06_Amendment 16PBGC20Q00200001.pdf

Offers must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended, by one of the following methods:

(a) By completing items 8 and 15, and returning or (c) By separate letter or electronic communication which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by letter or electronic communication, provided each letter or electronic communication makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

E. IMPORTANT: Contractor is not is required to sign this document and return copies to the issuing office.

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT 1. CONTRACT ID CODE

2. AMENDMENT/MODIFICATION NUMBER 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQUISITION NUMBER 5. PROJECT NUMBER (If applicable)

7. ADMINISTERED BY (If other than Item 6) CODE

STANDARD FORM 30 (REV. 11/2016)

Prescribed by GSA FAR (48 CFR) 53.243

FACILITY CODE

9A. AMENDMENT OF SOLICITATION NUMBER

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NUMBER

10B. DATED (SEE ITEM 13)

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offers is extended. is not extended.

12. ACCOUNTING AND APPROPRIATION DATA (If required) copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS. IT MODIFIES THE CONTRACT/ORDER NUMBER AS DESCRIBED IN ITEM 14.

CHECK ONE A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE CONTRACT ORDER NUMBER

IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation data, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(b).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15C. DATE SIGNED

15A. NAME AND TITLE OF SIGNER (Type or print)

16C. DATE SIGNED

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

PAGE OF PAGES

6. ISSUED BY CODE

8. NAME AND ADDRESS OF CONTRACTOR (Number, street, county, State and ZIP Code) (X)

CODE

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

16B. UNITED STATES OF AMERICA

(Signature of Contracting Officer)

Previous edition unusable

Continuation Page

Continued from Block 14...

PBGC 52.207-7000, Contingency Telework

The due date and time are hereby extended to Friday, April 10, 2020, 3:00 PM. The method of submission for submitting a response to the RFP remains unchanged.

Offerors must sign and submit the SF-30 amendment along with the response to the RFP.

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Table of Contents

QUESTIONS AND ANSWERS

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JAN 2020)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

PBGC 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (JAN 2012)

PBGC 52.204-7000 RECORDS MANAGEMENT (SEP 2017)

PBGC 52.207-7000Contingency Telework (COVID-19) (MAR 2020)

PBGC 52.209-7001 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 2017)

PBGC 52.209-7002 HANDLING PBGC DATA (MAY 2017)

PBGC 52.231-7000 OTHER DIRECT COSTS (MAY 2012)

PBGC 52.232-7000 SUBMISSION OF INVOICES (FIXED-PRICE) (SEPT 2017)

PBGC 52.237-7000 KEY PERSONNEL (APR 2018)

PBGC 52.237-7002 FITNESS DETERMINATION (APR 2019)

PBGC 52.237-7004 TRAINING (MAR 2016)

PBGC 52.237-7005 INFORMATION SECURITY TRAINING (MAR 2016)

PBGC 52.237-7006 PROFESSIONAL ATTIRE (OCT 2018)

PBGC 52.237-7007 DISPLAY OF PBGC IDENTIFICATION BADGES (FEB 2013)

PBGC 52.237-7008 OBSERVANCE OF LEGAL HOLIDAYS (OCT 2018)

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CLAUSES

QUESTIONS AND ANSWERS

PAGE 4 OF 29 16PBGC20Q00200001

1. Is there an incumbent to this contract?

Yes, there is an incumbent to this contract.

2. If applicable, what was the previous contract award number, previous contract value, and incumbent name?

The previous contract award number is PBGC01-CT-15-0023. Previous total contract value is $4,999,384.00. The incumbent is PAC Solutions LLC.

3. Is the incumbent eligible to bid on this contract?

Yes, the incumbent is eligible to bid on this contract.

4. Are there current employees filling this position that might intend on remaining with a new contractor?

The government cannot disclose whether there are current employees filling positions under the previous contract that would intend on remaining with the successor contractor. However, the awardee of the new contract is required to comply with clause FAR 52.222-17, Nondisplacement of Qualified Workers. Please reference, the clauses section of the solicitation, under which clause 52.222-17 is incorporated by reference.

Full text of the clause can be found in the Federal Acquisition Regulations (FAR).

5. Will the government allow the successful vendor to interview incumbent staff to verify they are suitable to remain on contract? Or will that be the government’s sole decision?

The awardee of the new contract is required to comply with clause FAR 52.222-17, Nondisplacement of Qualified Workers. This clause includes requirements for determination of suitability. Please reference, the clauses section of the solicitation, under which clause 52.222-17 is incorporated by reference. Full text of the clause can be found in the Federal Acquisition Regulations (FAR).

6. If applicable, are current services being performed onsite at PBGC Headquarters or via an alternate site (off location)?

Current services were being performed both on-site and via an alternate site (off location). Please reference 3.28, Place of Performance for work location requirements under the new contract.

Please also note that, due to measures taken to prevent the spread of the Coronavirus (COVID-19), staff is, currently, working off-site. Additionally, PBGC recently implemented the clause, PBGC 52.207-7000, Contingency Telework, to allow for maximum provision of remote work, as applicable and allowable, under a contract with PBGC. This clause is to be incorporated into the new contract and reads as follows:

PBGC 52.207-7000 - Contingency Telework (COVID-19)

Due to the continued Federal and local guidance for social distancing and OPM guidance for maximum telework flexibilities in response to COVID-19, contingency telework may be permitted under this contract, with written approval from the COR. The

PAGE 5 OF 29 16PBGC20Q00200001

Contractor shall have a written telework policy in place to ensure uninterrupted performance of work under this contract, which shall be provided to PBGC upon request.

The Contractor shall ensure that work is suitable to be performed at the alternate location, and performance can be tracked and invoiced in accordance with the terms and conditions of the contract. If applicable, the Contractor shall ensure that Confidential Unclassified Information (CUI) or Personally Identifiable Information (PII) are adequately protected in compliance with PBGC's Privacy and Security policies, including applicable contract clauses. Work not performed on PBGC premises shall be performed on the PBGC network to ensure that PBGC data will not be exposed to unauthorized alteration, destruction, or compromise. Contractor telework performed pursuant to this clause shall require written reauthorization by the COR every 30 days and may be revoked without notice. In no way does this clause materially alter the performance obligations under the contract, including deliverable schedules and minimum service and support obligations. If contract performance will be affected by COVID-19, such matters must be addressed with the Contracting Officer.

7. There is no budget provided in the tender document. Is there any budget allocated for this request for proposal (RFP)? Please provide an approximate budget cap for the project.

The government does not intend to provide an approximate budget cap in this solicitation. Offerors are to refer to the Pricing Schedule, Instructions to Offerors and Evaluation Factors for Award for price proposal requirements.

8. Is this a non-personal or personal service type contract?

This is a non-personal service type contract.

9. How long is the clearance process for PBGC? The solicitation is requiring that new staff be onboarded within thirty (30) days. Does this include the period of PBGC clearance?

The thirty (30) onboarding process includes the period of PBGC clearance.

10. What level of public trust clearance is required for candidates?

The position risk level designation is moderate.

11. Does the Service Contract Act (SCA) apply to this contract? If so, can you please provide the applicable Wage Determination for this location that will be used.

No, the Service Contract Act (SCA) does not apply to this contract. Refer to 29 CFR § 541.200, Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Computer, and Outside Sales Employees.

12. If this Solicitation is covered under the Service Contract Act, what are the WDOL classifications for this position?

The Service Contract Act (SCA) does not apply to this contract. Refer to 29 CFR §

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13. What are the Work Determination numbers and The Service Contract Act (SCA) codes for the non-exempt positions?

The Service Contract Act (SCA) does not apply to this contract. Refer to 29 CFR §

14. How many of the specified positions are currently vacant?

Currently the data analyst/functional analyst position is vacant, as it is a new position under the new requirement. All other positions are currently filled.

15. Are all positions full-time with a 40-hour work week and standard paid leave?

All positions are full-time with a 40-hour work week. Please refer to 3.25, Core Hours, 3.27, Contract Transition, and 3.28, Place of Performance for PBGC requirements for contractor availability and staffing requirements under this solicitation. FAR 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706) is incorporated by reference. Full text of the clause can be found in the Federal Acquisition Regulations (FAR). Please also refer to PBGC 52.237-7008, Observance of Legal Holidays (Oct 2018), provided in full text in this solicitation.

16. Are there any weightage or selection points, for the provided criteria or sections, to be carried out with the RFP response document?

In accordance with Evaluation Factors for Award in this solicitation, the following applies to evaluation of factors:

The non-price evaluation factors are listed below. All factors are of equal importance.

1) Technical Approach

2) Qualifications of Key and Other Personnel

3) Past Performance

When combined, the non-price evaluation factors are significantly more important than Price in the selection of the Offeror. While the Price factor has no numerical weight or adjectival rating, it is a criterion in the overall evaluation of proposals. Furthermore, the proposed price must be considered reasonable and must reflect the proposed technical approach. The Government may award a contract to other than the lowest priced offer. If two or more offers are considered technically equivalent, the evaluated price will be of primary importance in determining the proposal most advantageous to the Government.

Please refer to the Evaluation Factors for Award for the complete requirements under this section.

17. Just to confirm, is PBGC wanting to fill six (6) positions or just the data specialist and or analyst positions?

PBGC is filling six (6) positions. In accordance with Evaluation Factors for Award, the offeror shall fully address the evaluation factor listed in Evaluation Factors for Award, PAGE 7 OF 29 16PBGC20Q00200001

Factor 2: Qualifications of Key and Other Personnel, to include the staffing plan and continuity plan. Personnel for this effort is as follows:

Personnel Category Number of Personnel Key or Non-Key Supervisor 1 Non-Key Document Specialist 1 Non-Key Data Specialist 2 Key Data Analyst/Functional

2 Non-Key

18. Please confirm the number of resume’s we need to submit. Is it four (4), one for each labor category) or six (6), one for each proposed staff? Is it mandatory or optional in providing non-key personnel resumes (Reference Page 37, Factor 1)?

The offeror shall submit six (6) resumes. One for each proposed staff. In accordance with Evaluation Factors for Award, the offeror shall submit a resume for both Key and Other Personnel who will perform the duties in the PWS. The Offeror shall provide enough information to support the qualifications of all proposed Personnel. All resumes shall include:

1. Name

2. Proposed Position

3. Status (full time, part time, etc.)

4. Education – College/Trade School attended (with dates)

a. Degree, certificate received (hours completed)

b. Major studies

5. Experience

a. Date of employment (month/year)

b. Employer

c. Job Title

d. Concise description of experience, duties and responsibilities. If supervisory position, provide length of services (month/year) in the position and number of personnel supervised.

For each person proposed, the Offeror shall indicate whether the person is:

(1) Currently employed by the contractor.

(2) Planning to join the company.

(3) A subcontractor; or

(4) Other arrangements have been made.

Letters of commitment shall be provided for proposed individuals that are not currently in the employment of the Offeror or subcontractor.

19. How many pages required for each key personal?

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There is no set number of pages required for each key personnel. However, in accordance with Instructions to Offerors, the maximum length of Part I, Technical Proposal, shall be limited to forty (40) single-sided pages including all tables and figures. The technical proposal shall be submitted on 8 ½" x 11" pages, using no less than ten (12) point character size and no less than an average of 3/4" around each page for margins. Page numbers shall be centered in the bottom margin. Tables and figures shall use no smaller than ten (10) point character size and must be clear and readable.

The following items are excluded from the above stated page limitation: letters of commitment, cover page, table of contents, resumes, and blank pages. Contractors are required to adhere to all the aforementioned page limitations.

Please refer to Instructions to Offerors for complete requirements under this section.

20. Do you need a data analyst with actuarial experience or a data analyst with experience and skills in data manipulation, SAS, R, SPSS, and SQL programming?

Actuarial experience is not a requirement of data analyst position. Specialized experience requirements for the data analyst position includes four (4) years of experience programming using SQL and Oracle tools.

Refer to Attachment 4, Minimum Qualifications.

21. The written technical proposal instructions require submittal of resume information to include the following:

Education – College/Trade School attended (with dates)

a. Degree, certificate received (hours completed)

b. Major studies

Will the government accept, as sufficient data, the year that the Degree was obtained, and the year that certifications were received (Reference Factor 2)?

The Government will accept, the year that the degree or certificate was obtained. However, the offers must include the hours completed if the proposed personnel is in the process of completing a degree or certificate.

22. Page 40, Instructions to Offerors, Price states the following: “Price will be evaluated for reasonableness and appropriateness of proposed amounts for the offerors understanding of the requirements.”

However, the volume of service requests is not provided, and six (6) personnel are indicated.

Please clarify whether the government is requiring a firm-fixed price (FFP) of six (6) full-time employees (FTEs) as indicated on page 36, Factor 2. If the government is requesting a staffing estimate from offerors, please provide volume data for service requests reflecting the general complexities.

In accordance with Evaluation Factors for Award, the offeror shall fully address the evaluation factor listed in Evaluation Factors for Award, Factor 2: Qualifications of Key

PAGE 9 OF 29 16PBGC20Q00200001

and Other Personnel, to include the staffing plan and continuity plan. Personnel for this effort is as follows:

Personnel Category Number of Personnel Key or Non-Key Supervisor 1 Non-Key Document Specialist

1 Non-Key Data Specialist 2 Key Data Analyst/Functional

2 Non-Key

The price proposal under this solicitation must provide firm-fixed pricing for

23. Could you please share the overall data volume?

The overall data volume for 2019 totaled 2,312.

24. What type of sources are required to handle loading of data between the systems?

There is no requirement for sources to handle the loading of data between the systems

25. Just to confirm, will the contractor have to develop its own tools, software program to get the work done (reference last sentence of the first paragraph in section 3.0, Scope of Work)?

The Offeror may be asked for input and/or feedback in the creation of tools that support business processes.

26. We need to use other Extract Transform Load (ETL) software approved by PBGC. What are the

ETL tools are currently being used?

Currently, PBGC is using Oracle Data Integrator and Oracle Data Quality.

27. What weight, in the evaluation factors, is given to the start-up and phase-out plan when being evaluated as part of the technical approach?

There is no weight assigned to the start-up and phase-out plans when being evaluated as part of the technical approach. In accordance with the Evaluation Factors, The Offeror shall submit a proposal that describes the Offeror’s technical methods and approach to performing the requirements specified in the solicitation, and how the Offeror’s methods and approach to meeting the solicitation requirements will provide the Government with a high level of confidence of successful contract performance.

28. Please confirm whether the “startup” and “phase out” plans represent or mean the same thing when referenced in the solicitation. These terms are used interchangeably on page 39 of the solicitation under Evaluation Factors. If these terms are not the same thing, please explain the distinction between the start-up and phase-out plans.

PAGE 10 OF 29 16PBGC20Q00200001

The start-up and phase-out plans are two (2) distinct plans.

In accordance with the Evaluation Factors for Award, the start-up plan must contain a reasonable and realistic approach for assuming full contractual responsibility without service disruption or degradation of performance during the transition period when the contract period of performance begins. The transition period shall not exceed 30 days.

The plan shall identify risk and propose appropriate response strategies, a realistic and achievable Start-up schedule. The start-up plan shall ensure that sufficient resources are on hand and available to begin work under the requirements and shall include a statement that the proposed personnel are available, trained, and qualified to perform work under this effort.

Conversely, the phase-out plan must demonstrate the offeror’s ability to enable a transition to replacement services when the contract period of performance ends. The plan shall provide phase-out support for generally up to 30 days to the subsequently selected contractor if the incumbent contractor is not selected.

29. The request for proposal (RFP) states the following:

(a) Provide a Staffing Plan that demonstrates the ability to staff this contract, both for the initial workforce and for staff replacements and additional hires as the workload fluctuates as well as proposed mechanisms for obtaining staff under this contract (Reference, Page 40, Factor 2, Qualifications of Key and Other Personnel).

If required, we could leverage the labor categories (Data Specialist, Data Analyst/Functional Analyst, Documentation Specialist, and Supervisor). How do we adjust the staffing plan for the workload fluctuation, beyond these labor categories?

The requirements under this solicitation include the specific labor categories as outlined (Supervisor, Documentation Specialist, Data Specialist, Data Analyst/Functional Analyst). In accordance with the Evaluation Factors for Award, the offeror’s staffing plan shall demonstrate the following:

(a) The ability to staff this contract, both for the initial workforce and for staff replacements and additional hires as the workload fluctuates as well as proposed mechanisms for obtaining staff under this contract.

(b) Provide a Continuity Plan that demonstrates an approach to ensure continuity of both key personnel and other personnel to minimize the need for re-training to avoid lost experience, to prevent turbulence of operations, and to maximize production goals.

Additionally, the staffing plan requirements outlined in the performance work statement (PWS) are as follows:

The staffing plan must ensure continuity of staff and work at an acceptable quality level and meet the service level agreement. An eighty (80) percent acceptable quality

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level and service level agreement will be effective thirty (30) business days after the transition period is completed. After which, a ninety (90) percent acceptable quality level and service level agreement will be effective until the contract ends.

The staffing plan shall, therefore, address the proposed personnel under the labor categories as outlined.

Refer to the Evaluation Factors for Award and the PWS for complete requirements under these sections.

30. What versions of SQL and Oracle are currently being used? Can the government be more specific on the names of the tools, versions, used in the environment?

PBGC is currently using SQL 12 and Oracle 12.

31. The Contractor shall provide technical programming support for OBA tools. What are the technical programming languages other than VBA, SQL (Reference page 11, 3.6, Technical Support)?

In addition to VBA and SQL, PBGC uses SQL Plus.

32. Can the government provide the latest version of the PBGC Information Technology Systems Life Cycle Methodology (ITSLCM)?

The latest version of the PBGC Information Technology Systems Life Cycle Methodology can be provided upon contract award.

33. Is SAS or SPSS considered to be an approved software used by PBGC?

SAS is available at PBGC.

34. Is there any possibility for sub-contracting work? If so, what are the requirements?

The requirements under this solicitation allow for proposal of subcontractors. However, in accordance with FAR 19. In accordance with the Instructions to Offerors, for each person proposed, the Offeror shall indicate whether the person is:

(1) Currently employed by the contractor.

(2) Planning to join the company.

(3) A subcontractor; or

(4) Other arrangements have been made.

Letters of commitment shall be provided for proposed individuals that are not currently in the employment of the Offeror or subcontractor.

52.219-14, Limitations on Subcontracting is incorporated by reference under this solicitation.

Full text of the clause can be found in the Federal Acquisition Regulations (FAR).

35. Will the government allow use of subcontractor’s past performance to meet the past performance criteria? If so, are there any limitations?

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Subcontractor past performance cannot be used to meet the past performance criteria under this requirement. In accordance with the Instructions to Offerors, the Offeror shall fully address the evaluation factor in its written technical proposal.

The Offeror shall provide a narrative on each of three (3) projects, similar in scope, magnitude, and complexity to this requirement that are ongoing or have been completed within the past three

(3) years and that the Offeror was the Prime Contractor. The narrative on each project shall include the following information:

1. Customer name and address

2. Customer points of contact (name, title, telephone and email)

a. For contractual matters (e.g. Contracting Officer)

b. For technical performance (e.g. Contracting Officer’s Representative)

3. Contract number (if applicable, provide contract number available in CPARS)

4. Total dollar value of the contract. If performed as part of a team, provide the dollar value of your company’s contribution.

5. Period of contract performance

6. Description of services provided, including the specific services provided Each narrative shall explain how the project is relevant to this requirement, in terms of scope, magnitude and level of complexity.

Refer to the Instructions to Offerors for the complete requirements under this section.

36. The written technical proposal instructions require submittal of three (3) Past Performance projects. Will the government allow submission of subcontractor past performance as long as the majority of the Past Performances are provided by the Prime Offeror (Reference Factor 3)?

See Question 35.

37. The request for proposal (RFP) states, “If two or more offers are considered technically equivalent, the evaluated price will be of primary importance in determining the proposal most advantageous to the Government” (Page 39, Evaluation Factors for Award). What are the evaluation criteria used to determine the best evaluated price between two contractors who are considered technically equivalent?

In accordance with the Evaluation Factors for Award under this solicitation, while the Price factor has no numerical weight or adjectival rating, it is a criterion in the overall evaluation of proposals. The proposed price must be considered reasonable and must reflect the proposed technical approach. Price offers will not be point scored, assigned a numerical weight, nor adjectivally rated. Price will be evaluated for reasonableness and appropriateness of proposed amounts and for the Offeror’s understanding of the proposal requirements.

Therefore, the aforementioned evaluation criteria would be used to determine the best evaluated price between two contractors who are considered technically equivalent.

38. There is some mention of “travel”, is that local to the DC area or regional?

Travel may be local to the Washington, DC area or regional.

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39. The Solicitation was listed on March 17th with an aggressive response end date of March 31st. Is there any change in that due to the COVID-19 situation we are all facing?

The Government is understanding of the impact that COVID-19 has had on business operations everywhere and intends to extend the due to April 10, 2020.

40. The Government understands all small business contractors are now facing the terrible and dangerous epidemic COVID-19 Coronavirus situation. We kindly request the Government to give us a few weeks extensions for preparing and submitting proposals.

The Government is understanding of the impact that COVID-19 has had on business operations everywhere and intends to extend the due to April 10, 2020.

41. We have a registered office in the United States and have an offshore development center (ODC) in India. The project would be signed with our United States entity, and the tasks will be done out of the ODC in India. In addition, we have sales and account managers in the United States to manage the offshore team and deliver the project. Please confirm whether we can bid for this request for proposal (RFP).

This solicitation is being issued as a Competitive 8(a) set-aside under the Small Business Administration (SBA) Business Development Program. Offerors must be certified 8(a) participants firms able to perform the applicable services under The North American Industry Classification System (NAICS) Code for this requirement is 541611 with a size standard of $15.0M.

In addition, the offeror must be able to meet the 3.25, Core Hours, 3.27, Contract Transition, and 3.28, Place of Performance for PBGC requirements for contractor availability and staffing requirements under this solicitation. Please also note the following for place of performance under this solicitation:

The Contractor shall perform at Pension Benefit Guaranty Corporation (PBGC) Headquarters or at an approved alternate work location. The Contractor work may be accomplished off-site with all being conducted only on and within the PBGC network to ensure that PBGC data and software developed for PBGC will not be exposed to unauthorized alteration, destruction or compromise.

3.28.1 Alternate Work Location (off-site)

The work may be accomplished off-site with all work being conducted only on and within the PBGC network to ensures that PBGC data and software developed for PBGC will not be exposed to unauthorized alteration, destruction or compromise. The off-site location should be no more than six (6) hours from PBGC headquarters. At a minimum one (1) Data Specialist and one (1) Data Analyst must be onsite during the core hours unless the government closes in response to severe weather, special events and other emergency situations. The COR reserves the right to review the activities or list of items completed and deny payment based on the quality of those deliverables.

52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

(Reference 52.212-4)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL

ITEMS (JAN 2020)

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

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

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

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

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

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

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

(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

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

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

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

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

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

657a).

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

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

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

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

(ii) Alternate I (Nov 2011) of 52.219-6.

(iii) Alternate II (Nov 2011) of 52.219-6.

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

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

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

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

(17)(i) 52.219-9, Small Business Subcontracting Plan (AUG 2018) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Jan 2017) of 52.219-9.

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

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

(v) Alternate IV (Aug 2018) of 52.219-9.

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

(19) 52.219-14, Limitations on Subcontracting (JAN 2017) (15 U.S.C. 637(a)(14)).

(20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

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(21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2019) (15 U.S.C. 657f).

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

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

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

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

(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Jan 2020) (E.O.

13126).

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

(28) (i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).

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

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

(ii) Alternate I (July 2014) of 52.222-35.

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

793).

(ii) Alternate I (July 2014) of 52.222-36.

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

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

(33)(i) 52.222-50, Combating Trafficking in Persons (JAN 2019) (22 U.S.C. chapter 78 and E.O.

13627).

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

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

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

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

(36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun, 2016) (E.O. 13693).

(37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun, 2016) (E.O. 13693).

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

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

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

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

(40) 52.223-15, Energy Efficiency in Energy-Consuming Products(Dec 2007) (42 U.S.C. 8259b).

(41) (i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

(42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(43) 52.223-20, Aerosols (Jun, 2016) (E.O. 13693).

(44) 52.223-21, Foams (Jun, 2016) (E.O. 13693).

(45) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(46) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(47) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

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

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

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

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

(48) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

(49) 52.225-13, Restrictions on Certain Foreign Purchases (JUNE 2008) (E.O.`s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

PAGE 15 OF 29 16PBGC20Q00200001

(50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.4505, 10 U.S.C.2307(f)).

(54) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(55) 52.232-33, Payment by Electronic Funds Transfer--System for Award Management (Oct 2018) (31 U.S.C. 3332).

(56) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(58) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

(59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017)(15 U.S.C. 637(d)(13)).

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

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

(iii) Alternate II (Feb 2006) of 52.247-64.

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

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter 67).

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

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -Price Adjustment (Multiple Year and Option Contracts) (AUG 2018)(29 U.S.C. 206 and 41 U.S.C. chapter 67).

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

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

chapter 67).

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

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

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

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

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

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

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

(e)

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

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

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

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

(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (AUG 2019) (Section 889(a)(1)(A) of Pub. L. 115-232).

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(viii) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

(x) 52.222-36, Equal Opportunity for Workers with Disabilities(Jul 2014) (29 U.S.C. 793).

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

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

(xiii) 52.222-41, Service Contract Labor Standards (AUG 2018),(41 U.S.C. chapter 67).

(xiv) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O.

13627).

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

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

chapter 67.)

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

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

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

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xxii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (MAY 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxiii) 52.247-64, Preference for Privately-Owned U.S. Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of Clause)

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day prior to expiration of the contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within the term of this contract provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

PAGE 17 OF 29 16PBGC20Q00200001

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 66 months.

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

PBGC 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (JAN 2012)

The Contracting Officer's Representative (COR) is TBD , who may be reached at TBD . The COR is authorized to assist in monitoring the work under this contract. The COR is responsible for the technical administration of the contract and technical liaison with the contractor.

The COR IS NOT authorized to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance or other terms or conditions.

The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision shall be authorized in writing by the Contracting Officer.

The COR is authorized to review and recommend approval of:

(a) Technical matters not involving a change in scope, price, terms and conditions of the contract

(b) Progress reports

(c) Inspection and acceptance of services and deliverable products and

(d) Invoices.

The COR is not authorized to sign any contractual instruments or to direct any action that results in a change in the scope, price, terms or condition of the contract.

PBGC 52.204-7000 RECORDS MANAGEMENT (SEP 2017)

(a) Applicability

Contractors creating, working with, or otherwise handling Federal records, as defined in paragraph (b), regardless of the medium in which the record exists.

(b) Definitions

"Federal record" as defined in 44 U.S.C. 3301, includes all recorded information, regardless…