2031JW24Q00018 - Commercial Real Estate Data Solicitation.pdf

Request for Quotation 2031JW24Q00018

This document is a combined synopsis/solicitation pursuant to Federal Acquisition Regulation (FAR) Part 12.603, “Streamlined solicitation for commercial products or commercial services.”

The content of this combined synopsis/solicitation is as follows:

(1) Action Code: N/A

(2) Date: December 4

(3) Year: 2023

(4) Contracting Office ZIP Code: 20219

(5) Product or Service Code: B507, “Special Studies/Analysis – Economic”

(6) Contracting Office Address: The Office of the Comptroller of the Currency (OCC) Headquarters, Acquisition Management, 400 7th Street, SW, Washington, DC

(7) Subject: Synopsis/Solicitation for Commercial Real Estate Data, Forecasts, and Written Analysis

(8) Proposed Solicitation Number: 2031JW24Q00018

(9) Closing Response Date: See paragraph (16)(xv) below.

(10) Contact Point or Contracting Officer: John R. Baumert

(11) Contract Award and Solicitation Number: N/A and 2031JW24Q00018

(12) Contract Award Dollar Amount: N/A

(13) Line Item Number: See Section B of this solicitation.

(14) Contract Award Date: N/A

(15) Contractor: N/A

(16) Description:

(i) This is a combined synopsis/solicitation for commercial products or commercial services 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; quotes are being requested and a written solicitation will not be issued.

https://www.acquisition.gov/far/part-12#FAR_Subpart_12_6

(ii) The solicitation number for this requirement is 2031JW24Q00018 and the solicitation is issued as a request for quote (RFQ).

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) Number 2024-01, effective November 14, 2023.

(iv) This solicitation is unrestricted and the associated North American Industry Classification System (NAICS) code for the requirement is 541690, “Other Scientific and Technical Consulting Services,” and small business size standard is $19 million.

(v) List of line-item number(s) and items, quantities, and units of measure (including option(s), if applicable). See Section B of this solicitation.

(vi) Description of requirements for the items to be acquired. See Statement of Work (SOW) in Section C of this solicitation.

(vii) FOB delivery shall be made in accordance with the SOW in Section C.

(viii) Provision at 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and is incorporated by reference to this solicitation.

(ix) Provision at 52.212-2, Evaluation-Commercial Products and Commercial Services, applies to this solicitation and is incorporated in full text, and the specific evaluation criteria to be included in paragraph (a) of that provision is:

Technical Capabilities; Data Access, Delivery, Usage, and Customer Service; Past Performance; and Price.

(x) Quoters shall include a completed copy of the provision at 52.212- 3, Offeror Representations and Certifications-Commercial Products and Commercial Services, with its quote if not already completed their Representatives and Certifications with the System for Award Management (SAM) entity record.

(xi) Clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Products and Commercial Services, applies to this acquisition and is incorporated by reference to this solicitation.

(xii) Clause at 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Products and Commercial Services, applies to this acquisition and is incorporated in full text to this solicitation.

(xiii) There are no additional contract requirement(s) or terms and conditions outside of this solicitation.

https://www.acquisition.gov/far/part-52#FAR_52_212_1 https://www.acquisition.gov/far/part-52#FAR_52_212_2 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_212_4 https://www.acquisition.gov/far/part-52#FAR_52_212_5

(xiv) The Defense Priorities and Allocations System (DPAS) and assigned rating is not applicable to this solicitation.

(xv) Quotations are due on Friday, December 22, 2023 at 3:00 PM (Eastern) via email at john.baumert@occ.treas.gov.

(xvi) The Contracting Officer (CO) for this solicitation is John R. Baumert. He can be reached at (202) 809-7720 or via email at john.baumert@occ.treas.gov.

(17) Place of Contract Performance: Contractor’s site

(18) Set-aside Status: Unrestricted. No Set-Aside mailto:john.baumert@occ.treas.gov mailto:john.baumert@occ.treas.gov

SECTION B – PRICE/COST SCHEDULE:

Base Period of Performance: XXXXX 29, 2024 – XXXXX 28, 2024

CLIN Description Qty Unit 45 Users

Users

Users

Users

Users

0001 Commercial Real Estate Historical Data at the Market, and Submarket levels for the Apartment, Office, Retail, Industrial, and Hotel Property Types

FFP

IAW Para: 2.1 And 3.0

10 MO

0002 Commercial Real Estate Scenario Forecast Data at the Market and Submarket levels for the Apartment, Office, Retail, Industrial, and Hotel Property Types

FFP

IAW Para: 2.2 And 3.0

0003 Commercial Real Estate

FFP

IAW Para: 2.3

Base Period Sub-Total

Option Year One Period of Performance: XXXXX 29, 2024 – XXXXX 28, 2025

CLIN Description Qty Unit of Issue

Users

Users

Users

Users

Users

1001 Commercial Real Estate Historical Data at the Market, and Submarket levels for the Apartment, Office, Retail, Industrial, and Hotel Property Types

FFP

12 MO

1002 Commercial Real Estate

Market and Submarket levels for the Apartment, Office, Retail, Industrial, and Hotel Property Types

FFP

1003 Commercial Real Estate Written Analysis

FFP

Option Year One Sub-Total

Option Year Two Period of Performance: XXXXX 29, 2025 – XXXXX 28, 2026

CLIN Description Qty Unit of Issue

Users

Users

Users

Users

Users

2001 Commercial Real Estate Historical Data at the Market, and Submarket levels for the Apartment, Office, Retail, Industrial, and Hotel Property Types

FFP

2002 Commercial Real Estate

Market and Submarket levels for the Apartment, Office, Retail, Industrial, and Hotel Property Types

FFP

2003 Commercial Real Estate

FFP

Option Year Two Sub-Total

Option Year Three Period of Performance: XXXXX 29, 2026 – XXXXX 28, 2027

CLIN Description Qty Unit of Issue

Users

Users

Users

Users

Users

3001 Commercial Real Estate Historical Data at the Market, and Submarket levels for the Apartment, Office, Retail, Industrial, and Hotel Property Types

FFP

3002 Commercial Real Estate Scenario Forecast Data at the Market and Submarket levels for the Apartment, Office, Retail, Industrial, and Hotel Property Types

FFP

3003 Commercial Real Estate

FFP

Option Year Three Sub-Total

Option Year Four Period of Performance: XXXXX 29, 2027 – XXXXX 28, 2028

CLIN Description Qty Unit of Issue

Users

Users

Users

Users

Users

4001 Commercial Real Estate Historical Data at the Market, and Submarket levels for the Apartment, Office, Retail, Industrial, and Hotel Property Types

FFP

4002 Commercial Real Estate

Market and Submarket levels for the Apartment, Office, Retail, Industrial, and Hotel Property Types

FFP

4003 Commercial Real Estate

FFP

Option Year Four Sub-Total

SECTION C – STATEMENT OF WORK

1.0 GENERAL INFORMATION

1.1 BACKGROUND INFORMATION:

1.1.1 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. The OCC’s mission is to ensure that these institutions operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations. The OCC is an independent bureau of the U.S. Department of the Treasury.

1.1.2 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 (CRE) and construction loans 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.

1.2 OBJECTIVES/SCOPE:

1.2.1 The objective of this effort is to provide the OCC with the following data and services to assess national and local area CRE market conditions, which will be used to evaluate credit risk at nationally chartered commercial banks and federally chartered thrifts.

a. (2.1) Market Fundamental Historical Data (at the market and submarket levels),

b. (2.2) Scenario Forecast Data (at the market and submarket levels), and

c. (2.3) Written Analysis

1.2.2 Each objective identified above shall include the following property types:

a. Apartment,

b. Office,

c. Retail,

d. Industrial, and

e. Hotel.

(Please see PART 2 - SPECIFIC REQUIREMENTS)

1.3 TYPE OF CONTRACT:

The government anticipates award of a Firm Fixed Price (FFP) contract.

2.0 SPECIFIC REQUIREMENTS

2.1 MARKET FUNDAMENTAL HISTORICAL DATA:

2.1.1 Market Data Coverage. Market data for apartment, office, retail, and industrial property types must be generated using the same methodologies across all markets, thereby ensuring comparability of data across markets. Market fundamental data must cover the United States (national) and at least the 150 largest markets in the country for the apartment, office, and retail property types, and the 100 largest markets in the country for the industrial property type. Coverage of more than the minimum required number of markets per property type is preferred.

2.1.2 Market Data Time Range. The OCC prefers that continuous quarterly market data for apartment, office, retail, and industrial property types cover from 2000 to present for the largest 50 markets for all property types, and from 2007 for the remaining largest 100 markets for apartment, office, and retail property types, and from 2007 for the remaining 50 largest industrial markets. Continuous quarterly data from earlier time periods is preferred.

2.1.3 Market Data Variables. For apartment, office, retail, and industrial property types, market data shall include at a minimum the following variables.

• Vacancy rate

• Existing stock/inventory (supply)

• Occupied stock (demand)

• Net absorption

• Net completions

• Asking rent

• Net operating income

• Property price

Additional market variables, such as the ones listed below, should be provided. Provision of additional market variables beyond those listed below is preferred.

• Construction underway

• Capitalization rates

• Market capitalization

• Sales volume

• Property class (used to designate the quality or market segment within the property type)

2.1.4 Submarket Data Coverage. Submarket data for apartment, office, retail, and industrial property types must be generated using the same methodologies across all submarkets, thereby ensuring comparability of data across submarkets. Submarket data must cover at least 500 submarkets in each of the apartment, office, retail, and industrial property types, with coverage of more submarkets preferred.

2.1.5 Submarket Data Time Range. The OCC prefers that continuous quarterly data for apartment, office, retail, and industrial property types cover from 2010 to present for each submarket. Continuous quarterly data from earlier time periods is preferred.

2.1.6 Submarket Data Variables. For apartment, office, retail, and industrial property types, submarket data shall include at a minimum the following variables.

• Vacancy rate

• Existing stock/inventory (supply)

• Occupied stock (demand)

• Net absorption

• Net completions

Additional submarket variables, such as those listed below, should be provided.

Provision of additional submarket variables beyond those listed below is preferred.

• Construction underway

• Asking rent

• Net operating income

• Property price

• Capitalization rates

• Property class (used to designate the quality or market segment within the property type)

2.1.7 Submarket Classification. For apartment, office, and retail property types, the contractor should assign to every submarket a mutually exclusive classification or agree to create such designations upon acceptance of contract. Submarket classifications for these property types shall include at a minimum the following: urban (or central) business district, urban, and suburban. Additional mutually exclusive submarket classifications are preferred.

Submarket classifications shall be based on an appropriate methodology using variables such as general population density, working population density, apartment building density, office building density, or other appropriate demographic or building characteristics.

2.1.8 Hotel/Lodging Market Data. Hotel data must cover at least the 50 largest hotel markets in the country. Coverage of more than the 50 largest hotel markets is preferred. The OCC prefers that continuous quarterly hotel data cover 2010 to present for each market.

Continuous quarterly data from earlier time periods is preferred. Data covered shall include at a minimum the following variables.

• Occupancy rate

• Room demand

• Room supply

• Average daily room rate

• Revenue per available room

Additional market variables, such as those listed below, should be provided. Provision of additional market variables beyond those listed below is preferred.

• Construction underway

• Existing building supply/inventory

• Net operating income

• Property price

• Capitalization rate

• Property class (used to designate the quality or market segment within the property type)

2.1.9 Hotel/Lodging Submarket Data. Submarket data for the hotel/lodging property type must be generated using the same methodologies across all submarkets, thereby ensuring comparability of data across submarkets. Submarket data must cover at least 150 submarkets in the hotel/lodging property type, with coverage of more submarkets preferred. The OCC prefers that continuous quarterly hotel submarket data cover 2010 to present for each market. Continuous quarterly data from earlier time periods is preferred.

Submarket data covered shall include at a minimum the following variables.

• Occupancy rate

• Room demand

• Room supply

• Average daily room rate

Additional submarket variables, such as those listed below, should be provided.

Provision of additional submarket variables beyond those listed below is preferred.

• Construction underway

• Existing building supply/inventory

• Property class (used to designate the quality or market segment within the property type)

2.2 SCENARIO FORECAST DATA:

2.2.1 Market Forecast Data. For apartment, office, retail, and industrial property types, the contractor shall forecast data variables over a minimum five (5) year time horizon for each property type within a market, for the number of markets identified in section 2.1.1 above.

The forecast data shall have a periodicity of quarterly. The contractor shall update the forecasts each quarter. At a minimum, the forecasts shall include a macroeconomic baseline scenario and at least one recessionary macroeconomic scenario. Additional recessionary macroeconomic scenarios are preferred. Each quarter, 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 at a minimum the following variables, with additional market variables preferred.

• Vacancy rate

• Existing stock/inventory (supply)

• Occupied stock (demand)

• Net absorption

• Net completions

• Asking rent

• Net operating income

• Property Price

2.2.2 Submarket Forecast Data. For apartment, office, retail, and industrial property type submarkets, the contractor shall forecast all data variables over a minimum five (5) year time horizon for each property type within a submarket, for the number of submarkets identified in section 2.1.4 above. The forecast data shall have a periodicity of quarterly.

The contractor shall update the forecasts each quarter. At a minimum, the forecasts shall include a macroeconomic baseline scenario and at least one recessionary macroeconomic scenario. Additional recessionary macroeconomic scenarios are preferred. Each quarter, 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 at a minimum the following variables, with additional submarket variables preferred.

• Vacancy rates

• Existing stock/inventory (supply)

• Occupied stock (demand)

• Net absorption

• Net completions

2.2.3 Market Forecast Data for Hotel/Lodging. For the hotel/lodging property type, the contractor shall forecast all data variables at the market and submarket levels over a minimum five (5) year time horizon for each property type within a market. The forecast data shall have a periodicity of quarterly. The contractor shall update the forecasts each quarter. At a minimum, the forecasts shall include a macroeconomic baseline scenario and at least one recessionary macroeconomic scenario. Additional recessionary macroeconomic scenarios are preferred. Each quarter, 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 for the hotel/lodging property type shall include at a minimum the following variables, with additional hotel market variables preferred.

• Occupancy rate

• Room demand

• Room supply

2.3 WRITTEN ANALYSIS:

2.3.1 CRE Analytic Reports. The OCC requires written analytic reports, authored each quarter and made available in portable document format (PDF), 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 types stipulated in section 2.0 (excluding hotels) at the national level. The contractor shall author at least ten (10) analytic reports each quarter, with provision of a greater number of analytic reports preferred.

2.3.2 Market Reports. The OCC requires written market 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 types stipulated in section 2.1 (excluding hotels) at the national level and at least the 100 largest markets. Provision of market reports for a greater number of markets is preferred.

3.0 DATA UPDATES, ACCESS, USAGE, AND CUSTOMER SERVICE:

3.1.1 Data Update Frequency. The contractor shall update its CRE market fundamental data and forecast data on a quarterly basis.

3.1.2 User Documentation. The contractor shall provide and maintain a data dictionary to its

CRE market data. The contractor shall also provide methodology and validation documentation upon release of new versions of its CRE forecast model(s).

3.1.3 Data Transfer via Secure File Transfer Protocol. The contractor on a quarterly basis shall place the full database of market fundamental data (at the market 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 data can be in multiple files as needed to maintain reasonable file size. The OCC shall pull the data via SFTP and store it on an internal, secure OCC server. 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.

3.1.4 Data Access from Internal Secure Server. OCC employees with a license shall have access to market fundamental and forecast data obtained by the OCC via SFTP and stored on OCC secure servers. OCC license holders may work in any OCC department or line of business.

3.1.5 Data Access and Data Download via Contractor Website. OCC employees with a license shall be authorized to access CRE market fundamental data, forecasts, and written analysis through the contractor’s website. OCC license holders may work in any OCC department or line of business. The contractor shall allow OCC personnel with a license to download CRE market fundamental data, forecast data, and written analysis from the contractor’s website.

3.1.6 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 analytical results in the form of charts, graphs, maps, or other types of visualizations 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 and analysis at the national and market level to OCC employees to assist them in performing bank supervision duties. The OCC intranet CRE webpage shall be read-only, where OCC employees cannot use the OCC’s internal CRE platform to download or otherwise obtain the data behind the visualizations. The data behind the displayed visualizations shall be at the national and market level.

3.1.7 Data Usage. The OCC requires:

3.1.7.1 OCC employees with a license shall be authorized to distribute the results of analysis or research (not raw data) using the contractor’s CRE data to all other employees of the OCC regardless of location.

3.1.7.2 OCC employees with a license shall be authorized to publicly disseminate results of research or analysis (in summary form) using the contractor’s CRE data. Public dissemination can take a variety of forms, such as published research papers, analytic outreach presentations to bankers, or interagency memoranda. The OCC shall cite the contractor as the source of the CRE data in all publicly disseminated written products.

If the Contractor requires pre-publication review of research containing CRE data, the OCC will allow this, but only for attribution and accuracy of data purposes. Pre-publication review shall not influence or impede publication of OCC research. Upon receipt of pre-publication research, the Contractor shall respond within ten (10) business days or forfeit its right to comment.

3.1.7.3 OCC employees with a license shall be authorized to co-author research papers that use the contractor’s CRE data with persons not employed by the OCC. Non-OCC co-authors will have access only to aggregated data and results of research and analysis.

3.1.8 Data Treatment at End of Contract. After conclusion of the contract (end of period of performance or termination), at the minimum, the OCC requires data rights to allow OCC license holders to archive data for regulatory and statutory record-keeping purposes.

Additional data rights at end of contract are preferred.

3.1.9 Customer Service. OCC personnel with a license shall be able to contact appropriate contractor personnel via email or telephone to ask questions or obtain clarifications regarding market fundamental data, forecasts, and written analysis published or released to clients by the contractor. Customer service questions can also be for technical help with accessing the contractor’s website platform. Customer service questions shall not generate new research or analysis by the contractor. Contractor personnel shall supply an initial response to OCC questions within two (2) business days.

4.0 SECURITY

A. Compliance with Applicable Laws, Regulations, and Standards

Secure User-to-Cloud Communications Standards. All user-to-cloud service communications (e.g., via internet) must be encrypted with the latest industry standard browser protocol.

B. General Requirements

The contractor shall not host any portion of the information, information system, infrastructure, or environment in facilities outside the contiguous United States, Alaska, Hawaii, and other U.S.

Territories.

C. Configuration Management

Not applicable.

D. Continuous Monitoring

Not applicable.

E. Data Protection

Data Encryption. Where encryption is required, as specified by the OCC, the contractor shall ensure that encryption is established and maintained for data at rest and in transit for the duration of the contract. The encryption employed shall be equivalent to those approved in Federal Information Processing Standards (FIPS) Publication 140-2 or 140-3.

General Use of Controlled Unclassified Information (CUI). The contractor shall not use any CUI or CUI subcategories, including, Personally Identifiable Information (PII) or low-sensitivity PII (e.g., E-mail Groups and Lists), for any purpose other than those activities necessary to the performance of this contract.

F. Incident Response

Notification. The contractor must report all information security incidents that potentially or actually cause the compromise of OCC information, even if the contractor believes the security incident may be limited, small, or insignificant with respect to OCC data or systems. The OCC will determine when the contractor's reported security incident requires additional focus and attention.

The contractor must report the security incident information to the OCC Cyber Defense Center (CDC): TBD@occ.treas.gov, (202) XXX-XXXX, regardless of day or time.

Information, System and Tool Availability. In the case of a reported security incident, the contractor shall provide the OCC with access to the contractor's system and/or facilities within 72 hours of the OCC's request.

G. System Access

The system should implement a multi-factor authentication for remote users.

H. Supply Chain Risk Management

Background. In accordance with Federal requirements, the OCC requires supply chain entities to implement necessary security safeguards to: (i) reduce the likelihood of unauthorized modifications at each stage in the supply chain; and (ii) protect information systems and information system components, prior to taking delivery of such systems/components. This control also applies to information system services.

Supply Chain Safeguards.

The contractor should:

a. Implement security and privacy controls for systems, facilities, and external connections to systems as necessary to ensure compliance with the laws, regulations, and standards.

b. Implement personnel screening processes to ensure suitability in accordance with relevant standards and requirements.

c. Avoid the purchase of custom configurations to reduce the risk of acquiring information systems, components, or products that have been corrupted via supply chain actions targeted at specific organizations.

d. Vet the processes and security practices of subordinate suppliers, critical information system components, and services.

e. Employ a diverse set of suppliers to limit the potential harm from any given supplier in the supply chain.

f. Implement contract language regarding the prohibition of tainted or counterfeit components.

g. Restrict purchases from specific suppliers or countries per requirements issued by the U.S. Department of Homeland Security (DHS) and/or Federal Acquisition Security Council, as these requirements pertain to the management of supply chain risk for Federal Agencies.

5.0 SECTION 508

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.

The following items are identified as containing ICT:

• Web-based Intranet and Internet Information and Applications

• Information, Documentation, and Support

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.

Applicable requirements for software and Web products:

• E207 – WCAG Level A & AA Success Criteria

• E302 – Functional Performance Criteria

• E502 – Interoperability with Assistive Technology

• E503 – Application

• E504 – Authoring Tool *

• E501 – Web-based applications, independent of platform services *

Applicable requirements for electronic documents and/or support services:

• E205 – WCAG Level A & AA Success Criteria

• E302 – Functional Performance Criteria

• E602 – Support Documentation

• E603 – Support Services

SECTION D – TERMS AND CONDITIONS

6.1 FEDERAL ACQUISITION REGULATION (FAR) CLAUSES

6.1.1 FAR Clauses by reference:

6.1.2 FAR Clauses in full text:

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):

https://www.acquisition.gov/browse/index/far.

(End of clause)

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

EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (NOV 2023)

(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)).

FAR

Clause

Title Date

52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

MAY 2011

52.204-13 System for Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020 52.204-19 Incorporation by Reference of Representations and

Certifications.

DEC 2014

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services

NOV 2023

52.227-19 Commercial Computer Software License DEC 2007 52.232-11 Extras APR 1984 https://www.acquisition.gov/browse/index/far https://www.acquisition.gov/far/part-52#FAR_52_203_19

(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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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:

[Contracting Officer check as appropriate.]

X (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. 4655).

__ (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.)

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C.

4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (6) [Reserved].

X (7) 52.204-14, Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_232_40 https://www.govinfo.gov/link/uscode/31/3903 https://www.govinfo.gov/link/uscode/10/3801 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.govinfo.gov/link/uscode/10/4655 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (JUN 2023) (Section 102 of Division R of Pub. L. 117-328).

X (10) 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).

X (11) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (OCT 2018) ( 41 U.S.C. 2313).

__ (12) [Reserved].

__ (13) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

__ (14) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (15) [Reserved]

__ (16) (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.

__ (17) (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.

__ (18) 52.219-8, Utilization of Small Business Concerns (SEP 2023) ( 15 U.S.C. 637(d)(2) and (3)).

__ (19) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2023) ( 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.

https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_204_27 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9

__ (v) Alternate IV (SEP 2023) of 52.219-9.

__ (20) (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.

X (21) 52.219-14, Limitations on Subcontracting (OCT 2022) ( 15 U.S.C. 637s).

__ (22) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (23) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (OCT 2022) ( 15 U.S.C. 657f).

__ (24) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2023)( 15 U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (25) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (OCT 2022) ( 15 U.S.C. 637(m)).

__ (26) 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 (OCT 2022) ( 15 U.S.C. 637(m)).

__ (27) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) ( 15 U.S.C. 644(r)).

__ (28) 52.219-33, Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

X (29) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (30) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (NOV 2023).

X (31) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (32) (i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

X (33) (i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) ( 38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

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X (34) (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.

X (35) 52.222-37, Employment Reports on Veterans (JUN 2020) ( 38 U.S.C. 4212).

X (36) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (DEC 2010) (E.O. 13496).

X (37) (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).

X (38) 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.)

__ (39) (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.)

__ (40) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (41) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (JUN 2016) (E.O. 13693).

__ (42) (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.

__ (43) (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.

__ (44) 52.223-15, Energy Efficiency in Energy- Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (45) (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.

X (46) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN 2020) (E.O. 13513).

__ (47) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (48) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (49) (i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

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

__ (50) (i) 52.225-1, Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (51) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (DEC 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (52) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (53) 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).

__ (54) 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. Subtitle A, Part V, Subpart G Note).

__ (55) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.govinfo.gov/link/uscode/19/3301 https://www.govinfo.gov/link/uscode/19/2112 https://www.govinfo.gov/link/uscode/19/3805 https://www.govinfo.gov/link/uscode/19/4001 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 https://www.acquisition.gov/far/part-52#FAR_52_225_5 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2501&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_225_13 https://www.acquisition.gov/far/part-52#FAR_52_225_26 https://www.acquisition.gov/far/part-52#FAR_52_226_4

__ (56) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42 U.S.C. 5150).

X (57) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (58) 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. 3805).

__ (59) 52.232-30, Installment Payments for Commercial Products and Commercial Services (NOV 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

X (60) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (OCT2018) ( 31 U.S.C. 3332).

__ (61) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

__ (62) 52.232-36, Payment by Third Party (MAY 2014) ( 31 U.S.C. 3332).

X (63) 52.239-1, Privacy or Security Safeguards (AUG 1996) ( 5 U.S.C. 552a).

__ (64) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) ( 15 U.S.C. 637(d)(13)).

__ (65) (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:

[Contracting Officer check as appropriate.]

__ (1) 52.222-41, Service Contract Labor Standards (AUG 2018) ( 41 U.S.C. chapter 67).

__ (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).

https://www.acquisition.gov/far/part-52#FAR_52_226_5…