Solicitation 16PBGC20R0016_27Dec_Final.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

The items below are used for PBGC internal funding purposes only. The official Contract Line Item Number (CLIN) schedule follows in Section B. The contractor shall invoice in accordance with the official CLIN schedule and with clauses, PBGC 52.232-7000, Submission of Invoices (Fixed-Price) (MAR 2017) and PBGC 52.232-7006, Submission of Invoices/Vouchers -

IPP (OCT 2018).

0001 The Contractor shall provide services for the review and evaluation of the ME PIMS Recoded Model in accordance with the Statement of Objectives (SOO).

DELIVERY DATE: 03/06/2020

SHIP TO:

SEE SCHEDULE

DC

FOB : Destination Period of Performance: 03/06/2020 to 06/19/2020

1.00 EA

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Table of Contents

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PRICE SCHEDULE

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SECTION C DESCRIPTION/SPECS./WORK STATEMENT

SECTION D PACKAGING AND MARKING

D.1 PBGC 52.247-7000 PACKAGING AND MARKING (JAN 2012)

SECTION E INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

E.2 PBGC 52.246-7000 INSPECTION AND ACCEPTANCE OF DELIVERABLES (JAN 2012)

SECTION F DELIVERIES OR PERFORMANCE

F.1 SECTION F DELIVERIES OR PERFORMANCE

F.2 PBGC 52.237-7004 TRAINING (MAR 2016)

SECTION G CONTRACT ADMINISTRATION DATA

G.1 PBGC 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (JAN 2012)

G.2 PBGC 52.232-7000 SUBMISSION OF INVOICES (FIXED-PRICE) (SEPT 2017)

G.3 PBGC 52.232-7006SUBMISSION OF INVOICES/VOUCHERS - IPP (OCT 2018)

G.4 PBGC 52.237-7008 OBSERVANCE OF LEGAL HOLIDAYS (OCT 2018)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H.1 PBGC 52.204-7000 RECORDS MANAGEMENT (SEP 2017)

H.2 PBGC 52.209-7001 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 2017)

H.3 PBGC 52.209-7002 HANDLING PBGC DATA (MAY 2017)

H.4 PBGC 52.237-7000 KEY PERSONNEL (APR 2018)

H.5 PBGC 52.237-7002 FITNESS DETERMINATION (APR 2019)

H.6 PBGC 52.237-7005 INFORMATION SECURITY TRAINING (MAR 2016)

H.7 PBGC 52.237-7007 DISPLAY OF PBGC IDENTIFICATION BADGES (FEB 2013)

H.8 PBGC 52.239-7000 SECTION 508 ACCESSIBILITY STANDARDS (MAR 2016)

H.9 PBGC 52.242-7000 POSTAWARD CONFERENCE (MAR 2016)

SECTION I CONTRACT CLAUSES

I.1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2018)

I.2 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (OCT 2018)

I.3 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (OCT 2019)

I.4 52.215-1 INSTRUCTIONS TO OFFERORS--COMPETITIVE ACQUISITION (JAN 2017)

I.5 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

I.6 52.216-1 TYPE OF CONTRACT (APR 1984)

I.7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I.8 52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

I.9 52.224-2 PRIVACY ACT (APR 1984)

I.10 52.233-3 PROTEST AFTER AWARD (AUG 1996)

I.11 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)

I.12 52.242-15 STOP-WORK ORDER (AUG 1989)

I.13 52.246-25 LIMITATION OF LIABILITY--SERVICES (FEB 1997)

I.14 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

I.15 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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Table of Contents

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (OCT 2018)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 INSTRUCTIONS TO OFFERORS

SECTION M EVALUATION FACTORS FOR AWARD

M.1 EVALUATION FACTORS FOR AWARD

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SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 PRICE SCHEDULE

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SECTION B – PRICE SCHEDULE

1. GENERAL DESCRIPTION

The purpose of this procurement is to provide the Pension Benefit Guaranty Corporation (PBGC) with a peer review of the PBGC’s Multi-Employer (ME) PIMS Recoded Model.

The Contractor shall review the current ME PIMS Recoded Model and provide recommendations for modeling enhancements.

2. PRICE SCHEDULE

Base Period: The Offeror shall propose a Firm Fixed Price (FFP) for the ME PIMS Recoded Model (CLIN 0001) in order to complete the objectives contained within the Statement of Objectives (SOO).

Base Period: March 6, 2020 – June 19, 2020 ME PIMS Recoded Model

Firm Fixed Price

CLIN Description Unit Quantity Unit Price Total Price

0001 ME PIMS Recorded Model

Months 3.5

Total ME PIMS Recorded Model Base Period Price:

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SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 SECTION C DESCRIPTION/SPECS./WORK STATEMENT

PAGE 8 OF 63 16PBGC20R0016

Statement of Objectives PIMS Peer Review—The Multiemployer Pension Insurance Modeling System Recoded Model

Requirement Objectives:

The Moving Ahead for Progress in the 21st Century Act (MAP-21, Pub. L. No. 112-141) was enacted on July 6, 2012. Section 40233(a) of MAP-21 requires PBGC to contract with a capable agency or organization that is independent of the Pension Benefit Guaranty Corporation (PBGC) to conduct annual peer reviews of the Single-Employer (SE) Pension Insurance Modeling System (PIMS) and Multiemployer (ME) PIMS.

ME PIMS was entirely recoded by the Policy, Research and Analysis Department (PRAD) during 2018 to make it more flexible and powerful. The result – the ME PIMS recoded model – provides an increased level of flexibility and allows PBGC to better respond to congressional and other stakeholder questions as the insolvency of the program approaches. The recoded model generally uses the same methodologies, assumptions, and algorithms as the previous ME PIMS model. The objective of this peer review is to provide a targeted analysis of the PBGC’s ME PIMS recoded model. In particular, the Contractor shall review the methodologies and integrity of the newly developed ME PIMS recoded model.

The Contractor will review and evaluate the ME PIMS recoded model in order to:

• Confirm the methodologies used to develop cash flows, liabilities, and other pertinent calculations are performed consistent with ME program provisions.

• Identify changes in methods and assumptions from the previous model by comparing outcomes and evaluate whether those changes are likely to improve the results of the modeling.

• Review actuarial calculations in the model to assure accuracy.

• Summarize findings and provide recommendations to address those findings based on the results of the review.

The ME PIMS recoded model is developed in Excel with some VBA (Visual Basic for Applications) components to improve efficiency and reduce run-time. The model performs 500 simulations, producing stochastic results. The objective of the review is to assure accuracy of the calculations in the model rather than identify improvements to the structure.

The model relies on data from the Form 5500 database, primarily from the Schedules MB and H/I. The census data (ultimately the cash flows) are developed using supporting spreadsheets that calibrate to the Current Liabilities and Current Liability Normal Costs with sample census distributions. One of the changes to the recoded model was the expansion of the data base to include all ME pension plans. All other inputs did not change as part of the recoding and are therefore not included in the scope of the review.

Deliverables:

An evaluation report of the ME PIMS recoded model review that includes:

1. Identification of any differences in assumptions, methodologies or calculations between the recoded model and the previous model.

2. For each potential issue identified in the review, the report should explain the nature of the concerns, assess the significance on overall results, and recommend alternatives.

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SECTION D

PACKAGING AND MARKING

D.1 PBGC 52.247-7000 PACKAGING AND MARKING (JAN 2012)

The Contractor is responsible for the cost of all packing, packaging and mailing in accordance with the best commercial practices. All information submitted to the Contracting Officer or the COR must be clearly marked with the company name, the PBGC contract number, and identification of the item.

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SECTION E

INSPECTION AND ACCEPTANCE

E.1 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(Reference 52.246-4)

E.2 PBGC 52.246-7000 INSPECTION AND ACCEPTANCE OF DELIVERABLES (JAN 2012)

All deliverable items are to be furnished to the Contracting Officer's Representative (COR) or to PBGC personnel designated by the COR to receive a specific deliverable.

PBGC's receipt of a deliverable does not constitute acceptance by the Government. Final acceptance of any reports or other deliverable items required under this contract will be made in writing and may only be made by the COR or Contracting Officer.

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SECTION F

DELIVERIES OR PERFORMANCE

F.1 SECTION F DELIVERIES OR PERFORMANCE

PAGE 12 OF 63 16PBGC20R0016

SECTION F

DELIVERIES OR PERFORMANCE

1.0 PLACE OF PERFORMANCE

The Contractor shall perform the services outlined in the Statement of Objectives (SOO) at the Contractor’s site.

2.0 PLACE OF DELIVERY

All agreement deliverables must be delivered to the Contracting Officer’s Representative (COR) as identified in the contract.

PAGE 13 OF 63 16PBGC20R0016

F.2 PBGC 52.237-7004 TRAINING (MAR 2016)

(a) All costs associated with any training required to make a contractor employee qualified to perform tasks under this contract shall be borne by the contractor.

(b) The contractor may be reimbursed for the costs paid for obtaining training on Pension Benefit Guaranty Corporation (PBGC)-specific applications, policies, or procedures. When requesting such training, the contractor shall present a written justification to the Contracting Officer's Representative (COR) which clearly describes the training required, its direct benefits to PBGC, the impact if the training is not obtained, and the total cost of the training including:

(1) Salary or wages of contractor employees to be trained;

(2) Travel and accommodations in accordance with the Federal Travel Regulation;

(3) Tuition and fees when the training is provided by an institution not operated by PBGC or the contractor; and

(4) Training materials and textbooks.

(c) The Contracting Officer (CO) is the designated authority to approve or disapprove training requests and associated training costs. The CO must approve such training requests and costs before the training session begins. Invoices for the costs of approved training must be submitted to the COR, accompanied by valid receipts or other documentation providing proof of payment by the contractor.

PAGE 14 OF 63 16PBGC20R0016

SECTION G

CONTRACT ADMINISTRATION DATA

G.1 PBGC 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (JAN 2012)

The Contracting Officer's Representative (COR) is , who may be reached at . 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.

G.2 PBGC 52.232-7000 SUBMISSION OF INVOICES (FIXED-PRICE) (SEPT 2017)

(a) The contractor shall submit invoices for items and/or services rendered by e-mail to: InvoiceManager.InvoiceManager@pbgc.gov. All inquiries concerning payment should be directed to the General Accounting Branch at (202) 326-4062 #0 or by e-mail to:

InvoiceManager.InvoiceManager@pbgc.gov.

(b) To constitute a proper invoice, the invoice must include the information listed below.

(1) Name and address of the contractor.

(2) Invoice date and number.

(3) Contract number, line item number, and, if applicable, the order number.

(4) Description, quantity, unit of measure, unit price, and extended price of the items delivered.

(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on a Government bill of lading.

(6) Terms of any discount for prompt payment offered.

(7) Name, title, phone number, e-mail address, and mailing address of official to whom payment is to be sent.

(8) Name, title, phone number, e-mail address, and mailing address of official to notify in the event of an improper invoice.

(9) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(10) Electronic Funds Transfer (EFT) banking information.

(i) The contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(ii) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision or contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer - System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management).

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(c) Substantiating documentation to be submitted with invoices must include copies of receipts or bills, and proof of payment for any authorized other direct costs for which the contractor is requesting reimbursement.

G.3 PBGC 52.232-7006 SUBMISSION OF INVOICES/VOUCHERS - IPP (OCT 2018)

(a) The contractor shall prepare and submit invoice summary pages for supplies and/or services provided under this contract using the Government's Invoice Processing Platform (IPP) Web-based

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service application. The IPP application is available at https://ipp.gov. This web site includes IPP instructions and training materials. Questions about the IPP application should be directed to the IPP Customer Support team at the e-mail address or phone number shown on the "Contact Us" page of the IPP web site.

(b) Individuals in the contractor's organization requiring a logon to access the company's IPP account, should contract their company's Collector Administrator. In the event the contractor does not have an IPP account and has not received IPP registration instructions from the IPP Help Desk (STLS.IPPHELPDESKI@stls.frb.org), the Pension Benefit Guaranty Corporation (PBGC) General Accounting Branch (GAB) should be contacted by e-mail at invoicemanager@pbgc.gov or phone at (202) 326-4062.

(c) A proper invoice/voucher and appropriate supporting documentation is required in addition to the IPP generated invoice summary page. Such invoices/vouchers and supporting documentation must be scanned and e-mailed to the Pension Benefit Guaranty Corporation (PBGC) at invoicemanager@pbgc.gov and to the Contracting Officer's Representative (COR) for this contract. Questions concerning the supporting documentation requirements for this contract should be directed to the COR. Inquiries concerning PBGC's invoicing procedures should be directed to the PBGC General Accounting Branch (GAB) by e-mail at invoicemanager@pbgc.gov or phone (202) 326-4062.

(d) In accordance with the requirements specified in FAR clause 52.212-4, Contract Terms and Conditions - Commercial Items (included in commercial item contracts) and FAR clause 52.232-25, Prompt Payment (included in contracts when FAR clause 52.212-4 is not used), the elements of a proper invoice/voucher are provided below.

(1) Name and address of the contractor.

(2) Invoice/voucher date and number.

(3) Contract number, line item number, and, if applicable, the order number.

(4) Description, quantity, unit of measure, unit price, and extended price of the items delivered.

(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on a Government bill of lading.

(6) Terms of any discount for prompt payment offered.

(7) Name of official to whom payment is to be sent.

(8) Name, title, and phone number of official to notify in event of defective invoice/voucher.

(9) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice/voucher only if required elsewhere in this contract.

(10) Electronic Funds Transfer (EFT) banking information.

(i) The contractor shall include EFT banking information on the invoice/voucher only if required elsewhere in this contract.

(ii) If EFT banking information is not required to be on the invoice/voucher, in order for the invoice/voucher to be a proper invoice/voucher, the contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision or contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer - System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management).

(iii) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(e) In addition to a proper invoice/voucher, the contractor must submit supporting documentation.

(1) The required Firm Fixed Price contract documentation includes copies of receipts or bills and proof of payment for any authorized Other Direct Costs (ODCs) for which the contractor is requesting reimbursement.

(2) The required Labor Hour and Time & Materials contract documentation includes (a) copies of time sheets indicating start and stop times of the personnel performing services under this contract (at PBGC's request, the contractor shall make available copies of any of the materials relevant to substantiating the hours billed) and (b) copies of receipts or bills, and proof of payment for any authorized ODCs for which the contractor is requesting reimbursement.

(3) The required Cost Reimbursement contract documentation includes (a) copies of time sheets indicating hours worked of the personnel performing work under this contract (at PBGC's request, the contractor shall make available copies of any of the materials relevant to substantiating the hours billed), (b) copies of receipts or bills, and (c) proof of payment for all incurred costs for which the contractor is requesting reimbursement.

(f) Failure of the contractor to submit a proper invoice/voucher and/or appropriate supporting documentation to InvoiceManager and the COR may result in payment delay or non-payment.

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G.4 PBGC 52.237-7008 OBSERVANCE OF LEGAL HOLIDAYS (OCT 2018)

The contractor shall establish a holiday schedule for personnel performing under this contract that exactly coincides with the Government's holiday schedule. Holidays peculiar to or dynamically declared by the Government shall be considered as holidays for contractor personnel and are not billable unless work is actually performed on these days. No work will be performed by contractor personnel on Government holidays without prior approval of the Contracting Officer's Representative.

Work performed on holidays shall be billable at the regular rate. Government holidays are: (1) New Year's Day, (2) Martin Luther King, Jr. Day, (3) President's Day, (4) Memorial Day, (5) Independence Day, (6) Labor Day, (7) Columbus Day, (8) Veteran's Day, (9 Thanksgiving Day, (10) Christmas Day,

(11) any other day designated by Federal statute, (12) any other day designated by Executive Order, and (13) any other day designated by the President's proclamation.

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SECTION H

SPECIAL CONTRACT REQUIREMENTS

H.1 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 of form or characteristics, made or received by a Federal agency under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the United States Government or because of the informational value of data in them. The term Federal record includes PBGC records but does not include personal materials; applies to records created, received, or maintained by contractors pursuant to their PBGC contract; and may include deliverables and documentation associated with deliverables.

(c) Requirements

(1) Contractor shall comply with all applicable records management laws and regulations, as well as National Archives and Records Administration (NARA) records policies, including but not limited to the Federal Records Act (44 U.S.C. chs. 21, 29, 31, 33), NARA regulations at 36 CFR Chapter XII Subchapter B, and those policies associated with the safeguarding of records covered by the Privacy Act of 1974 (5 U.S.C. 552a), and PBGC Directive IM 15-03, PBGC's Records Management Program. These policies include the preservation of all records, regardless of form or characteristics, mode of transmission, or state of completion.

(2) In accordance with 36 CFR 1222.32, all data created for Government use and delivered to, or falling under the legal control of, the Government are Federal records subject to the provisions of 44 U.S.C. chapters 21, 29, 31, and 33, the Freedom of Information Act (FOIA) (5 U.S.C. 552), as amended, and the Privacy Act of 1974 (5 U.S.C. 552a), as amended and must be managed and scheduled for disposition only as permitted by statute or regulation.

(3) In accordance with 36 CFR 1222.32, contractor shall maintain all records created for Government use or created in the course of performing the contract and/or delivered to, or under the legal control of the Government and must be managed in accordance with Federal law. Electronic records and associated metadata must be accompanied by sufficient technical documentation to permit understanding and use of the records and data.

(4) PBGC and its contractors are responsible for preventing the alienation or unauthorized destruction of records, including all forms of mutilation. Records may not be removed from the legal custody of PBGC or destroyed except for in accordance with the provisions of the agency records schedules and with the written concurrence of the Head of the Contracting Activity. Willful and unlawful destruction, damage or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. 2701. In the event of any unlawful or accidental removal, defacing, alteration, or destruction of records, contractor must report the incident to the PBGC Records Management Officer.

The agency must report promptly to NARA in accordance with 36 CFR 1230.

(5) The contractor is required to obtain the Contracting Officer's approval (with the exception of the initial award) prior to engaging in any contractual relationship (subcontractor) in support of this contract requiring the disclosure of information, documentary material and/or records generated under, or relating to, contracts. The contractor (and any subcontractor) is required to abide by Government and PBGC guidance for protecting sensitive, proprietary information, classified, and controlled unclassified information, as provided in PBGC 52.209-7002, Handling PBGC Data.

(6) The contractor shall only use Government IT equipment for purposes specifically tied to or authorized by the contract and in accordance with PBGC policy.

(7) The contractor shall only use its PBGC e-mail address to conduct business on behalf of PBGC.

(8) The contractor shall not create or maintain any records containing any non-public PBGC information that is not specifically tied to or authorized by the contract. The contractor must protect any such information as provided in PBGC 52.209-7002, Handling PBGC Data.

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(9) Any request for information, including by an individual pertaining to that individual, shall be directed to the PBGC Disclosure Officer for processing under the appropriate statutory scheme.

Information shall be made available only at the discretion of PBGC's Disclosure Officer and subject to the Freedom of Information Act, 5 U.S.C. Sec. 552, as amended; and any other applicable laws or regulations.

(10) All contractor employees assigned to this contract who create, work with, or otherwise handle records are required to take PBGC-provided records management training. The contractor is responsible for confirming training has been completed according to PBGC policies, including initial training and any annual or refresher training.

(d) Flow down of requirements to subcontractors

(1) The contractor shall incorporate the substance of this clause, its terms and requirements including this paragraph, in all subcontracts under this contract, and require written subcontractor acknowledgment of same.

(2) Violation by a subcontractor of any provision set forth in this clause will be attributed to the contractor.

H.2 PBGC 52.209-7001 ORGANIZATIONAL CONFLICTS OF INTEREST (AUG 2017)

(a) Purpose. The purpose of this clause is to ensure that the contractor (1) is not biased because of its financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor and any of its partners, affiliates or their successors in interest (after this collectively referred to as the "contractor") in the activities covered by this clause as a prime contractor, subcontractor, cosponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(1) Use of Contractor's Work Product. (i) The contractor shall be ineligible to participate in any capacity in Pension Benefit Guaranty Corporation (PBGC) contracts, subcontracts, or proposals therefor (solicited and unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the Contracting Officer, the contractor shall not perform any advisory and assistance services work under this contract on any of its products or services or the products or services of another firm if the contractor is or has been substantially involved in their development or marketing. Nothing in this subparagraph shall preclude the contractor from competing for follow-on contracts for advisory and assistance services.

(ii) If, under this contract, the contractor prepares a complete or essentially complete statement of work or specifications to be used in competitive acquisitions, the contractor is ineligible to perform or participate in any capacity in any contractual effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply. (iii) Nothing in this clause precludes the contractor from offering or selling its standard commercial items to the Government.

(2) Access to and use of information. (i) If the contractor, in the performance of this contract, obtains access to information, such as Corporate plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or data which has not been released or otherwise made available to the public, the contractor agrees that without prior written approval of the Contracting Officer it shall not: (A) use such information for any private purpose unless the information has been released or otherwise made available to the public; (B) compete for work for PBGC based on such information for a period of six months after either the completion of this contract or until such information is released or otherwise made available to the public, whichever is first; (C) submit an unsolicited proposal to the Government which is based on such information until one year after such information is released or otherwise made available to the public; and (D) release such information unless such information has previously been released or otherwise made available to the public by PBGC. (ii) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 or other confidential or privileged technical, business, or financial information under this

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contract, it shall treat such information in accordance with all restrictions imposed on disclosure and use of such information.

(c) Disclosure after award. (1) The contractor agrees that if changes, including additions, to the facts disclosed by it prior to award of this contract, occur during the performance of this contract, it shall make an immediate and full disclosure of such changes in writing to the Contracting Officer.

Such disclosure may include a description of any action which the contractor has taken or proposes to take to avoid, neutralize, or mitigate any resulting conflict of interest. PBGC may, however, terminate the contract for convenience if it deems such termination to be in the best interest of the Government. (2) In the event that the contractor was aware of facts required to be disclosed or the existence of an actual or potential organizational conflict of interest and did not disclose such facts or such conflict of interest to the Contracting Officer, PBGC may terminate this contract for default.

(d) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any facts required to be disclosed concerning this contract, including the existence of an actual or potential organizational conflict of interest at the time of or after award, the Government may terminate the contract for default, disqualify the contractor from subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract.

(e) Waiver. Requests for waiver under this clause shall be directed in writing to the Contracting Officer, and shall include a full description of the requested waiver and the rationale supporting the request. If it is determined to be in the best interests of the Government, the Contracting Officer may grant the waiver, after consultation with the PBGC Office of General Counsel.

(f) Subcontracts. (1) The contractor shall include a clause, substantially similar to this clause, including this paragraph (f), in subcontracts expected to exceed the Simplified Acquisition Threshold (SAT). The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights. (2) Prior to the award under this contract of any such subcontracts for advisory and assistance services, the contractor shall obtain from the proposed subcontractor or consultant a disclosure of all existing or potential organizational conflicts of interest and shall determine in writing whether the interests disclosed present a significant potential for an organizational conflict of interest. Where an actual or significant potential organizational conflict of interest is identified, the contractor shall take actions to avoid, neutralize, or mitigate the organizational conflict to the satisfaction of the contractor. If the conflict cannot be avoided or neutralized, the contractor must obtain the approval of the Contracting Officer prior to entering into the subcontract.

H.3 PBGC 52.209-7002 HANDLING PBGC DATA (MAY 2017)

(a) To the extent that the work under this contract requires the contractor to be given access to PBGC data, which includes, but is not limited to, personally identifiable information (PII) and controlled unclassified information (CUI) (collectively, "Sensitive Information"), the contractor shall take measures necessary to restrict access to and safeguard such data from unauthorized use and disclosure.

(1) For purposes of this clause, PII refers to any information about an identifiable individual maintained by the Pension Benefit Guaranty Corporation (PBGC), including but not limited to an individual's employment, medical and financial history, educational background, and family information that can be used to identify or trace an individual's identity, such as an individual's name, social security number, date and place of birth, mother's maiden name, and biometric records.

(2) CUI is information that laws, regulations, or Government-wide policies require to have access, safeguarding, or dissemination controls but excluding classified information. For these purposes, CUI includes PBGC records, pension plan and participant records, as well as any other Government information related to work pursuant to this contract and agency information related to existing, proposed, or contemplated legal, policy, program, operational, or similar matters.

(b) For the purposes of this clause, contractor and subcontractor shall include any officer, partner, employee, or agent of the contractor or the subcontractor, as applicable. The responsibilities and requirements imposed on the contractor under this clause are equally applicable to any subcontractors.

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(c) The contractor is bound by section (m) of the Privacy Act, 5 U.S.C. Sec. 552a(m) and as such, is considered under the Privacy Act to be an employee of the PBGC. Accordingly, the contractor is subject to the criminal penalties of the Privacy Act, 5 U.S.C. Sec. 552a(i).

(d) If performance of the contract requires the design, development, or operation of a system of records on individuals, the Contractor shall:

(1) Comply with all Federal statutes, regulations, and guidance for such system of records, including, but not limited to, the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act, including guidance issued by the Office of Management and Budget and the National Institute of Standards and Technology, in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies:

(i) The systems of records; and

(ii) The design, development, or operation work that the contractor is to perform.

(2) For purposes of this clause:

(i) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records.

(ii) "Record" means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint, voice-print, or photograph.

(iii) "System of records on individuals" means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual.

(e) Prior to starting work on this contract, all contractor employees assigned to work on this contract shall be required to take any training required by PBGC to gain access to PBGC data or information systems. In addition, contractor employees working on this contract will be required to complete mandatory annual refresher training. Failure to complete this training by the required deadlines may result in the contractor employee's access to PBGC data being terminated until said training requirement is fulfilled.

(f) The contractor agrees to maintain PBGC Data in the strictest confidence. The contractor also agrees not to publish, reproduce, or otherwise divulge PBGC data 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 limit access to PBGC data to those contractor employees needing such information to perform the work required under this contract.

(g) The Contracting Officer's Representative (COR) may require the contractor to obtain the written agreement of any contractor employees permitted access to PBGC data whereby the employee agrees not to discuss, divulge, or disclose any such information to any person or entity not directly concerned with performance of the contract work.

(h) If requested by the COR, the contractor shall sign an agreement whereby the contractor agrees not to discuss, divulge, or disclose any such information to any person or entity not directly concerned with performance of the contract work. A copy of any such agreement shall be provided to the COR. The contractor also may be required to provide the COR with reports itemizing the Sensitive Information received from each company under this contract.

(i) The contractor shall not remove PBGC data, whether in paper or electronic format, from approved locations or electronic storage without Contracting Officer's (CO's) prior, written approval. The contractor shall not disclose any Sensitive Information to subcontractors or other third parties unless the information is specifically related to the contract work. The contractor shall not knowingly violate any statutory or regulatory restrictions against the disclosure of Government records.

(j) The contractor shall administer a monitoring process to ensure compliance with the provisions of this clause and shall notify PBGC within 60 minutes of discovery, in writing, in the event that the contractor determines or has reason to suspect an incident impacting the confidentiality, integrity, or availability of PBGC data.

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(1) In such situations, the contractor shall notify the PBGC Service Desk by telephone (202-326-4000, ext. 3999) and, thereafter, the contractor shall immediately e-mail the PBGC Service Desk (desk.service@pbgc.gov) and also shall send a copy of the e-mail message to the COR or to the Point of Contact for an Interagency Agreement, as appropriate.

(2) If the incident involves, or may involve, Sensitive Information, the contractor shall also immediately e-mail the PBGC Privacy Office (Privacy_Breach@pbgc.gov).

(3) The contractor shall designate and identify an individual who will be responsible for the notifications required under this paragraph and who shall be responsible to receive responses from the COR or the PBGC Chief Privacy Officer. Report of an incident, including a breach of PII, by itself, shall not be interpreted as evidence that the contractor or subcontractor failed to provide adequate safeguards for PBGC data.

(k) The contractor shall:

(1) Conduct a full investigation of any security incidents and privacy breaches,

(2) Provide written updates regarding the investigation in accordance with a schedule set by the agency, and

(3) Notify, and provide a copy of the incident or breach report to, the agency, in writing, when the contractor closes the incident/breach.

(l) In addition, the contractor shall provide full access and cooperation, including, but not limited to, inspection, investigation, and forensic analysis, to facilitate an investigation and resolution of any security incidents and privacy breaches and when appropriate to the circumstances, shall implement immediate corrective actions to contain and prevent a recurrence.

(m) The contractor and subcontractor shall maintain the capability to:

(1) Determine what PBGC data was or could have been accessed and by whom;

(2) Construct a timeline of the breach to the extent possible;

(3) Determine the methods and techniques used to access PBGC data; and

(4) Identify the initial attack vector, if applicable.

(n) The contractor shall provide identity protection services equivalent to those available to PBGC through the US General Services Administration Blanket Purchase Agreement for any individual affected by a breach of PII. The contractor shall provide the identity protection services for the time period that PBGC would provide had a federal employee been responsible for the breach.

(o) The contractor may be requested to remove from any further contract work any employee who improperly discloses PBGC data. The reason for the removal shall be documented, in full, for the CO.

The PBGC may terminate this contract for cause or default if the contractor fails to comply with the provisions of this clause and also may exercise any other rights and remedies provided by law or this contract, including criminal and civil penalties.

(p) Any request for information, including a request by an individual pertaining to that individual, shall be directed to PBGC's Disclosure Officer for processing under the appropriate statutory scheme.

Information shall be made available only at the discretion of PBGC's Disclosure Officer and subject to the Freedom of Information Act, 5 U.S.C. Sec. 552, as amended; the Privacy Act, 5 U.S.C. Sec.

552a, as amended; and any other applicable laws or regulations.

(q) This clause does not apply to PBGC data which has been released to the public by the PBGC or has become part of the public domain through no fault of the contractor. To avoid any implication that the contractor has disclosed PBGC data, the contractor must be able to demonstrate that the information was already in its possession at the time of receipt from the PBGC and was not acquired directly or indirectly from the Government, from other companies, or made available to the public by the contractor's breach of this clause.

(r) Within 30 days of contract completion, termination, or expiration, the contractor shall return or destroy all copies of PBGC data, whether furnished by PBGC or created by the contractor. The

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contractor's obligation to maintain confidentiality of all PBGC data shall continue after completion, termination, or expiration of this contract.

(s) The contractor shall place the requirements contained in this clause in all subcontracts entered into pursuant to the contract where the subcontractor may have access to PBGC data. The contractor also agrees to enforce the requirements of this clause against any and all subcontractors under this contract.

(END OF CLAUSE)

H.4 PBGC 52.237-7000 KEY PERSONNEL (APR 2018)

PBGC has identified key contractor positions responsible for performance of the services described in the requirements document (e.g., Performance Work Statement or Statement of Work) for the duration of the resulting contract. These key contractor positions are identified below. Upon selection of the successful contractor and preparation of the contract, the contractor personnel proposed for these key contractor positions will be added to this clause for inclusion into the contract.

KEY CONTRACTOR POSITIONS - CONTRACTOR PERSONNEL IN KEY POSITIONS

[TBD ] [ ]

The key personnel are essential to successful performance of the contract and will assure consistent management control and direction. The key personnel shall NOT be reassigned or diverted from the contract without prior written approval of the CO. Prior to making any key personnel replacement, the contractor shall provide 30 calendar days advance notification to the CO, including justification for the replacement and resume of the proposed replacement. This is necessary to permit the Government to review the qualifications of the replacement, assess the impact to the program, and approve or reject the replacement. Failure of the contractor to obtain advance approval of the CO prior to reassigning or diverting key personnel may result in the negotiation of consideration for replacement of key personnel or termination of the contract.

(end of clause)

H.5 PBGC 52.237-7002 FITNESS DETERMINATION (APR 2019)

(a) Pension Benefit Guaranty Corporation (PBGC) designates positions at the Public Trust level and conducts the appropriate level background investigations on all personnel who have access to PBGC facilities, information, and/or information systems. This clause identifies PBGC's personnel security requirements applicable to United States (US) Citizens and Foreign Nationals residing and performing services within the US and its territories, and Foreign Nationals residing and performing services outside the US and its territories.

(1) As used in this clause - "Foreign Nationals" means an individual who is a citizen of any country other than the US.

(2) As used in the clause - "Fitness Determination" means a decision by an agency that an individual has or does not have the required level of character and conduct necessary to perform work for or on behalf of a Federal agency.

(b) US Citizens and Foreign Nationals Residing and Performing Services within the US and its Territories. (1) The PBGC shall require all contractor (and subcontractor) employees to submit to a background investigation commensurate with the duties and responsibilities of their position as per Homeland Security Presidential Directive 12 (HSPD-12), Title 5 CFR Part 731, Executive Order 13488, and other applicable Federal mandates and guidance.

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(2) Foreign Nationals who are legal residents must possess a minimum of three consecutive years of residential history within the US or its territories. Additionally, contractor employees shall provide a copy of their VISA (work permit) or alien registration card (Form I-151) to demonstrate they have been lawfully authorized to work and/or admitted for permanent residence. (3) The contractor shall comply with all background investigation requirements to facilitate the fitness determination process. Failure to comply with applicable PBGC security policies may result in one, or a combination, of the following actions:

(i…