Attachment B FHFA Specialty Clauses.pdf

Attachment B FHFA Specialty Clauses

6.202 Disputes (APR 2013)

(a) All disputes arising under or relating to this contract shall be resolved under this clause. The Contract Disputes Act of 1978, as amended (41 U.S.C. 7101-1709) is not applicable to the Federal Housing Finance Agency.

(b) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim. The submission may be converted to a claim, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.

(c) (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within six (6) years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Federal Housing Finance Agency (FHFA), hereafter "Agency," against the Contractor shall be subject to a written decision by the Contracting Officer.

(2)(i) The Contractor shall provide the certification specified in paragraph (c)(2)(iii) of this clause when submitting any claim exceeding $100,000.

(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.

(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief;

that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Agency is liable; and that I am duly authorized to certify the claim on behalf of the Contractor."

(3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim.

(d) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.

(e) The Contracting Officer’s decision shall be considered final unless the contractor submits a written request for appeal of the decision to FHFA’s Senior Procurement Executive (SPE), within 60 days from receipt of the Contracting Officer’s decision. The SPE must, within 30 days, decide the claim or notify the Contractor of the date by which the decision will be made.

The decision of the SPE is final and conclusive unless a court of competent jurisdiction finds the decision fraudulent, arbitrary or capricious, so grossly erroneous as to imply bad faith, or not supported by substantial evidence. The contractor has 180 days from the date of the SPE’s decision to appeal to a court of competent jurisdiction.

(f) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Agency is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer.

(g) The Agency shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, interest shall be paid from the date that the Contracting Officer initially receives the perfected claim. Defective certifications are defined as failing to comply with any portion of (c) (2) or (c) (3) of this clause. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.

(h) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, or appeal, arising under or relating to the contract, and comply with any decision of the Contracting Officer.

6.203 Non-Appropriated Funded Agency – FHFA (MAR 2011)

(a) Under the Housing and Economic Recovery Act of 2008, FHFA was established as an independent agency in the Executive Branch of the Federal Government.

(b) Not withstanding any other provision or clause contained herein, whether express or incorporated by reference, FHFA is a non-appropriated funded agency. As such, FHFA is not subject to the Federal Acquisition Regulation (FAR). FHFA voluntarily follows the FAR with some limited exceptions in its acquisition of supplies and services. Any FAR provisions and/or clauses contained herein, whether express or incorporated by reference, are being utilized due to their commonality in the Federal acquisition environment.

(c) The Contractor understands that FHFA is not subject to the Contract Disputes Act of 1978 and that FHFA has its own disputes process as set forth in the clause contained herein and entitled “Disputes.”

6.204 Public Release of Contract Award and Publicity Information (AUG 2012)

(a) The Contractor, its affiliates, agents or subcontractors, and their respective employees, shall not issue press releases or provide other information to the public or media regarding any FHFA contract award.

(b) The Contractor, its affiliates, agents or subcontractors, and their respective employees, shall not make statements to the media or issue press releases regarding their performance under this Contract.

(c) The Contractor may not issue or sponsor any advertising or publicity that states or implies that FHFA endorses, recommends or prefers the Contractor's services or products.

(d) The Contractor agrees to include this clause in all its subcontracts under this contract.

6.205 Nondisclosure of Controlled Unclassified Information, including FHFA Non-Public Information (NOV 2023)

(a) In the course of performance of this contract, Contractor (used hereinafter in this clause to mean Contractor and Contractor’s directors, officers, employees, subcontractors, agents, or consultants) may receive and/or produce Controlled Unclassified Information (CUI), as defined in 32 C.F.R. Part 2002 (hereinafter referred to as “FHFA CUI”). One type of FHFA CUI is FHFA Non-Public Information, which is information in any medium, whether electronic, hard copy, or unwritten, that FHFA has not made public, that is created by, obtained by, or communicated to an FHFA employee or FHFA contractor personnel, in connection with the performance of official duties, regardless of who is in possession of the information. FHFA CUI includes, but is not limited to, information of the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Home Loan Banks (collectively, the regulated entities), the Office of Finance of the Federal Home Loan Bank System (Office of Finance), or FHFA. FHFA CUI includes information in any form, including documents, electronic mail, computer files, conversations, audio or video recordings, and internal information technology infrastructure components, including Internet Protocols.

(b) All FHFA CUI received and/or produced pursuant to this contract must be handled in accordance with (1) Executive Order 13556, Controlled Unclassified Information, 75 FR 68675 (Nov. 4, 2010); (2) 32 C.F.R. Part 2002; and (3) the CUI Registry (available at:

https://www.archives.gov/cui). Unless otherwise directed by the COR, the Contractor shall ensure any written deliverables it creates as a result of this contract are marked as CUI in accordance with FHFA Policy No. 222, Controlled Unclassified Information Policy, and the associated CUI Procedures. If the Contractor does not have access to FHFA’s intranet, the Contractor shall request a copy of the CUI Policy and Procedures from the Contracting Officer’s Representative (COR) and provide it to any contractor employee who may create, receive or have access to CUI. Contractor acknowledges that misuse of CUI may be subject to penalties established in applicable Federal laws, regulations, or Government-wide policies. Contractor agrees to report noncompliance with CUI handling requirements to FHFA's COR (used in this clause to mean the COR or the Invoice Approver).

(c) Contractor shall not disclose without the prior written approval of the Contracting Officer (CO), any FHFA CUI obtained by, produced by, or disclosed to the Contractor in connection with its performance under this contract, to anyone other than persons within FHFA or persons in the Contractor’s organization who are properly entitled to such information for the performance of their official duties and who have signed an FHFA Nondisclosure Agreement.

(d) Contractor shall take all reasonable measures to avoid unintentional or inadvertent disclosure by it of FHFA CUI, and shall return to FHFA any such information, or copies thereof, not later than the date the Contractor has completed performance of its work under this contract. Should a question arise as to whether particular information is FHFA CUI, the Contractor shall https://www.archives.gov/cui https://intranet.fhfa.gov/downloader.ashx?objectid=6491209 https://intranet.fhfa.gov/downloader.ashx?objectid=6491210 immediately contact the FHFA COR and seek a determination as to the information’s status. In the absence of a COR, the Contractor shall immediately contact the FHFA CO. If FHFA determines that the information is FHFA CUI, Contractor shall treat it in accordance with this clause.

(e) If the contractor creates, receives, or has access to personally identifiable information (PII) during its performance of this contract, FHFA Policy No. 301, Use and Protection of Personally Identifiable Information Policy, is hereby incorporated by reference into the contract. The Contractor shall abide by FHFA Policy No. 301 and follow its requirements for using and protecting PII, which is also a category of CUI. FHFA Policy No. 301 is available on the FHFA intranet. If the Contractor does not have access to FHFA’s intranet, the Contractor shall request a copy of FHFA Policy No. 301 from the COR and provide it to any employee who may create, receive or have access to PII. Contractor employees may also be required to take annual or role-based privacy awareness training. For the purposes of this clause, PII is defined as information that can be used to distinguish or trace an individual’s identity, such as name, home address, telephone number, social security number, or biometric records, alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date of birth, mother’s maiden name, and truncated or partial social security numbers.

(f) All incidents that involve FHFA CUI must be reported within one hour of becoming aware of the incident to the FHFA Help Desk at HelpDesk@fhfa.gov or (202) 649-3990 between 7:00 a.m. – 7:00 p.m. ET. Incidents outside of these hours, during unscheduled office closures, on weekends, or on holidays must be reported to the Help Desk via telephone. The Contractor shall then notify FHFA's CO and COR.

When reporting an incident, the Contractor must provide as much information as possible, such as the nature of the incident (e.g., lost files, stolen IT equipment, or hacked electronic devices);

the information that was involved in the incident; the date, time, and location of the incident; the number of affected individuals; and any other pertinent information. For the purposes of this clause, an incident is defined as an occurrence that actually or imminently jeopardizes, without lawful authority, the confidentiality, integrity, or availability of information or an information system; or constitutes a violation or imminent threat of violation of law, security policies, security procedures, or acceptable use policies. After reporting an incident, the Contractor shall have a continuing obligation to participate in and assist FHFA in investigating, mitigating, and responding to such an incident.

(g) The Contractor agrees not to use or permit the use of FHFA CUI obtained or created as a result of its performance of work for FHFA under this contract for private gain for itself or any other person or entity by direct action on Contractor’s part or by counsel, recommendation, or suggestions to another person or entity.

(h) In accordance with 12 C.F.R. Part 1215, unless by judicial order directed otherwise (after providing the CO with notice as specified below), the Contractor understands that it is prohibited from testifying in court or otherwise with respect to information obtained by, produced by, or disclosed to the Contractor in connection with its performance of work under this contract, and is prohibited from furnishing documents of FHFA, the regulated entities, or the Office of Finance, https://intranet.fhfa.gov/downloader.ashx?objectid=7472446 mailto:HelpDesk@fhfa.gov or copies thereof, in compliance with a subpoena, court order, or otherwise without prior written notice to the CO. The Contractor shall promptly notify the CO of any request, subpoena, court order, or other legal process requiring Contractor's attendance as a witness or the production of documents.

(i) The Contractor understands that it is subject to criminal penalties under 18 U.S.C. 641 and 1905, and other applicable laws for the misuse or unauthorized disclosure of CUI.

(j) The Contractor agrees that each of its personnel and subcontractor personnel working under this contract shall sign the FHFA Nondisclosure Agreement (Agreement) containing the requirements and prohibitions set forth in paragraphs (a) through (i) of this clause. The Contractor further agrees that the Contractor shall submit a copy of each signed Agreement to the FHFA CO and designated COR prior to performance of any work by Contractor's personnel or subcontractor personnel under this contract. This includes all substitutions or additions of Contractor personnel over the contract’s performance. The Contractor shall maintain all the original, signed Agreements. Within five business days of a written request from the CO, the Contractor shall provide the signed, original Agreements. (A copy of the Agreement is an attachment.)

(k) The Contractor agrees that any breach of this clause that is attributable to the Contractor constitutes a material breach of contract and may be sufficient grounds for a termination for default.

(l) Control of Information. All FHFA CUI remains the property of FHFA. At any time, at the direction of the CO or COR, the Contractor shall promptly retrieve, deliver, erase, or destroy all FHFA CUI, or any portion thereof, under the Contractor's control or in its possession. Within five calendar days of a request from the CO or the COR, the Contractor shall provide such information in a format and on media as directed by the CO or the COR. Within 15 calendar days prior to completion or termination of the contract, the Contractor shall contact the FHFA COR for direction regarding the proper return, erasure, or destruction of all FHFA CUI under its control or in its possession. To the extent permitted by law, the Contractor shall fully execute these actions and provide written certification to the CO upon completion. Failure to provide written certification may result in a delay in payment or non-payment of invoices.

(m) Subcontracts. The Contractor shall include this clause in all its subcontracts, and require its subcontractors to do the same, if the subcontractor may receive or produce CUI.

NONDISCLOSURE AGREEMENT (NOV 2023)

I, , during the performance of my work under Contract No.___________________ for the Federal Housing Finance Agency (FHFA) and after completing such performance, shall not disclose without the prior written approval of the FHFA’s Contracting Officer (CO) any Controlled Unclassified Information (CUI) obtained by, produced by, or disclosed to me in connection with my performance of work for FHFA to anyone other than persons within FHFA, who already have access to such CUI, or persons in my organization who are properly entitled to such information for the performance of their official duties. FHFA CUI obtained, produced, or disclosed under this contract constitutes FHFA Non- Public Information, a category of CUI. FHFA Non-Public Information is information in any medium, whether electronic, hard copy, or unwritten, that FHFA has not made public, that is created by, obtained by, or communicated to an FHFA employee or FHFA contractor personnel, in connection with the performance of official duties, regardless of who is in possession of the information. FHFA CUI includes, but is not limited to, information of the Federal National Mortgage Association, the Federal Home Loan Mortgage Corporation, and the Federal Home Loan Banks (collectively, the regulated entities), the Office of Finance of the Federal Home Loan Bank System (Office of Finance), or FHFA. FHFA CUI includes information in any form, including documents, electronic mail, computer files, conversations, audio or video recordings, and internal information technology infrastructure components, including Internet Protocols.

I will handle all CUI received and/or produced pursuant to this contract in accordance with (1) Executive Order 13556, Controlled Unclassified Information, 75 FR 68675 (Nov. 4, 2010); (2) 32 C.F.R. Part 2002; and (3) the CUI Registry (available at: https://www.archives.gov/cui).

Unless otherwise directed by the Contracting Officer’s Representative (COR), I will mark all CUI in accordance with FHFA Policy No. 222, Controlled Unclassified Information Policy and the associated CUI Procedures. If I do not have access to FHFA’s intranet, I will request a copy of the CUI Policy and Procedures from the COR. I acknowledge that misuse of CUI may be subject to penalties established in applicable Federal laws, regulations, or Government-wide policies. I agree to report noncompliance with CUI handling requirements to FHFA's COR (used in this clause to mean the COR or the Invoice Approver).

I shall take all reasonable measures to avoid unintentional or inadvertent disclosure by me of FHFA CUI, and shall return to FHFA any such information, or copies thereof, not later than the date I have completed performance of my work. Should a question arise as to whether particular information is FHFA CUI, I shall immediately contact the FHFA COR and seek a determination as to the information’s status. In the absence of a COR, I shall immediately contact the FHFA CO. If the FHFA COR or CO notifies me that the information is FHFA CUI, I shall treat it in accordance with this Agreement.

If I create, receive or have access to personally identifiable information (PII) in the course of performing this contract, I understand that I must comply with FHFA Policy No. 301, Use and Protection of Personally Identifiable Information Policy, with respect to using and protecting PII, which is also a category of CUI. FHFA Policy No. 301 is available on FHFA’s intranet. If I do not have access to FHFA’s intranet, I will request a copy of FHFA Policy No. 301 from the FHFA COR. If required by FHFA, I acknowledge that I shall attend annual and role-based privacy awareness training. For the purposes of this clause, PII is defined as information that can be used to distinguish or trace an individual’s identity, such as name, home address, telephone number, social security number, or biometric records, alone, or when combined with other personal or identifying information that is linked or linkable to a specific individual, such as date of birth, mother’s maiden name, and truncated or partial social security numbers.

I agree that if I become aware of an incident involving FHFA CUI, I will immediately notify the FHFA Help Desk at (202) 649-3990 or HelpDesk@fhfa.gov between 7:00 a.m. – 7:00 p.m. ET.

https://www.archives.gov/cui https://intranet.fhfa.gov/downloader.ashx?objectid=6491209 https://intranet.fhfa.gov/downloader.ashx?objectid=6491210 mailto:HelpDesk@fhfa.gov

After business hours and during office closures (e.g., holidays), I will report incidents via telephone. I shall immediately thereafter notify the CO and COR of any incident involving CUI.

I shall not use or permit the use of FHFA CUI obtained by me as a result of my performance of work for FHFA for private gain for myself or any other person or entity by direct action on my part or by counsel, recommendation, or suggestions to another person or entity.

In accordance with 12 C.F.R. Part 1215, unless by judicial order directed otherwise (after providing the CO with notice as specified below), I understand that I am prohibited from testifying in court or otherwise with respect to information obtained by, produced by, or disclosed to me in connection with my performance of work under this contract, and I am prohibited from furnishing documents of FHFA, the regulated entities, or the Office of Finance, or copies thereof, in compliance with a subpoena, order, or otherwise without prior written notice to the FHFA CO. I shall promptly notify the CO of any request, subpoena, court order, or other legal process requiring my attendance as a witness or the production of documents.

I understand that I am subject to criminal penalties under 18 U.S.C. 641 and 1905, and other applicable laws for the misuse or unauthorized disclosure of FHFA CUI.

EXECUTED this _______ day of _____________, 20____.

Signature: __________________________

6.206 Invoicing Clauses

Select the appropriate Invoicing clause based on the prescription in 3.206.

6.206a Invoicing via Invoice Processing Platform (MAR 2020)

All invoices shall be submitted via the Invoice Processing Platform (IPP). The IPP is a secure web-based electronic invoicing and payment information service.

IPP Submission

The IPP website address is https://www.ipp.gov. Contractor assistance with enrollment can be obtained by contacting the IPP Production Help Desk via email at IPPCustomerSupport@fiscal.treasury.gov or phone at (866) 973-3131.

Invoice Contents

Ensure that the invoice complies with all other payments and invoicing instructions and terms within the Contract. In addition to the invoicing fields required by IPP, the vendor shall ensure the IPP submission of their invoice includes any substantiating documentation or information as considered necessary by the COR or Contracting Officer to support the invoice, including the following items:

https://www.ipp.gov/ mailto:IPPCustomerSupport@fiscal.treasury.gov

(a) Description, cost or price, and quantity of property (including any partial quantities) and/or services actually delivered or rendered;

(b) Price; hourly rates; other costs, less applicable discounts;

(c) Contractor timesheets including dates and times of performance of Contractor employees;

and/or

(d) Name of the authorized employee(s) performing services

For payment and invoice questions, contact the Accounts Payable Branch at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

Contractors shall not submit invoices for supplies or services more than once a month.

6.208a FHFA Network Access (MAR 2023)

The Contractor can be provided FHFA network access after successful completion of the background investigation processes outlined in FHFA clause 6.207, Homeland Security Presidential Directive-12 [HSPD-12].

The Contractor (used hereinafter in this clause to mean the Contractor and its directors, officers, employees, subcontractors, agents, or consultants) agrees that any Contractor who has access to FHFA’s network shall comply with FHFA’s Information System Rules of Behavior (ROB), and will be required to sign the ROB User Acknowledgement prior to being granted access to FHFA’s network. Once network access is granted, the Contractor shall complete mandatory training to include, but not limited to:

1. Information Security Awareness Training,

2. Privacy Act Training,

3. Controlled Unclassified Information and Records Management Training.

Training shall be completed within 10 business days of being granted access to FHFA’s network, and annually thereafter. Failure to complete mandatory training within this time frame may result in suspension of the Contractor’s network access. Additionally, if the Contractor is notified by FHFA that their position(s) requires additional specialized training, the Contractor shall complete such additional training within 90 days of their start date, and annually thereafter, as directed by

FHFA.

The Contractor shall include this clause in all its subcontracts, and require its subcontractors to do the same for any subcontracts in which the subcontractor will have access to FHFA network.

6.210 Hold Harmless and Indemnification Agreement (DEC 2019)

The Contractor shall save, hold harmless, and indemnify the Government against any and all liability, claims, and costs of whatsoever kind and nature for bodily injury to or death of any person or persons and for loss or damage to any tangible personal property occurring or arising out of the occupancy, use, service, operations, or performance of work under the terms of this contract, resulting in whole or in part from the intentional and/or negligent acts or omissions of mailto:AccountsPayable@fiscal.treasury.gov the Contractor, and Subcontractor, or any employee, agent, or representative of Contractor or Subcontractor.

6.212a Order of Precedence- FHFA Contracts (JAN 2022)

In addition to any Order of Precedence Clause included within the Contract, including but not limited to FAR 52.212-4(s) (Contract Terms and Conditions—Commercial Products and Commercial Services), FAR 52.214-29 (Order of Precedence—Sealed Bidding), FAR 52.215-8 (Order of Precedence—Uniform Contract Format), FAR 52.241-2 (Order of Precedence— Utilities), any conflict between a unique FHFA clause and a FAR clause will be resolved by giving precedence to the FHFA’s clause regardless of its position within an already stated order of precedence. Otherwise, the existing FAR Order of Precedence clause in the contract will govern any conflict or ambiguity.

6.218 Minority and Women Inclusion (OCT 2017)

Contractor confirms its commitment to equal opportunity in employment and contracting. To implement this commitment, the Contractor shall ensure, to the maximum extent possible consistent with applicable law, the fair inclusion of minorities and women in its workforce. The Contractor shall insert the substance of this clause in all subcontracts under this Contract whose dollar value exceeds $150,000. Within ten business days of a written request from the Contracting Officer, or such longer time as the Contracting Officer determines, and without any additional consideration required from the Agency, the Contractor shall provide documentation, satisfactory to the Agency, of the actions it (and as applicable, its subcontractors) has undertaken to demonstrate its good faith effort to comply with the aforementioned provisions. For purposes of this contract, “good faith effort” may include actions by the contractor intended to identify and, if present, remove barriers to minority and women employment or expansion of employment opportunities for minorities and women within its workforce. Efforts to remove such barriers may include, but are not limited to, recruiting minorities and women, providing job-related training, or other activity that could lead to those results.

The documentation requested by the Contracting Officer to demonstrate “good faith effort” may include, but is not limited to, one or more of the following:

1. The total number of Contractor’s employees, and the number of minority and women employees, by race, ethnicity, and gender (e.g., an EEO-1);

2. A list of subcontract awards under the Contract that includes: dollar amount, date of award, and subcontractor’s race, ethnicity, and/or gender ownership status;

3. Information similar to that required in item 1, above, with respect to each subcontractor;

and/or

4. The Contractor’s plan to ensure that minorities and women have appropriate opportunities to enter and advance within its workforce, including outreach efforts.

Consistent with Section 342(c)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (P.L. 111-203) (Dodd-Frank Act), a failure to demonstrate to the Director of the Agency’s Office of Minority and Women Inclusion such good faith efforts to include minorities and women in the Contractor’s workforce (and as applicable, the workforce of its subcontractors), may result in termination of the Contract for default, referral to the Office of Federal Contract Compliance Programs, or other appropriate action.

For purposes of this clause, the terms “minority,” “minority-owned business” and “women-owned business” shall have the meanings set forth in Section 342(g) of the Dodd-Frank Act.

6.219 FHFA Contract Oversight Personnel (APR 2013)

Invoice Approver. The Invoice Approver is the person designated in writing by the Contracting Officer to represent FHFA for the purpose of monitoring technical performance and accepting goods or services. The Invoice Approver is not authorized to issue any instructions or directions that effect any substantive change in this contract, including, but not limited to, an increase or decrease in the price of this contract, or a change in the delivery date(s) or Period of Performance. Invoice Approvers are designated for smaller, less complex actions and do not require the issuance of a formal appointment letter by the Contracting Officer. However, for purposes of this contract, any reference to a COR has the same meaning as an Invoice Approver.

The Invoice Approver for this contract is Tara Brown.

6.223 Information Communication Technology (ICT) Accessibility (MAY 2019)

(a) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended, all

Information Communication Technology (ICT) developed, acquired, maintained, or used under this contract/order/BPA must comply with the Revised 508 Standards set forth in 36 CFR Part 1194, unless FHFA determines, in its sole discretion, that an exception to 508 compliance is applicable. Information about Section 508 is available at https://www.section508.gov/. The complete text of the Revised 508 Standards can be accessed at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule.

(b) The Section 508 accessibility standards applicable to this contract/order/BPA are identified in the Statement of Work/Specifications/Performance Work Statement. The Contractor is obligated to provide and maintain the level of 508 compliance established at the time of award (i.e., full compliance, or if accepted by FHFA, the level of compliance established in the Contractor’s Accessibility Conformance Report (ACR) at the time of award). If, after award, the Government determines that the ICT provided by the Contractor does not or no longer meets the required accessibility standards, the Contractor shall provide an updated ACR within 10 calendar days of receiving a notice of nonconformance from the Contracting Officer. Any remediation of the ICT to the level of conformance specified in this contract/order/BPA will be the responsibility of the Contractor and at its own expense.

(c) In the event of a modification(s) to this contract/order/BPA, which adds new or modifies existing ICT, the Contracting Officer may require that the Contractor submit a completed or updated ACR (found at https://www.itic.org/policy/accessibility/vpat) within 10 calendar days or as directed.

http://www.law.cornell.edu/uscode/29/794d.html https://www.section508.gov/ https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule https://www.itic.org/policy/accessibility/vpat