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RFQ 2031JW23Q00012
Private Equity/Venture Capital & Non-depository Financial Institutions Data
PART I - SUPPLIES OR SERVICES AND PRICES/COSTS
1.0. GENERAL
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotations are being requested and a written solicitation will not be issued.
This solicitation is issued as a request for quotation, and the procurement is being conducted using the procedures found in FAR Part 13.5 “Simplified Procedures for Certain Commercial Products and Commercial Services.” This solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2022-08. This acquisition is being solicited as un unrestricted procurement (i.e., is NOT set aside for small business). The NAICS code for this acquisition is 519130 “Internet Publishing and Broadcasting and Web Search Portals”, and the small business size standard, although not applicable to this procurement, is 1,000 employees. FAR provision 52.212-1, Instructions to Offerors – Commercial Products and Commercial Services applies to this solicitation with addendum as found in this combined synopsis/solicitation (see addendum to 52.212-1). Line item numbers and items, descriptions, quantities, units of measure, and options can be found in this document. Quoters must either include a copy of the representations and certifications found in FAR provision 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services or have submitted them via SAM.gov in accordance with provision 52.212-3 (attached); even if submitted in SAM.gov, Quoters must complete paragraph b of the provision if it applies. Quoters must separately complete the representation(s) in FAR clause 52.204-24 and submit them with their quote (when they apply) as these representations are not found in SAM.gov. FAR clause 52.212-4, Contract Terms and Conditions – Commercial Products and Commercial Services applies to this acquisition with any addendum noted in this document. FAR clause 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services is applicable to this RFQ (see clauses section of this RFQ). This document may contain additional contract requirements or terms and conditions determined by the contracting officer to be necessary for this acquisition and consistent with commercial practices. All quotations submitted for this solicitation are due no later than 9 November 2022 at 2:00 PM, Eastern Time.
The point of contact and contracting officer (CO) for this solicitation is Joey Barden at joey.barden@occ.treas.gov.
1.1. TYPE OF CONTRACT
This is a firm-fixed-price contract.
1.2. CONTRACT LINE ITEM NUMBER (CLIN) DESCRIPTIONS
See clause (OCC) 1052.242-8002 PERIOD OF PERFORMANCE (SEP 2012) for periods of performance dates. The period of performance in the clause is only an estimate. The actual period of performance may begin later or sooner depending on the speed of the procurement process.
BASE YEAR
| CLIN |
| DESCRIPTION |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| TOTAL |
| 0001 |
| 1 Year Private Equity & Venture Capital Subscription (per license) |
| 5 |
| EA |
OPTION PERIOD ONE
| CLIN |
| DESCRIPTION |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| TOTAL |
| 1001 |
| 1 Year Private Equity & Venture Capital Subscription (per license) |
| 5 |
| EA |
OPTION PERIOD TWO
| CLIN |
| DESCRIPTION |
| QUANTITY |
| UNIT |
| UNIT PRICE |
| TOTAL |
| 2001 |
| 1 Year Private Equity & Venture Capital Subscription (per license) |
| 5 |
| EA |
PART II - CLAUSES
2.1. CLAUSES
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 the full text available. The full text of a clause may be accessed electronically at the following address: https://www.acquisition.gov
(End Clause)
2.2. FEDERAL ACQUISITION REGULATION (FAR) CLAUSES INCLUDED BY REFERENCE
52.204-13, SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (OCT 2018)
52.204-18, COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE (AUG 2020)
52.212-4, CONTRACT TERMS AND CONDITIONS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
52.232-40, PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (NOV 2021)
2.3. FAR CLAUSES INCLUDED IN FULL TEXT
ADDENDUM TO CLAUSE 52.212-4, CONTRACT TERMS AND CONDITIONS
—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2021)
| Section | (s) of clause 52.212-4 is hereby amended to read as follows: |
| (s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order: |
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(10) Licensing agreements.
(End of Addendum)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAY 2022)
(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 products and commercial services:
(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).
(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).
(5) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:
_XX_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).
__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (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.)
_XX_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).
__ (5) [Reserved].
_XX_ (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).
_XX_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).
_XX_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313).
__ (10) [Reserved].
__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) (15 U.S.C. 657a).
_XX_ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__ (13) [Reserved]
__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-6.
__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).
__ (ii) Alternate I (Mar 2020) of 52.219-7.
_XX_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)).
__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Nov 2021) (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 (Jun 2020) of 52.219-9.
__ (v) Alternate IV (Sep 2021) of 52.219-9.
__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).
__ (ii) Alternate I (Mar 2020) of 52.219-13.
__ (19) 52.219-14, Limitations on Subcontracting (Sep 2021) (15 U.S.C. 637s).
__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).
__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Sep 2021) (15 U.S.C. 657f).
_XX_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) (15 U.S.C. 632(a)(2)).
__ (ii) Alternate I (Mar 2020) of 52.219-28.
__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) (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 (Sep 2021) (15 U.S.C. 637(m)).
__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C. 644(r)).
__ (26) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15U.S.C. 637(a)(17)).
_XX_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).
__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).
_XX_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
_XX_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).
__ (ii) Alternate I (Feb 1999) of 52.222-26.
_XX_ (31) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
__ (ii) Alternate I (Jul 2014) of 52.222-35.
_XX_ (32) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
__ (ii) Alternate I (Jul 2014) of 52.222-36.
_XX_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
_XX_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
_XX_ (35) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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).
_XX_ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)
__ (37) (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.)
__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).
__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).
__ (40) (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.
__ (41) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).
__ (ii) Alternate I (Jun2014) of 52.223-14.
__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).
__ (43) (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.
_XX_ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).
__ (45) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).
__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).
__ (47) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).
__ (ii) Alternate I (Jan 2017) of 52.224-3.
__ (48) 52.225-1, Buy American-Supplies (Nov 2021) (41 U.S.C. chapter 83).
__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) (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 (Jan 2021) of 52.225-3.
__ (iii) Alternate II (Jan 2021) of 52.225-3.
__ (iv) Alternate III (Jan 2021) of 52.225-3.
__ (50) 52.225-5, Trade Agreements (Oct 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
_XX_ (51) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).
__ (52) 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. 2302Note).
__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).
_XX_ (55) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).
__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).
_XX_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) (31 U.S.C. 3332).
__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).
__ (60) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).
_XX_ (61) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).
__ (63) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).
__ (ii) Alternate I (Apr 2003) of 52.247-64.
__ (iii) Alternate II (Nov 2021) 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 products and commercial services:
__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).
__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).
__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).
__ (5) 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).
__ (6) 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).
__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, 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 products or commercial services. 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 (Nov 2021) (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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).
(iv) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).
(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.
(vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).
(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).
(viii) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).
(ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).
(x) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).
(xi) 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.
(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).
(xiii) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (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 and E.O. 13627).
(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May2014) (41 U.S.C. chapter 67).
(xv) 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).
(xvi) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).
(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).
(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).
(xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a).
(B) Alternate I (Jan 2017) of 52.224-3.
(xx) 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).
(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)
The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor at any time during an active period of performance, with an effective date as soon as the next calendar day.
(End of clause)
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 1 day of such notice; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the end of the contemporaneous period of performance. 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 36 months.
(End of clause)
2.4. DEPARTMENT OF THE TREASURY ACQUISITION REGULATION (DTAR) CLAUSES
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.
(End of clause)
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.
(End of clause)
2.5. OFFICE OF THE COMPTROLLER OF THE CURRENCY (OCC) CLAUSES
(OCC) 1052.204-8000 – PROPER IDENTIFICATION OF CONTRACTOR PERSONNEL
(AUG 2020)
(a) All contractor personnel shall provide proper identification in both oral and written communications. Oral communications include, but are not limited to, in-person, Skype video and audio communications, and teleconference communications. Additionally, when calling into meetings contractor personnel shall identify that they are a contractor by stating their name followed by stating contractor support for their respective OCC business unit.
(b) For written communications, all contractor personnel shall use a signature block that includes identification as a contractor, the name of the contractor personnel’s company, office telephone number, alternate contact (mobile) number (if applicable), and identification of the current assigned Contacting Officer Representative (COR) as stated in the contract.
| Name: | [Insert Name] | ||
| Job Title: | [Insert Title] (Contractor) | ||
| Company Name: | [Insert Name of Company] | ||
| COR’s Name: | [Insert Name of the current COR] | ||
| Telephone: | Office: (XXX) XXX-XXXX | ||
| Work Cell: | Mobile: (XXX) XXX-XXXX |
(End of Clause)
(OCC) 1052.232-8002 AVAILABILITY OF FUNDS (APR 2014)
Funds are not presently available for this contract. The Government’s obligation under this contract is contingent upon the availability of non-appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise until funds are made available to the Contracting Officer for this contract and until the Contractor receives notice of such availability, to be confirmed in writing by the Contracting Officer.
(End of Clause)
(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.
(End of Clause)
(OCC) 1052.242-8002 PERIOD OF PERFORMANCE (SEP 2012)
The base period of performance of this contract is from 01/09/2023 through 1/08/2024.
The first option period is from 01/09/2024 through 1/08/2025
The second option period is from 01/09/2025 through 1/08/2026
(End of Clause)
(OCC) 1052.242-8001 POINT OF CONTACT (JUNE 2014)
(a) The Point of Contact (POC) for this award is responsible for inspection and invoice approval, and where required, acceptance of deliverables or services rendered.
(b) The POC does not have authority to take any action, either directly or indirectly, that would change pricing, quantity, place of performance, delivery schedule, or any terms and conditions of this award or to direct the contractor in the accomplishment of effort which goes beyond the scope.
(c) If the contractor believes the POC has changed the scope of this contract, order or blanket purchase agreement, the contractor shall promptly notify the Contracting Officer (CO) verbally or in writing. In the event the contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the award price to cover any increase incurred as a result thereof.
(d) The POC for this award is:
| Name: | TBD | |||
| Address: | Office of the Comptroller of the Currency | |||
| 400 7th Street SW | ||||
| Washington, D.C. 20219 | ||||
| Telephone: | 202-649-TBD | |||
| E-mail: | TBD@occ.treas.gov |
(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. In the event the Contractor effects any change at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in charges incurred as a result thereof. The primary CO will be identified via separate letter to the contractor. Any CO with appropriate warrant authority may direct changes through a modification to the contract.
(End of Clause)
(OCC) 1052.342-8000 CONTRACTOR’S COMMITMENT TO EQUAL OPPORTUNITY IN EMPLOYMENT AND CONTRACTING (MAR 2019)
Contractor confirms its commitment to equal opportunity in employment and contracting. To implement this commitment, the Contractor shall ensure, to the maximum extent possible consistent with applicable law, the fair inclusion of minorities and women in its workforce. The Contractor shall insert the substance of this clause in all subcontracts under this Contract when the dollar value exceeds $150,000.
Within thirty (30) calendar days of a written request from the OCC’s Office of Minority and Women Inclusion (OMWI), or such longer time as the OMWI determines, and without any additional consideration required from the Agency, the Contractor shall provide documentation, satisfactory to the Agency, of the actions it (and, as applicable, its subcontractors) has undertaken to demonstrate its good-faith efforts to comply with the aforementioned provisions.
For purposes of this contract, “good-faith efforts” may include actions by the contractor intended to identify and, if present, remove barriers to minority and women employment or expansion of employment opportunities for minorities and women within its workforce. Efforts to remove such barriers may include, but are not limited to, recruiting minorities and women, providing job-related training, or engaging in other activities that could lead to those results.
The documentation requested by the OMWI may include, but is not limited to, one or more of the following:
1. A written affirmative action plan or other written program designed to ensure the fair inclusion of minorities and women in the contractor’s workforce, including outreach, recruitment, and training efforts whereby the contractor sets forth specific, results-oriented policies and procedures.
2. A list of subcontract awards under the Contract categorized by dollar, date of award, and the subcontractor’s ownership status, including whether the subcontractor is minority-owned (by race and/or ethnicity) or women-owned.
3. Documentation similar to that described in paragraph 1 with respect to each subcontractor.
4. Any other actions demonstrating the contractor’s or subcontractor’s good-faith efforts to include minorities and women in its workforce.
Consistent with Section 342(c)(3) of the Dodd–Frank Wall Street Reform and Consumer Protection Act (PL 111-203) (Dodd–Frank), a failure to demonstrate to the Director of the OMWI such good-faith efforts to include minorities and women in the Contractor’s workforce (and, as applicable, the workforce of its subcontractors) may result in termination of the Contract for default, referral to the Office of Federal Contract Compliance Programs, or other appropriate action.
For purposes of this clause, the terms “minority,” “minority-owned business” and “women-owned business” shall have the meanings set forth in Section 342(g) of Dodd–Frank.
(End of Clause)
PART III – DOCUMENTS, EXHIBITS, AND/OR ATTACHMENTS
STATEMENT OF WORK
1.0 BACKGROUND
The Office of the Comptroller of the Currency (“OCC”) charters, regulates, and supervises all national banks and federal thrifts. It also supervises the federal branches and agencies of foreign banks. The primary mission of Risk Analysis Division (RAD) within the OCC is to deliver economic and quantitative analysis to policymakers and bank examiners. RAD supports on-site and off-site supervision of banks, provides current economic analysis, supports policy development, and conducts original research to support the OCC mission of ensuring a safe and sound national banking system.
2.0 OBJECTIVES
This requirement to procure private equity and venture capital (PE&VC) data is driven by the banks’ increasing exposures to non-depository financial institutions (NDFIs) and the increasing competition from NDFIs. The procurement of the PE&VC data is to achieve the following objectives.
(a) To aid the agency’s understanding on the NDFIs’ direct and indirect involvement in the traditional commercial and industrial loans
(b) To quantify banks’ indirect exposures to risky loans extended by NDFIs
(c) To identify the emerging risks among NDFIs that have existing credit lines with the OCC supervised large banks
(d) To understand the Current Expected Credit Loss (CECL) implications on the lives of loans extended by NDFIs Additionally, the OCC has the following data usage needs:
(a) Publish research containing PE&VC data retrieved from a vendor directly or other OCC procured resources
(b) Systematically download historical PE&VC data
3.0 SCOPE OF SERVICES
The scope of this SOW is for the provision of data regarding private equity and venture capital and any services proper and necessary for OCC to retrieve this data, to also include data rights as stated in this SOW. Given this is OCC’s first requirement for this type of data (i.e., OCC’s inexperience with the data and lack of historical contract need for the data), all modifications that may be needed and are directly tied to the purpose of achieving the objectives in section 2.0 of this SOW shall be considered within the scope of this SOW (e.g., additional licenses, additional NDFI/PEVC data).
4.0 PERFORMANCE REQUIREMENTS
4.1 Required Data Requirements.
1. The number of users: A maximum of five users must be able to simultaneously access the data. Users shall not be limited to specific named users (e.g., any logins are OCC logins, not logins of each user).
2. Geographic Coverage: The Contractor must provide worldwide data coverage, including North America, Europe, and Asia.
3. Historical Coverage: The segment on deals, investor-specific information, fund specific information, limited partner specific information must start at least from quarter one of 2014 (inclusive).
4. Update Frequency: Data must be at least updated and delivered to OCC quarterly.
5. Investor Types: The Contractor must provide private equity and venture capital investor data.
6. Limited partners (if not already included in the Investor Types above): The Contractor must provide general PE&VC information (e.g., name, years established, asset under management), commitment information, investment allocation, investment policy, investment preference, investment targets, location, contact information, etc.
7. Funds (if not already included in the Investor Types): The Contractor must provide general fund information (fund name, investor, fund status, target size, location, etc.), fund service providers, fund limited partners, fund investment details, investment returns, investment preferences, etc.
8. Deals: The Contractor must provide information on all deals specified in the above geographic and historical coverage.
9. Companies (if not already included in the Asset Classes / Deals dataset): The Contractor must provide information including, but not limited to, the company financial, financing, competitors, linkable investors, industry classifications, valuations, etc.
10. Service providers: The Contractor must provide information on all service providers associated with the data.
11. Peoples: The Contractor must provide general information (e.g., person position counts, position details if available, locations).
4.2 Customer Service
After the data is delivered, the Contractor must provide timely customer services. These services may include (This is not an exhaustive list of customer support tasks):
1. Clarify the definitions of the data fields
2. Investigate and explain the data anomalies
4.3 Data Access. The Contractor must provide data access through secure file transfer protocol and web-based user interface. Licenses and logins are transferable among OCC employees throughout the duration of the contract at no additional cost.
4.3.1 Web-based Interface. The web-based graphical user interface must allow the user to download and export procured private equity and venture capital data.
4.3.2 Data Transfer. The Contractor must transfer data to the OCC via secure file transfer protocol (SFTP). The Contractor must provide reasonable technical assistance (consistent with commercial practice) in the OCC’s efforts to set up the process to transfer the data.
4.3.3 Technical Support. The Contractor must provide:
1. Technical support to OCC users of the data, including, but not limited to, data downloading, identify data anomalies.
2. Timely assistance to answer inquiries regarding the data definitions within two business days.
4.3.4 Access and Usage. The contractor must:
1. Allow all licensed OCC user logins to concurrently access data
2. Allow the agency to internally store the acquired historical data during the contract period of performance
3. Allow the users to share portions of the data or analyses of the data, accessed either through the graphical user interface or SFTP data transfer, with other OCC employees and other contractors’ employees working for the OCC for various OCC-internal projects, to wit:
(a) OCC employees and OCC contractors’ employees must be authorized to use the data to conduct research and analysis that will be publicly disseminated in various forms, including research papers, policy papers, and analytical presentations and memorandums.
(b) The Contractor must provide OCC, upon contract termination, the right to keep presentations/papers that have been published and/or submitted to conferences, publishers, etc. in the public domain as long as the projects involving the data were started during the contract term.
5.0 DELIVERABLES
Within seven days after contract award, the Contractor must submit the following documentation, even if it was provided as a part of the Contractor’s quote submission prior to contract award, in MS Word or Excel document format:
5.1 Third-Party Data Identification. Explicit identification of third-party data embedded with the procured data set that is subject to third-party licensing agreements along with the licensing terms for this third-party data.
5.2 File Transfer Technical Data. Document that must explain how to transfer data via SFTP, identify every variable that will be included in the SFTP transfer, and describe the frequency of the data (e.g., quarterly) as well as the supporting data dictionary.
6.0 CONTRACTOR POINT OF CONTACT
The Contractor must provide a point of contact for this contract to interface with the OCC Point of Contact (POC). The contractor must keep OCC notified as to who this point of contact is and how to reach him/her. The Contractor must provide timely (within 7 calendar days of personnel change) notification OCC when/if this point of contact changes (and provide the new name and contact information) to ensure OCC always has a current point of contact.
7.0 PLACE OF PERFORMANCE
The Contractor must perform contract activities at its own facilities. No work shall be performed at the OCC, except the Contractor may provide training at the OCC’s headquarters in Washington, DC at mutually agreed upon times. OCC reserves the right to unilaterally require the Contractor to provide a virtual demonstration of the product/services once per year for the purposes of initial capabilities familiarity for new users at OCC. The size of the audience may be up to 50 persons. The virtual venue must be provided by the Contractor (i.e., the virtual conference must be set up and hosted by the Contractor). This demonstration may be given more frequently if agreed upon mutually by both OCC and the Contractor in writing (e-mail meets this requirement).
8.0 ACCESSIBIITY/SECTION 508 REQUIREMENTS
a. Section 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities. As such, the following requirements apply to this solicitation:
1. Products, platforms and services delivered as part of this work statement that are ICT, or contain ICT, must conform to the Revised 508 Standards, which are located at 36 C.F.R. § 1194.1 & Apps. A, C & D, and available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines.
2. E102 / 702.10 – Web Content Accessibility Guidelines (WCAG) 2.0 guidelines success criteria level A & AA are incorporated as a requirement. The referenced WCAG criteria is available at http://www.w3.org/TR/WCAG20/.
3. A completed Accessibility Conformance Report (ACR) found at https://www.itic.org/policy/accessibility/vpat, using Voluntary Product Accessibility Template (VPAT) Revised Section 508 Edition, Version 2.4, is required to assist the Government in determining that the ICT products or services support Section 508 accessibility standards.
4. E202 – No General Exceptions Authorized by OCC.
b. The following items in this SOW are identified as containing ICT:
1. Web-based Intranet and Internet Information and Applications
2. Information, Documentation, and Support
c. Applicable Functional Performance Criteria: All functional performance criteria apply when using an alternative design or technology that achieves substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by conformance to one or more of the requirements in Chapters 4-6 of the Revised 508 Standards, or when Chapters 4-6 do not address one or more functions of ICT.
d. Applicable requirements for software and Web products:
1. E207 – Web Content Accessibility Guidelines (WCAG) Level A & AA Success Criteria
2. E302 – Functional Performance Criteria
3. E502 – Interoperability with Assistive Technology
4. E503 – Application
5. E504 – Authoring Tool
6. E501 – Web-based applications, independent of platform services
e. Applicable requirements for electronic documents and/or support services:
1. E205 – WCAG Level A & AA Success Criteria
2. E302 – Functional Performance Criteria
3. E602 – Support Documentation
4. E603 – Support Services
9.0 OCC GOVERNMENT REPRESENTATIVE:
The OCC’s POC shall be the Contractor’s primary day-to-day contact. The POC for this contract will be identified at award. The contact information (i.e., email addresses and telephone numbers) will be provided at time of award.
10. CYBERSECURITY REQUIREMENTS
A. Compliance with Applicable Laws, Regulations, and Standards
Secure User-to-External Service Provider (ESP) Communications Standards. All user-to-ESP service communications (e.g., via internet) must be encrypted with the latest industry standard browser protocol or Secure File Transport Protocol (SFTP).
B. General Requirements
Authorization to Use, Store, or Share Sensitive Information. The contractor shall be responsible for properly protecting all information used, gathered, or developed as a result of work under this contract. The contractor shall also protect all government data, equipment, etc. by treating the information as sensitive. All information gathered or created under this contract shall be considered as Controlled but Unclassified (CUI) information. It is anticipated that this information will be gathered, created, and stored within the primary work location. If contractor personnel must remove any information from the primary work area, they shall protect it to the same extent they would their proprietary data and/or company trade secrets.
Confidentiality. The contractor agrees to assume responsibility for protecting the confidentiality of government records and data associated with this contract, which are not public information.
Deliverables. The deliverables in this contract will be considered CUI and shall not be shared with any other organization without prior written approval from the contracting officer.
C. Security and Privacy Authorization
Authorization Boundary. The contractor shall assist in providing a diagram specific for the OCC, that clearly demarcates the information system authorization boundary and depicts all of its connections and components, including the means for monitoring and controlling communications at the external boundary and at key internal boundaries within the system. The contractor shall address all components and managed interfaces of the information system authorized for operation (e.g., routers, firewalls). The diagram must include a predominant border drawn around all system components and services included in the authorization boundary.
If there are OCC-specific components (e.g., components developed or customized for the OCC, OCC-hosted components, etc.) and/or other components supporting this solution that are not in the scope of the contractor's existing security documentation, then identify those components in the diagram as well, as part of a separate OCC-specific boundary since those are unique to OCC and shall be part of the OCC-specific security authorization. The diagram must be easy to read and understand. Formal names of components as they are known at the service provider organization in functional specifications, configuration guides, other documents and live configurations shall be named on the diagram and described. The contractor shall provide a key for symbols used.
Non-Federal External Service Provider Security Documentation. Interconnection Security Agreement (ISA)/ Memorandum of Understanding (MOU).
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