2032H323R00059 - Combined Solicitation Synopsis - Final.pdf

RFQ 2032H323Q00059 TREASURY FIXED INCOME DATA Page 1 of 77

Table of Contents

Combined Synoposis/Request for Quotation

Section I: Statement of Work

Section II: Contract Administration, Terms & Conditions

Contract Clauses/Provisions

Section III: Representations & Instructions to Offerors ……........………………...…...….. 37

Instructions, Conditions, Notices to Offerrors

Basis for Award

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Treasury Fixed Income Data

Combined Synopsis/Request for Quotation (RFQ)

(i) 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; proposals are being requested and a written solicitation will not be issued.

(ii) Solicitation No. 2032H323Q00059 is hereby issued as a Request for Proposal (RFQ) and incorporates provisions and clauses in effect through Federal Acquisition Circular 2005-99. The Government anticipates awarding a Firm Fixed Price Contract. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) FAC 2005-99, effective July 16, 2018. This acquisition is unrestricted and open to all sources. Period of Performance is twelve (12) months starting September 28, 2023 with four (4) 12-month option years. The North American Industry Classification System code is 523210 – Securities and Commodities Exchange. Product Service Code is DA10 - IT and Telecom - Business Application/Application Development Software As A Service.

(iii) This acquisition is unrestricted and open to all sources.

(iv) The following Contract Line-Item Numbers (CLINS) are associated with this requirement:

CLIN DESCRIPTION OF SERVICES PRICE

0001 Base Period

Treasury Fixed Income Data

1001 Option Period 1

Treasury Fixed Income Data

2001 Option Period 2

Treasury Fixed Income Data

3001 Option Period 3

Treasury Fixed Income Data

4001 Option Period 4

Treasury Fixed Income Data

TOTAL $

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(v) The Department of the Treasury, Office of Treasury Procurement Services intends to issue a Firm Fixed Price (FFP) contract to obtain current daily prices, par amounts outstanding, and characteristics for all Treasury marketable securities to be used to compute Treasury yield curves and related statistics as specified in the attached Statement of Work (SOW).

(vi) The period of performance for this acquisition is as follows:

Base Period: September 28, 2023 – September 27, 2024 Option Period 1: September 28, 2024 – September 27, 2025 Option Period 2: September 28, 2025 – September 27, 2026 Option Period 3: September 28, 2026 – September 27, 2027 Option Period 4: September 28, 2027 – September 27, 2028

(vii) Delivery of all data and services will be made on a secured system where the Treasury will connect over the internet to download using SSH-based data transfer protocol (NISTIR 7966) or other secure data transfer methods using controls identified in NIST 800-53, including sftp or SCP using TCP 22 and https (TCP 443). Delivery will be made to:

U.S. Department of the Treasury Office of Economic Policy

ATTN: TBD

1500 Pennsylvania Avenue, NW, Room 2450 Washington, DC 20220

(viii) The FOB POINT is Destination.

(ix) FAR Provision 52.212-1, Instructions to Offerors-Commercial Products and Commercial Services, applies to this acquisition and addenda to the provision is located in Section III, 2.0.

(x) FAR Provision 52.212-2, Evaluation-Commercial Products and Commercial Services applies to this acquisition, and the specific evaluation criteria is located in Section III, 3.0.

(xi) Offerors shall include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services as well as all other applicable provisions within this solicitation, with its offer.

(xii) A statement that the clause at 52.212-4, Contract Terms and Conditions-Commercial Products and Commercial Services, applies to this acquisition as well as DTAR Deviation

1052.212-4 - CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS.

(ALTERNATE II) (DEVIATION 2016-00001) (APR 2018).

(xiii) FAR 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.

(xiv) See the attachment for additional contract term and conditions determined necessary for this acquisition.

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(xv) The Defense Priorities and Allocation System is not applicable to this acquisition.

(xvi) Question/Inquiries Questions/Inquiries concerning this Combined Synopsis/Solicitation are due via email to Ronald A Callender at ronald.a.callenderjr@irs.gov and Vivian N. VanHorn at vivian.n.vanhorn@irs.gov by August 22, 2023, at 3:00 PM Eastern.

When submitting questions and comments, please refer to the specific text of this RFQ in the following format:

Subject: RFQ 2032H323Q00059 Reference: RFQ Section 2

The Government may not respond to questions/inquiries received after the deadline stated above.

Questions/inquiries will not be accepted, nor answered via telephone. No other channel of communication between the vendor and an officer, employee, or agent of the Government regarding this RFQ is permitted, and no information gained from any such communication may be considered in any way binding or limiting on the Government.

(xvii) Proposal Due Date/Time:

Responses to this Combined Synopsis/Solicitation shall be made electronically to ronald.a.callenderjr@irs.gov and vivian.n.vanhorn@irs.gov no later than August 31, 2023 at 3:00 PM Eastern. See SECTION III 2.0 FOR SUBMISSION INSTRUCTIONS.

mailto:ronald.a.callenderjr@irs.gov mailto:vivian.n.vanhorn@irs.gov mailto:ronald.a.callenderjr@irs.gov mailto:vivian.n.vanhorn@irs.gov

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SECTION I: STATEMENT OF WORK (SOW)

TREASURY FIXED INCOME DATA

1. INTRODUCTION

The purpose of this contract is to obtain daily data for U.S. Treasury marketable securities to be used to compute Treasury yield curves.

The contractor must provide current daily files containing prices and par amounts outstanding for all Treasury securities. Also, the contractor must provide continuous access to data on characteristics for all Treasury securities.

2. BACKGROUND

Pursuant to Statement of Federal Financial Accounting Standards (SFFAS) 33, Pensions, Other Retirement Benefits, and Other Postemployment Benefits: Reporting the Gains and Losses from Changes in Assumptions and Selecting Discount Rates and Valuation Dates, Federal agencies, including the Department of Defense, Department of Veterans Affairs, Department of State, and Office of Personnel Management, as well as other smaller agencies responsible for reporting pension liabilities, are required to use spot (zero coupon) rates derived from Treasury securities to generate actuarial estimates of liabilities and expenses for Federal employee pensions, other retirement benefits (ORB), and other postemployment benefits (OEPB) reported and disclosed in their yearly audited financial statements.

The pension liability for the entire Federal Government is the second largest liability on the Balance Sheet of the U.S. Government, amounting to over $6 trillion. Each agency has their pension activity audited as part of their annual financial statement audit. These amounts are subsequently consolidated into the annual Financial Report of the United States Government.

The Office of the Fiscal Assistant Secretary (OFAS), Accounting Policy Division has entered into an agreement with the Office of Economic Policy whereby Economic Policy has agreed to produce a Treasury yield curve that generates these spot rates for Treasury securities for the foreseeable future, and also going back through 1976. The yield curve is called the Treasury Nominal Coupon-Issue (TNC) Yield Curve, and it is part of the set of yield curves produced by Economic Policy, including the High Quality Market (HQM) Corporate Bond Yield Curve as mandated by the Pension Protection Act of 2006 (PPA).

In addition to the TNC yield curve, Economic Policy also produces other Treasury yield curves, including the Treasury Real Coupon-Issue (TRC) Yield Curve providing real Treasury yields based on TIPS, and the Treasury Breakeven Inflation (TBI) Curve providing breakeven inflation rates derived from the TNC and TRC curves. All these curves are widely used for purposes in addition to discounting within government.

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In order to produce the set of Treasury yield curves, the Office of Economic Policy must buy appropriate data, including daily price and related data and characteristics data for Treasury securities. The daily data will be provided in current daily files. Characteristics data may be provided in various formats.

3. SCOPE

The objective of this contract is to obtain current daily prices, par amounts outstanding, and characteristics for all Treasury marketable securities. These data are to be used for Treasury yield curves.

4. SPECIFIC TASKS

Task 1: Provide a current daily file of Treasury security data each business day that contains that day’s price and par amount outstanding for all Treasury marketable securities that exist and could be traded on that day. This task is specified in Section 5.

Task 2: Provide data on characteristics for all Treasury securities that are included in the current daily files. This task is specified in Section 6.

5. CURRENT DAILY FILES

5.1. The contractor must provide a daily file each business day during the Period of Performance specified in Section 8. Each day’s file must contain that day’s price and par amount outstanding for all Treasury marketable securities that exist and could be traded on that day.

5.2. General Features of the Data in the Current Daily File

5.2.1. The data must pertain to the closing time of each business day. The contractor must specify the definition of closing time, and this time must be at or later than 3 p.m. ET, except for days when the market closes earlier.

5.2.2. Business days are defined to be all days except weekends and the following holidays:

New Year’s Day, Birthday of Martin Luther King, Jr., Washington’s Birthday, Memorial Day, Juneteenth National Independence Day, Independence Day, Labor Day, Columbus Day, Veterans Day, Thanksgiving Day, and Christmas Day; with the provision that any of these holidays that falls on a Saturday is observed on the preceding Friday, and any of these holidays that falls on a Sunday is observed on the subsequent Monday.

5.2.3. Because the Treasury yield curves computed using these data may be distributed to the public, the contractor’s terms of use of the data must allow for public distribution.

5.3. The Set of Securities

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5.3.1. The set of securities chosen for each business day’s data must include all Treasury marketable securities that have been issued, have not matured or expired, and could be traded on that day. Nominal or conventional bills, notes, and bonds of all maturities must be included as well as all inflation-protected securities (TIPS) and floating rate Treasury securities. When issued securities must also be included if the contractor has data for them. The contractor is responsible for ensuring that all these Treasury securities are included. In particular, the set of securities must change from day to day as required: every day, the contractor must add or remove Treasury securities as necessary to ensure that the set for that day includes all current Treasury securities. The contractor must describe in detail the methodology employed for ensuring complete inclusion of all these Treasury securities.

5.3.2. The contractor may also offer to include Treasury Separate Trading of Registered Interest and Principal Securities (STRIPS) in the daily file. It could be more efficient to include STRIPS if the contractor has a general Treasury file that includes both marketable Treasuries and STRIPS. If included, the STRIPS data must be documented, and the characteristics data described in Section 6 must encompass STRIPS. Moreover, if the contractor supplies a daily file that includes not only Treasury marketable securities but possibly STRIPS and other types of securities, the contractor must provide indications in the file as to the type of each security, whether it is a marketable Treasury, STRIPS, or some other type.

5.4. Data Items

5.4.1. For each of the securities for each business day, and for the closing time of that day, the contractor must supply in the daily file the price of the security and the par amount outstanding.

5.4.2. Securities in each daily file must be identified by CUSIP (Committee on Uniform Securities Identification Procedures) number, either eight or nine characters. The CUSIP numbers must be officially assigned by the CUSIP bureau.

5.4.3. For each of the securities for each business day, the price supplied in the daily file must be the contractor’s estimate of the bid price of the security for institutional investors in the market at closing time, whether or not the security actually traded at closing time on that day. The contractor must set out in detail the methodology used to construct the estimates of the prices.

This methodology must take into account relevant data on actual trades, and may include such techniques as pricing a security relative to similar securities, use of yield curves, and use of unique market information for individual securities.

5.4.4. The format of the price data must follow market convention as follows: the actual price excluding accrued interest must be provided for notes and bonds, except when the market expresses the price in the form of a yield for when issued trading, and the discount rate must be provided for bills. The price may be expressed in decimals or in some other format such as 32nds. The contractor must document the formats of all the prices. Also, the price must not be adjusted for the presence of any special feature that the security may have, such as a call option.

5.4.5. The contractor must supply the par amount outstanding for each security in the daily file.

This must be the par amount of the security outstanding at close on that day, and must fully account for any changes to par amount outstanding since the security was originally issued.

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6. CHARACTERISTICS DATA

6.1. The contractor must provide characteristics data at any time of day and for every day during the Period of Performance specified in Section 8. The specific characteristics data items are described below. At any time, the group of securities for which characteristics data are provided must include all Treasury securities that are in the current daily files for the Period of Performance up to that time.

6.2. The Group of Securities

6.2.1. The group of securities for which characteristics data are available from the contractor at any time must include all Treasury securities that appear in the daily files, including STRIPS if they are included in the daily files. This implies, of course, that the group of securities for which characteristics data are available will grow over time as new Treasury securities are issued. The contractor must describe in detail the methodology employed for ensuring that all Treasury securities in the files are included in the characteristics data.

6.2.2. If the contractor’s current daily files include data beyond Treasury marketable securities, the characteristics data must provide indications as to which bonds are marketable Treasuries versus STRIPS versus other types of securities.

6.2.3. Because the Treasury yield curve computations using the characteristics data and the current daily files may be distributed to the public, the contractor’s terms of use of all these data must allow for public distribution.

6.3. Characteristics Data Items

6.3.1. The characteristics data items must include items that help select securities for various types of yield curves. Therefore, the characteristics data must provide enough information to determine whether each security is appropriate for a particular type of yield curve. In addition to choosing securities for the yield curves, the characteristics data are also used in the construction of the yield curves.

6.3.2. Analogous to the current daily files, all securities included in the characteristics data must be identified by CUSIP (Committee on Uniform Securities Identification Procedures) number, either eight or nine characters. The CUSIP numbers must be officially assigned by the CUSIP bureau.

6.3.3. Characteristics data items must be provided that indicate whether each security is a nominal or conventional Treasury bill, note, or bond, an inflation-protected note or bond, a STRIPS security, versus some other kind of security. If they are included, different types of STRIPS securities must be indicated, such as whether the security is a coupon or principal

STRIPS.

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6.3.4. The characteristics data items must provide basic information about each security, including each security’s coupon rate, announcement date, auction date, issue date, issue amount, dated date, date of the first coupon payment, maturity date, and term. For each security, this information must be included for original issuance and reopenings.

6.3.5. Characteristics data items must also be provided that describe any special features of each security, such as call features if they exist and floating rates. Characteristics items must also be provided for any other special features that may be used in the future.

6.3.6. The contractor may also provide additional data items describing other features of each security that may affect its price.

7. DELIVERABLES AND DELIVERY SCHEDULE

7.1. The daily files must be delivered for every business day in the Period of Performance specified in Section 8. However, if Treasury is not ready to receive these files at the beginning of the Period of Performance, the beginning delivery date is postponed until Treasury is ready, and at that time the contractor must deliver all daily files starting with the first day in the Period of Performance and continuing up to the beginning delivery date.

7.2. All characteristics data must be available at any time of day for all days in the Period of Performance specified in Section 8 including weekends and holidays.

7.3. All data files including daily files and characteristics data files must be provided to Treasury electronically in the form of one or more text files that are in a human readable format. Large files must be broken up into a set of smaller files such that the maximum size of each smaller file unzipped is 2.5 gb. The files must be downloadable by a transfer approach that is secure and acceptable to Treasury.

7.4. For the current daily files, the name of each file must contain in some form the date of the day to which the data in the file pertain. Moreover, for each business day, the current daily file containing the data for that day must be available for download by Treasury by at least 10 a.m.

ET on the following business day.

7.5. The contractor must propose the method of delivery of the characteristics data to Treasury, but the method should be easy to use, fully documented, and permit rapid and repeated queries by Treasury for characteristics data for securities identified by CUSIP numbers. Most queries by Treasury for characteristics data should typically receive the requested data within a few minutes.

7.6. The characteristics data must be provided to Treasury in the form of one or more electronic text files that are in a human readable format. One acceptable method of delivery is for Treasury to upload a text file with CUSIP numbers and a list of characteristics data items to the contractor, with the contractor responding with a file containing the CUSIP numbers and characteristics items and providing it for download.

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8. PERIOD OF PERFORMANCE

The Period of Performance for this contract is September 28, 2023 through September 27, 2024, plus four Option Years.

9. GOVERNMENT FURNISHED EQUIPMENT AND GOVERNMENT FURNISHED

INFORMATION (GFE/GFI)

N/A

10. PLACE OF PERFORMANCE

Files will be available online via the Contractor website.

11. SUPPORT

11.1. The contractor must provide support in resolving any problems or questions in connection with the supplied data. Problems might include, but may not be limited to, missing or erroneous data or information. Questions could arise with regard to data items or sets of data which may be anomalous, and the contractor must be able to answer the questions and explain the anomalies.

11.2. As part of the support, the contractor must provide complete documentation about the data supplied, including definitions of all items in the files and the technical layout of the files.

11.3. The contractor’s support must include a telephone number that is available to be called for help every business day between 9 a.m. ET and 6 p.m. ET. Any problem or question must be resolved and any replacement or corrected data or files must be received by Treasury within 48 hours from the time that the telephone call was placed alerting the contractor to the problem or question or need for replacement or correction.

12. INSPECTION AND ACCEPTANCE

12.1. The purpose of the data supplied by the contractor on this contract is to construct the Treasury yield curves described above. Therefore, all provided data must be accurate and complete for producing the Treasury yield curves.

12.2. The Contracting Officer’s Representative (COR) will perform inspection to ensure that the provided data fulfill the requirements of this contract.

12.3. Treasury will make best efforts to work toward resolution of any problem or question as quickly as possible, so that the resulting data can be accepted.

13. WORK HOURS

Online service is available 24 hours a day, 7 days a week.

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14. SECURITY

Information is unclassified and does not require DD Form 250.

15. SECTION 508 COMPLIANCE

This service must meet industry standards to comply with 508 regulations.

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SECTION II – CONTRACT ADMINISTRATION, TERMS AND CONDITIONS

1.0 AUTHORITY

a. CONTRACTING OFFICER

The Contracting Officer for this action is:

VIVIAN VAN HORN

U.S. Department of the Treasury, IRS, OS:OCPO:BSA:HQ:TO:P 5000 Ellin Road, Stop C7-430 Lanham, MD 20706 E-Mail: vivian.n.vanhorn@irs.gov

The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, 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 cost incurred as a result thereof.

b. CONTRACTING OFFICER’S REPRESENTATIVE (COR)

DTAR 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority (Apr 2015)

(a) The COR is:

TBD

U.S. Department of the Treasury, D.O.

Office of Privacy, Transparency, and Records (PTR) 1500 Pennsylvania Ave. NW Washington, DC 20220 Telephone: TBD E-Mail: TBD

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement.

The COR does not have authority to issue technical direction that:

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(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

(End of clause)

The COR’s assignment for this contract may be changed at any time by the Government without prior notice to the Contractor. The Contractor will be notified of the change.

c. CONTRACT PROJECT MANAGER

The Contractor’s designated Project Manager for this contract is:

Name:

Address:

Phone:

E-mail:

The Contractor shall provide a Project Manager for this contract who shall have the authority to make any no-cost technical, hiring, and dismissal decisions, or special arrangement regarding this contract. The Project Manager shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government.

The Project Manager shall have full authority to act for the Contractor in the performance of the

RFQ 2032H323Q00059 TREASURY FIXED INCOME DATA Page 14 of 77 required services. The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Project Manager or designated representative shall respond within four hours after notification of the existence of a problem.

2.0 TYPE OF CONTRACT

The Government anticipates award of a firm fixed price (FFP) contract.

3.0 INVOICE SUBMISSION REQUIREMENTS

(a) Invoices shall be submitted electronically to www.ipp.gov.

(b) An electronic copy shall also simultaneously be submitted to the COR and the Contracting Officer.

(c) Submission of proper invoices shall be rendered on a fixed monthly amount paid after each month..

(d) Each invoice submitted shall be supported by appropriate documentation. Documentation necessary to substantiate an invoice shall include, but is not limited to project name and number, invoice number, percent complete, original contract amount, modification amounts, retainage amount and percent cumulative), cost of materials used this invoice, value of work in place, contractor name, and contract number. Such documentation shall meet the approval of the Contracting Officer.

DTAR 1052.232-7003 Electronic Submission of Payment Requests (Apr 2015)

(a) Definitions. As used in this clause -

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer's written authorization with each payment request.

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4.0 CONTRACT CLAUSES

FAR 52.252-2 Clauses Incorporated by Reference (Feb 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

Clauses Incorporated by Reference:

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

NUMBER TITLE DATE

52.203-3 Gratuities Apr 1984 52.203-17 Contractor Employee Whistleblower Rights and Requirement to

Inform Employees of Whistleblower Rights Jun 2020

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements Jan 2017

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 52.227-1 Authorization and Consent Jun 2020

52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement Jun 2020

52.229-3 Federal, State, and Local Taxes Feb 2013 52.232-23 Assignment of Claims May 2014 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors Mar 2023 52.243-1 Changes - Fixed-Price Alternate I Aug 1987

The following clauses are incorporated by full text:

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Products and Commercial Services (Jun 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

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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:

[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.)

_X_ (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].

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

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

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_X_ (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).

_X_ (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 (Oct 2022) (15 U.S.C.

657a).

__ (12) 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).

__ (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.

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2022) (15 U.S.C. 637(d)(2) and (3)).

__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2022) (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.

_X_ (19) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C.

637(d)(4)(F)(i)).

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__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022) (15 U.S.C. 657f).

_X_ (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Oct 2022) (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 (Oct 2022) (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 (Oct 2022) (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)).

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Dec 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (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.

_X_ (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.

_X_ (33) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

__ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

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_X_ (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).

_X_ (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.

_X_ (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).

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

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

__ (49) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Dec 2022) ( 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 (Jan 2021) of 52.225-3.

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

__ (50) 52.225-5, Trade Agreements (Dec 2022) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (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. Subtitle A, Part V, Subpart G Note).

__ (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).

__ (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. 3805).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

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_X_ (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).

__ (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:

[Contracting Officer check as appropriate.]

_X_ (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) (29 U.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).

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_X_ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

_X_ (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).

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(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 2022) ( 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 (May 2014) (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).

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(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. Subtitle A, Part V, Subpart G 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.

FAR 52.217-8 Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of contract expiration.

FAR 52.217-9 Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within at least five (5) days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(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 72 months or five (5) years.

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DTAR 52.212-4 Contract Terms and Conditions-Commercial Items. (DEVIATION 2016- 00001) (Apr 2018)

As prescribed in 1012.301-70, when a commercial item contract is contemplated substitute, paragraphs, (s), and) for those in the basic FAR clause; and additionally, add subparagraph (e)(2) and paragraph (w) to the basic FAR clause.”

(e) Definitions.

(2) As used in this clause, "Commercial supplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial…