RFQ_2031JW18Q00037.pdf
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Request for Quote (RFQ)
2031JW18Q00037
Commercial Real Estate Analytics
PART I - SUPPLIES OR SERVICES AND PRICES/COSTS
1.0 LINE ITEM DESCRIPTION
The Contractor shall furnish all technical, management, supervision, labor, materials, licensing, and any other support necessary to provide the services as described in the Statement of Work (SOW).
2.0 PRICING
The Contractor shall provide the services at a Firm Fixed Price using the CLIN structure below. The option periods and option CLINs will be exercised at the sole discretion of the Government consistent with FAR 52.217-9. Please ensure that all line items are completed in their entirety (including unit prices and annual prices, optional CLINs, Grand Total Amount, etc.) in order to be considered complete.
Contract Line Item Number Description
Unit Unit Price Qty Total Firm Fixed Price
Base Period: 7/1/2018 through 6/30/2019
CLIN 0001
Commercial Real Estate Data (Duration is 12 months) Includes Market Fundamental Data at Metropolitan Statistical Area (MSA) and Submarket Levels, Scenario Forecast Data, Written Analysis, Comparable Sales Data
EA 50
CLIN 0002
Additional License – Optional (NTE 250 Licenses. Includes:
Market Fundamental Data at MSA and Submarket Levels, Scenario Forecast Data, Written Analysis, Comparable Sales Data)
EA 250
CLIN 0003
Additional Licenses for Workplace Services - Optional (NTE 3 Licenses. Includes: Comparable Sales Data and Leasing Data)
EA
CLIN 0004 Analytical Support – Optional
MO 12
Total Base
Period CLINs 0001- 0004
Option Year 1: 7/1/2019 through 6/30/2020
CLIN 1001
Commercial Real Estate Data (Duration is 12 months) Includes Market Fundamental Data at MSA and Submarket Levels, Scenario Forecast Data, Written Analysis, Comparable Sales Data
CLIN 1002
Additional License - Optional (NTE 250 Licenses. Includes:
Market Fundamental Data at MSA and Submarket Levels, Scenario Forecast Data, Written Analysis, CLIN 1003
Services – Optional (NTE 3
CLIN 1004 Analytical Support - Optional
Total Option Year 1 CLINs 1001- 1004
Option Year 2: 7/1/2020 through 6/30/2021
CLIN 2001
Commercial Real Estate Data (Duration is 12 months) Includes Market Fundamental Data at MSA and Submarket Levels, Scenario Forecast Data, Written Analysis, CLIN 2002
Additional License - Optional (NTE 250 Licenses. Includes:
Market Fundamental Data at MSA and Submarket Levels, Scenario Forecast Data, Written Analysis, CLIN 2003
Services – Optional (NTE 3
CLIN 2004 Analytical Support - Optional
Year 2 CLINs 2001- 2004
Option Year 3: 7/1/2021 through 6/30/2022
CLIN 3001
Commercial Real Estate Data (Duration is 12 months) Includes Market Fundamental Data at MSA and Submarket Levels, Scenario Forecast Data, Written Analysis, CLIN 3002
(NTE 250 Licenses. Includes:
Market Fundamental Data at MSA and Submarket Levels, Scenario Forecast Data, Written Analysis, CLIN 3003
Services – Optional (NTE 3
CLIN 3004 Analytical Support – Optional
MO
Year 3 CLINs 3001- 3004
Option Year 4: 7/1/2022 through 6/30/2023
CLIN 4001
Commercial Real Estate Data (Duration is 12 months) Includes Market Fundamental Data at MSA and Submarket Levels, Scenario Forecast Data, Written Analysis, CLIN 4002
(NTE 250 Licenses. Includes:
Market Fundamental Data at MSA and Submarket Levels, Scenario Forecast Data, Written Analysis, Comparable Sales
CLIN 4003
Services – Optional (NTE 3
CLIN 4004 Analytical Support – Optional
MO
Year 4 CLINs 4001- 4004
Total Firm Fixed Price (Base Year, Option Year 1, 2, 3, and 4): $___________________________
DUNS# ___________
PART II – STATEMENT OF WORK STATEMENT (SOW)
1.0 BACKGROUND
The Office of the Comptroller of the Currency (OCC) charters, regulates, and supervises national banks, federal thrifts, and federal branches and agencies of foreign banks. Headquartered in Washington, DC, the OCC is responsible for promoting and assuring the safety and soundness of the country’s system of national banks and maintaining its competitiveness, efficiency, integrity, and stability in the financial marketplace.
The OCC must assess and analyze all elements of bank operations. A primary concern of the agency pertains to credit risk. Credit risk is the risk to earnings or capital arising from an obligor’s failure to meet the terms of any contract with the bank or otherwise to perform as agreed. Commercial real estate and construction loans (jointly referred to as CRE hereafter) pose a credit risk to individual banks and thrifts, and the banking system in general, especially when such activity represents a large portion of bank lending.
2.0 SCOPE & DESCRIPTION OF SERVICES
The OCC requires the following data and services assess national and local area CRE conditions, which will be used to assess credit risk at nationally chartered commercial banks and federally chartered thrifts.
A) Market fundamental data at the metropolitan statistical area (MSA) and submarket levels, B) Scenario forecast data, C) Written analysis, D) Comparable sales data, E) Leasing Data (optional task), and F) Analytic support (optional task)
Each scope of work identified above shall include shall include the following property segments:
apartment, office, retail, industrial (logistics and light manufacturing), and hotel.
2.1 MARKET FUNDAMENTAL DATA
Market fundamental data and forecasts must be generated using the same methodologies across all markets, thereby ensuring comparability of data across markets. Market fundamental data and forecasts must cover the United States (national) and at least 50 “major”, “core”, or “Tier I” MSAs (hereafter, referred to as primary MSAs), where the MSAs are historically recalibrated over time to reflect the newest definition of the MSAs. Coverage of more than 50 primary MSAs is preferred, but not required. Coverage of non-primary MSAs is preferred, but not required.
2.1.1 Market Data. For apartment, office, retail, and industrial (logistics and light manufacturing) property segments, the data shall be continuous quarterly data from at least 1995 to present for each market. Continuous quarterly data from earlier time periods is preferred. Data covered shall include supply, demand, and price characteristics that include:
• economic growth, demographics, and other determinants of property segment demand, such as:
- Office-using employment
- Real retail sales volume
- Household formation
- Renter household growth
- Median household income
• vacancy and occupancy rates
• new construction (planned or in process)
• existing stock (supply of buildings)
• occupied stock (demand for buildings)
• net absorption
• net completions
• rent levels (asking and effective)
• net operating income
• sales volume
• price index
• capitalization rates
• market capitalization
• construction cost
• property class (used to designate the quality or market segment of the property)
2.1.2 Submarket Data. For apartment, office, retail, and industrial (logistics and light manufacturing) property segments, the data shall be continuous quarterly data from at least 2005 to present for each submarket. Continuous quarterly data from earlier time periods is preferred. Data covered shall include supply, demand, and price characteristics that include:
• economic growth, demographics, and other determinants of property segment demand, as noted in section 2.1.1.
• vacancy and occupancy rates
• new construction (planned or in process)
• existing stock (supply of buildings)
• occupied stock (demand for buildings)
• net absorption
• net completions
• rent levels (asking and effective)
• net operating income
• sales volume
• price index
• capitalization rates
• market capitalization
• construction cost
• property class (used to designate the quality or market segment of the property)
2.1.3 Hotel Data. For the hotel property segment, the data shall be continuous quarterly data from at least 2005 to present for each market. Continuous quarterly data from earlier time periods is preferred. Data covered shall include supply, demand, and price characteristics that include:
• economic growth, demographics, and other determinants of the hotel property segment demand
• new construction (planned or in process)
• occupancy rates
• average daily room rates
• revenue per available room
2.2 SCENARIO FORECAST DATA
2.2.1 Market Forecast. For apartment, office, retail, and industrial (logistics and light manufacturing) property segments, the contractor shall forecast quarterly data over a minimum five (5) year time horizon for each property segment within a market. The contractor shall update the forecasts each quarter. At a minimum, the forecasts shall include baseline and at least one recession macroeconomic scenario. Additional scenarios are preferred. Once a year, the contractor shall provide a detailed description of its scenarios, including a description of the five-year movement of major macroeconomic variables that serve as primary inputs to its forecasts of CRE market fundamental data. Forecast data shall include demand, supply, and price characteristics that include:
• vacancy and occupancy rates
• new construction (planned or in process)
• existing stock (supply of buildings)
• occupied stock (demand for buildings)
• net absorption
• net completions
• rent levels (asking and effective)
• net operating income
• price index
• capitalization rates
2.2.2 Submarket Forecast. For apartment, office, retail, and industrial (logistics and light manufacturing) property segments submarkets, the contractor shall forecast quarterly data over a minimum five (5) year time horizon for each property segment within a submarket. The contractor shall update the forecasts each quarter. At a minimum, the forecasts shall include a baseline and at least one recession scenario. Additional scenarios are preferred. Once a year, the contractor shall provide a detailed description of its scenarios, including a description of the five-year movement of major macroeconomic variables that serve as primary inputs to its forecasts of CRE market fundamental data. Forecast data shall cover demand, supply, and price characteristics that include:
• vacancy and occupancy rates
• new construction (planned or in process)
• existing stock (supply of buildings)
• occupied stock (demand for buildings)
• net absorption
• net completions
• rent levels (asking and effective)
• net operating income
• price index
• capitalization rates
2.2.3 Hotel Forecast. For the hotel property segment, the contractor shall forecast quarterly data over a minimum five (5) year time horizon. The contractor shall update the forecasts each quarter. At a minimum, the forecasts shall include a baseline and at least one recession scenario. Additional scenarios are preferred. Once a year, the contractor shall provide a detailed description of its scenarios, including a description of the five-year movement of major macroeconomic variables that serve as primary inputs to its forecasts of CRE market fundamental data. Forecast data shall cover demand, supply, and price characteristics that include:
• new construction that is planned or in process
• occupancy rates
• average daily room rates
• revenue per available room
2.3 DATA AND MODEL VALIDATION
2.3.1 Historical Data Compilation and Quality. Historical data for primary markets shall include CRE properties valued at $10 million or more. Historical data for primary markets from CRE properties valued at less than $10 million is preferred.
2.3.2 Model Validation. Performance testing (in-sample at a minimum, with both in-sample and out-of-sample preferred) of the model used to forecast CRE data shall result in sample mean (absolute) percent error, mean (absolute) error, mean squared error, or root mean squared error of less than 40 percent for a one-year horizon, where lower error percentages are preferred.
2.4 WRITTEN ANALYSIS
2.4.1 Property Segment Reports. The OCC requires written analytic reports, authored each quarter and made available in PDF format, of how key macroeconomic, demographic, lending, and capital market developments drive CRE market trends (covering market characteristics such as vacancies, rents, prices, absorption, completions, etc.) and emerging risks within each of the CRE property segments stipulated in section 2.0 (excluding hotels) at the national level.
2.4.2 Market Reports. The OCC requires written analytic reports, authored each quarter and made available in PDF format, of key CRE market trends (covering market characteristics such as vacancies, rents, prices, absorption, completions, etc.) and emerging risks for each of the CRE property segments stipulated in section 2.0 (excluding hotels) for at least 50 primary MSAs.
Provision of market reports for a greater number of primary MSAs is preferred, but not required. Provision of market reports for non-primary MSAs is preferred, but not required.
2.5 COMPARABLE SALES DATA
2.5.1 The contractor shall provide sales, cap rates, rent, vacancy, price, and other data on comparable properties sold during the previous year in an area nearby a specific target property (i.e., sales comps data). Access to sales comp data on properties sold more than one year ago is preferred, but not required. Sales comp data shall be provided for the property types stipulated in section
2.0 above (excluding hotels). The sales comps data shall be accessed through an address-specific search on the contractor’s website. The sales comps data shall cover at least 50 primary MSAs. Coverage of a greater number of primary MSAs is preferred, but not required. Coverage of non-primary MSAs is preferred, but not required.
2.6 LEASING DATA (Optional Task)
2.6.1 The contractor shall provide data to assess for-lease listings, evaluate leasing opportunities, value assets, analyze market conditions by calculating current vacancy rates, absorption rates or average rental rates, and forecasting future trends.
2.7 ANALYTIC SUPPORT (Optional Task)
2.7.1 The contractor shall provide analytic support on a quarterly basis regarding issues related to the
CRE industry. Analytic support shall include a regular set of data or chart visualizations identified by OCC and delivered by the contractor on a quarterly basis. Analytic support shall also include no more than ten requests for new research or analysis per year related to the CRE industry. The new research and analysis requests shall be minor in nature, where the contractor can provide results with one week’s worth of resource commitments.
3.0 DATA UPDATES, ACCESS, DELIVERY, USAGE, AND CUSTOMER SERVICE
3.1.1 Data Update Frequency. The contractor shall update its CRE market fundamental data, forecasts, and sales comp data on at least a quarterly basis. Updates on a monthly or continual basis is preferred. Leasing data (optional task) shall be current and updated continuously in real-time.
3.1.2 Data Access and Transfer via Secure File Transfer Protocol. The contractor on a quarterly basis shall place the full database of market fundamental data (at the MSA and submarket levels) and forecast data (including all scenarios) on an internal, secured server operated by the contractor and made available to the OCC via secure file transfer protocol (SFTP). The OCC shall pull the database via SFTP and store it on an internal, secure OCC server. Only OCC employees with a license shall have access to market fundamental and forecast data obtained by the OCC via SFTP. The contractor shall assist the OCC with the initial set up of the transfer process and shall continue assisting the OCC to address any problems that may develop over the course of the contract in the receipt of data via SFTP.
3.1.3 Product Access and Data Download via Website. OCC employees with a license shall be authorized to access CRE market fundamental data, forecasts, written analysis, comparable sales data, and leasing data (Optional Task) through the contractor’s website. The contractor shall allow OCC personnel with a license to download CRE market fundamental data, forecasts, written analysis, comparable sales data, and leasing data (Optional Task) from the contractor’s website. OCC employees with a license shall be able to download historical and forecast CRE data from the export platform where the user is able to select the specific MSAs, time periods, variables, etc., of data and/or forecasts to download.
3.1.4 OCC’s Internal CRE Website. The contractor shall authorize the OCC to create and maintain a
CRE website on its internal, secured intranet for the purpose of displaying charts, tables, graphs, maps, or other types of visualizations of a limited number of market fundamental and forecast variables to all OCC employees, regardless of office or location. The purpose of the OCC’s internal CRE website is to display key CRE market trends to OCC employees. (OCC employees cannot use the OCC’s internal CRE platform to download or otherwise obtain the data behind the visualizations.) The visualizations shall be based upon no more than 10 variables. The data behind the displayed visualizations shall cover both primary and non-primary MSAs, but not submarkets.
3.1.5 Product Usage. OCC employees shall be authorized to use the contractor’s CRE data in the performance of OCC required tasks. OCC employees shall be authorized to distribute the results of analysis or research using the contractor’s CRE data to all other employees of the OCC. OCC employees shall be authorized to co-author with persons not employed by the OCC research papers that use the contractor’s CRE data. OCC employees shall be authorized to publicly disseminate results of research or analysis using the contractor’s CRE data. Public dissemination can take a variety of forms, which include published research papers, policy papers, analytic outreach presentations, or interagency memoranda. The OCC shall cite the contractor as the source of the CRE data in all written products. In the event this contract is terminated or not renewed, the contractor shall authorize persons employed in the OCC’s Economics Department to continue using the contractor’s CRE data if those persons have research that is within six-months away from submission to a journal for publication, or is currently in the process of being published. Persons granted continued use of the contractor’s data shall receive no additional data updates beyond the final update made pursuant to the expiring contract. Persons granted continued use of the contractor’s data shall be authorized to continue using only those data that are part of the person’s research. Data that are not part of the person’s research cannot be used beyond the expiration of the contract. Once the research has been published or rejected for publication, the persons granted continued use shall delete all of the contractor’s data.
3.1.6 Customer Service. OCC personnel shall be able to contact appropriate contractor personnel via email or telephone to ask questions or obtain clarifications regarding market fundamental data, forecasts, written analysis, and sales comp data already published or released to clients by the contractor. Customer service questions shall not generate new research or analysis by the contractor. Customer service shall include no more than fifty requests for per year. Contractor personnel shall supply a response to OCC questions within two business days.
4.0 SECTION 508
4.1 The Contractor shall provide and maintain Information Communications Technology (ICT) that meets applicable standards of Section 508 of the Rehabilitation Act of 1973, as amended. This applies to all software user-interfaces, web-based user-interfaces, and documents such as reports, job aids, guides, and plans. Resource for further details on these standards can be found at:
• Section 508 - https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines
• Web Content Accessibility Guidelines (WCAG)
- http://www.w3.org/TR/WCAG20/#conformance
Conformance to all 508 standards shall be met unless exception is authorized by the OCC Information Technology Accessibility Program Office.
General Exceptions authorized: None
4.2 Electronic Content delivered under this work statement shall meet the following standards:
• 602 – Support Documentation
• 603 – Support Services
• WCAG 2.0 level A and AA success criteria – applies to all Web-based deliverables
• Exception authorized: Non-Web documents are not required to meet the following WCAG
2.0 criteria: 2.4.1 Bypass Blocks, 2.4.5 Multi-ways, 3.2.3 Consistent Navigation, and 3.2.4 Consistent ID https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines http://www.w3.org/TR/WCAG20/#conformance
PART III - OTHER CONTRACTUAL TERMS AND CONDITIONS
1.0 TYPE OF CONTRACT
This is a Firm Fixed Price Contract.
2.0 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES AND PROVISIONS
FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov
(End of Clause)
FAR Clause Title Date 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform
Employees of Whistleblower Rights Apr 2014
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper May 2011 52.204-7 System for Award Management Oct 2016 52.204-18 Commercial and Government Entity Code Maintenance Jul 2016 52.212-4 Contract Terms and Conditions – Commercial Items Jan 2017 52.227-14 Rights in Data - General May 2014 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013
(End of Table)
FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL ITEMS (JAN 2018)
(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) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015)
(3) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
http://www.acquisition.gov/
(4) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108- 78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the contracting officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
XXX (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 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 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).
XXX (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).
___ (5) [Reserved] XXX (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).
XXX (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).
XXX (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (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.
XXX (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 Aside (Nov 2011) (15 U.S.C. 644).
___ (ii) Alternate I (Nov 2011).
___ (iii) Alternate II (Nov 2011).
___ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
___ (ii) Alternate I (Oct 1995) of 52.219-7.
___ (iii) Alternate II (Mar 2004) of 52.219-7.
XXX (16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).
(17) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2017) (15 U.S.C. 637 (d)(4)).
___ (ii) Alternate I (Nov 2016) of 52.219-9.
___ (iii) Alternate II (Nov 2016) of 52.219-9.
___ (iv) Alternate III (Nov 2016) of 52.219-9.
___ (v) Alternate IV (Nov 2016) 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)).
___ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
XXX (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)).
XXX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
___ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Oct 2016) (E.O.
13126).
XXX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
XXX (28) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
XXX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
XXX (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).
XXX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
XXX (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
XXX (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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® -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® -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® -Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).
___ (ii) Alternate I (Jun 2014) of 52.223-16.
XXX (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. 13696).
___ (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 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
___ (49) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
___ (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 (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
XXX (55) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (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)(12)).
___ (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.
(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:
[Contracting Officer check as appropriate.]
___ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) ___ (2) 52.222-41, Service Contract Labor Standards (May 2014) (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) (May 2014) (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) (E.O. 13658).
___ (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).
___ (11) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 2008) (31 U.S.C. 5112(p)(1)).
(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).
(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) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (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.
(iv) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.
(v) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vi) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).
(vii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).
(viii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.
793).
(ix) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).
(x) 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.
(xi) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).
(xii) (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).
(xiii) 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.)
(xiv) 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)
(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E. O. 12989).
(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).
(xvii) 52.222-62, Paid sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).
(xviii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xix) 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).
(xx) 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.
(xxi) 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.
FAR 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 one (1) calendar day of contract expiration.
FAR 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 one
(1) calendar day of contract expiration provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) calendar days before the contract expires. The preliminary notice does not commit the Government to an extension.
(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 60 months.
(End of Provision)
FAR 52.222-25 Affirmative Action Compliance (Apr 1984)
The offeror represents that --
(a) It * has developed and has on file, * has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2); or
(b) It * has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
(End of Provision)
FAR 52.233-2 SERVICE OF PROTEST (SEP 2006)
(a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Karen Oettinger.
Office of the Comptroller of Currency 400 7th St., SW
Washington, DC 20219
(b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO.
(End of Provision)
3.0 DEPARTMENT OF THE TREASURY ACQUISITION REGULATION (DTAR) CLAUSES
DTAR 1052.210-70 CONTRACTOR PUBLICITY (APR 2015)
The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.
DTAR 1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)
(a) Definitions. As used in this clause—
(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.
(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.
(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.
(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.
4.0 OFFICE OF THE COMPTROLLER OF THE CURRENCY (OCC) CLAUSES
OCC 1052.201-8000 CONTRACTING OFFICER'S REPRESENTATIVE (COR) DELEGATION AND AUTHORITY
(DEC 2013)
(a) The contracting officer's representative will be identified via separate letter to the contractor.
(b) Performance of work under this contract is subject to the technical direction of the COR, as delegated in writing. The term "technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.
(c) Technical direction must be within the scope of the specification(s)/work statement. The COR does NOT have authority to issue technical direction that:
(1) changes any of the terms, conditions, or specification(s)/work statement of the contract;
(2) in any manner causes an increase or decrease in the contract price, or the time required for contract performance;
(3) interferes with the contractor's right to perform under the terms and conditions of the contract; or,
(4) directs, supervises or otherwise controls the actions of the contractor's employees.
(d) Technical direction may be oral or in writing. The COR shall confirm oral direction in writing within five work days, with a copy to the contract administrator.
(e) The contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the contractor, any direction of the COR, falls within the limitations in (c), above, the contractor shall immediately notify the contracting officer no later than the beginning of the next Government work day.
(f) Failure of the contractor and the contracting officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled "Disputes".
OCC 1052.239-8000 ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (JUNE 2014)
(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the
Workforce Investment Act of 1998, all electronic and information technology (EIT) products and http://www.law.cornell.edu/uscode/29/794d.html services developed, acquired, maintained, or used under this contract/order must comply with the “Electronic and Information Technology Accessibility Provisions” set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in 36 CFR Part 1194. Information about Section 508 is available at http://www.section508.gov/. The complete text of Section 508 Final Provisions can be accessed at http://www.access-board.gov/sec508/standards.htm.
(b) The Section 508 accessibility standards applicable to this contract/order are identified in the Statement of Work/Specification/Performance Work Statement. If it is determined by the Government that EIT products and services provided by the Contractor do not conform to the described accessibility standards in the Product Assessment Template, remediation of the products or services to the level of conformance specified in the Contractor’s Product Assessment Template will be the responsibility of the Contractor at its own expense.
(c) In the event of a modification(s) to this contract/order, which adds new EIT products or services or revises the type of, or specifications for, products or services the Contractor is to provide, including EIT deliverables such as electronic documents and reports, the Contracting Officer may require that the contractor submit a completed Voluntary Product Accessibility Template found at http://www.itic.org/public-policy/accessibility, to assist the Government in determining that the EIT products or services support Section 508 accessibility standards.
OCC 1052.242-8000 EVALUATION OF CONTRACTOR PERFORMANCE (DEC 2010)
(a) The OCC will evaluate the contractor’s performance after contract award. If this contract has option periods, interim evaluations will be conducted at the end of each option period and then a final evaluation report will be prepared at the completion of the entire contract. If this contract does not have renewal options, an evaluation will be conducted upon completion of the contract.
Notwithstanding the preceding, the Contracting Officer may conduct evaluations more or less frequently, if the Contracting Officer deems appropriate.
(b) Evaluations will be conducted using an electronic format as established by Contractor Performance Assessment Reporting System (CPARS), an internet-based database of contractor performance information. The OCC will enter the information, gathered from the evaluation, into the CPARS.
(c) If the contractor responds to the evaluation, and the response rebuts any or all of the ratings, the Contracting Officer will attempt to reconcile the areas of disagreement with the contractor. If agreement cannot be reached, the evaluation and response shall be reviewed at a level higher than the Contracting Officer and a final evaluation will be issued by the reviewing official. If the reviewing official finds, either all or in part, against the contractor, the contractor’s response shall become part of the final evaluation. The reviewing official’s final decision shall not be subject to dispute under the terms and conditions of the Disputes clause or subject to resolution in accordance with the terms and conditions of the Alternative Dispute Resolution clause. The reviewing official will provide the contractor with a copy of the final evaluation.
(d) Any government agency authorized to access the Past Performance Information Retrieval System (PPIRS) database will be able to view the performance information related to this contract. Any government agency may also receive a copy the contractor’s performance evaluation, and any associated comments, by contacting the OCC. The OCC will also, upon request, provide copies of any and all of the contractor’s evaluations to the contractor.
http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr1194_main_02.tpl http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr&tpl=/ecfrbrowse/Title36/36cfr1194_main_02.tpl http://www.section508.gov/ http://www.access-board.gov/sec508/standards.htm http://www.access-board.gov/sec508/standards.htm http://www.itic.org/public-policy/accessibility
OCC 1052.242-8002 PERIOD OF PERFORMANCE (SEP 2012)
The base period of performance of this contract is a base period of 12 months and four 12-month options.
(End of Clause)
OCC 1052.243-8001 AUTHORIZED CHANGES ONLY BY THE CONTRACTING OFFICER (SEP 2016)
(a) Except as specified in paragraph (b) below, no order, statement, or conduct of Government personnel who provide technical direction or in any other manner communicates with contractor personnel during the performance of this contract shall constitute a change under the “Changes” clause of this contract.
(b) The Contractor shall not comply with any order, direction or request of Government personnel unless it is issued in writing and signed by the Contracting Officer (CO), or is pursuant to specific authority otherwise included as a part of this contract.
(c) The CO is the only person authorized to approve changes in any of the requirements of this contract and notwithstanding provisions contained elsewhere in this contract, the said authority remains solely the CO’s.
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