Combined Synopsis-Solicitation (50310221Q0003).pdf

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The United States Securities and Exchange Commission (SEC), 100 F Street, NE, Washington, DC 20549, intends to award a Blanket Purchase Agreement (BPA) for order and renewal of serial subscriptions, including data subscriptions, print and electronic publications.

NOTE: All quoters must have active registration in the System for Award Management (www.sam.gov) by the submission deadline of this RFQ.

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Federal Acquisition Regulation (FAR) 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. It is the quoter's responsibility to monitor this site for the release of amendments (if any).

(ii) The Request for Quote (RFQ) number is 50310221Q0003 and shall be referenced on any quote submitted.

(iii) This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2020-09, effective October 26, 2020. Provisions and clauses incorporated by reference have the same force and effect as if they were given in full text.

(iv) The North American Industry Classification System (NAICS) code for this acquisition is 519130 and the small business size standard is 1,000 employees. This combined synopsis/solicitation is set aside 100% for Small Business.

(v) The U.S. Securities and Exchange Commission (SEC) intends to award a BPA in accordance with FAR Subpart 13.303 in conjunction with FAR Part 12, Acquisition of Commercial Items.

(vi) Description of requirements: The SEC has an ongoing requirement to order, renew, claim and provide various administrative support for the SEC’s serial subscription collection, including data subscriptions, print and electronic publications.

(vii) Period of performance: The SEC intends to award a BPA with a five (5) year ordering period. The SEC may issue Calls for orders within the 5 year ordering period of the BPA.

Place of Delivery: U.S. Securities and Exchange Commission, 100 F Street, NE, Washington DC, 20549. Additionally, Calls may be awarded for any of the SEC’s eleven Regional Offices located throughout the United States.

(viii) The provisions at FAR 52.212-1, Instructions to Quoters – Commercial Items (June 2020), applies to this acquisition. The following addenda to FAR provision 52.212-1, Instructions to Quoters –Commercial (June 2020) applies to this acquisition:

http://farsite.hill.af.mil/reghtml/regs/far2afmcfars/fardfars/far/12.htm#P292_49018

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Quotation Requirements: A written technical quote and a separate written price quote are required for this solicitation. Your quote must be based on the terms of this RFQ. Any exceptions, deviations or conditional assumptions to the requirements of the solicitation must be clearly stated and explained within the first two pages of both the technical and price quote.

Exceptions, Deviations, and conditional assumptions may render your company’s offer non-compliant and ineligible for award.

Quotation Submission and Due Dates: Quoters shall submit quotes electronically to garrettj@sec.gov no later than 3:00 PM ET, November 20, 2020. All questions shall be submitted to garrettj@sec.gov no later than 3:00 PM ET, November 10, 2020. Oral questions (telephone) will not be addressed.

1. Technical Quote (limited to 5 pages): Quoters shall provide a technical quote that describes their capability and technical approach for meeting all of the SEC’s requirements in the Statement of Work (Attachment # 1).

2. Price Quote (No Pages limitation): Quoters shall provide a price quote that consists of the following Sections:

A. Quoters shall provide a description of its pricing structure and shall clearly lists all applicable services charges and fees that are added to serial subscription list prices.

The quoter shall also clarify if it provides any discounts for serial subscriptions. The first page of the price quote shall provide the quoter’s Legal Business name, Dun and Bradstreet Number (DUNS), and Tax Identification Number (TIN).

B. Quoters shall provide a firm fixed price for the subscription list in Attachment # 2.

The firm fixed price quote shall include a breakdown of the price for each subscription and any applicable fees and service charges. The SEC requests any price discounts available. The attachment provide complete instructions.

NOTE: The SEC intends to award a BPA Call for the Attachment 2 subscription list to the successful quoter for this procurement at time of base BPA award.

IMPORTANT NOTICE TO CONTRACTORS: All prospective awardees are required to have an active SAM registration at time of quote submission and are required to maintain an active registration during the life of the contract. SAM can be accessed at https://www.sam.gov.

(ix) The provision at FAR 52.212-2, Evaluation – Commercial Items (Oct 2014) applies to this acquisition.

(a) The Government will award a contract resulting from this solicitation to the responsible quoter whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers:

1. Technical Approach: The SEC will evaluate the quoter’s proposed technical approach for achieving the requirements in the Statement of Work.

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2. Price: The SEC will evaluate quoter’s proposed price structure for serial subscription and may also take into consideration quoter’s firm fixed price for subscription list in Section B of price quote. The SEC may compare pricing between quoters in evaluation.

Technical Approach and Price are of equal importance.

(b) Options. Not Applicable – options are not being requested for this solicitation because the BPA will have a five year ordering period.

(c) Notification of award will be emailed to the successful quoter.

The SEC intends to make a single award BPA to one vendor; however, the SEC reserves the right to make a multiple award BPA with multiple vendors if determined in the best interest of the SEC. Once the SEC makes determination of apparent successful quoter, the SEC reserves the right to communicate with only that quoter to address any remaining issues, if necessary, and finalize a BPA with that quoter. These issues may include technical and price. If the parties cannot successfully address any remaining issues, as determined pertinent at the sole discretion of the government, the government reserves the right to communicate with the next best-suited quoter based on the original analysis and address any remaining issues. Once the SEC has begun communications with the next best-suited quoter, no further communications with the previous quoter will be entertained until after the purchase order has been awarded. This process shall continue until an agreement is successfully reached and a BPA is awarded. The SEC intends to award a Call for the subscription list in Attachment # 2 to the successful vendor at time of BPA award.

The SEC reserves the right to not make award resulting from this solicitation and the SEC will not pay any contractor quote/bid costs for this solicitation.

(x) The quoter shall include a completed copy of the provision at 52.212-3, Quoter Representations and Certification –Commercial Items (AUG 2020), with its offer (does not count against page limitation). Quoters shall complete only paragraphs (b) of this provision if the quoter has completed the annual representations and certifications electronically via http://www.acquisition.gov . If a quoter has not completed the annual representations and certifications electronically at the System for Award Management (SAM) website, the quoter shall complete only paragraphs (c) through (o) of this provision.

(xi) FAR clause 52.212-4, Contract Terms and Conditions –Commercial Items (Oct 2018), applies to this acquisition.

(xii) FAR clause 52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders –Commercial Items (AUG 2020) applies to this acquisition. In Paragraph (b), the following clauses apply:

• 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I

(Oct 1995)

• 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jun 2020) http://www.acquisition.gov/

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• 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Jun 2020)

• 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018)

• 52.219-6, Notice of Total Small Business Set-Aside (MAR 2020)

• 52.219-8, Utilization of Small Business Concerns (Oct 2018)

• 52.219-9, Small Business Subcontracting Plan (JUN 2020)

• 52.219-14, Limitations on Subcontracting (MAR 2020)

• 52.219-16, Liquidated Damages-Subcontracting Plan (JAN 1999)

• 52.219-28, Post Award Small Business Program Rerepresentation (Mar 2020)

• 52.222-3, Convict Labor (June 2003)

• 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2020)

• 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

• 52.222-26, Equal Opportunity (Sep 2016)

• 52.222-35, Equal Opportunity for Veterans (Jun 2020)

• 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)

• 52.222-37, Employment Reports on Veterans (Jun 2020)

• 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010)

• 52.222-50, Combating Trafficking in Persons (Jan 2019)

• 52.222-54, Employment Eligibility Verification (OCT 2015)

• 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Jun

2020)

• 52.224-3, Privacy Training (JAN 2017)

• 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008)

• 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Oct

2018) In paragraph (c), the following clauses apply:

• 52.242-5, Payments to Small Business Subcontractors (JAN 2017)

• 52.222-41, Service Contract Labor Standards (AUG 2018)

• 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 2014)

• 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (AUG 2018)

• 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)

• 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015)

• 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706)

(xiii)The following additional terms and conditions are applicable to this acquisition:

FAR Clauses Incorporated By Reference:

FAR 52.204-18 - Commercial and Government Entity Code Maintenance (AUG 2018) FAR 52.232-40 - Providing Accelerated Payments to Small Business Subcontractors (Dec 2013) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0) javascript:void(0)

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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 BPA. 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 BPA performance.

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):

https://www.acquisition.gov/?q=browsefar

Applicable SEC instructions:

2001.00 Shipping Instructions (June 2020)

Preservation, packaging, packing, and marking of all deliverables must conform to normal commercial packing standards to assure safe delivery at destination. All deliveries are F.O.B.

Destination. The contractor shall include the SEC contract/delivery order number on all packing slips that accompany items shipped to the SEC for items that require physical delivery.

5003.05 Submission of Invoices – DELPHI eInvoicing System (June 2020)

a. The Securities and Exchange Commission (SEC) will only accept electronic invoices submitted through the Delphi eInvoicing system. Invoices shall be submitted separately for each individual Call and shall be submitted once the order/renewal of subscriptions has been placed.

The Contractor must certify pre-payment to the publisher and/or data provider on all invoices.

Upon request, the contractor shall provide to the SEC proof of payment of any order invoiced.

b. Payment system registration. All persons accessing the Delphi eInvoicing web-portal will be required to have their own unique user Delphi eInvoicing ID and password and be credentialed through login.gov.

(1) Electronic authentication. See www.login.gov for instructions. Click on the following link for instructions on establishing a login.gov account:

https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/.

https://www.acquisition.gov/?q=browsefar http://www.login.gov/ https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/ https://login.gov/help/creating-an-account/how-do-i-create-an-account-with-logingov/

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(2) To create a login.gov account, the user will need a valid email address and a working phone number. The user will create a password and then login.gov will reply with an email confirming the email address.

(3) In order to make changes to vendor users who will have access to the eInvoicing web-portal for invoice submission and payment tracking purposes, notify iSupplier@sec.gov and include the full name, valid email address, and current phone number of any new vendor users. Vendor users will be notified via e-mail when the account is created. The vendor user will be provided detailed instructions for logging into their Delphi eInvoicing account.

(4) Training on Delphi. To facilitate use of DELPHI, comprehensive user information is available at http://einvoice.esc.gov

(5) Account Management. Vendors are responsible to contact the Delphi Help Desk when their firm's points of contacts will no longer be submitting invoices so they can be removed from the system. Instructions for contacting the Delphi Help Desk can be found at http://einvoice.esc.gov

c. Contractors are cautioned against submitting an invoice prior to goods and services being received/accepted. Invoices submitted prematurely may be rejected. Software license maintenance and subscriptions may be invoiced at the beginning of the contract period of performance.

d. The SEC's Delphi eInvoicing system is managed by the Enterprise Services Center (ESC). In order to receive payment and in accordance with the Prompt Payment Act, all invoices submitted as attachments in the Delphi eInvoicing web-portal shall contain the following:

(1) Company logo or letterhead

(2) Company name and payment address

(3) Company Point of Contact (POC) for the invoice with phone and e-mail

(4) Invoice number and invoice date

(5) Billing period

(6) SEC Contract number

(7) Task/Delivery Order number (if applicable)

(8) SEC Contracting Officer's Representative (COR name)

(9) Amount billed (by CLIN), current and cumulative

(10) Total amount billed this period

(11) Cumulative total billed to date

(12) Brief Description of Services Performed - General description only

e. If the contract includes allowances for travel, all invoices which include charges pertaining to travel expenses will catalog a breakdown of reimbursable expenses with the appropriate receipts to substantiate the travel expenses.

mailto:iSupplier@sec.gov http://einvoice.esc.gov/ http://einvoice.esc.gov/

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5004.00 Appointment of Contracting Officer’s Representative (COR) (June 2020)

a. TBD, is hereby designated the Securities and Exchange Commission COR for administration and information relating to this contract. TBD is hereby designated as the Alternate COR for this contract. The COR may not re-delegate his or her authority; only the CO has this authority.

b. The COR will manage the contract in coordination with the CO and within the terms of the contract. The COR’s responsibilities include reviewing invoices and charges by the Contractor, informing the CO of areas where exceptions are taken, and accepting or rejecting invoices in the SEC’s financial system. The COR shall be the primary point of contact responsible for communicating administrative guidance for on-boarding and off-boarding of Contractor Personnel, mandatory trainings, government closures, and other events as necessary. Unless otherwise specified in this contract, inspection and acceptance of supplies and/or services to be furnished under this contract will be performed by the COR.

c. Only the CO has the authority to change the terms and conditions of this contract. The COR may request a contract modification, but the CO will make the final determination. The COR may not agree to or issue a change to the contract terms and conditions. In the event the Contractor effects changes to the contract at the direction of any person other than the CO, the changes will be considered to have been made without any authority and no adjustments will be made to the contract.

6002.00 Type of Contract (June 2020)

This award is a Blanket Purchase Agreement (BPA).

6003.00 REPRESENTATIONS AND CERTIFICATIONS (23-MAR-09)

The Contractor's completed Representations, Certifications, and Other Statements of Quoters or Respondents is incorporated herein by reference.

6012.02 SEC 508 Requirements (June 2020)

a. Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all Information and Communication Technology (ICT) products and services developed, acquired, maintained, and/or used under this contract/order must comply with the Information and Communication Technology Accessibility Provisions set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the “Access Board”) in FAR 39.203(a). The complete text of Section 508 Final Provisions can be accessed at Section 508 Law.

b. All ICT products must comply with the following requirements. Descriptions of the requirements are viewable at the link Section 508 Standards.

https://www.govinfo.gov/content/pkg/USCODE-2011-title29/html/USCODE-2011-title29-chap16-subchapV-sec794d.htm https://www.access-board.gov/ https://www.access-board.gov/ https://www.acquisition.gov/content/39203-applicability https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/corrections-to-the-ict-final-rule https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines

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c. Quoters that fail to demonstrate compliance with the above requirements, may be eliminated from further consideration for award.

d. The quoter shall indicate for each line item in the schedule whether each product or service is compliant or non-compliant with the accessibility requirements at 36 CFR 1194 using a Voluntary Product Accessibility Template (VPAT 2.4). Further, the solicitation response must indicate where full details of compliance can be found (e.g., vendor’s website or other exact location).

e. Quoters to this solicitation must provide any additional detailed information necessary for determining applicable Section 508 standards conformance. If an quoter claims its products and/or services, including ICT deliverables such as electronic documents, web content or electronic reports, meet applicable Section 508 standards, and it is later determined by the Government – i.e., after award of a contract/order, that products and/or services delivered do not conform to the described accessibility, remediation of the products and/or services to the level of conformance specified in the contract will be the responsibility of the quoter at its expense.

6012.05 PERSONALLY IDENTIFIABLE INFORMATION (PII) IN CONTRACTS TO

DESIGN, DEVELOP, OPERATE, OR MAINTAIN A SYSTEM OF RECORDS (JUNE

2019)

A Contractor that designs, develops, operates or maintains a system of records on behalf of the agency to accomplish an agency function or otherwise maintains Personally Identifiable Information (PII) in the performance of this contract shall, prior to taking such action, comply with the following requirements:

a) The Contractor shall have established policies and procedures in place to safeguard PII. The policies and procedures shall provide the Contractor's processes for identifying, assessing and mitigating privacy risks associated with PII. The policies and procedures shall also cover training of employees on their roles and responsibilities for safeguarding PII and reporting suspected or confirmed compromise of PII.

b) The Contractor shall also ensure that all processes, procedures and equipment associated with PII comply with all laws, regulations, and security mandates as defined by National Institute of Standards and Technology (NIST) Special Publication (SP) 800-61 Revision 2 or the latest revision, and SEC policies developed to safeguard the confidentially, integrity and availability of SEC data that may contain PII. In support of these requirements, the Contractor shall have:

- policies, procedures, and mechanisms designed to restrict access to SEC data on Contractor, subcontractor, or SEC inter/intra agency partner systems exclusively to authorized personnel;

- policies, procedures, and mechanisms that prevent transmission or disclosure of SEC data to an unauthorized party;

https://www.itic.org/policy/accessibility/vpat

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- policies, procedures, and mechanisms that ensure SEC data on portable devices are encrypted using methods compliant with Federal Information Processing Standard 140-2; and

- policies, procedures, and mechanisms that ensure SEC data transmitted across public networks (i.e., the Internet) by the Contractor, or its employees, agents or subcontractors, are protected using secure communications, including the use of Transport Layer Security (TLS) protocol and the Advanced Encryption Standard (AES) 256 bit encryption algorithm.

c) The Contractor shall make its privacy policies and procedures that describe administrative, physical, and technical safeguards to protect PII available for review by the SEC Office of Information Security within 10 business days of request.

d) The Contractor shall ensure that those individuals adhere to the Contractor's policies and procedures relating to PII and to SEC-prescribed policies and procedures for the safe handling of SEC PII, including privacy and security training requirements and privacy incident management.

e) The Contractor's employees, agents, and subcontractors shall immediately alert the SEC of any event, including the suspected or confirmed loss of PII. Notification must be made to the SEC of a breach as soon as practicable, but no later than twenty-four (24) hours after the Contractor becomes aware of it by contacting the SEC Service Desk at (202)551-4357. The Contractor shall act in accordance with its policies and procedures in the event of any suspected loss of PII and shall support the SEC's investigation and resolution of reported incidents as requested by the SEC. For purposes of this Instruction, a "suspected loss of PII" shall be interpreted liberally to mean any situation in which the loss of PII or unapproved access to PII is deemed a reasonable possibility.

f) Return or Destruction of PII. At any time during the term of this contract at the SEC's written request or upon the termination or expiration of this contract for any reason, unless otherwise required by law to be retained, the Contractor shall, and shall instruct all authorized personnel to, promptly return to the SEC all copies, whether in written, electronic or other form or media, of PII in its possession or the possession of such authorized personnel, or securely dispose of all such copies, and certify in writing to the SEC that such PII has been returned to SEC or disposed of securely. The destruction of PII shall be performed according to NIST approved methods.

6014.00 Use of Contractor Data and/or Materials (Mar 2009)

The Contractor acknowledges and agrees to the following: The SEC anticipates using the data and/or materials to conduct analyses for use in reports, studies, memoranda, and presentations.

The SEC anticipates the following types of situation where analyses based on underlying data may be made public: by the SEC itself (E.g., SEC rulemaking and/or analysis done as part of an inspection or enforcement action), by SEC staff where the SEC is directing or facilitating the publication (e.g., a staff study in response to a Congressional request), by SEC staff facilitating their own private publication where the Commission has not taken a position regarding the publication of the analysis(e.g., a research report to be submitted by the individual staff to an academic conference or journal), and a former employee of the SEC who has substantially completed the analysis while on staff and is facilitating his/her own private publication( e.g., a

Page 10 of 12 50310221Q0003 research report to be submitted to an academic conference or journal). In all of these situations, only “insubstantial amounts” of the licensed data and/or material would be made public and no raw data would be made public, the authors would agree to abide by all contractual terms and conditions, and as the owner/licensor of the data the Contractor would receive attribution and be cited as the data source. “Insubstantial amounts” means an amount that has no independent commercial value and could not be used as a substitute for the service or product or any part of it.

6018.00 Contractor Performance Evaluation (June 2020)

a. In accordance with FAR 42.1502, the SEC will submit an electronic record of the Contractor’s performance to the Contractor Performance Assessment Reporting System (CPARS) for processing at least annually and at the time the work under a contract or order is completed.

b. The Contractor’s information for CPARS is pulled from the Contractor’s entry in SAM under the Past Performance Point of Contact for the company.

c. The Contractor’s designated representative will have the ability to review, comment, and state whether or not the Contractor agrees with the evaluation and return the evaluation to the Contracting Officer (CO) per FAR 42.1503. The SEC’s evaluation will be available to search in CPARS after 14 calendar days for Government use in evaluating the Contractor’s past performance as part of a source selection action.

d. If the Contractor desires a meeting to discuss the evaluation, it must be requested, in writing to the CO, no later than seven calendar days from the receipt of the evaluation.

e. It shall be the sole responsibility of the Contractor to inform the CO or COR in writing of any changes to the Contractor’s designated representative. Any such changes do not require a modification to the terms and conditions of the contract/order.

6020.00 Contractor Workforce Inclusion (18-Aug-15)

a. The Contractor confirms its commitment to equal opportunity in employment and contracting, and that it shall ensure, to the maximum extent possible and consistent with applicable law, the fair inclusion of minorities and women in its workforce.

b. The Contractor shall insert the substance of this contract standard in each subcontract for services awarded for performance of this contract with a dollar value of $100,000 or more.

c. Within ten (10) business days of a written request from the Director of the Commission's Office of Minority and Women Inclusion (OMWI Director) or designee, or such longer time as the OMWI Director or designee determines, and without any additional consideration, action or authorization required from the OMWI Director, the Contractor shall provide documentation, satisfactory to the OMWI Director, of the actions it has undertaken (and as applicable, the

Page 11 of 12 50310221Q0003 actions each covered subcontractor under the contract has undertaken) to demonstrate its good faith efforts to comply with the aforementioned provisions.

d. For purposes of this contract, "good faith efforts" shall include actions by the Contractor (and as applicable, actions by each covered subcontractor under the Service Contract) 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 to ensure that applicant pools include minorities and women, providing job-related training, or other activity that could lead to removing such barriers.

e. The documentation requested by the OMWI Director or designee to demonstrate good faith efforts 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 employees by race, ethnicity, gender, and job title or EEO-1 Report job category (e.g., EEO-1 Report(s));

2. A list of covered subcontract awards for services under the contract, and for each covered subcontract award, the dollar amount, date of award, and the subcontractor's race, ethnicity, and/or gender ownership status;

3. The contractor's plan for ensuring the fair inclusion of minorities and women in its workforce, including outreach efforts; and

4. For each covered subcontractor, the documentation specified in paragraphs a. and c. above.

f. Consistent with Section 342(c)(3) of the Dodd-Frank Wall Street Reform and Consumer Protection Act (the "Dodd-Frank Act"), 12 U.S.C. 5452(c)(3), a Contractor's failure to demonstrate to the OMWI Director that it has made good faith efforts to include minorities and women in its workforce (and as applicable, failure to demonstrate that its subcontractor(s) has made such good faith efforts) may result in termination of the contract for default after the contractor is provided written notice and an opportunity to cure the failure in accordance with the procedures set forth in FAR Subpart 49.402-3(d), other contractual remedies, referral to the Office of Federal Contract Compliance Programs (OFCCP), or other appropriate action.

g. Compliance with this standard does not necessarily satisfy the requirements of EO 11246, as amended, nor does it preclude OFCCP compliance evaluations and/or enforcement actions undertaken pursuant to that Executive Order, or demonstrate compliance with other FAR clauses that may be included in this contract.

The following additional FAR provisions are applicable to this acquisition:

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will

Page 12 of 12 50310221Q0003 make their full text available. The quoter is cautioned that the listed provisions may include blocks that must be completed by the quoter and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the quoter may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/?q=browsefar

FAR Provisions Incorporated By Reference:

FAR 52.204-7 - System for Award Management (Oct 2018) FAR 52.209-7 Information Regarding Responsibility Matters (Oct 2018) FAR 52.204-16 - Commercial and Government Entity Code Reporting (Jul 2016) FAR 52.209-2 - Prohibition On Contracting With Inverted Domestic Corporations-- Representation (Nov 2015) FAR 52.225-25 - Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certification (June 2020)

(xiv) Defense Priorities and Allocations System (DPAS) and assigned rating does not apply.

(xv) The date, time and place offers are due: Quoters shall submit quotes electronically to garrettj@sec.gov no later than 3:00PM ET, November 20, 2020.

(xvi) The name and email address of the individual to contact for information regarding the solicitation: Jeremy Garrett garrettj@sec.gov.

(xvii) Attachments:

1. Attachment 1 - Statement of Work

2. Attachment 2 - SEC Subscription List (Note: to be returned with pricing by quoters) https://www.acquisition.gov/?q=browsefar mailto:garrettj@sec.gov

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