DOL-OPS-15-Q-00134.pdf

SEE ADDENDUMIS CHECKED

CODE 18a. PAYMENT WILL BE MADE BY

CODE

FACILITYCODE

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

OFFEROR

OPS

S-4307 200 Constitution Ave, NW Office of Procurement Services US Department of Labor

CODE 16. ADMINISTERED BYCODE

X

X

519130

SIZE STANDARD:

% FOR:SET ASIDE:UNRESTRICTED OROPS

RFPIFB

10. THIS ACQUISITION ISCODE

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

09/18/2015 1700 ES

09/02/2015

Sheila Thompson (No collect calls)

INFORMATION CALL:

FOR SOLICITATION 8. OFFER DUE DATE/LOCAL TIMEb. TELEPHONE NUMBER a. NAME

4. ORDER NUMBER3. AWARD/ 6. SOLICITATION

DOL-OPS-15-Q-00134

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

1 24 OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

Washington DC 20210-0001

TELEPHONE NO.

17a. CONTRACTOR/

Washington DC 20210 Office of Policy and Research Employee Benefits Administration U.S. Department of Labor

15. DELIVER TO

Washington DC 20210-0001 S-4307 200 Constitution Ave, NW Office of Procurement Services

9. ISSUED BY

7.

2. CONTRACT NO.

EFFECTIVE DATE

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW

ISSUE DATE

DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

11.

SEE SCHEDULE

12. DISCOUNT TERMS

THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13a.

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

8(A)

US Department of Labor

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

The contractor shall provide the U.S. Department of Labor, Employee Benefits Security Administration, Office of Policy and Research with Data Subscription services in accordance with the attached Statement of Work.

Period of Performance:

Base Year: 09/30/2015 - 09/29/2016 Option Year One: 09/30/2016 - 09/29/2017 Option Year Two: 09/30/2017 - 09/29/2018

(Use Reverse and/or Attach Additional Sheets as Necessary)

HEREIN, IS ACCEPTED AS TO ITEMS:

XX

DATED

RACHEL E. JOHNSON

. YOUR OFFER ON SOLICITATION (BLOCK 5),

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

OFFER

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

25. ACCOUNTING AND APPROPRIATION DATA

29. AWARD OF CONTRACT:

REF.

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32c. DATE 32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

40. PAID BY39. S/R VOUCHER NUMBER38. S/R ACCOUNT NUMBER

37. CHECK NUMBER

FINALPARTIAL

36. PAYMENT

FINALPARTIAL

35. AMOUNT VERIFIED

CORRECT FOR

34. VOUCHER NUMBER33. SHIP NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42d. TOTAL CONTAINERS42c. DATE REC'D (YY/MM/DD)

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41c. DATE41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21.

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

Period of Performance: 09/30/2015 to 09/29/2018

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

24 2 of

Solicitation No. DOL-OPS-15-Q-00134

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SECTION B – SUPPLIES OR SERVICES AND PRICES/COSTS

The Contractor shall provide one (1) year plus two (2) option years of data subscription services.

PRICE/COST SCHEDULE

Data Subscriptions

Category 1 - Financial Data Base Year Option Year 1 Option Year 2

Category 2 - Financial Markets Base Year Option Year 1 Option Year 2

Category 3 - Form 5500 Retirement Plans Base Year Option Year 1 Option Year 2

Category 4 - Form 5500 Welfare Plans Base Year Option Year 1 Option Year 2

Category 5 - Bankruptcy Filings Base Year Option Year 1 Option Year 2

All Subscriptions Optioned Base Year Option Year 1 Option Year 2

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Quantum Regional Tape Library Support Maintenance and Support-FY’15

SECTION C – DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

Statement of Work: Data Subscription

A. Background The Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) administers and enforces the reporting, disclosure, and fiduciary requirements of Title I of the Employee Retirement Income Security Act of 1974 (ERISA). EBSA’s oversight ensures the security of the private-sector, employer-sponsored retirement, health, and other workplace related benefits of American workers and their families. EBSA is committed to educating and assisting Americans covered by private retirement, health, and other welfare benefit plans; as well as plan sponsors and members of the employee benefits community.

EBSA balances proactive enforcement with compliance assistance and works diligently to provide quality assistance to plan participants and beneficiaries. EBSA’s policy is to provide the highest quality of service to its customers.

The Office of Policy and Research (OPR) carries out EBSA’s policy responsibilities and activities on behalf of the Assistant Secretary and Deputy Assistant Secretary for Policy. OPR’s products include policy analysis, economic research, and monitoring employee benefits policy related developments and activities. OPR also supports the Secretary and the Assistant Secretary in connection with the Secretary’s duties as Chairman of the Board of the Pension Benefit Guaranty Corporation and Trustee for the Social Security and Medicare Trust Funds, and provides quantitative analytic support to EBSA’s enforcement and other programs and serves as EBSA’s ears and voice in relevant international forums.

OPR seeks access to data that will assist DOL in its analysis of the financial health of plan assets of employee benefit plans and support DOL in its regulatory and enforcement responsibilities. Funding permitting, EBSA is planning to make multiple awards, including potentially multiple awards under the same data categories, for data subscriptions that fulfill its research needs.

B. Purpose

In support of its mission, DOL closely monitors ERISA plans, financial markets and a broad range of investment and insurance vehicles. Data analysis allows DOL to develop regulations and policies to protect the interests of plans and beneficiaries. To accomplish these goals effectively and efficiently, DOL requires access to detailed data on retirement and health/welfare plans, service providers, as well as broad range of investment instruments and asset classes that DOL can easily access, download and analyze. DOL is seeking to fulfil this need through multiple subscription databases.

DOL is planning to match some of the acquired data to the Form 5500. In order to make this possible, the data sources need to include indicators that produce reliable and robust matches, e.g. EINS, names and addresses of firms and service providers, ticket symbols of investment vehicles, etc..

Qualified contractors must already have the necessary data elements for the subscription in place at the start of the period of performance. Subscriptions shall be fully functional and available throughout the entirety of the period of performance (except during agreed upon maintenance and update periods) and also for the entirety of any option year if exercised by DOL. Access to this subscription can be provided via direct database access or through a web application enabling DOL staff to independently query data. Award is conditional on verification of system compatibility.

DOL is specifically looking for subscription under the following data categories:

1) Financial Data/Information about Companies:

DOL requires financial information on active and inactive companies that trade on a U.S exchange, including data on revenue, expenses, assets, liabilities, ratios, growth rates and other financial aspects of the company. DOL requires a data source which includes both current and historical (at least 20 years) information of a substantial number of active and inactive companies regarding their financial health. Indicators shall include:

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Auditors Opinion Possible bankruptcy risk indicators (including Earnings Before Interest and Taxes/Total Assets Ratio; Net

Income/Total Assets Ratio; Total Liabilities/Total Assets Ratio; Total Debt/ Tangible Assets Ratio) Income Growth Rate for 1, 3, 5, and 10 years Operating Cash Flow Ratio Price to Book Ratio Quick Ratio

Finally, the data must be downloadable and include the company’s Employer Identification Number (EIN) or any other information that makes it possible to match the data directly to the Form 5500 data of a plan sponsor.

2) Financial Markets and Investment Information:

DOL requires comprehensive information about financial markets and instruments to assist in its enforcement responsibilities including evaluating the performance of employee benefit plan portfolios. The dataset shall include prices and values for:

Equities Mutual funds (including all pertinent fee information);

Bonds Hedge funds Collective trusts Separately managed accounts Alternative investments Pension portfolios.

DOL has a particular need for historical time series of bond prices, particularly during periods of light trading.

DOL requires an estimate for these bond prices for those days bonds were not traded based on other factors, including the prices of similar bonds.

3) Data on ERISA Covered Retirement Plans:

DOL requires comprehensive information regarding ERISA retirement plans including their holdings, obligations, service providers, and plan filings. The dataset shall include Form 5500 data enhanced by external data, e.g. supplemental information on investment vehicles, service providers and plan sponsors (including SEC filing and other financial information of employers sponsoring retirement plans) as well as additional information that can enhance DOL’s ability to monitor employee benefit plans. The following plan information must be included:

Assets Liability and funded status Participants, contributions and benefits payments Total vendor fees Investments by assets Assets by class Auditor reports

In addition, DOL requires comprehensive information regarding key information on the Form 5500’s Schedule of Assets.

The dataset shall include key information in machine readable format. At a minimum, the following key information must be included:

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Identity of issue, borrower, lessor, or similar party Description of investment including maturity date, rate of interest, collateral par, or maturity value Cost Current value

Lastly, the data subscription shall include the company’s EIN or any other information that makes it possible to match the data directly to the Form 5500 data of a plan sponsor, allowing DOL to generate reports based on plans, sponsors, assets, and service providers.

4) Data on ERISA Covered Welfare Plans:

DOL requires comprehensive information regarding ERISA covered welfare plan including their holdings, obligations, service providers, plan funding and plan filings. The dataset shall include Form 5500 data enhanced by external data, e.g.

supplemental information on plan funding, insurance contracts, investment vehicles, service providers, and plan sponsors (including SEC filing and other financial information of employers sponsoring the welfare plan), as well as additional information that can enhance DOL’s ability to monitor employee benefit plans. The following plan information must be included:

Commissions Premiums Fees and carrier bonuses Lines of coverage Renewals dates Service providers Stop/loss coverage Funding method

In addition, the data subscription shall include the company’s EIN or any other information that makes it possible to match the data directly to the Form 5500 data of a plan sponsor, allowing DOL to generate reports based on plans, sponsors, assets, and service providers.

5) Data on Bankruptcy Issues:

DOL requires comprehensive information regarding bankruptcy data on various plans, firms, and individuals. The dataset shall include information on financially distressed firms and indicators to identify these firms. The following information should be included:

Plan, firm, or individual identifiers Distress indicators and statements Geographic locations Chapter 7 or 11 filings Key event updates on all active bankruptcy cases Docket information from federal appellate, district, and bankruptcy courts Alerts to subscribed users for key up-to-date changes or events that may take place in active bankruptcy cases

In addition, the data subscription shall be downloadable and include the company’s EIN, case number, key names, or any other information that makes it possible to match the data directly to the Form 5500 data of a plan sponsor, allowing DOL to generate reports based on plans, sponsors, and service providers.

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C. Tasks

DOL seeks subscription contracts for access to the data and information listed above in Section B. Awards may be issued across each category and multiple awards may be issued within categories. As the number of licenses/users may vary depending on the information included in each subscription, potential contract holders should submit separate price quotes for each category they are proposing and structure proposals in the following manner:

Base Year – Category 1

Cost per license/users Total Cost

First licenses/users Next 10 licenses/users Next 10 licenses/users

Next 50 licenses/users

Option Year 1 – Category 1

Total Cost

First 5 licenses/users Next 10 licenses/users Next 10 licenses/users

Next 50 licenses/users

Option Year 2 – Category 1

Total Cost

First 5 licenses/users Next 10 licenses/users Next 10 licenses/users

Next 50 licenses/users

Each license will consist of a one-year base period with two one-year options periods to be exercised at the discretion of the Government. The Contractor shall provide a subscription containing the specified data elements and the necessary maintenance during the entirety of this contract. The subscription to this financial data shall be fully functional and available throughout the entirety of the contract (except during agreed upon maintenance and update periods). If the Contractor makes updates or additions to the underlying data upon which the subscription is based, then the Contractor shall also make the same updates and additions to the subscription.

D. Technical Assistance The contractor shall provide technical assistance during normal business hours. Further, the contractor shall designate a technical point of contact should DOL require technical support or clarification regarding the data elements.

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E. Rights in Data and Copyright

Throughout the period of this Agreement, the Government reserves exclusive and unlimited rights to the information provided to the Contractor, except for the information the Government makes available to the public. The Government also reserves exclusive rights to the results and findings produced by this project.

The Contractor agrees that the Government may use the Product to carry out the Government’s Business Purposes, as defined herein, subject to the restrictions contained herein. The Government's Business Purposes include: (a) sharing of the information provided by the Product ("Information") within and among Government's employees and agents with a need to know; (b) incorporating portions of Information either in unmodified ("raw") or summary ("aggregate") form, into works that the Government creates, including, but not limited to: research papers (such as papers prepared for publication in academic journals), speeches, testimony, reports, official publications, and internal documents (created works hereinafter collectively, " Work Product"): and (c) sharing descriptive documentation provided by the Contractor regarding the Services (such as user guides and data dictionaries) within DOL and with government agencies (e.g. the United States Department of Treasury, the Federal Deposit Insurance Corporation, Financial Stability Oversight Council) who have a need to know such Information. The Government's Work Product will not incorporate Information in a quantity or manner that would cause the Work Product to constitute a substitute for the purchase of the Product from the Contractor.

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SECTION D – PACKING & MARKING

The contractor shall include the Government contract number on all packing documents.

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SECTION E – INSPECTION AND ACCEPTANCE

N/A

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SECTION F – DELIVERIES OR PERFORMANCE

F.1 Delivery Location (if applicable)

Technical POC:

Invoice POC:

F.2 Period of Performance

One year from date of contract award, plus two one year option periods.

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SECTION G – CONTRACT ADMINISTRATION DATA

G.1 DOLAR 2952.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COTR) (MAY 2004)

(a) Elaine Zimmerman is hereby designated to act as contracting officer's representative (COR) under this contract.

(b) The COR is responsible, as applicable, for: receiving all deliverables; inspecting and accepting the supplies or services provided hereunder in accordance with the terms and conditions of this contract; providing direction to the contractor which clarifies the contract effort, fills in details or otherwise serves to accomplish the contractual scope of work; evaluating performance; and certifying all invoices/vouchers for acceptance of the supplies or services furnished for payment.

(c) The COR does not have the authority to alter the contractor's obligations under the contract, and/or modify any of the expressed terms, conditions, specifications, or cost of the agreement. If, as a result of technical discussions, it is desirable to alter/change contractual obligations or the scope of work, the contracting officer must issue such changes.

G.2 Invoicing Procedure

An original invoice shall be prepared and submitted to the Department of Labor (DOL) by email to:

DOL-NO-DM-EBSA@quickpay.dol.gov (Address is case sensitive.)

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS CLAUSE (FEBRUARY 2014)

(a) Definitions. As used in this clause-

(1) Contract financing payment has the meaning given in FAR 32.001.

(2) Invoice payment has the meaning given in FAR 32.001.

(3) Payment request means any request for contract financing payment or invoice payment submitted by the contractor under this contract.

(b) Electronic Payment Requests. Except as provided in paragraph (e) of this clause, the contractor shall submit payment requests in electronic form. Purchases paid with a Government-wide commercial purchase card are considered to be an electronic transaction for purposes of this clause, and therefore no additional electronic invoice submission is required.

(c) Data Transmission. A contractor must ensure that the data transmission method and format comply with the following provisions:

(1) The contractor shall:

a. Address the invoice to the appropriate e-mail address specified in the contract.

b. Submit the invoice via attachment in PDF or TIFF format.

c. Submit only one invoice per electronic submittal.

d. Enter specific information in the subject line of the e-mail in the following format:

<Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount> mailto:DOL-NO-DM-OASAM@quickpay.dol.gov https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838 https://www.acquisition.gov/far/current/html/Subpart%2032_1.html#wp1024838

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Example: ABC Co, OASAM, DOL00-00-X0000/X0000, Invoice Number AB-1298433, $15,000.00.

e. Submit a copy of the email with the attached invoice to the contracting officer’s representative (COR) at the COR email address specified in the contract.

f. Before sending another e-mail with the same invoice attachment, confirm whether DOL has already responded and/or whether you have received a success or failure response to your submission.

(2) The contractor MUST NOT:

a. Submit an invoice that exceeds the size limit of 16 megabytes (approximately 400-500 pages). However, if the invoice exceed this limit, a summary invoice attachment of less than 16 megabytes should be e-mailed to the payment e-mail address above; while the detailed invoice, including any supplemental information, shall be sent to the COR or other representative at the address.

b. Submit an invoice that is heavy in shading or color.

1. An e-mailed PDF image cannot have any text that has a background with any color other than white. If the image has a shaded background, it will be converted to black, and the text will be illegible.

2. An emailed TIFF image must be black and white.

c. Submit more than one attachment, as subsequent attachments will not be recognized.

d. Submit more than one invoice in a single attachment.

e. Attempt to use the “Recall or Resend” email message feature.

(d) General Information. Payment due dates will be calculated only from the date that invoices are received in the electronic invoicing e-mail box and determined to be proper invoices.

Inquiries regarding invoices should be e-mailed to XXXInvoiceInquiries@dol.gov. The relevant invoice must be attached to the inquiry e-mail and the subject line of the e-mail must state “INQUIRY,” followed by the information described in paragraph (1) d. above.

Example: INQUIRY: <Contractor Name>, DOL Agency, <Contract Number, BPA Call or Order Number>, Invoice Number, <Invoice Amount>

Do NOT use the electronic invoicing e-mail address for inquiries about the invoice.

(e) Invoice requirements. Invoices shall comply with FAR 32.905.

(f) Exceptions. Paper invoices should only be faxed or mailed through U.S. mail when electronic mail cannot be accomplished.

When invoices must be faxed due to e-mail size limitations, fax them to: 202-693-6840

When paper invoices must be mailed due to e-mail size limitations, mail them to the following address:

U.S. Department of Labor Office of Financial Management Operations mailto:InvoiceInquiries@dol.gov https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997 https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997 https://www.acquisition.gov/far/current/html/Subpart%2032_9.html#wp1032997

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To the attention: Charleetta Smithers 200 Constitution Ave., NW Room S-5526 Washington, DC 20210

H.3.1 FAR 32.905 Payment Documentation and Process.

(a) General. Payment will be based on receipt of a proper invoice and satisfactory contract performance.

(b) Content of invoices.

(1) A proper invoice must include the following items (except for interim payments on cost reimbursement contracts for services):

(i) Name and address of the contractor.

(ii) Invoice date and invoice number. (Contractors should date invoices as close as possible to the date of mailing or transmission.)

(iii) Contract number or other authorization for supplies delivered or services performed (including order number and contract line item number).

(iv) Description, quantity, unit of measure, unit price, and extended price of supplies delivered or services performed.

(v) Shipping and payment terms (e.g., shipment number and date of shipment, discount for prompt payment terms). Bill of lading number and weight of shipment will be shown for shipments on Government bills of lading.

(vi) Name and address of contractor official to whom payment is to be sent (must be the same as that in the contract or in a proper notice of assignment).

(vii) Name (where practicable), title, phone number, and mailing address of person to notify in the event of a defective invoice.

(viii) Taxpayer Identification Number (TIN). The contractor must include its TIN on the invoice only if required by agency procedures. (See 4.9 TIN requirements.)

(ix) Electronic funds transfer (EFT) banking information.

(A) The contractor must include EFT banking information on the invoice only if required by agency procedures.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the contractor must have submitted correct EFT banking information in accordance with the applicable solicitation provision (e.g., 52.232-38, Submission of Electronic Funds Transfer Information with Offer), contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer-System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer-Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by

EFT.

(x) Any other information or documentation required by the contract (e.g., evidence of shipment).

(2) An interim payment request under a cost-reimbursement contract for services constitutes a proper invoice for purposes of this subsection if it includes all of the information required by the contract.

(3) If the invoice does not comply with these requirements, the designated billing office must return it within 7 days after receipt (3 days on contracts for meat, meat food products, or fish; 5 days on contracts for https://acquisition.gov/far/current/html/52_232.html#wp1153462 https://acquisition.gov/far/current/html/52_232.html#wp1153351 https://acquisition.gov/far/current/html/52_232.html#wp1153375

Page | 14 perishable agricultural commodities, dairy products, edible fats or oils, and food products prepared from edible fats or oils), with the reasons why it is not a proper invoice. If such notice is not timely, then the designated billing office must adjust the due date for the purpose of determining an interest penalty, if any.

(c) Authorization to pay. All invoice payments, with the exception of interim payments on cost-reimbursement contracts for services, must be supported by a receiving report or other Government documentation authorizing payment (e.g., Government certified voucher). The agency receiving official should forward the receiving report or other Government documentation to the designated payment office by the 5th working day after Government acceptance or approval, unless other arrangements have been made.

This period of time does not extend the due dates prescribed in this section. Acceptance should be completed as expeditiously as possible. The receiving report or other Government documentation authorizing payment must, as a minimum, include the following:

(1) Contract number or other authorization for supplies delivered or services performed.

(2) Description of supplies delivered or services performed.

(3) Quantities of supplies received and accepted or services performed, if applicable.

(4) Date supplies delivered or services performed.

(5) Date that the designated Government official—

(i) Accepted the supplies or services; or

(ii) Approved the progress payment request, if the request is being made under the clause at 52.232-5, Payments Under Fixed-Price Construction Contracts, or the clause at 52.232-10, Payments Under Fixed-Price Architect-Engineer Contracts.

(6) Signature, printed name, title, mailing address, and telephone number of the designated Government official responsible for acceptance or approval functions.

(d) Billing office. The designated billing office must immediately annotate each invoice with the actual date it receives the invoice.

(e) Payment office. The designated payment office will annotate each invoice and receiving report with the actual date it receives the invoice.

N/A https://acquisition.gov/far/current/html/52_232.html#wp1152507 https://acquisition.gov/far/current/html/52_232.html#wp1152607

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SECTION H – SPECIAL CONTRACT REQUIREMENTS

H.1 Compliance with Nondiscrimination and Equal Opportunity Laws

The assurance at 29 CFR 37.20(a)(1) is incorporated by reference into this contract. The assurance provides that the contractor will comply fully with the nondiscrimination and equal opportunity provisions of the following statutes:

Section 188 of the Workforce Investment Act of 1998 (WIA), which prohibits discrimination against all individuals in the United States on the basis of race, color, religion, sex, national origin, age, disability, or political affiliation or belief, and against beneficiaries on the basis of either citizenship/status as a lawfully admitted immigrant authorized to work in the United States or participation in any WIA Title I-financially assisted program or activity;

Title VI of the Civil Rights Act of 1964, as amended, which prohibits discrimination on the bases of race, color and national origin;

Section 504 of the Rehabilitation Act of 1964, as amended, which prohibits discrimination against qualified individuals with disabilities;

The Age Discrimination Act of 1975, as amended, which prohibits discrimination on the basis of age; and Title IX of the Education Amendments of 1972, as amended, which prohibits discrimination on the basis of sex in educational programs.

The contractor also assures that it will comply with 29 CFR Part 37 and all other regulations implementing the statutes listed above. This assurance applies to the contractor’s operation of, or provision of services to, a Job Corps Center, program or activity, and to all subcontracts entered into by the contractor to carry out the Job Corps program or activity, or its operation of the Center. The contractor understands that the United States has the right to seek judicial enforcement of this assurance.

SECTION I – CONTRACT CLAUSES

52.212-1 Instructions to Offerors - Commercial Items. (APR 2014)

52.212-3 Offeror Representations and Certifications—Commercial Items (Mar 2015)

52.212-4 Contract Terms and Conditions - Commercial Items. (DEC 2014)

52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders - Commercial Items. (MAR 2015)

(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 items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

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(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(3) 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 items:

[X] (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

[ ] (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509)).

[ ] (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 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 (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

[ ] (5) [Reserved].

[ ] (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

[ ] (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

[X] (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

[ ] (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

[ ] (10) [Reserved].

[ ] (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C.

657a).

[ ] (ii) Alternate I (Nov 2011) of 52.219-3.

[ ] (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C.

657a).

[ ] (ii) Alternate I (Jan 2011) of 52.219-4.

[ ] (13) [Reserved]

[ ] (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).

[ ] (ii) Alternate I (Nov 2011).

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[ ] (iii) Alternate II (Nov 2011).

[ ] (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

[ ] (ii) Alternate I (Oct 1995) of 52.219-7.

[ ] (iii) Alternate II (Mar 2004) of 52.219-7.

[X] (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

[ ] (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

[ ] (ii) Alternate I (Oct 2001) of 52.219-9.

[ ] (iii) Alternate II (Oct 2001) of 52.219-9.

[ ] (iv) Alternate III (Oct 2014) of 52.219-9.

[ ] (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

[ ] (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

[ ] (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

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

[ ] (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

[X] (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C.

632(a)(2)).

[ ] (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

[ ] (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

[X] (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

[ ] (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O.

13126).

[X] (27) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

[X] (28) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

[X] (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

[X] (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

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[X] (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

[X] (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

[X] (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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] (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

[ ] (35)(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.)

[ ] (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-13.

[ ] (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-14.

[ ] (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C.

8259b).

[ ] (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

[ ] (ii) Alternate I (Jun 2014) of 52.223-16.

[X] (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

[ ] (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

[ ] (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

[ ] (ii) Alternate I (May 2014) of 52.225-3.

[ ] (iii) Alternate II (May 2014) of 52.225-3.

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[ ] (iv) Alternate III (May 2014) of 52.225-3.

[ ] (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

[X] (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

[ ] (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

[ ] (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

[ ] (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

[ ] (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

[ ] (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

[ ] (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

[ ] (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

[X] (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

[ ] (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

[ ] (ii) Alternate I (Apr 2003) 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 items:

[Contracting Officer check as appropriate.]

[ ] (1) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

[ ] (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

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[ ] (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (May 2014) (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).

[ ] (7) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O.13495).

[ ] (8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792).

[ ] (9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).

[ ] (10) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(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, 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 items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

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(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(v) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vi) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(vii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(viii) 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.

(ix) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(x)

[ ] (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (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).

(xi) 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).

(xii) 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).

(xiii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiv) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008;

10 U.S.C. 2302 Note).

(xv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

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(xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive Order 13658).

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.203-15 Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009. (JUN 2010)

52.204-7 System for Award Management (JUL 2013)

52.204-9 Personal Identity Verification of Contractor Personnel. (JAN 2011)

52.222-26 Equal Opportunity. (MAR 2007)

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving. (AUG 2011)

52.225-13 Restrictions on Certain Foreign Purchases. (JUN 2008)

52.227-14 Rights in Data-General. (MAY 2014)

52.227-19 Commercial Computer Software License. (DEC 2007)

52.233-3 Protest after Award. (AUG 1996)

52.233-4 Applicable Law for Breach of Contract Claim. (OCT 2004)

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SECTION J – LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS

N/A

SECTION K – REPRESENTATION, CERTIFICATIONS AND OTHER STATEMENT OF

OFFERORS OR RESPONDENTS

Prospective contractors shall be registered in the System for Award Management (SAM) database prior to award of a contract or agreement, except as mentioned in FAR 4.1102 - Policy.

As the SAM is a web-based interactive data search tool that is sponsored and conducted by the Federal government, such documentation as the offeror’s representations and certifications are subject to the Paperwork Reduction Act (Public Law 104-13) and will be searched and printed for contract award by the Government.

SECTION L – INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS OR

RESPONDENTS

The Government contemplates multiple awards of a Firm Fixed Price contract type resulting from this solicitation, request for quote (RFQ).

Offerors are to submit their quotes on Wednesday, September 16, 2015 by 5:00 p.m. Eastern to FedBid.com.

SECTION M – EVALUATION FACTOR FOR AWARD

The award will be made to the vendor(s) with the lowest priced, technically acceptable proposal.