RFQ FINAL_03.28.22_Final.pdf

REQUEST FOR QUOTE: 1145PC22Q0042

LPI Tester Trainer

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

SECTION 2.0 – BPA OVERVIEW

2.1 - General Information

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

Agency Contact: Tiffany Wilson: twilson@peacecorps.gov

RFQ Issue Date: March 28, 2022

Questions Due Date: April 4, 2022

Quote Due Date: April 7, 2022

Term

For Multiple Award BPAs awarded the term of the BPA is a five-year period of performance with an option to extend the period of performance under FAR 52.217-8 for an additional six (6) months. Each BPA awarded shall be evaluated each year. The Peace Corps may terminate a BPA at any time after notifying the contractor.

Order Type

1. Orders:

The purpose of this Firm Fixed Price (FFP) BPA is to provide the Peace Corps with Language Proficiency Interview (LPI) Tester Trainers necessary for upcoming workshops at various Peace Corps posts to ensure volunteers live and work within the community they serve abroad, learning the local language and contributing skills.

mailto:twilson@peacecorps.gov

The Peace Corps is only obligated to the extent of authorized BPA orders placed against this BPA. Each order will be made in accordance with the stated evaluation factors. At a minimum, discounts provided in the original quote will be extended to each order; however, further discounts are requested. The Peace Corps reserves the right to purchase any supplies from the vendor.

2. Purchase Limitation:

The limitation for each individual order under this BPA shall not exceed $25,000.00. The estimated value of the BPA is not expected to exceed $318,000.00. However, Peace Corps reserves the right to increase the estimated value of the BPA without further synopsis.

3. Authorized to Purchase Under this BPA:

BPA orders may be issued by any Peace Corps Contracting Officer operating within the limits of their warrant.

An authorized letter shall be approved in writing by the Contracting Officer and provided to the Contractor. These individuals authorized to place orders against this agreement are the authorized representatives of the Contracting Officer.

The Contractor SHALL NOT accept orders from any individual not listed under this BPA. As appropriate, the BPA shall be modified to add and deleted individuals authorized to place orders.

Ordering Procedures/Requirements

a. Ordering under this BPA shall be accomplished through one of the following methods:

- Issuance of a purchase order prepared and signed by an authorized user (or)

- Use of the Government Purchase Card up to $2,500.

b. In all cases, an order number shall be furnished to the Contractor by the authorized user during placement of a call/order. The Contractor is required to insert the call/order number on the delivery ticket and invoice. Failure to include the call/order number on the delivery ticket and invoice shall adversely impact the expeditious processing of payments and shall be regarded as an invoice discrepancy.

4. Cancellation of BPA:

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

5. Period of Performance:

The BPA shall be reviewed annually before the anniversary of its effective date and revised as necessary to conform to the requirements of the Federal Acquisition Regulation. The BPA will consist of a 12-month base period and four (4) 12-month option periods.

6. Modifying the BPA:

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

7. Placement of Orders:

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

(b) The Vendor shall provide products and/or services under this agreement only as directed in orders issued by authorized individuals. Each order will include:

(1) Date of order;

(2) Catalog Agreement number and order number;

(3) Item number and description, quantity, unit price, and extended price;

(4) Delivery or performance date, if differs from the agreement;

(5) Place of delivery or performance (including consignee), if differs from the agreement;

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

(7) Accounting and appropriation data;

(8) Method of payment and payment office, if not specified in the agreement;

(9) Any other pertinent information.

(c) The vendor shall not accept orders for products or services not specifically listed in the catalog.

(d) Orders will be issued on a firm-fixed price basis.

8. Delivery:

The Contractor shall notify the Contracting Officers Representative (COR) and Contracting Officer, in writing, within 24 hours of learning information pertaining to a delay in delivery or identifying an event that may cause a delay in delivery. Upon notification, the Contractor shall coordinate with the Government to establish a revised delivery schedule. The COR will provide final approval of the revised delivery schedule.

PART II – REQUIREMENT

Overseas Programming and Support Service (OPATS) Statement of Work (SOW) Language Tester Trainer

1.0 BACKGROUND

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

• Improve the lives of people through grassroots assistance,

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

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

2.0 REQUIREMENT

The Peace Corps has a requirement for a five (5) year Blanket Purchase Agreement (BPA).

The Government estimates, but does not guarantee, that purchases through this agreement may be $318,000.00 over the life of the Agreement. This is not a maximum ceiling amount; it is strictly an estimate and may be exceeded at the discretion of the Government on a unilateral basis. There is no minimum guaranteed dollar amount, quantity, or initial order quantity. The Government is obligated only to the extent of authorized purchases actually ordered under this BPA.

The Agreement is for testing and training services for Language Proficiency Interview (LPI) tester training virtually and at various locations worldwide under FAR 12 - Commercial. The Contractor shall coordinate with the Language Testing Specialist at Peace Corps Headquarters and local Peace Corps staff in the country where testers are trained.

Position Summary The LPI Tester Trainer will prepare for, facilitate, and process the results of tester training to be conducted virtually or at specified Peace Corps posts. Training will be conducted for local Peace Corps staff in how to correctly administer and conduct Peace Corps’ Language Proficiency Interview (LPI) and apply Peace Corps’ LPI system to evaluate spoken language. The contractor is important in re-certifying previously trained testers, certifying new testers, and providing quality assurance and quality control for language testers. The LPI Tester Trainer will prepare for, facilitate, and process the results of tester training to be conducted virtually or at specified Peace Corps posts. Preparation will include materials review and meetings and written communication with the Peace Corps language testing specialist and local post staff. In-person training will require travel to the post(s). Training will be conducted for local Peace Corps staff in how to correctly administer and conduct Peace Corps’ Language Proficiency Interview (LPI) and apply Peace Corps’ LPI system to evaluate spoken language. The training will include presentations about the LPI, demonstrations, and practice activities. The LPI Tester Trainer will assess participant performance regarding LPI theory, rating accuracy, and interviewing technique, then make certification recommendations based on their performance. The contractor is important in re-certifying previously trained testers, certifying new testers, and providing quality assurance and quality control for language testers.

Duties and Responsibilities

1. Work with the Language Testing Specialist at PC/Washington to plan training and, if applicable, travel.

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

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

4. Transport materials to posts from PC/Washington, as needed.

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

6. Discuss with local Language Coordinator issues of quality control, Training of Language Trainers (TOT), and LPI Standards at each post.

7. Within three weeks of the conclusion of the training(s), email participant evaluations to the Language Testing Specialist at PC/Washington and recommend candidates for certification after carefully reviewing the following criteria for each candidate:

performance in the tester training performance on two interviews conducted by each candidate performance on a written theory test performance on a listen and rate test

8. Within three weeks of the conclusion of the training(s), email a detailed trip report to the Language Testing Specialist at PC/Washington for each post visited.

9. Mail all materials supplied by PC/Washington to the Language Testing Specialist at PC/Washington.

10. Mail all participant training evaluations, written assessments, and recorded certification interviews on flash drives to the Language Testing Specialist at PC/Washington.

Minimum Qualifications for Language Tester Training

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

• Certified ACTFL Tester.

• Experience conducting language tester training.

• Significant experience in language testing.

• Superior proficiency in the language of the training (English, Spanish, or French depending on the post).

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

Desired Qualification for Language Tester Training

• Certified ACTFL Tester Trainer.

• Experience working with the Peace Corps.

• Experience providing language tester training in virtual contexts.

3.0 SCHEDULE AND DELIVERABLES

***The contractor MUST be able to work at the designated locations on the specified training dates.

Sometimes we schedule two workshops back to back in different but geographically proximate countries, and in these defined cases we would ask the same contractor to conduct workshops at both posts. Other times, we would award the contract for just one training. EXAMPLE (1 post): Contractor should be available Oct 3-7 plus travel days for workshop in Ecuador. EXAMPLE (2 posts): Contractor should be available Oct 5-9 plus travel days for workshop in Benin AND Oct 10-14 plus travel days for workshop in Togo.

In other cases, training will be conducted virtually and approximately three days of contractor work time will be distributed across part time training days. EXAMPLE:

Day 1 Day 2 Day 3 Day 4 Day 5 Day 6 Day 7 Day 8 Day 9 1 hour 1 hour 5 hours 2 hours 3 hours 5 hours 4 hours 1 hour 2 hours

Schedule (in-person workshop, 1 post only) The consultancy will consist of eight days between and is divided as follows:

• One (1) days between and to review PC LPI tester training materials and hold a conference call with post prior to arrival at post.

• Five (5) working days, in-country to conduct PC LPI tester training workshop and meet with local Language Coordinator at Peace Corps post.

• Two (2) working days between, to review each candidate and submit recommendations for certification according to performance in the tester training workshop, performance on two interviews conducted by each candidate, performance on written theory test, and performance on listen and rate test.

Schedule (in-person workshop, 2 posts) The consultancy will consist of sixteen days between, and is divided as follows:

• Two (2) days between to review PC LPI tester training materials and hold a conference call with each post prior to arrival at post.

• Five (5) working days in-country to conduct PC LPI tester training workshop and meet with local Language Coordinator at Peace Corps post.

• Five (5) working days, in-country to conduct PC LPI tester training workshop and meet with local Language Coordinator at Peace Corps post.

• Four (4) working days between to review each candidate and submit recommendations for certification according to performance in the tester training workshop, performance on two interviews conducted by each candidate, performance on written theory test, and performance on listen and rate test.

Schedule (virtual training) The consultancy will consist of six days between and is divided as follows:

• One (1) days between to review PC LPI tester training materials and hold a conference call with post prior to the training.

• Three (3) working days, to be distributed across nine part-time training days between to conduct PC LPI tester training.

• Two (2) working days between to review each candidate and submit recommendations for certification according to performance in the tester training, performance on two interviews conducted by each candidate, performance on a written theory test, and performance on a listen and rate test.

Closeout/Final Payment

After completing each consultancy that requires travel, please send a final voucher/payment package to the Language Testing Specialist at PC/Washington after the trip.

• Contact the Language Testing Specialist at PC/Washington after trip. Return all materials to Language Specialist (training materials, participant assessments, participant training evaluations, and trip report).

• Return the following travel voucher and contract payment forms.

o International Travel Voucher: All expenses related to your international travel (round trip travel from home of record to the post) are to be claimed on travel voucher forms attached to your initial Travel Authorization Form (TA). See enclosed form for Travel Voucher.

o Compensation (Daily Rate) Voucher: You will submit an invoice for salary. You will receive this form with your contract.

o Pre-Contract Costs Voucher (Non-taxable): You will submit receipts and a separate invoice to claim reimbursement for pre-contract that are itemized in the contract expenses (insurance, visa, passport, immunizations, FedEx, etc.). Non-taxable items must be invoiced separately from taxable compensation. You will receive this form with your contract.

o Final Report: You will complete this at the conclusion of your contract.

o Signed Contractor Release Form: You will receive this form with your contract.

• Make arrangements within 3 weeks after the training to conduct a conference call with the Language Testing Specialist at PC/Washington to discuss recommendations for tester certification, notes from local Language Coordinator meeting, and overall training feedback.

Deliverables The Contractor shall complete and submit all deliverables within the time specified in the below chart.

The Peace Corps will review deliverables for quality, completeness, and correctness. The Contracting Officer Representative (COR) will notify the Contractor of any non-conformance or revisions needed before providing final acceptance of deliverables. The COR has the right to reject or require correction of any deficiencies found in the deliverables. Approval of the COR will come after the review and approval by Agency Stakeholders, including Subject Matter Experts. Once these reviews are completed, the COR will notify the Contractor of acceptance of the deliverables. In the event of rejection of the deliverables, the COR will notify the Contractor in writing as to the specific reason why the deliverables are being rejected. Reworks or edits shall be delivered to the COR within 5 business days of receiving feedback from COR.

Item No.

Deliverable Date Due

Pre-training planning call with post staff, facilitated by PC/Washington Language Testing Specialist. Review Peace Corps tester training materials, provided by PC/Washington.

At least one week prior to trip

Item No.

Deliverable Date Due

In cases where travel is necessary, prepare for the trip. Contractor is responsible for getting vaccinations, purchasing insurance, ensuring passport validity, and obtaining visas, if applicable. The Peace Corps Program Assistant will coordinate with the contractor to arrange transportation and prepare Travel Authorization. (Note: In some cases, Peace Corps may be able to assist with visas.)

At least 3-4 weeks prior to training

Conduct LPI tester training virtually or at a specified Peace Corps post, including but not limited to administration of written theory test, listen and rate test, and participant interviews of sample candidates (two interviews conducted by each participant). Ensure that audio recordings are captured for participant-led interviews and that scored written exams are retained by contractor. Provide each participant with a training evaluation form at the conclusion of the event.

Specified training dates

Email participant evaluations and all assessment materials to Language Testing Specialist. Mail back any physical materials received, if applicable.

Within three weeks after training

Submit emailed report to the Language Testing Specialist that recommends candidates for certification, after carefully reviewing the following criteria for each candidate:

• performance in the tester training;

• performance on two interviews conducted by each candidate;

• performance on the written theory test;

• performance on the listen and rate test.

Within three weeks after training

If applicable, complete and email to the Language Testing Specialist your detailed trip report using the template provided by the Peace Corps.

Within three weeks after training

Submit contract payment forms, and, if applicable, travel voucher, and applicable receipts to the PC/Washington Program Support Assistant, who can provide instruction on how to properly complete these forms.

Within three weeks after training

Note: In cases where two trainings are awarded together and conducted sequentially, the contractor must submit candidate recommendations and trip reports for each training separately. There should be outlined of CLINs – Tasks and/or deliverables of what the contractor will be doing in the base year.

There should also be CLINs for the option years.

4.0 PLACE OF PERFORMANCE

The place of performance will be virtual or at various overseas locations, specified for each individual training. This will be noted on each individual BPA Call.

COVID Language: All COVID protocols will align with Peace Corps Everlasting: Staff Roadmap to Return. This includes a coordinated return using the State Department’s Diplomacy Strong framework honoring an approach that is conditions-based and post-specific.

5.0 PERIOD OF PERFORMANCE

Actual training dates will vary specific to each language/post. The period of performance for this Agreement is five (5) years, with Calls placed against Agreement as required.

6.0 GOVERNMENT FURNISHED PROPERTY/EQUIPMENT

Government Furnished Property/Equipment consists of training materials described below.

Materials to be provided:

Training manuals Role-play cards PowerPoint slides Training Audio files Testing Audios files Training Video files

The contractor shall return the following materials to the Language Testing Specialist:

Training materials, participant assessments, participant training evaluations, and trip report.

7.0 TRAVEL

For travel and compensation, Travel Voucher and Compensation Voucher will be submitted. The Compensation Voucher based on the set daily rate shall be submitted for payment.

8.0 PRE-CALL COST (Non-taxable)

Receipts shall be submitted along with the Pre-Contract Cost on a PC approved Voucher for reimbursement of approved pre-contract cost listed below:

• Insurance

• Visa

• Passport

• Immunizations

Non-taxable items shall be invoiced separately from taxable compensation.

9.0 CONTRACTING OFFICER REPRESENTATIVE (COR)

TBD

AO/Office of Overseas Programming & Training Support Peace Corps Headquarters 1275 First Street, NE Washington, DC 20526 Email: TBD

10.0 INVOICE REQUIREMENTS

After completing each training, the contractor shall submit the final voucher/payment package to the Language Testing Specialist at Peace Corps/Washington.

Travel-related forms:

1. Travel voucher sheet with original signature

2. All receipts pertaining to travel (itemized food receipts not necessary)

3. Completed schedule of expenses sheet (submitted electronically)

International Travel Voucher: All expenses related to international travel (round-trip travel from home of record to Post) shall be claimed on travel voucher forms attached to the initial Travel Authorization (TA) Form. Maximum claimable lodging and per diem are based on official State Department daily rates, as established in the Travel Authorization.

Contract-related forms

1. Contractor’s release (1 page) with original signature

2. Purchase order, receiving report, and voucher (2 pages) with original signature on both pages

3. All receipts related to contract agreement (Clements, SOS, mailings, and misc.)

QUOTE PROPOSAL

Certified Language: (check only language you are certified in AND are willing to train under)

French ________

English ________

Spanish ________

Daily Rate:

Base Year: April 11, 2022 – April 10, 2023 $_________________________

Option Year One: April 11, 2023 – April 10, 2024 $_________________________

Option Year Two: April 11, 2024 – April 10, 2025 $_________________________

Option Year Three: April 11, 2025 – April 10, 2026 $_________________________

Option Year Four: April 11, 2026 – April 10, 2027 $_________________________

Special Conditions: (List dates you are UNAVAILABLE; IF you have hotel, airline preferences: will only serve in specific regions; will not work in certain areas for medical reasons, etc…)

1. Government-Furnished Property (GFP):

Government Furnished Property/Equipment consists of training materials described below.

Materials to be provided:

Training manuals Role-play cards PowerPoint slides Training Audio files Testing Audios files Training Video files The contractor shall return the following materials to the Language Testing Specialist:

Training materials, participant assessments, participant training evaluations, and trip report.

For travel and compensation, Travel Voucher and Compensation Voucher will be submitted. The Compensation Voucher based on the set daily rate shall be submitted for payment.

PART III – OTHER CONTRACTUAL TERMS AND CONDITIONS

1.0 TYPE OF AGREEMENT:

This is a firm-fixed price agreement.

2.0 INVOICING (APR 2021):

Minimum requirements for a PROPER INVOICE:

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

• Name and address of the Contractor;

• Invoice date and invoice number;

• Description of supplies/products/services provided;

• Quantity of services/supplies provide;

• Period of performance covered by the invoice;

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

• Unit price and extended total, for each CLIN;

• Invoice total;

• Shipping and payment terms, (as applicable);

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

• Signature of the Contractor's authorized representative;

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

• Any other contract-directed requirements.

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

Invoice delivery and formatting

• Invoices shall be in PDF format and forwarded via email to GAPdomesticinvoice@peacecorps.gov with a copy to the Contracting Officer’s

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

• A separate attachment for each invoice is required;

• The invoice size should be standard 8.5’x11.

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

• Bill only for one delivery order per invoice;

• Bill for only one option period per invoice;

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

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

mailto:GAPdomesticinvoice@peacecorps.gov

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

Invoice Payment For the purposes of this subsection, “invoice payment” is a Government disbursement of moneys to the Contractor under this contract for products and/or services which are received, inspected, and accepted by the Government. Invoices are payable in accordance with the requirements of the Prompt Payment Act. Payment will be considered as being made on the day of the electronic funds transfer is made. The failure to properly submit invoices may result in a delay in payment.

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

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

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

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

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

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

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

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

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

For questions regarding payments, please send an email inquiry, including the Peace Corps contract reference number, the invoice number, billed amount, due date, and date sent to Disbursing@peacecorps.gov

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

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

INVOICE CONSTITUTES THE FINAL INVOICE – UPON PAYMENT OF THIS INVOICE

NO OTHER MONIES ARE DUE UNDER CONTRACT NUMBER (to be assigned upon contract award). Upon receipt of final payment, the contractor agrees to complete a “Release of Liability” within 10 days from date “Release of Liability” is received from the CO.

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

3.0 PEACE CORPS TERMS AND CONDITIONS:

CONTRACTING OFFICER’S AUTHORITY:

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

CONTRACTING OFFICER’S REPRESENTATIVE:

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

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

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

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

Contractor request for changes shall be referred to the Contracting Officer directly. No such changes shall be made without the express written prior authorization of the Contracting Officer.

The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the Contractor.

AGREEMENT MANAGEMENT

Contracting Officer’s Representative (COR) TBD at award.

1275 First Street NE Washington, DC 20526 Email: @peacecorps.gov Phone: (202) 692-xxxx

AUTHORIZED ORDERING OFFICERS

Authorization for placing and administering orders under this agreement is given to any duly appointed Contracting Officer of the Peace Corps acting within the scope and limits of their Contracting Officer’s Warrant and/or the following designated Ordering Officials/Government Purchase Card (GPC) holders:

Name Order Limit TBD at award. $25,000 TBD at award. $25,000

RESTRICTIONS AGAINST DISCLOSURE

The Contractor agrees, in the performance of this contract, to keep the information furnished by the Government or acquired/developed by the Contractor under this contract or any other non-public information otherwise provided by the Government, in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information, in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to such information while in the Contractor´s possession, to those employees needing such information to perform the work described herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify the Contracting Officer in writing in the event that the Contractor determines or has reason to suspect a breach of this requirement has occurred.

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

OBTAINING ACCESS TO PROPRIETARY INFORMATION

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

UPDATING SPECIFICATIONS AND STANDARDS

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

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

INDEMNIFICATION

Responsibility for Government-owned or leased Property and Equipment. During performance, the Contractor shall be responsible for all negligent acts or omissions of its employees or agents or the employees or agents of its subcontractor(s). In this regard, the Contractor shall, at no cost to the Government and at the Government's option, replace or compensate the Government for any damage to or loss of Government-owned or -leased property caused by such negligent acts or omissions.

Responsibility for Contractor or Third-party owned or leased Property and Equipment. The Contractor shall indemnify the Government against any and all liability claims for loss or damage to any Contractor owned or leased property occurring as a result of negligence or omissions by employees or agents of the Contractor or its subcontractor(s) in connection with the performance of work under the terms of this contract.

Responsibility for Property and Equipment Damaged or Lost through no fault of the Contractor or the Government. Property damage or loss that occurs through no fault of either the Contractor, their subcontractors or agents or the Government shall be the responsibility of the party holding title to or having leased the property.

Contractor Actions. The Contractor shall indemnify and hold the Government, its agents and employees, harmless against any financial loss or liability, including costs and expenses, arising from any negligent or wrongful act, or omission, or malpractice, on the part of the Contractor, or any of its agents or employees, during the Contractor’s performance under this contract. The Contractor also agrees that if the Government suffers any financial loss or liability because of any negligent or wrongful act, or omission, or malpractice, by the Contractor, or any of its agents or employees, the Peace Corps may offset any such sums against any money in the Peace Corps’ possession, which would otherwise be due and payable to the Contractor.

USE OF PEACE CORPS NAME OR LOGO

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

RESTRICITION ON ADVERTISING

The Contractor shall not refer to this contract in commercial advertising or similar promotions in such a manner as to state or imply that the product or service provided is endorsed or preferred by the Peace Corps, or any other element of the Federal Government, or is considered by these entities to be superior to other products or services. Any advertisement by the Contractor shall contain the following statement: “This advertisement is neither paid for nor sponsored, in whole or in part, by any element of the United States Government.”

RIGHTS TO INTELLECTUAL AND/OR CREATIVE DATA

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

BREACH OF INFORMATION NOTIFICATION REQUIREMENT

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

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

PROHIBITION AGAINST SOLICITING AND PERFORMING PERSONAL SERVICES

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

Personal service contracting is described in Section 37.104 of the Federal Acquisition Regulations (FAR). There are a number of factors, when taken individually or collectively, which may constitute personal services. Each contract arrangement must be judged in light of its own facts and circumstances, but the question relative to personal services is: Will the Government exercise relatively continuous supervision and control over the contractor personnel performing this contract.

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

Contractor personnel under this contract shall not:

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

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

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

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

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

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

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

3.0 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES:

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

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

www.acquisition.gov

(End of Clause) http://www.acquisition.gov/

FAR

Clause

Title Date

52.203-3 Gratuities Apr 1984 52.204-7 System for Award Management Oct 2018 52.203-12 Limitation on Payments to Influence Certain Federal

Transaction

Oct 2010 52.203-17 Contract Employee Whistleblower Rights and

Requirements to Inform Employees of Whistleblower Rights

Apr 2014 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber

Content Paper

May 2011 52.204-13 System for Award Management Maintenance Oct 2018 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment Aug 2019

52.227-1 Authorization and Consent Dec 2007 52.232-39 Unenforceability of Unauthorized Obligations June 2013 52.233-3 Applicable Law for Breach of Contract Claim Oct 2004 52.242-13 Bankruptcy Jul 1995 52.242-15 Stop-Work Order Aug 1989 52.243-3 Changes- Time and Materials or Labor Hours Sep 2000

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS, ALTERNATE (NOV 2021)

(a) Inspection/Acceptance. (1) The Government has the right to inspect and test all materials furnished and services performed under this contract, to the extent practicable at all places and times, including the period of performance, and in any event before acceptance. The Government may also inspect the plant or plants of the Contractor or any subcontractor engaged in contract performance. The Government will perform inspections and tests in a manner that will not unduly delay the work.

(2) If the Government performs inspection or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish and shall require subcontractors to furnish all reasonable facilities and assistance for the safe and convenient performance of these duties.

(3) Unless otherwise specified in the contract, the Government will accept or reject services and materials at the place of delivery as promptly as practicable after delivery, and they will be presumed accepted 60 days after the date of delivery, unless accepted earlier.

(4) At any time during contract performance, but not later than 6 months (or such other time as may be specified in the contract) after acceptance of the services or materials last delivered under this contract, the Government may require the Contractor to replace or correct services or materials that at time of delivery failed to meet contract requirements. Except as otherwise specified in paragraph (a)(6) of this clause, the cost of replacement or correction shall be determined under paragraph (i) of this clause, but the "hourly rate" for labor hours incurred in the replacement or correction shall be reduced to exclude that portion of the rate attributable to profit. Unless otherwise specified below, the portion of the "hourly rate" attributable to profit shall be 10 percent. The Contractor shall not tender for acceptance materials and services required to be replaced or corrected without disclosing the former requirement for replacement or correction, and, when required, shall disclose the corrective action taken. [Insert portion of labor rate attributable to profit.]

(5)(i) If the Contractor fails to proceed with reasonable promptness to perform required replacement or correction, and if the replacement or correction can be performed within the ceiling price (or the ceiling price as increased by the Government), the Government may-

(A) By contract or otherwise, perform the replacement or correction, charge to the Contractor any increased cost, or deduct such increased cost from any amounts paid or due under this contract; or

(B) Terminate this contract for cause.

(ii) Failure to agree to the amount of increased cost to be charged to the Contractor shall be a dispute under the Disputes clause of the contract.

(6) Notwithstanding paragraphs (a)(4) and (5) above, the Government may at any time require the Contractor to remedy by correction or replacement, without cost to the Government, any failure by the Contractor to comply with the requirements of this contract, if the failure is due to-

(i) Fraud, lack of good faith, or willful misconduct on the part of the Contractor's managerial personnel; or

(ii) The conduct of one or more of the Contractor’s employees selected or retained by the Contractor after any of the Contractor’s managerial personnel has reasonable grounds to believe that the employee is habitually careless or unqualified.

(7) This clause applies in the same manner and to the same extent to corrected or replacement materials or services as to materials and services originally delivered under this contract.

(8) The Contractor has no obligation or liability under this contract to correct or replace materials and services that at time of delivery do not meet contract requirements, except as provided in this clause or as may be otherwise specified in the contract.

(9) Unless otherwise specified in the contract, the Contractor's obligation to correct or replace Government-furnished property shall be governed by the clause pertaining to Government property.

(e) Definitions. (1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. As used in this clause-

(i) "Direct materials" means those materials that enter directly into the end product, or that are used or consumed directly in connection with the furnishing of the end product or service.

(ii) "Hourly rate" means the rate(s) prescribed in the contract for payment for labor that meets the labor category qualifications of a labor category specified in the contract that are-

(A) Performed by the contractor;

(B) Performed by the subcontractors; or

(C) Transferred between divisions, subsidiaries, or affiliates of the contractor under a common control.

(iii) "Materials" means-

(A) Direct materials, including supplies transferred between divisions, subsidiaries, or affiliates of the contractor under a common control;

(B) Subcontracts for supplies and incidental services for which there is not a labor category specified in the contract;

(C) Other direct costs (e.g., incidental services for which there is not a labor category specified in the contract, travel, computer usage charges, etc.);

(D) The following subcontracts for services which are specifically excluded from the hourly rate: [Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule.]; and

(E) Indirect costs specifically provided for in this clause.

(iv) "Subcontract" means any contract, as defined in FAR subpart 2.1, entered into with a subcontractor to furnish supplies or services for performance of the prime contract or a subcontract including transfers between divisions, subsidiaries, or affiliates of a contractor or subcontractor. It includes, but is not limited to, purchase orders, and changes and modifications to purchase orders.

(i) Payments. (1) Work performed. The Government will pay the Contractor as follows upon the submission of commercial invoices approved by…