RFQ 1145PC23Q0131- TeleSANE Final.pdf

TeleSANE Services

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS

TeleSANE Services

GENERAL INFORMATION

Document Type: Combined Solicitation/Synopsis Solicitation Number:

Title:

1145PC23Q0131

Tele-SANE Services

Release Date:

Questions Due Date:

March 23, 2023 March 29, 2023

Quotation Due Date: April 5, 2023 Product or Service Code: U008 Set Aside: Not Applicable NAICS Code: 621999

Issuing Office:

CONTRACTING OFFICE ADDRESS

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

Agency Contact:

Christina Ostronic, Contract Specialist, Email: costronic@peacecorps.gov Noemi Edwards, Contracting Officer, Email: nedwards@peacecorps.gov

This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) subpart 12.6, “Streamlined Procedures for Evaluation and Solicitation for Commercial Items,” as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotations are being requested, and a written solicitation document will not be issued.

Solicitation 1145PC23Q0131 is being issued as a request for quotation (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2023-02 effective 03/16/2023.

This requirement is being solicited on an unrestricted basis using Simplified Acquisition Procedures per FAR Subpart 13.5 under North American Industrial Classification Code (NAIC) 621999 - All Other Miscellaneous Ambulatory Health Care Services. The Small Business Administration size standard is $20,500,000.00. A firm-fixed price purchase order is anticipated. However, the Government is in no way obligated to make an award, nor to pay any costs incurred by the Contractor in preparing and submitting its quote.

All contractors are reminded that, in FAR 52.205-7, System for Award Management (SAM), they must be registered and active in the www.sam.gov database PRIOR to submission of a quote.

mailto:costronic@peacecorps.gov mailto:astevenson@peacecorps.gov http://www.sam.gov/ https://www.peacecorps.gov/

1.0 SUPPLIES OR SERVICES AND PRICE/COSTS

CLIN Description Qty. Unit Price Total Amount

0001 Tele-SANE Services IAW the PWS (FFP) 1 Lot 0002 Deliverables for CLIN 0001 IAW Sections 2-9 (FFP) Price included in CLIN 0001 (Not Separately priced, or NSP)

NSP

Option

Testimony for cases adjudicated in the United States IAW the PWS, Section 3.5 (FFP) (See Note A)

2 Ea.

0004 Other Direct Cost – Travel and Subsistence (T&M) (See Note B and C)

1 Lot NTE $13,420.00

Option 1

Tele-SANE Services IAW the PWS (FFP) 1 Lot

Option 1

Deliverables for CLIN 0005 IAW Sections 2-9 (FFP) Price included in CLIN 0005 NSP

NSP

Option 1

Testimony for cases adjudicated in the United States IAW the PWS, Section 3.5 (FFP) (See Note A)

2 Ea.

Option 1

Other Direct Cost – Travel and Subsistence (T&M) (See Note B and C)

1 Lot NTE $13,420.00

Option 2

Tele-SANE Services IAW the PWS (FFP) 1 Lot

Option 2

Deliverables for CLIN 0009 IAW Sections 2-9 (FFP) Price included in CLIN 0009 NSP

NSP

Option 2

Testimony for cases adjudicated in the United States IAW the PWS, Section 3.5 (FFP) (See Note A)

2 Ea.

Option 2

Other Direct Cost – Travel and Subsistence (T&M) (See Note B and C)

1 Lot NTE $13,420.00

Option 3

Tele-SANE Services IAW the PWS (FFP) 1 Lot

Option 3

Deliverables for CLIN 0013 IAW Sections 2-9 (FFP) Price included in CLIN 0013 NSP

NSP

Option 3

Testimony for cases adjudicated in the United States IAW the PWS, Section 3.5 (FFP) (See Note A)

2 Ea.

Option 3

Other Direct Cost – Travel and Subsistence (T&M) (See Note B and C)

1 Lot NTE $13,420.00

Option 4

Tele-SANE Services IAW the PWS (FFP) 1 Lot

Option 4

Deliverables for CLIN 0017 IAW Sections 2-9op (FFP) Price included in CLIN 0017 NSP

NSP

Option 4

Testimony for cases adjudicated in the United States IAW the PWS, Section 3.5 (FFP) (See Note A)

2 Ea.

Option 4

Other Direct Cost – Travel and Subsistence (T&M) (See Note B and C)

1 Lot NTE $13,420.00

2.0 PERFORMANCE WORK STATEMENT (PWS)

2.1 BACKGROUND:

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

• To help the people of interested countries in meeting their need for trained men and women.

• To help promote a better understanding of Americans on the part of the peoples served; and

• To help promote a better understanding of other peoples on the part of Americans.

For information about where Peace Corps serves, please visit the Countries page on our website:

https://www.peacecorps.gov/countries/. For more information on the Peace Corps mandate and mission, see the Peace Corps website: https://www.peacecorps.gov/about/history/. The mission of Peace Corps’ Office of Health Services (OHS) is to provide quality medical and mental health services and support to Peace Corps Invitees, Peace Corps Trainees/Volunteers (PCT/PCVs) and Returned Peace Corps Volunteers (RPCVs). Peace Corps has an internal team of on-site doctors and other medical professionals at approximately 58 Peace Corps posts located worldwide.

Medical Officers located at overseas Posts (PCMOs) provide and coordinate needed health care services for PCVs. Volunteers are typically placed in rural environments, often at a considerable distance from the Peace Corps main office and medical unit in-country. In both the major cities and in rural areas, Volunteers often face varying and limiting bandwidths, connectivity, and electricity. The Agency does not issue a mobile phone, laptop, or tablet to Volunteers. Typically, Volunteers bring a device (i.e., mobile phone, laptop, tablet, etc.) from the U.S. or purchase a device in-country. Technological limitations occur variably for each Volunteer at any given time. For example, each region, country, and PCV site may experience intermittent electricity, limited or nonexistent internet access, and/or lack of standardized mobile devices (or no device at all)

The Kate Puzey Peace Corps Volunteer Protection Act of 2011 (Kate Puzey Act, or KPA) was passed into law on November 21, 2011. This Act mandated that “at a volunteer’s discretion, provision of a sexual assault forensic exam in accordance with applicable host country law.”

http://www.peacecorps.gov/countries/ http://www.peacecorps.gov/about/history/

RFQ #: 1145PC23Q0131

The Office of Health Services wants to ensure that PCMOs provide a competent, trauma informed forensic-medical history and forensic exam by supplementing their training with TeleSANE services.

TeleSANE services -sometimes referred to as TeleSAFE- are an emerging branch of telemedicine that utilizes remote forensic nurse experts to communicate and collaborate with point of care clinicians to provide expert live guidance in evidence collection, intervention and quality control, using digital and telecommunication technology.

The 2011 Sexual Assault Advisory Committee also recommended that the Peace Corps work with an organization to provide TeleSANE services. They noted that “PCMOs do not provide medical forensic services on a daily basis so it is not expected for all of that knowledge to be at the forefront of their mind”.

Given the historically low numbers of SAFE exams conducted by the PCMOs, TeleSANE services will be used to build on the PCMOs skills by providing real-time technical assistance and guidance for the underutilized, yet critical evidence collection skill set needed to support Peace Corps Volunteers/Trainees who request a sexual assault forensic examination- in accordance with applicable host country law.

2.2 SCOPE:

The Peace Corps seeks a contractor to provide Health Insurance Portability and Accountability Act of 1996 (HIPAA) Compliant Tele-SANE services to support PCMOs in conducting Sexual Assault Forensic Exam (SAFE) for PCV/Ts. TeleSANE services include live virtual assistance and consultation with the SAFE exam and other related services. Tele-SANE services shall be available and adequately staffed 24 hours a day on a year- round basis (24/7/365).

2.3 OBJECTIVE:

The objective of this contract is to improve the experience of PCVs who need a SAFE exam and to promote integrity and accuracy of the evidentiary forensic collection for cases that PCMOs can legally conduct or consult on. This objective includes providing a 24-hour Tele-SANE service to assist Peace Corp Medical Officers (PCMOs) during a Sexual Assault Forensic Exam (SAFE), answer consult questions, assist and review forensic documentation, assist with evidence packaging and to provide fact and/or expert testimony.

3.0 PERFORMANCE REQUIREMENTS:

3.1 General Requirements

• The Contractor shall provide trained sexual assault nurse examiners as follows:

o 24/7/365 to provide live virtual assistance with a SAFE exam. See Section 6.0 – Key

Personnel for minimum qualifications for sexual assault nurse examiners (SANEs).

• The Contractor shall be available to provide live virtual services within 59 minutes of notification.

• 24/7 TeleSANE support line dedicated to the Peace Corps HIPAA compliant method to transmit encrypted documentation to Peace Corps photos and documents. The Contractor shall provide all live virtual services via two-way visual HIPAA compliant Zoom.gov platform. The contractor shall comply with Peace Corps’ Zoom.gov settings.

• In the event there are technology/connectivity challenges with the Zoom platform, the

Contractor shall provide services via telephone.

• The Contractor shall discuss the case with the PCMO before engaging with the

PCV/T.

• The Contractor shall provide a written report to the PCMO after each exam via secure encrypted email (or other secure solution).

3.2 Engagement with PCV/T

• The Contractor shall confirm written consent from the PCV/T for the SANE to be present during the exam.

• The Contractor shall obtain an additional verbal consent directly from the PCV/T.

• The Contractor shall obtain an additional verbal consent to be present virtually during the ano-genital exam.

• The Contractor shall explain to PCV/T their purpose and expertise to be present during the exam.

• The Contractor shall answer any questions the PCV/T has during the exam and in the presence of the PCMO or chaperone.

3.3 Live Virtual Services Outlined

The Contractor shall provide live virtual assistance to the PCMO with a sexual assault forensic exam including but not limited to:

• History taking,

• Swabbing,

• Collection of trace evidence,

• Photography of injuries and non-injuries,

• Alternate light source and

• Ano-genital exam

• Documentation of the forensic examination paperwork

• Plan of care

• Follow-up care and patient education

3.4 Debriefs

The Contractor shall provide a debrief session upon conclusion of an exam within two (2) business days using a competency/QA tool-agreed upon by both parties- and general feedback.

The Contractor shall provide live virtual assistance with packaging forensic specimens and clothing as instructed in Technical Guideline 542, which will be provided at time of award, and Peace Corps Manual Section 243, contained in Attachment 1 of this PWS.

The Contractor shall provide a debrief session upon conclusion of a real exam within three (2) two business days using a competency/QA tool-agreed upon by both parties- and general feedback.

3.5 Other Services

The Contractor shall create and maintain records of the TeleSANE exam and suggested treatment plan and send it securely to the PCMO within 12 hours of each exam. All storage of records by the Contractor shall be encrypted at rest.

The Contractor shall be available to provide fact and/or expert testimony for cases adjudicated in the United States upon subpoena.

3.6 Training

The Contractor shall participate in an unannounced quarterly simulation to assess response time, technology and proficiency of procedures.

The Contractor shall provide scheduled mock exam trainings of the TeleSANE services to assess the equipment/supplies, technology and competencies of the health unit and PCMO(s) to 30 of the Peace Corps posts; with an estimated increase of five (5) exams per year due to forecasted reopening of posts.

The Contractor shall provide a debrief session upon conclusion of a mock exam within two (2) business days using a competency/QA tool-agreed upon by both parties- and general feedback.

3.6.1 The Contractor shall provide a minimum of three continuing education credit hours of content, supplies and presenters-related to sexual assault and/or intimate partner violence- to the annual continuing medical education conference. This will be in person or virtual dependent upon the format of the conference (estimated two Continuing Medical Education (CME) sessions per year).

CME Conferences typically occur oversees and require international travel.

For the Base year the CME conference will be taking place in Marrakech, Morocco. The session dates are May 2nd and May 11th.

Arrival date is May 1st and Departure Day is May 12th.

For the following 4 option years the dates and location will be provided to the contractor by the COR when it is confirmed.

3.6.2 The Contractor shall provide three 60 to 90 minute webinar per year-on sexual assault and/or intimate partner violence- to the Peace Corps Medical Officers/SARL/OVA

3.6.3 The Contractor shall provide three 60 to 90 minute training for designated staff and the Sexual Assault Prevention and Response (SAPR) team.

4.0 DELIVERABLES:

Item No.

Deliverable Description Frequency PWS Reference

Deliver to Format Due

1 Live virtual assistance with a SAFE exam

24/7/365 2.2 Peace Corps Clinicians

2 Testimony for cases adjudicated in the United States upon subpoena.

As Needed 2.3.2 COR Testimony By provided due date This will be an optional CLIN to be exercised when needed.

3 Unannounced quarterly simulation

To assess Contractor’s response time, technology and proficiency of procedures.

Quarterly 2.4.1 COR/ PCMOs/ MOs

Virtual Meeting

By provided Due Date

4 Mock exam trainings of the TeleSANE services

To assess the equipment/supplies, technology and competencies of the health unit and PCMO(s) to 30 of the Peace Corps posts; with an estimated increase in five (5) exams per year.

Annually 2.4.2 COR/ PCMOs/ MOs

Virtual training

TBD

5 Continuing education credit hours to the annual continuing medical education conference

Supplies and presenters-related to sexual assault and/or intimate partner violence- to the annual continuing medical education conference (estimated two CME sessions per year)

Annually 2.4.3 COR/ PCMOs/ MOs

In Person or Virtual present-ation

TBD

6 Webinar The Contractor shall provide three 60 to 90 minute webinars per year-on sexual assault and/or intimate partner violence- to the Peace Corps Medical Officers.

Annually 2.4.4 COR/ PCMOs/ MOs

Webinar TBD

7 Live Training Live Training for Designated Staff and SAPR Team

Annually 2.4.5 COR/

SAPR

Team/ Designated Staff

Live Training

TBD

8 Conduct a debrief session for every mock and/or real exam.

A 30 to 60 minute debrief session with Peace Corps competency/QA tool to discuss achievements and any opportunities for improvement.

As needed 2.2.1 &2.4.2.1 Peace Corps Clinicians, Forensic Nurse Specialist

Virtual Meeting

Within two business days of exam.

9 Template for TeleSANE Record

Peace Corps and Vendor will collaborate to create the template for the TeleSANE

Once 2.3 COR/ Forensic Nurse Specialist

Document Within 60 days of award

10 Written Report/ TeleSANE Record

Record provided after each exam utilizing the agreed upon TeleSANE Record Template.

After each exam

3.1 PCMO Document

11 Monthly Meeting Contractor will provide meeting agenda.

Monthly 7.0 COR Word document

24 hours before monthly meeting

5.0 PERFORMANCE REQUIREMENTS SUMMARY (PRS)

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

Service Output Performance Objective

Acceptable Quality Level

(AQL)

Method of Surveillance

24/7/365 Virtual TeleSANE Service

All required service performed within the specified time requirements.

Contractor meets the specified time requirement 95% of the time

Periodic surveillance by the COR or government designee

Engagement with

PCV/T

All required service performed within the specified time requirements.

Contractor meets the specified time requirement 95% of the time

Periodic surveillance by the COR or government designee

Other Services All required service performed within the specified time requirements.

Contractor meets the specified time requirement 95% of the time

Periodic surveillance by the COR or government designee

Training All required service performed within the specified time requirements.

Contractor meets the specified time requirement 95% of the time

Periodic surveillance by the COR or government designee

6.0 Key Personnel

The Contractor shall identify Key Personnel labor categories and tasks to be completed by the designated Key Personnel. The proposed Key Personnel shall have a minimum of 5 years’ experience in the field they are being proposed.

Program Manager: The program manager must be a registered nurse with nursing management experience. Must have reporting experience. Experience with managing telehealth or TeleSANE services.

Experience with budgeting and resource allocation. Cultural sensitivity is a must. The Program Manager shall be 50% dedicated to this contract.

Sexual assault nurse examiners. The sexual assault nurse examiners must have a minimum of two years’ experience as a sexual assault nurse, must be certified as a SANE-A or obtain certification within nine months of hire, and must have recent -within last 12 months-training in diversity, equity and inclusion or within three months of hire. In addition, a certificate of completion of training in trauma-informed care-or training that encompasses the topic- is required within three months of hire.

The Contractor shall identify staff for positions designated as “Key Personnel.” The Government deems these positions as critical to the performance of work under this contract. Any proposed substitutes for individuals occupying these positions shall possess qualifications equal to or superior to those of the key personnel being replaced. The inability of the Contractor to provide personnel with equal to or superior qualifications of the key personnel may result in termination of the contract. The CO may at his/her discretion add to or subtract from this list.

All key personnel are subject to the following requirements:

• Replacement is subject to the prior written approval of the Contracting Officer (CO)

• Requests for replacement shall include a detailed y pe containing a description of position duties and qualifications, as well as information about the qualifications of the individual(s) proposed and any security clearance(s) held.

• Contractor proposals to replace the Program Manager off the contract shall be submitted in writing at least thirty (30) days in advance of proposed move, and are subject to the approval of the CO, including approval of proposed replacement.

7.0 Meetings

The Contractor shall be available for monthly meetings with the COR to review reports, discuss general program operation and address any issues or concerns. Meetings may be held via teleconference or video conference. The Contractor is responsible for the meeting agenda. The date and time and method of meetings will be mutually agreed between the Contractor and Government. The Contractor shall be available to communicate on a regular basis via telephone or email, to address any problems that arise in the administration of this contract. The Contractor shall participate in a post-award (contract kick-off) meeting within 10 days after contract award. The post-award meeting will be held at the Contractor’s facility or via teleconference or video conference.

8.0 Travel

Travel will be approved in advance and in writing by the COR. All travel will be reimbursed at cost in accordance with the Federal Travel Regulation. The Contractor must follow the established per diem rates and provide evidence of actual cost with their invoice. Any requirements for travel shall be approved in advance by the COR. Reimbursement for actual (approved) travel costs incurred during the performance of support services shall be in accordance with Part 31 of the Federal Acquisition Regulations and the

Federal Travel Regulations (FTR). Travel requirements under this contract shall be met using the most economical form of transportation available. If economy class transportation is not available, the Contractor must submit to the COR a request for advance approval to utilize higher class travel. All travel should be scheduled sufficiently in advance to be able to take advantage of offered discount rates.

Individual 'travel authorization letters' may be provided to the contractor (for all contractor personnel who are required to travel) which may allow contractor personnel to receive government rates when on long distance travel. The FTR and per diem rates can be accessed at: www.gsa.gov and type "FTR" in the search box. No travel reimbursement will be authorized unless the Contractor provides sufficient written evidence of actual travel costs incurred to include, but not limited to, receipts, ticket stubs, registers, and/or other documentation, as required by the Government.

• International Travel

For international travel needs to support Section 2.4.3, travel shall include airfare for Contractor staff members, international per diems, visas/entry requirements and vaccinations, customs and baggage fees, and ground transportation/car rental for transportation in country. International per diem rates are based on the U.S. State Department, Offices of Allowances “Foreign Per Diem Rates by Location” which can be accessed at: https://aoprals.state.gov/web920/per_diem.asp.

Peace Corps will require two nurses to attend. For planning purposes, plan for travel to Morocco for Fiscal Year 2023. For subsequent option years, locations, and dates to be determined.

9.0 Accessibility under Section 508

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

All deliverables will be Section 508 compliant and will be reviewed for complianceby the government which reserves the right to reject the deliverable(s) until remediation of deficiencies has been successfully completed by the Contractor. The complete text of Section 508 Standards can be accessed at http://www.access-board.gov/ or at http://www.section508.gov.

Where appropriate, the Contractor(s) shall indicate whether each product or service is compliant or noncompliant with the accessibility standards at 36 CFR 1194. Further, the quotemust indicate where full details of compliance can be found (e. g., vendor’s website or other exact location).

The following Section 508 Accessibility Standard(s) are applicable to all Information Communication Technology (ICT) products and services.

ICT Includes but is not limited to:

☒ Telecommunications equipment ☒ Websites ☒ Electronic documents

Functional Performance Criteria is the minimally acceptable standards to ensure Section 508 compliance.

This block should also be checked to ensure that the minimally acceptable electronic and information technology (EIT) is proposed.

Functional Performance Criteria ☒ Functional Performance Criteria http://www.gsa.gov/ http://www.access-board.gov/ http://www.section508.gov/

10.0 DELIVERY REQUIREMENTS

The above items shall be delivered according to the period of performance in Sections 2 and 3 of the Performance Work Statement (PWS). The vendor shall deliver all training as detailed in Section 1.1 / Attachment 3: CLIN Structure of this purchase order as follows:

SHIPPED ELECTRONICALLY TO:

Entered at Award

11.0 NOTICE REGARDING LATE DELIVERY

The Contractor shall notify the appointed COR via email as soon as it becomes apparent to each Contractor, that scheduled delivery will be late. The Contractor shall include the notification and rationale for late delivery, the expected date for the delivery and the project impact of the late delivery. The COR will review the new schedule and provide guidance the Contractor. Such notification in no way limits any Government contractual rights or remedies including but not limited to termination.

12.0 PLACE OF PERFORMANCE

The services delivered in this contract shall be performed virtually with the exception of training for Continuing Medical Education (CME) conferences which may be performed either virtually or in-person as directed by the Contracting Officer’s Representative (COR) as well as travel in the event the contractor must provide testimony for cases adjudicated in the United States upon subpoena.

13.0 PERIOD OF PERFORMANCE

The anticipated Period of Performance will consist of one (1) 12-month base period and four (4) 12-month option periods.

SECTION 14 – CONTRACT ADMINISTRATION

14.1 CONTRACT MANAGEMENT

14.1.1 Contract Specialist

Christina Ostronic 1275 First St. NE Washington, DC 20526 Email: costronic@peacecorps.gov mailto:costronic@peacecorps.gov

14.1.2 Contracting Officer

Noemi Edwards 1275 First St. NE Washington, DC 20526 Email: nedwards@peacecorps.gov

14.1.3 Contracting Officer’s Representative (COR)

Entered at award.

The COR supports and assists the CO in the technical monitoring and administration of this contract. The COR will monitor the Contractor’s technical compliance and progress relative to this contract. Technical direction is defined as direction to the Contractor which fills in details, suggests possible lines of inquiry, or otherwise supplements the scope of work. Technical direction must be confined to the general scope of work of the contract and shall not constitute a new assignment, nor supersede or modify any terms or conditions under the contract. Changes to the contract will be in writing and can only be issued by the CO. The COR is NOT authorized to re-delegate his or her authority.

All correspondence concerning technical matters related to this order shall be addressed to the COR with a copy to the CS. COR will be determined at Contract Award.

14.1.4 Contractor Point of Contact

Entered at award.

14.2 CONTRACTING OFFICER’S AUTHORITY

The Contracting Officer (CO) is the only person authorized to make or approve any changes to any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

SECTION 15 - INVOICE INSTRUCTIONS (APR 2021)

15.1 Minimum requirements for a PROPER INVOICE:

• Complete contract number, including task/delivery/call order number (if applicable);

• Name and address of the Contractor;

• Invoice date and invoice number;

• Description of supplies/products/services provided;

• Quantity of services/supplies provided;

• Period of performance covered by the invoice;

• Unit of issue, as specified in the Contract Line Item Number (CLIN), and/or Schedule of services;

• Unit price and extended total, for each CLIN;

• Invoice total;

• Shipping and payment terms, (as applicable);

• Electronic funds transfer (EFT) account/payment information;

• Signature of the Contractor's authorized representative;

mailto:nedwards@peacecorps.gov

• Contractor's Tax Identification Number (TIN); and

• Any other contract-directed requirements.

In the event that an invoice is “improperly” submitted (e.g. incorrect contract/order number, invoice amount, labor categories, contract rates, CLINs, etc.) it will be rejected as an improper invoice and returned to the contractor. Also, an invoice is considered improper if it is received before the product or service is received, inspected and accepted by the COR.

15.2 Invoice delivery and formatting

• Invoices shall be in PDF format and forwarded via email to GAPdomesticinvoice@peacecorps.gov with a copy to the Contracting Officer’s Representative (COR) and/or Technical Point of Contact (TPOC);

• A separate attachment for each invoice is required;

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

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

• Bill only for one delivery order per invoice;

• Bill for only one option period per invoice;

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

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

15.3 Invoice Certification

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

15.4 Invoice Payment

For the purposes of this subsection, “invoice payment” is a Government disbursement of moneys to the Contractor under this contract for products and/or services which are received, inspected, and accepted by the Government. Invoices are payable in accordance with the requirements of the Prompt Payment Act.

Payment will be considered as being made on the day of the electronic funds transfer is made. The failure to properly submit invoices may result in a delay in payment.

15.4.1 Applicable to time and material and labor hour contracts The following backup information is required as an attachment to the invoice as shown by category of cost:

(1) Direct Labor - Identify the number of hours (by contractor labor category and total) and the total direct labor hours billed for the period of the invoice.

(2) Subcontracts - Identify the major cost elements for each subcontract.

(3) Other Direct Costs - When the cost for an individual cost (e.g., photocopying, material and supplies, telephone usage) exceeds $1,000 per the invoice period, provide a detailed explanation for that cost category.

(4) Indirect Cost Rates - Identify by cost center, the indirect cost rate, the period, and the cost base to which it is applied.

(5) Contractor Acquired Equipment - Identify by item the quantities, unit prices, and total dollars billed.

(6) Contractor Acquired Software - Identify by item the quantities, unit prices, and total dollars billed.

mailto:GAPdomesticinvoice@peacecorps.gov

(7) Travel - When travel costs exceed $2,000 per invoice period, identify by trip, the number of travelers, the duration of travel, the point of origin, destination, purpose of trip, transportation by unit price, per diem rates on daily basis and total dollars billed. Detailed reporting is not required for local travel.

Any costs requiring advance consent by the Contracting Officer will be considered improper and will be disallowed, if claimed prior to receipt of Contracting Officer consent.

For questions regarding payments, please send an email inquiry, including the contract number and order number (if applicable), the invoice number, billed amount, due date, and date sent via email to Disbursing@peacecorps.gov

15.5 Withholding of Contract Payments

Notwithstanding any other payment provision of this contract, failure of the Contractor to submit required reports when due, or failure to perform or deliver required services/supplies may result in the withholding of payments under this contract. Payments may be withheld unless such failure arises out of circumstances beyond the Contractor’s control and without fault or negligence on the part of the Contractor, as provided for in the relevant contract clauses. The Peace Corps will promptly notify the Contractor of its intention to withhold payment of any voucher or invoice in full; however, if only a portion(s) of the invoice are being withheld, then the voucher may be processed without notification to the Contractor to prevent delay in payment.

15.6 Final Invoice

The Contractor’s final invoice submitted under the contract must be marked as follows: THIS INVOICE

CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE NO OTHER

MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award). Upon receipt of final payment, the contractor agrees to complete a “Release of Liability” within 10 days from date “Release of Liability” is received from the CO.

15.7 Unliquidated Obligations (ULO)

An unliquidated obligation (ULO), for this purpose, represents the amount of goods or services ordered by the Peace Corps for which payment has not been made (liquidated). The parties agree that any remaining ULO amount equal to or less than $100 for which 1) the performance period has expired and 2) the final invoice has been received will be unilaterally de-obligated via a modification to the contract.

SECTION 16 - SPECIAL CONTRACT REQUIREMENTS

16.1 USE OF PEACE CORPS NAME AND LOGO

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

16.2 INTERPRETATIONS OF MODIFICATIONS

No oral or written statement of any person and no written statement of anyone other than the CO shall modify or otherwise affect the terms and conditions of this contract. Requests for interpretations, modifications or changes must be made in writing to the CO. The technical point of contact can only respond to technical matters that do not result in a change of scope to this contract.

mailto:Disbursing@peacecorps.gov

16.3 INSPECTION & ACCEPTANCE

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

16.4 RESTRICTION ON ADVERTISING

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Peace Corps, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor shall contain the following statement:

“This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”

16.5 DATA SECURITY REQUIREMENTS

The Contractor is responsible for the protection and confidentiality of all Peace Corps technical data and findings. The contractor shall protect the information and information technology resources of the Peace Corps as proprietary to the Peace Corps.

Peace Corps information systems contain sensitive information and contain personal information subject to the Privacy Act of 1974 (PL 93-579 and amendments). It will be the Contractor's responsibility to familiarize and brief employees and subcontractors on the provisions of the Privacy Act. FAR clauses, 52.224-1: "Privacy Act Notification" 52.224-2: "Privacy Act", and 52.224-3: “Privacy Training”, are hereby incorporated by reference.

The confidentiality and disclosure provisions of Title VII of the Civil Rights Act of 1964 and Title I of the American with Disabilities Act prohibit disclosure of any charge or charge-related information. The contractor shall agree that such information will not be disclosed and will only be used for the performance of their responsibilities under this contract.

Contractor activities providing support to the Peace Corps will operate in accordance with agency policies, manual sections, standard operating procedures, and federal regulations, to include MS 524 IT Security Policies and Procedures, and the Federal Information Security Management Act (FISMA).

The Contractor shall ensure all deliverable documents have the following indicated on each page:

“Unclassified// FOR OFFICAL USE ONLY” and shall be handled as such.

16.6 RIGHTS TO INTELLECTUAL AND/OR CREATIVE DATA

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

16.7 BREACH OF INFORMATION NOTIFICATION REQUIREMENT

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

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

16.8 SYSTEM ACCESSIBILITY AND EASE OF USE

Section 508 – Electronic and Information Technology (EIT) Standards The Section 508 standards established by the Architectural and Transportation Barriers Compliance Board (Access Board) are incorporated into, and made part of all the Peace Corps orders, solicitations and purchase orders developed to procure Electronic and Information Technology (EIT). These standards are found in their entirety at: http://www.section508.gov and http://www.access-board.gov/sec508/standards.htm. A printed copy of the standards will be supplied upon request.

16.9 PROTECTED HEALTH INFORMATION

The Contractor meets the definition of business associate, “Business associate” shall generally have the same meaning as the term “business associate” at 45 CFR 160.103 of the Health Insurance Portability and Accountability Act (HIPAA) and the Peace Corps meets the definition of a covered entity. “Covered entity” shall generally have the same meaning as the term “covered entity” at 45 CFR 160.103 of the HIPAA. Therefore, a Business Associate Agreement (BAA) between the Contractor and the Peace Corps is required to comply with HIPAA Rules, “HIPAA Rules” shall mean the Privacy, Security, Breach Notification, and Enforcement Rules at 45 CFR Part 160 and Part 164. Section H.3 serves as the required BAA. As a Business Associate, the Contractor shall comply with the HIPAA applicable to a business associate performing under this Contract. The following terms used in this contract shall have the same meaning as those terms in the HIPAA Rules: Breach, Data Aggregation, Designated Record Set, Disclosure, Health Care Operations, Individual, Minimum Necessary, Notice of Privacy Practices, Protected Health Information, Required By Law, Secretary, Security Incident, Subcontractor, Unsecured Protected Health Information, and Use.

16.9.1 The Contractor shall not use or disclose protected health information and use appropriate safeguards to prevent use or disclosure of Protected Health Information (PHI) or Personally Identifiable Information (PII) except as permitted or required by this contract or as required by law.

16.9.2 The Contractor shall use administrative, physical, and technical safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of the electronic protected health information that it creates, receives, maintains, or transmits in the execution of this contract.

16.9.3 The Contractor shall mitigate, to the extent practicable, any harmful effect that is known to the Contractor of a use or disclosure of PHI/PII in violation of the requirements of this contract.

16.9.4 The Contractor shall report to the Government any security incident involving PHI/PII of which it becomes aware, including breaches of unsecured protected health information as required at 45 CFR 164.410, and any security incident or any use or disclosure of PHI/PII not provided for by this contract of which the Contractor becomes aware in accordance with 45 CFR 164.410.

16.9.5 The Contractor shall ensure that any agent, including a subcontractor, that creates, receives, maintains, or transmits protected health information on behalf of the Contractor or to whom it provides PHI/PII received from, or created or http://www.section508.gov/ http://www.access-board.gov/sec508/standards.htm received by the Contractor on behalf of the Government agrees to the same restrictions, conditions, and requirements that apply under this contract to the Contractor with respect to such information as stipulated in 45 CFR 164.502(e)(1)(ii) and 164.308(b)(2).

16.9.6 The Contractor shall ensure that any agent, including a subcontractor, to whom it provides electronic PHI/PII, agrees to implement reasonable and appropriate safeguards to protect it as stipulated in 45 CFR 164.308(b)(2).

16.9.7 The Contractor agrees to provide access, at the request of the Government, and in the timeframe and manner designated by the Government, to PHI/PII in a designated record set. This access shall be provided to the Government, or as directed by the Government, to an individual in order to meet the requirements and obligations under 45 CFR 164.524.

16.9.8 The Contractor shall make any amendment(s) to PHI/PII in a designated record set that the Government directs or agrees to pursuant to 45 CFR 164.526 at the request of the Government or an individual, and in the timeframe and manner designated by the Government at no increase in contract price or cost.

16.9.9 The Contractor shall make internal practices and records required to provide an accounting of disclosures relating to the use and disclosure of PHI/PII received from, or created or received by the Contractor on behalf of the Government, available to the Government, or at the request of the Government to the Secretary, for purposes of the Secretary determining the Government’s compliance with HIPAA rules and Privacy Rule under 45 CFR 164.528.

16.9.10 The Contractor shall document such disclosures of PHI/PII and information related to such disclosures as would be required for the Government to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR 164.528.

16.9.11 The Contractor shall provide to the Government or an Individual, in time and manner designated by the Government, information collected in accordance with this section of the Contract, to permit the Government to respond to a request by an Individual for an accounting of disclosures of PHI in accordance with 45 CFR

164.528. General Use and Disclosure Provisions. Except as otherwise limited in this section, the Contractor may use or disclose PHI on behalf of, or to provide services to, the Government for treatment, payment, or health care operations purposes, in accordance with the specific use and disclosure provisions below, if such use or disclosure of PHI would not violate Subpart E of 45 CFR Part 164.

16.10 DATA AVAILABILITY

The data must be available to the Government upon request within one business day or within the timeframe negotiated with the Contractor, and shall not be used for any other purpose other than that specified herein. The Contractor shall provide requested data at no additional cost to the government.

16.11 DATA RELEASE

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract. In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor’s responsible employees. Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for that purpose and to the extent authorized herein. Further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. §§ 1030.

The Contractor shall not disclose Customer Data to any government or third party or access or use

Customer Data; except in each case as necessary to maintain the Cloud Services or to provide the Cloud Services to Customer in accordance with this contract, or as necessary to comply with the law or a valid and binding order of a governmental or regulatory body (such as a subpoena or court order). Unless it would be in violation of a court order or other legal requirement, Contractor shall give the Government reasonable notice of any such legal requirement or order, to allow Government to seek a protective order or other appropriate remedy.

16.12 DATA OWNERSHIP

All Government data collected in the system is the property of the Federal Government. All data collected by the system shall be provided by the Contractor (system provider) as requested during the contract period and at the completion of the contract period.

16.13 CONFIDENTIALITY AND NON-DISCLOSURE

Personnel working on any of the described tasks, may, at Government request, be required to sign formal non-disclosure and/or conflict of interest agreements to guarantee the protection and integrity of Government information and documents.

Additionally, any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any persons except as may be necessary in the performance of the contract. In performance of this contract, the Contractor assumes responsibility for protection of the confidentiality of Government records and shall ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor’s responsible employees. Each officer or employee of the Contractor or any of its subcontractors to whom any Government record may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such officer or employee can be used only for that purpose and to the extent authorized herein. Further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. §§ 1030.

16.14 PEACE CORPS NON-DISCLOSURE AGREEMENT

Each individual contractor/subcontractor employee who performs work on this contract is required to sign an Employee NDA. The Contractor shall submit to the COR a completed confidentiality and NDA for each individual contractor/subcontractor.

The Contractor and all contractor/subcontractor employees may have access to sensitive data, proprietary, or confidential business information of other companies or the Government in the course of performing official duties on this contract. The term “proprietary information” means any information considered so valuable by its owners that it is held in secret by them and their licensees and is not available to the public.

All information that is (1) obtained related to or derived from this contract, and (2) results from or derived from any actual tasks assigned to contractor employees while participating on this contract is considered proprietary.

The Contractor and all contractor/subcontractor employees will not use vendor proprietary information except as necessary to perform this contract, and shall agree not to disclose such information to third parties, including any employee of the contractor/subcontractor who has not executed this NDA, or use such information in any manner inconsistent with the purpose for which it was obtained.