RFP.7200AA21R00014 for USAID Security Investigators (BOAs)_Final.v1.07.21.pdf

Issuance Date: January 7, 2021 Closing Date for Questions: January 17, 2021, 5:00 PM Eastern Time Closing Date to Receive Responses: February 8, 2021, 5:00 PM Eastern Time

SUBJECT: Request for Proposal (RFP) No. 7200AA21R00014 for USAID Security Investigators

Dear Sir or Madam, The United States Government, represented by the U.S. Agency for International Development (USAID), is soliciting proposals from qualified investigators to provide security investigation services to USAID.

The purpose of this solicitation is to contract a pool of qualified and capable Security Investigators through Basic Ordering Agreements (BOA) to conduct security investigations for USAID.

The period of performance for the award is expected to be five (5) years. Proposals will be evaluated on the basis of the criteria described in Section E. Award will be made to the investigators whose proposals offer the best value to the Government. This acquisition is restricted to (small businesses only). The NAICS code for this solicitation is 561611.

Instructions to respond to this solicitation are contained in Section E of this document. USAID anticipates awarding up to 30 to 100 BOAs under this solicitation, each with a total ordering maximum of $500,000 over five (5) years.

Any questions regarding this solicitation should be submitted in writing only by the date and time shown above. Questions will not be accepted after this time. Proposals must be sent via e-mail to BOAINVESTIGATORS@usaid.gov by the closing date and time shown above.

Issuance of this solicitation does not constitute an award commitment on the part of the U.S Government, nor does it commit the U.S. Government to pay for the costs incurred in the preparation and submission of proposals. The Government also reserves the right to not make an award.

Sincerely, /s/ Suhaib A. Khan Contracting Officer United States Agency for International Development mailto:BOAINVESTIGATORS@usaid.gov

7200AA21R00014

Security Investigators

SECTION B – SCHEDULE

B.1. STATEMENT OF WORK

B.1.1 Background

The United States Agency for International Development (USAID), Office of Security (SEC) is an authorized Agency with Delegated Authority from the Office of Personnel Management (OPM). This authority allows USAID to conduct background investigations for security clearance purposes on its Direct Hire (Civil and Foreign Service) and Contract employees. In the past, USAID has utilized Blanket Purchase Agreements (BPA) with individual contract investigators to perform the background investigations of its employees. BPAs were awarded to individual contract investigators who had investigative experience performing background investigations. These individual contract investigators were self-employed independent contractors.

B.1.2 Scope

The scope of this award is for security investigators (herein referred to as “security investigator(s)” ‘investigator(s)” “contractor(s)” or “BOA holder(s)”) to conduct Tier 5, Tier 5R, Tier 3, Tier 3R, and other personnel security-related investigations under a Basic Ordering Agreement (BOA). There will be no minimum or maximum guaranteed quantity under this BOA. Background investigations will be conducted in full compliance with Executive Orders 10450 and 12968, as amended; the current Federal Investigative Standards, Security Policy Board issuance’s 1-97 and 2-97; the Privacy Act of 1974; the Right to Financial Privacy Act; and other relevant regulations, and USAID/SEC policies and procedures which are set forth in the USAID Special Agent Manual.

B.1.3 Objectives

The objective of this agreement is to contract with a pool of qualified and capable Security Investigators to reside within a 75 mile radius of, and to conduct personnel security investigations for USAID in the following locations: Washington, DC (up to 30 investigators); San Francisco, CA (up to 3); Atlanta, GA (up to 2); Boston, MA (up to 3); Raleigh, NC (up to 2); St. Louis, MO (up to 2); Detroit, MI (up to 1);

Phoenix, AZ (up to 2); Minneapolis/St. Paul, MN (up to 1); Harrisburg, PA (up to 1); Seattle, WA (up to 1); Buffalo, NY (up to 1); Jacksonville, FL (up to 1); San Diego, CA (up to 3); New York, NY (up to 4);

Philadelphia, PA (up to 3); Asheville, NC (up to 1); Omaha, NE (up to 1); Grand Rapids, MI (up to 1);

Dayton, OH (up to 1); Miami, FL (up to 2); Tampa, FL (up to 2); Chicago, IL (up to 3); Denver, CO (up to 3); Palm Desert, CA (up to 1); Virginia Beach, VA (up to 2); Prescott, AZ (up to 1); San Antonio, TX (up to 2); Alexandria Bay, NY (up to 1); Cape Coral, FL (up to 1); Ocala, FL (up to 1); New Orleans, LA (up to 1); Columbia, SC (up to 1); Pittsburgh, PA (up to 1); Columbus, OH (up to 1); Indianapolis, IN (up to 1); Nashville, TN (up to 1); Tuscaloosa, AL (up to 1); Kansas City, MO (up to 1); Oklahoma City, OK (up to 1); Dallas, TX (up to 2); Houston, TX (up to 1); Albuquerque, NM (up to 1); Salt Lake City, UT (up to 1); Los Angeles, CA (up to 2); and Las Vegas, NV (up to 1).

B.1.4 Requirements & Assignments

A. Contractor Requirements

1. Contractors must comply with the standards and requirements prescribed by USAID/SEC policies, standards, and procedures as outlined in the USAID Special Agent Manual and Field Investigations Standard Operating Procedures (SOP). Background investigations will be conducted in full compliance with Executive Orders 10450 and 12968, as amended; the current Federal Investigative Standards, Security Policy Board issuance’s 1-97 and 2-97; the Privacy Act of 1974; the Right to Financial Privacy Act; and other relevant regulations, and USAID/SEC policies and procedures which are set forth in the USAID Special Agent Manual.

2. Contractors must have a minimum of three (3) years of personnel security background investigative experience occurring within the past five (5) years working for or on behalf of the United States Government.

3. Contractors must have, or be able to obtain a Top Secret security clearance based on a favorably adjudicated Single Scope Background Investigation or Tier 5 level investigation in order to be considered for award. Contractors must be a US citizen and must possess a current US Passport.

4. Contractors must participate in orientation training in the Washington, DC area and attend periodic refresher training scheduled by USAID/SEC. Contractors will be assigned to a Primary Regional Area (PRA) within reasonable proximity of their residence (to the extent possible, within a 150-mile radius of the residence) where the majority of their work will be performed.

5. Contractors must be a small-business, have a Dun & Bradstreet (DUNS) number, and must maintain registration with the System for Award Management or SAM at www.sam.gov

6. Contractors must notify the Contracting Officer’s Representative (COR)/Investigative Program Manager (IPM) of their availability to accept case assignments and must accept a minimum of three (3) investigative cases per month, if assigned. Frequency and method of notification will be provided to the COR/IPM at the orientation meeting.

7. Contractors must be ready, willing, and able to complete assignments within the designated suspense periods (periods of performance). Designated suspense periods are normally 21 calendar days for a Tier 5, Tier 5R, Tier 3, and Tier 3R investigation, and 14 calendar days for a Limited Inquiry/Special Investigation.

8. The USAID/SEC quality assurance program includes a ride-along with each Contractor to be incorporated as part of the annual review. Each Contractor must be available for at least one

(1) ride-along with the COR per year.

9. Contractors must be computer literate, proficient in Microsoft Word and Microsoft Excel.

Contractors must be able to store Sensitive But Unclassified (SBU) documents in a locked secured space when not in use until appropriate destruction can take place.

http://www.sam.gov/

10. Contractors will be provided Government Furnished Equipment (GFE) to assist in performance of their duties. Contractors must have a secured internet connection at their residence to support the submission of unclassified data only to USAID/SEC. All SBU and Personally Identifiable Information (PII) must be properly protected at all times.

B. Investigation Assignments

1. All Project Orders must be acknowledged and accepted by the contractor within three working days, or the order will be transferred to another contractor. Contractors must be ready, willing, and able to begin assignments within 5 calendar days of receipt of valid order;

and complete assignments within the designated suspense periods, which are normally 21 calendar days for Tier 5, Tier 5R, Tier 3, & Tier 3R investigations, and 14 calendar days for a Limited Inquiry/Special Investigation. All deliverables must be in compliance with policies as detailed in this agreement and subsequent orders.

2. With each investigative assignment (Project Order) which authorizes them to perform the work and contains administrative information pertaining to the work. Contractors will be tasked to complete the following investigative coverage in accordance with the Federal Investigative Standards (FIS):

● Schedule and conduct a Subject Interview of the assigned security clearance candidate, resolving any issues pertaining to the 13 National Security Adjudication Guidelines;

● Verify identity and citizenship status;

● Verify employment during the past five (5) to seven (7) years through records and interviews;

● Verify claims of residence during the past three (3) years through records and interviews;

● Verify statements of educational achievement through records and interviews;

● Conduct interviews of references;

● Conduct interviews of ex-spouses;

● Conduct Local Agency (law enforcement agency) Checks (LACS);

● Verify public records, divorce, bankruptcy, civil/criminal actions;

● Expand the investigation, as necessary;

● Conduct Limited Inquiries that address issues pertaining to the 13 National Security

Adjudication Guidelines (e.g., drug use, arrests, financial responsibility, mental health, etc.) and other types of Special Investigations conducted in close association with Security Branch Management;.

● Provide assistance and investigative support services to the Investigations Program as deemed necessary and appropriate.

● Contractors may be tasked with special projects in order to assist the Investigations Program.

3. Contractors must be willing to conduct Subject Interviews in a virtual environment (if necessary and requested) utilizing the established USAID/SEC procedures.

4. Contractors must prepare all Reports of Investigations (ROI) in strict conformance with reporting requirements outlined in the USAID/SEC Special Agent Manual or any subsequent policy memos or guidance provided by USAID/SEC. All ROIs will be subjected to a thorough quality assurance review. All reports must bear the name of the Contractor, and must be prepared in the English language, unless otherwise specified.

5. Upon completion of the investigation, the Contractor is required to submit the ROI directly to the USAID/SEC Field Investigations Branch, along with the Project Order and Voucher. The Project Order, which serves as the Case Assignment and Funding Authorization, identifies USAID’s COR as the sender; Agent’s Name; Project Order Number; Date of Assignment;

Suspense Date; Case Number; Subject’s name; Type of Investigation; and Hourly Rate;

Labor Hours and other direct costs or travel costs authorized. The Voucher reflects the contract investigator’s name; Project Order Number; dates of investigative activities; number of hours spent on each activity; expenses; total amounts; and investigator’s signature.

Vouchers and Project Orders are subsequently reviewed and either approved or disapproved by the COR.

6. The contractor, at the time of submitting his/her report of investigation and related documents, must also complete a voucher online. The website address will be provided to the Contractor during initial training and orientation. The Contractor will submit the voucher online, save the document, and download a copy of the voucher for his/her file. Contractor must submit a printed and signed copy of the voucher upon ROI submission. If policy mandates the use of the USAID Secure Portal or other electronic means, the signed voucher must be scanned and submitted electronically per policy as set forth by the COR/IPM.

7. The Contractor is required to receive all case-related materials and send all ROIs and other case related materials via the prescribed method (either via FedEx or via case management system) as set forth in policy by the COR/IPM. If policy mandates the use of mail via FedEx (using USAID/SEC’s account number) this will include all reports of investigations, vouchers, and relevant documents to the COR/IPM upon completion of each investigation.

FedEx will be utilized when the electronic system is not operational. In the event a Contractor fails to use the appropriate USAID FedEx Account Data when preparing a FedEx shipping label, the Contractor will be solely responsible for all related charges incurred. If policy mandates the use of the USAID case management system, all documents to include reports of investigations, attachments, vouchers, or any other case related materials must be transmitted electronically as set forth in policy by the COR/IPM.

8. Contractor may be asked to participate in administrative misconduct investigations. This program will conduct administrative inquiries into alleged misconduct. If asked to participate, the contractor will be asked to attend additional training, as questioning in this inquiry process is different from security clearance investigations. This task will report to the direct hire responsible for the administrative investigation. Duties may include but not limited to:

● Conducting misconduct investigations (including obtaining documentary information and securing testimony from a range of witnesses in Washington, DC and overseas)

● Preparing Reports of Investigation (ROI) (including planning and preparing the report and obtaining approval of the draft by Direct Hire prior to acceptance as the final report)

● Conducting Management Inquiries and producing related reports of findings;

● Responding to inquiries regarding the status of reports, complaints, and grievances

C. USAID Responsibilities

1. USAID will provide individual Contractor cost authorizations (copies of Project Orders) to the financial management and payroll services company for each Contractor assignment and notify the financial management and payroll services company of any additional expenses that are authorized, or of any amendments to a Project Order.

2. USAID will provide approved individual Contractor vouchers to the financial management and payroll services company for each Contractor assignment. Vouchers that have been reviewed and approved by the will be marked “Approved.”

3. USAID/Office of Security will provide each Contractor with training and support services to ensure compliance with established policies, procedures, and standards.

B.1.5 Ordering Procedures

a. The ordering period for this BOA will be the period of the BOA as stated in the schedule of this agreement. Project Orders placed under this award may not extend beyond six (6) months of the expiration of this agreement. The BOA holder must furnish all the necessary materials, facilities, and management resources to furnish the services set forth in the statement of work, within the terms specified, and at the price(s) stated. All orders will be issued at the labor rates listed on Section B.2 Awarded Prices.

b. It is understood and agreed that the BOA holder will provide Labor-Hour estimates when requested by the COR. The Contractor's proposal must be priced using labor rates herein provided.

c. It is intended that all Project Orders issued for performance under this BOA will be issued utilizing the fixed labor hour rate.

d. The labor hours specified in each order represent the hours not to be exceeded. The BOA holder will not be paid more than the ceiling price of labor hours specified in the order.

e. In the event the BOA holder expends fewer hours than set forth in the individual order, the total order shall be adjusted to reflect the actual number of hours expended and the final order price.

In no case will the final price exceed the ceiling price of the order.

f. Notwithstanding any other provision, the BOA holder must maintain sufficient accounting records for verification of the hours incurred in the performance of each order. It is further understood and agreed that the accounting records must be made available for Government review during the performance of this agreement for up to three (3) years after final payment is made under all Project Orders.

g. Order Management Requirements: Delivery of services will be implemented only if directed by an order. The BOA holder will respond in no more than three (3) working days from the issuance of the order. The BOA holder will arrange for a meeting with the COR, when needed, to obtain the necessary detailed information to proceed with the task.

h. Order Procedures: Each order will contain a description of the task, the deliverables, and the order start and completion date.

i. Order Accounting: The BOA holder's order accounting system must provide traceability of all labor hour and cost reimbursable elements (e.g. travel expenses, material, and other authorized direct costs). Under no circumstances will any invoice exceed the period of performance, hours, or ceiling price for any funded order. The BOA holder will separately track and invoice for hours and travel costs incurred. All invoices submitted for payment must clearly identify:

1. Project Order number.

2. Order Period of performance

3. Labor hours expended to complete investigation type

4. Other costs incurred

5. Grand total of invoice

j. The BOA holder must prepare and maintain a funds and labor hour expenditure report for each order. The BOA holder will submit reports, in contractor format, to the COR and Contracting Officer on a regular basis as defined by each Project Order. Reporting must include schedule by assignment, labor hour expenditures by assignment, cost reimbursable elements, calendar of supported travel, reviews, meetings and briefings, deliverables status and an estimated completion date. The report must also identify the most significant cost driver(s) for each assignment (i.e.

Schedule, Type of Program, and Complexity), the value of the driver, and a brief explanation.

The Government must identify a standard set of activities and definitions. For each task, the BOA holder must identify the approximate percentage of hours allocated to those activities. Until such a time as the Government provides this standard set of activities, the BOA holder will not be required to provide this information. These reports will be submitted electronically.

k. Closeout Procedures: To facilitate closeout of individual orders placed under this BOA, within thirty (30) days of completion of any individual Project Order, the BOA holder must present a final invoice to the Contracting Officer Representative that contains a complete accounting of hours expended, the prices associated with those hours, any cost reimbursable expenses, and a proposed final price.

B.1.6. Limitations

A. Nondisclosure of Sensitive and/or Proprietary Data

The BOA holder will receive or have access to certain sensitive information provided on a proprietary basis. The BOA holder will be required by USAID to agree to use and examine this information exclusively for the performance of this agreement and subsequent orders. The BOA holder must take the necessary steps, in accordance with Government regulations, to prevent disclosure of such information to any party outside the Government or Government designated contractors possessing appropriate proprietary agreements. All BOA holders must sign non-disclosure agreements and privacy agreements prior to accepting any Project Orders.

B. Non-Personal Services

1) In performance of this work, the BOA holder will provide support in the form of services required by USAID/SEC to support the management of their overall mission. Services will be specified in the Project Order for the effort.

2) The services required under the BOA constitute advisory and assistance services within the definition provided by FAR 2.101. Under this BOA the Government will obtain professional services, which are essential to the USAID mission but not otherwise available within USAID.

3) The Government will neither supervise BOA holders nor control the method by which the BOA holder performs the required assignments. Under no circumstances shall the Government prepare work schedules for the individual BOA holder employees. It is the responsibility of the BOA holder to guard against any actions that are of the nature of personal services, or give the perception of personal services. If the BOA holder feels that any actions constitute, or are perceived to constitute, personal services, it is the BOA holder's further responsibility to notify the Contracting Officer immediately.

4) The BOA holder will not provide technical direction to any other BOA holder or government personnel at any time. Neither will the Government directly supervise BOA holders. The COR/IPM should conduct day to day technical direction of BOA holder personnel wherever the BOA holder personnel are located.

5) These services will not be used to perform work of a policy, decision making, or management nature. All decisions relative to programs supported by BOA holders will be the sole responsibility of the Government.

C. Prohibited Activities

The BOA holder will not perform tasks under any resultant order which involve the following:

1) Evaluation of the qualifications of a potential source or any proposal for a contract or order by the Government for services

2) Preparation of documentation for future orders for services

BOA holders must not accept or perform any order that does not contain a Project Order number.

D. BOA Holder Identification

The BOA holder will be required to wear a USAID identification badge in order to distinguish themselves from direct hire Government employees. When conversing with Government personnel during business meetings and over the telephone, Contractors must identify themselves as such to avoid situations arising where sensitive topics might be better discussed solely between Government employees.

B.2 AWARDED PRICES

Contractors will be paid for services rendered up to a maximum ceiling of $500,000 over the five (5) year ordering period. The BOA holder must enroll with USAID’s payroll services contractor in order to receive payments and reimbursement of other expenses under this BOA. The Contractor will be paid for authorized services at the following fixed hourly rates:

Year 1 through Year 5: $50.00 per hour (standard rate for assignments to be completed within 21 days).

Year 1 through Year 5: $58.00 per hour (expedited rate for assignments to be completed within 14 days; authorized only through Branch Chief or Division Chief).

Each order will contain authorization of any expenses necessary for the performance of the work, including travel and transportation costs, per diem, or other related expenses. Applicable per diem rates will be in accordance with Federal Travel Regulations, Title 41 CFR, Chapter 301.

B.3 PAYMENT & INVOICING

1. Payment will be made based on authorized project orders placed against this BOA.

2. Each BOA holder will receive payment from a third party payroll services provider selected and contracted by USAID.

3. The third party payroll service provider’s online system will enable individual BOA holders to register and enroll with the third party service provider through a secure web-based system.

4. The third party service provider will provide appropriate orientation materials on how to use the online system.

5. Each BOA holder is required to directly submit their individual vouchers to the COR for approval and to the third party service provider for disbursement of payment. The third party service provider will provide payment to each BOA holder once the authorization has been granted by the COR. The third party service providers will process the payment within 10 days after funding has been received from

USAID.

6. Each BOA holder will be able to review the status of their pending payments through the third party service provider’s established online system.

7. Each BOA holder will have access to telephonic and online (email and/or chat) support services provided by the third party service provider from 8:30 a.m. through 5:30 p.m. EST.

8. Inspection and acceptance of Vouchers must be accomplished as follows:

a. Upon completion of the investigation, the Contractor is required to submit a report of investigation (ROI) directly to the Office of Security.

b. The Contractor will submit the Project Order and Voucher directly to the third party payroll service provider.

c. The Project Order, which serves as the Case Assignment and Funding Authorization, identifies USAID’s COR as the sender; Agent’s Name; Project Order Number; Date of Assignment; Suspense Date; Case Number; Subject’s name; Type of Investigation; Hourly Rate; Labor-Hours and Expenses authorized.

d. The Voucher must reflect the contract investigator’s name; Project Order Number; dates of investigative activities; number of hours spent on each activity; expenses; total amounts; and investigator’s signature.

e. Vouchers are subsequently reviewed and either approved or disapproved by the COR.

9. The BOA holder, at the time of submitting his/her report of investigation and related documents, must also complete a voucher online. The website address will be provided during initial training and orientation. The BOA holder will submit the voucher online, save the document, and download a copy of the voucher for his/her file. The BOA holder must submit a printed and signed copy of the voucher upon ROI submission via electronic means or FedEx if directed. Policy mandates the use of the USAID Secure Portal or electronic means, the signed voucher must be scanned and submitted electronically per policy as set forth by the COR/IPM.

10. Contractors are required to receive all case-related materials and send all ROIs and other case related materials via the prescribed method (either via FedEx or case management system) as set forth in policy by the COR/IPM. If policy mandates the use of mail via FedEx (using USAID/Office of Security’s account number) this will include all reports of investigations, vouchers, and relevant documents to the COR/IPM upon completion of each investigation. In the event a Contractor fails to use the appropriate USAID FedEx Account Data when preparing a FedEx shipping label, the contractor will be solely responsible for all related charges incurred unless authorized by the COR. If policy mandates the use of the USAID case management system, all documents to include reports of investigations, attachments, vouchers, or any other case related materials must be transmitted electronically as set forth in policy by the COR/IPM. The case management system requires that each Contractor have access to a computer with internet connection in order to access and receive all case-related materials, as well as to transmit all ROIs with appropriate case-related materials. The Contractor must have access to a scanner to scan all case-related documents (e.g. attachments, etc.).

B.4 OBLIGATION OF FUNDS

This BOA does not obligate any funds. The Government is obligated only to the extent of authorized Project Orders issued under the BOA.

B.5 PURCHASE LIMITATION

No single order shall exceed $30,000 including travel expenses. The ceiling price of the total of all orders issued under this BOA shall not exceed $500,000 per BOA holder over the five (5) year period, inclusive of travel related expenses, and other approved expenses associated with the Project Order. If at any time the Contractor has reason to believe that the cost will exceed the individual order limitation, the contractor must notify the COR. Any time the BOA holder has reason to believe that cost will exceed 85% of the ceiling price; they must notify the Contracting Officer and Contracting Officer Representative.

B.6 INDIVIDUALS AUTHORIZED TO PURCHASE

The COR, and the alternate COR, represent U.S. Agency for International Development, and are the only users authorized to place orders under this BOA Orders under this BOA will only be issued if funds are certified and the BOA awarding office's Project Order number is assigned.

B.7 CANCELLATION

This BOA may be canceled with thirty (30) days written notice by either party.

B.8 TRAVEL

The Government will reimburse the cost of travel required in conjunction with performance of orders issued under this BOA. Reimbursement for travel is limited to that required in the performance of the order. Specific Government direction to attend meetings or gather information must be paid on a cost-reimbursable basis only. Local travel or the relocation of BOA holder personnel from other geographic areas for the purpose of staffing an order are not subject to reimbursement. The Government will not pay travel charges for travel to and from the BOA holder’s home and Government Office, or to and from one company building to another. Travel costs subject to reimbursement are limited to expenses related to travel occurring at the direction of the Government, performed in conjunction with a specific requirement for a trip authorized in the order. Any administrative or clerical support travel costs will be considered and approved by the COR on a case-by-case basis. Travel associated with ‘Special Projects’ will not be reimbursed, however exceptions may be made by the COR on a case by case basis.

B.9 FEDERAL HOLIDAYS

BOA holders will not be eligible for holiday pay if work is performed on a holiday. Pay will be paid at the fixed hourly rate for any charges that are incurred and billed to any project order on this BOA on any Federal Holiday listed below.

New Years Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Christmas Day

B.10 ORDER OF PRECEDENCE

Any inconsistencies between the BOA and orders from this BOA must be resolved by giving precedence to the BOA.

B.11 PLACE OF PERFORMANCE

The contractor will conduct work at various locations throughout the United States. Specific areas of assigned investigations are: Washington, DC (up to 30 investigators); San Francisco, CA (up to 3);

Atlanta, GA (up to 2); Boston, MA (up to 3); Raleigh, NC (up to 2); St. Louis, MO (up to 2); Detroit, MI (up to 1); Phoenix, AZ (up to 2); Minneapolis/St. Paul, MN (up to 1); Harrisburg, PA (up to 1); Seattle, WA (up to 1); Buffalo, NY (up to 1); Jacksonville, FL (up to 1); San Diego, CA (up to 3); New York, NY (up to 4); Philadelphia, PA (up to 3); Asheville, NC (up to 1); Omaha, NE (up to 1); Grand Rapids, MI (up to 1); Dayton, OH (up to 1); Miami, FL (up to 2); Tampa, FL (up to 2); Chicago, IL (up to 3);

Denver, CO (up to 3); Palm Desert, CA (up to 1); Virginia Beach, VA (up to 2); Prescott, AZ (up to 1);

San Antonio, TX (up to 2); Alexandria Bay, NY (up to 1); Cape Coral, FL (up to 1); Ocala, FL (up to 1);

New Orleans, LA (up to 1); Columbia, SC (up to 1); Pittsburgh, PA (up to 1); Columbus, OH (up to 1);

Indianapolis, IN (up to 1); Nashville, TN (up to 1); Tuscaloosa, AL (up to 1); Kansas City, MO (up to 1);

Oklahoma City, OK (up to 1); Dallas, TX (up to 2); Houston, TX (up to 1); Albuquerque, NM (up to 1);

Salt Lake City, UT (up to 1); Los Angeles, CA (up to 2); and Las Vegas, NV (up to 1).

B.12 PERIOD OF PERFORMANCE

The period of performance of this award is from March 1, 2021 to February 28, 2026. This BOA may be reviewed annually before the anniversary of its effective date and revised as necessary.

B.13 GOVERNMENT FURNISHED FACILITIES OR PROPERTY

The Contractor is prohibited from using U.S. Government facilities (such as office space or equipment) or U.S. Government clerical or technical personnel in the performance of the services specified in the Project Orders unless the use of Government facilities or personnel is specifically authorized in the Project Orders or is authorized in advance, in writing, by the COR.

B.14 CONTRACTING OFFICER'S AUTHORITY

The Contracting Officer is the only person authorized to make or approve any changes in the requirements of this BOA, and notwithstanding any provisions contained elsewhere in this agreement, 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.

B.15 REPRESENTATIVE OF THE CONTRACTING OFFICER

1. The Contracting Officer’s Representative (COR) designated for this agreement is: [To be completed at time of award], is authorized to act as an official representative of the Contracting Officer. The alternate designated for this agreement is: [To be completed at time of award] is only authorized to act in the absence of the COR.

2. The COR is designated by the Contracting Officer and authorized to act within the limitations specified herein and written restrictions specifically imposed under the terms of the order and by the Contracting Officer. This authority must extend to the following: inspection, acceptance, or rejection of work.

3. This designation does not include authority to direct changes in scope, price, terms or conditions of this agreement. The authority herein also does not include authority to execute modifications to the BOA, which require the signature of the Contracting Officer, or to bind the Government by contract in terms of a proposed contract change.

B.16 CONTRACTOR’S ADMINISTRATIVE AND LOGISTICS ARRANGEMENTS

The Contractor will be responsible for all administrative support and logistics required to fulfill the requirements of any Project Orders. These will include all travel arrangements, appointment scheduling, secretarial services, report preparations services, printing, and duplicating.

B.17 CONTRACTOR PERFORMANCE ASSESSMENT REPORTING SYSTEM (CPARS)

The Federal Acquisition Regulation, FAR Part 42.15 and AIDAR 742.15 require that contractor performance information be collected for awards in excess of the simplified acquisition threshold.

Therefore, the Contractor is required to provide a notice to the Contracting Officer with copy to Mr.

Ricardo Willis, M/OAA/CAS, at rwillis@usaid.gov via email within 15 calendar days once the BOA has accumulated orders over $150,000.00 and will require a CPARS reporting.

[END OF SECTION B]

mailto:rwillis@usaid.gov

SECTION C – CONTRACT CLAUSES

C.1 FAR & AIDAR CLAUSES INCORPORATED BY REFERENCE

The following clauses are applicable to this procurement. Full text of FAR Clauses can be found at www.acquisition.gov and AIDAR Clauses can be found at http://www.usaid.gov/policy/ads/300/aidar.pdf

FAR CLAUSES:

52.202-1 DEFINITIONS (JUN 2020)

52.203-7 ANTI-KICKBACK PROCEDURES (JUN 2020)

52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS. (JUN 2020)

52.204-2 SECURITY REQUIREMENTS (AUG. 1996)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (OCT 2018)

52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

(JAN 2011)

52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (OCT 2020)

52.204-25 PROHIBITION ON CONTRACTING FOR CERTAIN

TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR

EQUIPMENT (AUG 2020)

52.204-26 COVERED TELECOMMUNICATIONS EQUIPMENT OR SERVICES-

REPRESENTATION (OCT 2020)

52.212-4 CONTRACT TERMS AND CONDITIONS - COMMERCIAL ITEMS. (OCT

2018)

52.223-18 ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING (JUN 2020)

52.224–2 PRIVACY ACT (APR 1984)

52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES. (JUN 2008)

52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN-

REPRESENTATION AND CERTIFICATIONS. (JUN 2020)

52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS. (JUN 2013)

52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM. (OCT 2004)

AIDAR CLAUSES:

752.202-1 DEFINITIONS (JAN 1990)

752.7003 DOCUMENTATION FOR PAYMENT (NOV 1998)

752.7006 NOTICES (APR 1984)

752.7008 USE OF GOVERNMENT FACILITIES OR PERSONNEL (APR 1984)

752.211-70 LANGUAGE AND MEASUREMENT (JUN 1992)

752.219-8 UTILIZATION OF SMALL BUSINESS CONCERNS AND SMALL

DISADVANTAGED BUSINESS CONCERNS (MAR 2015)

752.7025 APPROVALS (APR 1984)

http://www.acquisition.gov/ http://www.usaid.gov/policy/ads/300/aidar.pdf

C.2 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS - COMMERCIAL ITEMS (NOV 2020)

(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) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2020) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)).

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

[Contracting Officer check as appropriate.]

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (June 2020), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Jun 2020) (41 U.S.C. 3509)).

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

X (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14

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

X (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Jun 2020) (31 U.S.C. 6101 note).

X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)

(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Mar 2020) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-3.

__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Mar 2020) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (Mar 2020) of 52.219-4.

__ (13) [Reserved]

X (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Jun 2020) (15 U.S.C. 637(d)(4)).

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

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

__ (iv) Alternate III (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Jun 2020) of 52.219-9

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

(ii) Alternate I (Mar 2020) of 52.219-13.

X (19) 52.219-14, Limitations on Subcontracting (Mar 2020) (15 U.S.C. 637(a)(14)).

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__ (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 (Mar 2020) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Representation (Nov 2020) (15 U.S.C. 632(a)(2)).

(ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Mar 2020) (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 (Mar2020) (15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (Mar 2020) (15U.S.C. 637(a)(17)).

__ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan2020) (E.O.13126).

__ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

__ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

__ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

__ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

__ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

X (35) (i) 52.222-50, Combating Trafficking in Persons (Oct 2020) (22 U.S.C. chapter 78 and E.O. 13627).

https://www.acquisition.gov/far/part-52#FAR_52_219_16 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50

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

X (36) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 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.)

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

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

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

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

__ (40) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

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

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

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

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

X (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (48) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83).

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