative services will include conducting and documenting personnel security investigations on applicants and employees of the Peace Corps in accordance with the attached Statement of Work (SOW).

To be eligible for award the offeror must reside in the region for which is submitting a quote. The Vendor shall obtain information about the subject’s activities by gathering information regarding employment, residence, education, encounters with law enforcement, and public records via multiple resources. In addition, the Vendor shall conduct interviews with neighbors, friends, and co-workers (personal and work-related sources). After gathering information on the subject’s activities, the Vendor shall provide a preliminary verbal summary report to the Chief, Information and Personnel Safety/Security Division or designee. Subsequently, the Vendor shall prepare and submit to IPS a typed investigative report of the results. The Vendor will carry out a variety of investigative-related duties such as a special investigations project, security briefings, reviewing completed personnel security investigations, scheduling cases, conducting security inspections, work as needed on special projects or studies, or liaison services with other federal, state, or local agencies.

SECTION 2 - SUPPLIES OR SERVICES AND PRICES

2.1 CONTRACT TYPE

The Peace Corps, Office of Security and Safety (OSS) anticipate the establishment of a multiple award Far Part 13 BPAs as a result of this RFQ for Background Investigation Services. The resultant BPA will not obligate any funds. The Calls will be issues as investigations are needed and government Purchase card will be used ad method of payment. To be eligible for award, Vendors must accept the Government Purchase Card (GPC).

2.2 PRICES

The price table below shall be used by the vendor to submit its price quote. Offerors must propose and price the complete requirement, including options, in order to be eligible for award. Investigators will be compensated for their labor in accordance with the labor hour proposed. Travel will be authorized under the BPA by the COR in writing when needed and will be reimbursed at cost in accordance with the Federal Travel Regulations;

travel does not need to be proposed as part of your price quote.

Proposed fully Burden Hourly Rate

Base Year Option 1 Option 2 Option 3 Option 4

Unit Price Unit Price Unit Price Unit Price Unit Price

Background Investigation Services (in accordance with Section 3)

All call orders placed under this BPA are not subject to any upward adjustment during the term of the BPA. Spot discounting is encouraged. The prices will be reviewed annually, and is required to determine whether prices offered are appropriate in accordance with the agreement.

SECTION 3 - STATEMENT OF WORK

3.1 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. with 9 regional offices within the United States. It supports and manages more than 9,095 volunteers in approximately 70 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.

3.2 OBJECTIVE

The Vendor shall collect investigative data regarding individuals pursuant to standards and provisions contained in Executive Orders 10450 and 12968 as amended, 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.

3.3 SCOPE

This BPAs are to conduct personnel security investigations on applicants and employees of the Peace Corps. The services acquire 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 conduct 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;

followed by a written investigative report covering the information obtained. Services render under this

BPAs must be in accordance with Executive Orders 10450 and 12968 as amended, pertinent sections of the Peace Corps Act, the Freedom of Information Act, and the Privacy Act of 1974.

3.4 TASKS/REQUIREMENTS

The Vendor shall be capable of performing/fulfilling the following tasks/requirements under the BPA:

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

b) Taking on four new investigative assignments per month.

c) Must meet 5+ years of experience conducting personnel security background investigations for the U.S. Government.

d) Offeror shall have successfully completed a Background Investigations course that is compliant with the Federal Investigative Standards (FIS). 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 as a contract employee, and eligibility for access to classified information or to hold a sensitive position.

e) Must demonstrate the ability to interact effectively with individuals at all levels of Federal, state and local government, and the private sector.

f) Must demonstrate the ability to communicate effectively orally and in writing.

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

- Special Investigations Projects;

- Conduct security briefings;

- Reviewing completed personnel security investigations;

- Scheduling cases;

- Conducting security inspections;

- Work on special projects or studies; and

- Liaison services with other federal, state or local agencies.

- Local travel throughout the North Central Region (MN, WI, IL, IN, MI, OH) and the South West Region (UT, CO, KS, OK, NM, TX)

- Occasional travel outside of the North Central Region to nearby states such as PA

- Occasional travel outside of the South West Region to nearby states such as AZ

- Occasional travel outside of the continental United States

3.5 DELIVERABLES

The Vendor shall complete all investigations assigned by the required due date and upon completion of investigation provide the Chief, Information and Personnel Security Division (SS/IPS) or designee with a verbal summary of the investigative results prior to preparing the written investigative report. A typed investigative report of the comprehensive investigative findings shall be prepared in the form prescribed by the Chief, Information and Personnel Security Division (SS/IPS). All Reports of Investigation (ROIs) must contain appropriate investigative coverage and full documentation of suitability and/or security issues. All ROIs are subject to Quality Review Standards.

The Vendor shall complete and forward in a timely manner all required administrative forms and completed ROIs.

3.6 QUALITY ASSURANCE SURVEILLANCE PLAN (QASP)

The Vendor is required to perform to performance standards as identified below representing a combination of best industry practice and those that are determined to be the most useful and desirable metrics for the Peace Corps. In determining whether to proceed annually with this BPA, the Peace Corps will rely heavily on the Vendor’s performance against these service levels. To identify performance issues and/or measure performance against service levels, the Peace Corps will conduct periodic performance reviews.

The table below reflects the current set of service levels the Vendor agrees to meet to ensure acceptable performance standards are maintained throughout the term of this BPA. However, these service levels may be modified from time to time as agreed to by the parties. Any problems or concerns should be outlined in written form to the Contracting Officer’s Representative (COR). The COR will discuss problems with the vendor.

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-day standard over 12-month period

Manual Tracking

Timeliness of ROIs ROIs are delivered by the required due date

Only 5% of ROIs are received beyond the required due date

Manual Tracking

Quality of ROIs

ROIs do not contain gaps in or missing coverage

95% of ROIs contain all required coverage

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

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

Purchase Card 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

Manual Tracking

3.7 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 a Single Scope Background Investigation (SSBI) or a periodic reinvestigation within the past three years; 3) must be willing to undergo a periodic reinvestigation every five years; and, 4) must submit an OF-306, Declaration for Federal Employment, along with solicitation response. The Peace Corps will validate Vendor’s investigation, adjudication and clearance level through the OPM 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.

3.8 TRAVEL

The Vendor shall maintain a current valid driver’s license, a valid U.S. passport and a comprehensive automobile insurance policy. All investigators may be required to utilize their own private vehicles to perform these services, if travel is authorized on their own private vehicle the Government will reimburse them for traveled mileage. All travel must be approved in writing and in advance by the COR and will be reimbursed in accordance with the Federal Travel Regulations (FTR) under FAR 31.205-46 Travel Costs.

SECTION 4 – INSPECTION AND ACCEPTANCE

4.1 INSPECTION AND ACCEPTANCE/QUALITY ASSURANCE

Inspection and acceptance to be performed by the Contracting Officer’s Representative, 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.

SECTION 5 – DELIVERIES OR PERFORMANCE

5.1 PLACE OF PERFORMANCE

The place of performance will primarily be within the following the awarded geographic region, either:

- North Central Region (NCR): (MN, WI, IL, IN, MI, OH) or

- South West Region (SWR) (UT, CO, KS, OK, NM, TX)

There may be occasional travel outside of the NCR and SWR to nearby states. The Vendor may require to occasional travel outside of the continental United States. The specific place of performance for each call will be clearly stated in individual Call Orders.

5.2 PERIOD OF PERFORMANCE

The term for this BPA shall be 5 years from the date of award. The expected award date is December 2016. The Government will review this agreement annually and, as necessary, make adjustments to ensure the terms of the BPA remain favorable.

BASE & OPTION YEARS

Base Year December 2016 – December 2017

Option Year 1 December 2017 – December 2018

Option Year 2 December 2018 – December 2019 Option Year 3 December 2019 – December 2020

Option Year 4 December 2020 – December 2021

SECTION 6 – CONTRACT ADMINISTRATION DATA

6.1 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 BPA and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Vendor 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.

6.2 CONTRACTING OFFICER’S REPRESENTATIVE (COR)

(a) {TBD at the time of award} is hereby designated as the Contracting Officer’s Representative

(COR). The COR may be changed at any time by the Government without prior notice to the Vendor by a unilateral modification to the contract. The COR is located at:

{TBD}

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

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

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any Vendor 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 Vendor.

6.3 PLACEMENT OF ORDERS

(a) The Vendor shall provide services under this BPA only as directed in Call Orders issued by authorized individuals identified in the BPA Award. Each order will include:

(1) Date of order;

(2) BPA number and order number;

(3) Item number and description, quantity, and unit price or estimated cost or fee;

(4) Delivery or performance date;

(5) Place of delivery or performance (including consignee);

(6) Packaging, packing, and shipping instructions, if any;

(7) Accounting and appropriation data;

(8) GPC as Method of payment and payment office, if not specified in the BPA;

(9) Any other pertinent information.

(b) The following individuals (or activities) are authorized to place Call Orders against this BPA:

(i) Any duly appointed Contracting Officer of the Peace Corps acting within the scope and limits of their Contracting Officer’s Warrant.

(ii) TBD at Award

The anticipated time for quote submission from Call Order quote will be 5 days unless otherwise specify in the BPA call request. The call request will specify the applicable requirements and timeline based on need and complexity of the request for quote.

6.4 CALL ORDERS

(a) All work shall be initiated only by issuance of fully executed Call Orders issued by the Contracting Officer or his/her authorized designee. The work to be performed under these orders must be within the scope of the BPA. The Government is only liable for costs to the ectent of funds obligated to the call and for services under the terms and conditions of this BPA. Charges for any work not authorized will be disallowed.

(b) For each Call Order under the BPA, the Contracting Office or his/her authorized designee shall send a request for quote to the Vendor(s). The request will contain a detailed description of the tasks to be achieved, a schedule for completion of the Call Order, and deliverables to be provided by the Vendor.

(c) The Vendor shall submit a quote defining the delivery terms and proposed price.

(d) After any necessary negotiations, the Vendor shall submit a final quote.

(e) Call Orders will be considered fully executed upon signature of the Contracting Officer or his/her authorized designee. The Vendor shall begin work on the Call Order in accordance with the effective date of the order.

(f) The Vendor shall notify the Contracting Officer of any instructions or guidance given that may impact the cost, schedule or deliverables of the Call Order. A formal modification to the Call Order must be issued by the Contracting Officer before any changes can be made.

(g) Call Orders may be placed during the period of performance of the BPA. Prices applicable to the performance of an order will be the BPA rates that are in effect at the time the Call Order is issued.

6.5 INVOICING/PAYMENT PROCEDURES

The Government Purchase Card (GPC) shall be used to the maximum extent practicable in paying for Call Orders. The GPC use shall be in compliance with the policies contained in the Peace Corps Manual Section (MS) 731, “Purchase Card Program”, and in accordance with rules and procedures in the GPC manual/guide.

(a) Invoice Format

The format of the invoice and/or accompanying documentation shall be agreed on between the COR and the Contractor. The Contractor shall submit invoices monthly and render an electronic copy to:

The COR: TBD

For questions regarding payments, please send an email inquiry, including the invoice number, billed amount and date sent to the COR at : TBD. The invoice shall include, but not be limited to, the following information:

(b) Invoice Information

Name and address of the Contractor

Invoice date and invoice number Period of performance covered by the invoice

Description, price(s), date of service, and quantity(ies) of services and supplies for which payment is being requested

Shipping and payment terms, if any

EFT account/payment information

Costs incurred under the current voucher or costs incurred to date (cumulative)

Signature of the Contractor’s authorized representative

Contractor’s Tax Identification Number (TIN)

Evidence of actual expenses invoiced (receipts)

(c) Invoice Certification

Upon receipt of the invoices, the Peace Corps will check the invoices for correctness and appropriateness of the charges and will ensure that chargeable items appearing on the invoices have been formally accepted by the Peace Corps. In the event that the Peace Corps discovers any discrepancies in the invoice, the Peace Corps Contracting Officer (CO) and Contracting Officer’s Representative (COR) will, in addition to following the requirements of the Prompt Payment Act, take steps necessary to resolve the discrepancies with the Vendor.

(d) Invoice Payment

For the purposes of this subsection, “invoice payment” is a Government disbursement of monies to the Vendor under this order for products and/or services which are formally 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 the electronic funds transfer is made.

(e) Invoice Requirements

Invoices shall be submitted in accordance with FAR 52.212-4(g). In the event of an inconsistency between the provisions of this BPA and the Vendor’s invoice, the provisions of this BPA shall take precedence.

SECTION 7 – SPECIAL CONTRACT REQUIREMENTS

7.1 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.

7.2 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.

7.3 USE OF PEACE CORPS NAME AND LOGO

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

7.4 RESTRICTIONS AGAINST DISCLOSURE

(a) The Vendor agrees, in the performance of this BPA, to keep the information furnished by the Government or acquired/developed by the vendor in performance of the BPA and designated by the Contracting Officer or Contracting Officer’s Representative, in the strictest confidence. The Vendor 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 vendor ś possession, to those employees needing such information to perform the work described herein, i.e., on a "need to know" basis. The Vendor agrees to immediately notify the Contracting Officer in writing in the event that the vendor determines or has reason to suspect a breach of this requirement has occurred.

(b) The Vendor agrees that it will not disclose any information described in subsection (a) to any person unless prior written approval is obtained from the Contracting Officer. The Vendor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

7.5 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.

2) 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.

(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 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.

(f) 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.

(g) 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.

(h) 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.

(i) 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.

(j) 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.

(k) 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.

(l) 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.

(m) 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 "contractor" where appropriate.

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

(o) 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.

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

7.6 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 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)).

SECTION 8 – CONTRACT CLAUSES

8.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This BPA 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 address: https://acquisition.gov/far/index.html.

The following clauses are hereby incorporated by reference into the BPA. Additional clauses may be incorporated at the time of issuing call orders.

FAR Reference Title Date 52.202-1 Definitions NOV 2013 52.212-4 Contract Terms and

Conditions—Commercial Items

MAY 2015

https://acquisition.gov/far/index.html

8.2 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders

-- Commercial Items (Nov 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

__X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

___ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

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

___ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] ___ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Oct 2015) (31 U.S.C. 6101 note).

___ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

___ (10) [Reserved] ___ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

___ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _x__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

___ (ii) Alternate I (Oct 1995) of 52.219-7.

___ (iii) Alternate II (Mar 2004) of 52.219-7.

___ (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

___ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2016) (15 U.S.C. 637 (d)(4)).

___ (ii) Alternate I (Nov 2016) of 52.219-9.

___ (iii) Alternate II (Nov 2016) of 52.219-9.

___ (iv) Alternate III (Nov 2016) of 52.219-9.

___ (v) Alternate IV (Nov 2016) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

___ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

___ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

__x_ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

___ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

___ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

__x_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.

13126).

__x_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__x_ (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

___ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

__x_ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

___ (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

___ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_x__ (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

___ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

___ (35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017; applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

___ (36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

___ (37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

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

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

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

___ (40) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Oct 2015) of 52.223-13.

___ (41) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

___ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

___ (43) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

___ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

___ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

___ (46) 52.223-21, Foams (Jun 2016) (E.O. 13696).

___ (47) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

___ (48) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C.

4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110- 138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

___ (49) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

___ (50) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

___ (51) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

___ (52) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

___ (53) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

___ (54) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

___ (55) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_x_ (56) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

___ (57) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_x_ (58) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

___ (59) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

___ (60) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631).

___ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or executive orders applicable to acquisitions of commercial items:

___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _x__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

___ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C.

chapter 67).

___ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

___ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

___ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015) (E.O. 13658).

___ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

___ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

(v) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) __x__ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C.

chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

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

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

(xiv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

Per Court Injunction dated 24 Oct 2016 and OMB memo dated 25 Oct 2016 do not implement the following until further direction.

(xvi) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and…