RFP_PBGC01-RP-14-0017_May_27_2014.pdf

REQUEST FOR PROPOSAL (RFP)

Actuarial Support Services

PBGC01-RP-14-0017

1. RFP ISSUE DATE: May 27, 2014

2. ISSUED BY: Pension Benefit Guaranty Corporation (PBGC)

Procurement Department, 1200 K Street NW Suite 1090, Washington, DC 20005-4026.

3. FOR INFORMATION CONTACT:

NAME: Mark Miller, Contracting Officer PHONE: (202) 326-4160 Ext. 3089

FAX: (202) 326-4162

E-MAIL: miller.mark@pbgc.gov

4. QUESTIONS: Any questions regarding this RFP or the Statement of Work shall be submitted to Mr. Mark Miller no later than May 30, 2014 by 11:00 AM EST.

5. PROPOSAL DUE DATE/TIME: June 12, 2014 by 11:00 AM EST

6. SUBMISSION OF PROPOSAL: Submit One (1) electronic copy of your technical and price proposal no later than the specified time listed in paragraph 5 above, to the Contracting Officer, miller.mark@pbgc.gov. Quotations shall reference PBGC01-RP-14-0017. *See Section L

7. STATEMENT OF WORK, SEE SECTION C.

8. PROVISIONS AND CLAUSES: Provisions and clauses are included in Section I of this solicitation.

mailto:miller.mark@pbgc.gov mailto:miller.mark@pbgc.gov

SECTION B

SUPPLIES OR SERVICES AND PRICE COSTS

B.1. PBGC-11-001 DESCRIPTION OF SERVICES (OCT 2004)

The Contractor shall provide the personnel and services necessary to perform the effort described in Section C, the Statement of Work (SOW) resulting from this Request for Proposal No.

PBGC01-RP-14-0017. A Time and Materials contract will be awarded for this effort.

B.2 GENERAL DESCRIPTION

PBGC seeks to obtain a qualified, experienced, and highly competent contractor to support the Pension Benefit Guaranty Corporation (PBGC) Appeals Division (AD) within the Office of the General Counsel (OGC) in producing timely, quality appeal decisions in order to help meet agency customer service standards and departmental objectives and performance measures.

B.3. PERIOD OF PERFORMANCE

PBGC anticipates the period of performance to be a twelve (12) month base year plus four (4) twelve (12) month option years. The Contractor shall commence work immediately upon notice of award. *Note: The actual dates of the Period of Performance will be entered at the time of award.

B.4 PRICING SCHEDULE

The offeror shall provide Labor Hour for CLINs 0001 through 4002. The Contractor shall provide fully loaded labor rates to be used for billing under this contract. The contractor shall invoice monthly in arrears.

Base Year: Period of Performance: August 5, 2014 through August 4, 2015.

CLIN 0001 - Labor Category Labor Rate Estimated Hours

Total

Project Manager

Actuary I

Analyst I

Actuary II 200

Analyst II 200

Actuary III 430

Analyst III 430

Data Clerk 200

CILN 0002 - Other Direct Cost

(ODC)

Travel as required and approved by the Government.

NTE $4000

Total Price:

Option Year One: Period of Performance: August 5, 2015 through August 4, 2016.

CLIN 1001 - Labor Category Labor Rate Estimated Hours

Actuary III 430

Analyst III 430

Data Clerk 200

CILN 1002 - Other Direct Cost

(ODC)

Option Year Two: Period of Performance: August 5, 2016 through August 4, 2017.

CLIN 2001 - Labor Category Labor Rate Estimated

Actuary III 430

Analyst III 430

Data Clerk 200

CILN 2002 - Other Direct Cost

(ODC)

Option Year Three: Period of Performance: August 5, 2017 through August 4, 2018.

CLIN 3001 - Labor Category Labor Rate Estimated

Actuary III 430

Analyst III 430

Data Clerk 200

CILN 3002 - Other Direct Cost

(ODC)

Option Year Four: Period of Performance: August 5, 2018 through August 4, 2019.

Total Ceiling Price (CLINs 0001 – 4002)

CLIN 4001 - Labor Category Labor Rate Estimated

Actuary III 430

Analyst III 430

Data Clerk 200

CILN 4002 - Other Direct Cost

(ODC)

Note: All work performed as direct labor under this contract must be provided within the specific hours and at the hourly rate established for each labor category herein. The labor rates proposed will be fully burdened rates and include direct labor, all indirect costs, and profit.

B.5 PBGC-16-003 CEILING PRICE (FEB 2013)

It is anticipated that the total cost to the Government for performance of this contract shall not exceed the ceiling price set forth in Section B.4 for the Base Year Performance Period, and any Option Periods, and the contractor agrees to use its best efforts to perform the work specified in the schedule and all obligations under this contract within the ceiling price. If at any time the contractor has reason to believe that the hourly rate payments and material costs that will accrue in performing this contract in the succeeding 30 days, if added to all other payments and costs previously accrued, will exceed 85 percent of the ceiling price set forth in this clause, the contractor shall notify the Contracting Officer in writing, giving a revised estimate of the total price to the Government for performing this contract, with supporting reasons and documentation. If, at any time during the performance of this contract, the contractor has reason to believe the total price to the Government for performing this contract will be substantially greater or less than the stated ceiling price the contractor shall notify the Contracting Officer in writing, giving a revised estimate of the total price to the Government for performing this contract, with supporting reasons and documentation. If, at any time during the performance of this contract, the Government has reason to believe the work required in performing this contract will be substantially greater or less than the stated ceiling price, the Contracting Officer will so advise the contractor, giving them the revised estimate of the total amount of effort to be required under this contract. The ceiling price for each contract period is shown in the clause title Price/Cost. The Government shall not be obligated to pay the contractor any amount in excess of the ceiling price, and the contractor will not be obligated to continue performance, if to do so would exceed the ceiling price, unless and until the Contracting Officer notifies the contractor in writing that the ceiling price has been increased and of the new ceiling price of the contract.

Once the Contracting Officer increases the ceiling price, any otherwise allowable hours and material costs incurred by the contractor which were in excess of the previous ceiling price before the increase shall be allowable to the same extent as if the hours had been expended or costs incurred after the increase in the ceiling price.

B.6 PBGC-44-001 Other Direct Costs (MAY 2012)

The Contractor shall be reimbursed for the actual cost of other direct costs determined to be allowable in accordance with Part 31 of the Federal Acquisition Regulation and authorized by the Contracting Officer or his designee prior to the contractor incurring the charge. If Travel and Per Diem are authorized they will be reimbursed in accordance with the Federal Travel Regulation (FTR) in effect at the time the travel is authorized by PBGC. All travel requirements must be met using the most economical form of transportation available and must be scheduled sufficiently in advance to take advantage of offered discount rates unless waived by the Contracting Officer. You may find the FTR at:

http://www.gsa.gov/Portal/gsa/ep/channelView.do?pageTypeId=8199&channelPag=%2Fep%2F channel%2FgsaOverview.jsp&channelId=-14863 (End of Clause) http://www.gsa.gov/Portal/gsa/ep/channelView.do?pageTypeId=8199&channelPag=%2Fep%2Fchannel%2FgsaOverview.jsp&channelId=-14863 http://www.gsa.gov/Portal/gsa/ep/channelView.do?pageTypeId=8199&channelPag=%2Fep%2Fchannel%2FgsaOverview.jsp&channelId=-14863

SECTION C

STATEMENT OF WORK

C1. INTRODUCTION AND BACKGROUND

The Pension Benefit Guaranty Corporation (hereinafter referred to as the (PBGC) and/or (Corporation), located at 1200 K Street, N.W., Washington, D.C., was established on September 2, 1974 to develop and administer the pension plan termination insurance program for certain defined benefit pension plans as provided by Title IV of the Employee Retirement Income Security Act (ERISA). PBGC currently guarantees the benefits earned by approximately 42 million American workers and retirees in more than 24,000 private defined benefit pension plans.

The mission of the Corporation is to operate as a service-oriented, professionally managed agency that protects participant’s pension benefits and supports a healthy retirement plan system by:

1. encouraging the continuation and maintenance of private pension plans,

2. protecting pension benefits in ongoing plans,

3. providing timely payments of benefits in the case of terminated pension plans, and

4. making the maximum use of resources and maintaining premiums and operating costs at the lowest levels consistent with statutory responsibilities.

In support of providing timely and accurate benefit payments, PBGC’s Benefits Administration and Payment Department (BAPD) issues each participant in a terminated, PBGC-trusteed plan a written determination of the amount, form and commencement date of his or her benefit. Before BAPD can issue determinations, however, it must conduct an audit of plan participant data and assets, and then value each participant benefit after applying individual plan terms, and PBGC’s rules which may limit the actual plan benefit paid by PBGC. Each BAPD determination includes a 45-day right of appeal in the event a participant disagrees with the determination. Any subsequent appeal filed by a participant is handled by PBGC’s Appeals Division (AD).

AD includes an Appeals Board, which makes the final agency decision on BAPD determinations of benefit eligibility and amount, as provided for under the PBGC’s Rules for Administrative Review of Agency Decisions. See 29 Code of Federal Regulations (CFR) Part 4003. Appeal filings that present a specific reason why a determination is wrong are docketed, then analyzed and then finally reviewed either by one Appeals Board Member, or the Appeals Board acting collectively (i.e., three-member vote). The Board is comprised of PBGC officials appointed by the Executive Director or hired to an Appeals Board position vacancy. Docketed appeals are assigned to individual Board Members pursuant to internal policies. The Chair, a senior agency official also appointed by the Executive Director, generally designates which three Members who will constitute the Board with respect to a particular case to be decided in a 3-member decision. Decisions by an Appeals Board Member, or the Board collectively, take the form of a decision letter to the appellant, and constitute the final agency action on such matters and are, subject to review in a United States District Court. The Appeal Division’s task to provide clear and concise appeal decisions is formidable in light of the complicated ERISA statute, its many amendments, and PBGC-specific policies and rules that may or may not apply (or may apply differently) to participants in a trusteed plan.

In the last ten years, there has been an increase in the receipt by the agency of extremely large terminations (those with 25,000 or more participants). Unexpected large terminations can stretch AD resources, particularly with respect to the prompt analysis of all appeal filings.

C.2 PURPOSE

The purpose of this contract is to assist the AD in producing timely, quality appeal decisions in order to help meet agency customer service standards and departmental objectives and performance measures. These standards, objectives and measures require that appeals be processed in a timely manner (i.e., 85% completed in less than one year), with a customer-friendly focus, but at the same time, provide appellants with clear, concise explanations of complex actuarial, quasi-legal and benefits administration matters that are defensible in federal district court.

The appeals analysis work product typically takes the form of a draft decision letter for Appeals Board review, an explanation of an actuarial calculation, or an analysis of one or more aspects of the appeal. The appeals analysis work includes supporting back-up information obtained from PBGC electronic systems and files. In addition, AD requires a contractor to provide support services for similar appeals that can be processed together or in groups.

C.3 SCOPE OF WORK

The contractor shall accurately assign experienced, highly motivated technical professional staff to the appeals tasks for prompt resolution doing so in the most cost-effective manner while not sacrificing quality.

The work performed by the contractor often depends on the assignment from AD. The work necessary to explain an actuarial calculation may differ from the work necessary to analyze one or more aspects of the appeal. An even more thorough review would be necessary if the contractor is assigned to complete a proposed draft decision letter for review by the Appeals Board, which requires an analysis of the entire PBGC determination and all issues raised on appeal.

The Contractor shall, as appropriate, be required to:

(1) Produce a written summary of the issue(s) raised in an appeal.

(2) Conduct an initial review of the relevant portions of PBGC’s benefit determinations.

For appeals correspondence that is docketed as an appeal, the contractor will conduct an independent and impartial review of the relevant facts of the case that includes:

(a) identifying, researching and reviewing issues, and relevant documents, including plan documents, collective bargaining agreements, PBGC law and regulations, as well as agency policies, procedures and practices.

(b) reviewing all data in dispute and all other data relevant to the appeal, including any participant data submitted by the appellant or relevant data otherwise available to PBGC.

When data is in dispute, the contractor will compare data used in the benefit determination against all documents from internal and external sources to ensure the accuracy of the agency’s benefit determination. The contractor may be required to locate, or seek out additional data.

(c) assisting AD in grouping appeals that present similar or identical issues and/or data questions for efficient processing.

(d) determining and then employing mathematical techniques, such as statistical sampling, for the purpose of verifying benefit calculations.

(e) perform actuarial studies as needed to help process appeals.

The contractor must document and/or draft written summaries of (a) to (e).

(3) Draft appeal decisions of PBGC benefit determinations of benefit eligibility or amount.

All draft letters prepared by the contractor must be in accordance with the Contracting Officer’s Representative’s (COR) or AD assignors instructions on procedures and format, as well as be technically accurate, grammatically correct, and logical and relatively easy to understand, using plain language principles and practices. Decision letters must explain fully the factual and legal basis for the decision so that the decision is defensible in a court of law. In addition, the contractor will be asked to provide the COR or designated assignee with copies of supporting and back-up documents, arranged in a chronological or other specified order, on which the proposed decision letter is based. The contractor is expected to research prior Appeals Board decisions and/or one Appeals Board Member decisions for consistent treatment of the same or similar issues and/or factual situations.

The contractor will draft proposed decision letters for review by AD. The letters will address all issues relevant to the appeal, including any errors found in appellant’s benefit determination. All letters will be based on language provided by and/or approved by AD. The contractor will be granted access to copies (primarily electronic, some paper) of similar prior appeals decisions.

In general, such letters will include:

(a) The proposed decision on the appeal (e.g., the Appeals Board granted the appeal, denied the appeal, or dismissed the appeal because of lack of grounds, issue in dispute already resolved, or untimeliness of filing).

(b) The contents of the agency’s benefit determination letter (e.g., what PBGC advised the appellant with respect to benefit eligibility or benefit amount, survivor benefits, Qualified Domestic Relations Orders (QDROs) and/or other related matters. In the instances of benefit amount, such letters include the benefit amount, benefit form, commencement date of benefit and, if currently eligible for a benefit, any information on benefit underpayments or overpayments by the agency, if applicable).

(c) The contents of the appeal filing (e.g., a summarization of the issues or matters in dispute that were raised in the appeal filing).

(d) In instances of one Appeals Board Member decisions, certain paragraphs concerning the requirements under the appeals regulation to present grounds (i.e., reason(s) why the determination is wrong. (Not applicable to decision letters presented for Appeals Board review.)

(e) The information used to analyze the appeal (e.g., pertinent biographical data on the participant such as Date of Birth, Date of Hire, etc.; payment history; other pertinent information on the plan termination date, any plant or factory shutdown, or a former plan sponsor’s actions).

(f) A quotation or summary of the pertinent plan provisions used to analyze the appeal

(g) A quotation of pertinent provisions of ER1SA, the internal Revenue Code or applicable

PBGC, Department of Labor or Internal Revenue Service regulations. In addition, it may be necessary to provide a quotation or a summary of an applicable PBGC policy or procedure on a matter.

(h) A discussion of the issues raised in the appeal filing, and the Appeals Board’s decision on such issues. The three-Member Board’s or a one Appeals Board Member’s decision on any issues is based on the facts in the appeal, the pertinent plan provisions governing the issue in dispute and any applicable federal law and/or regulations on the issue. Decisions are not made on the basis of such factors as economic hardship, alleged discrimination, general fairness, etc.

(i) A summarization of the three-Member Appeals Board’s decision on the appeal or the one

Appeals Board Member’s decision, including relevant information for the appellant who wishes to seek court review of the decision.

(j) Enclosures, such as plan documents and spreadsheets to support factual claims.

The contractor may be asked to create a benefit statement or a more detailed benefit statement worksheet that details both the calculation of appellant’s benefit(s) under a Plan(s) and any relevant limitations on the agency’s payment of the benefit under the law and regulations.

(4) Provide the AD an explanation of an actuarial calculation used in the PBGC determination or provide an independent calculation of a benefit based on the contractor’s analysis of all relevant facts in the case. The explanation will include actual calculations and a narrative explanation.

The explanation of the actuarial calculation may also include a requirement to create a benefit statement or a more detailed benefit statement worksheet as discussed under (3) above.

(5) Provide the AD an explanation or analysis of one or more issues raised directly or indirectly in the appeal. Such explanation or analysis may include narrative summary of plan provisions, legal limitations, agency policies and procedures, plan actuarial and auditing assumptions, etc.

(6) Prepare Summaries of Relevant Plan Documents and Independently Review Benefit Valuations, Including Validation of Valuation Data, Benefit Calculations, Assumptions and Internal Revenue Service Forms 5500 (Schedule B)

To achieve economies of scale in processing a number of related or similarly situated appeals, the contractor may be asked to review plan documents, summary plan descriptions, Board of Director’s Minutes, collective bargaining agreements, sales agreements, PBGC audit reports, plan asset valuations, reports of Internal Revenue Service determinations, allocations of recoveries to due and unpaid employer contributions (DUECs) and/or unfunded benefit liabilities, the PBGC’s calculation of the applicable Small Plan Average Recovery Ratio (SPARR), and/or any other documents available to the agency that are relevant to the accuracy of the benefit determinations. The contractor may complete specially designed summaries of plan documents, and verify listings of plan documents against actual available plan documents.

(7) Perform Functions Relating To Intake Appeals Processing

The contractor may be asked to help AD respond to intake correspondence including but not limited to: appeals and extension request docketing and acknowledgment; preliminary and final research and analysis of such cases; and correspondence finalization and case closings. The contractor may perform other yet-to-be specified administrative-type services relevant to the work described elsewhere in this Contract, ranging from photocopying, scanning, creating, populating and/or editing K-Map files (See Section J) and/or to establishing electronic records in automated systems.

(8) Other Duties

The contractor will meet with AD staff to consult on certain mailers, to report on progress and to make deliverables. The contractor may make appearances at Appeals Board meetings or other special meetings. The contractor may complete other PBGC calculations; prepare support material for any appeals reviewed by the full Appeals Board; place documents in AD appeal files in a specified order: request information from appellants or third parties to draft correspondence relating to appeals: draft memorandums concerning the implementation of AD actions in other PBGC Departments; prepare special projects on agency procedural or policy issues; contact personally, via telephone, facsimile transmission or personal computer, other individuals regarding appeals issues; draft appeals correspondence; complete certain AD forms; and assist in other efforts supporting the appeals process, including actions relating to the processing of appeal documents in AD’s Intake Unit. In addition, there may be similar appeals-related, miscellaneous duties assigned by the COR to the contractor.

(9) Litigation Support

The contractor may be asked to present depositions and/or testimony relating to particular appeal. The contractor may also be called as an expert witness on certain actuarial matters, The contractor may also be asked to comment on PBGC-actuarial matters as they relate to pending PBGC-related lawsuits.

SECTION D

PACKAGING AND MARKING

D.1 PBGC-11-004 PACKAGING AND MARKING (JAN 2012)

The Contractor is responsible for the cost of all packing, packaging and mailing in accordance with the best commercial practices. All information submitted to the Contracting Officer or the COR must be clearly marked with the company name, the PBGC contract number of the item.

SECTION E

INSPECTION AND ACCEPTANCE

E1 PBGC-46-001 INSPECTION AND ACCEPTANCE OF DELIVERABLES (JAN 2012)

All deliverable items are to be furnished to the Contracting Officer's Representative (COR) or to PBGC personnel designated by the COR to receive a specific deliverable. PBGC's receipt of a deliverable does not constitute acceptance by the Government. Final acceptance of any reports or other deliverable items required under this contract will be made in writing and may only be made by the COR or Contracting Officer.

SECTION F

DELIVERIES OR PERFORMANCE

F.1 PBGC-11-006 Place of Performance (Oct 2006)

PBGC anticipates the primary place of performance will be at the Contractor’s Office, tele-conference calls and via e-mail.

F.2 Place of Delivery

All contract deliverables must be delivered to the Contracting Officers Representative (COR) as identified in Section G of the Contract.

F.3 Period of Performance

PBGC anticipates the period of performance to be a twelve (12) month base year plus (4) four option years. It shall be effective on the date of the cognizant Contracting Officer’s signature, unless otherwise so noted. The Contractor shall commence work immediately upon notice of award

Base/Option Year Period-of-Performance Base Year: August 5, 2014 – August 4, 2015 Option Period One: August 5, 2015 – August 4, 2016 Option Period Two: August 5, 2016 – August 4, 2017 Option Period Three: August 5, 2017 – August 4, 2018 Option Year Four: August 5, 2018 – August 4, 2019

F.4 Contract Type

The Government anticipates the award of a Time and Materials contract. The contractor shall invoice monthly in arrears for the actual work performed.

SECTION G

CONTRACT ADMINISTRATION

G.1 PBGC-32-001 SUBMISSION OF INVOICES (LABOR-HOUR) (JAN 2012)

A monthly invoice shall be submitted on SF1034 and SF1035 for work performed hereunder by e-mail to: InvoiceManager@pbgc.gov

All inquiries concerning payment should be directed to the General Accounting Branch at (202) 326-4062 #0 or by e-mail: InvoiceManager@pbgc.gov.

To constitute a proper invoice, the invoice must include all of the following information:

(a) Name of the contractor

(b) Contract Number

(c) Invoice number

(d) Invoice date

(e) Description of services performed or supplies delivered including:

1) labor hours by labor category, the hourly rate for each labor category billed, and the sum by labor category and,

2) the cumulative hours expended and dollars invoiced from the contract inception through the billing period.

(f) A copy of time record sheets indicating daily starting and finishing times of the personnel performing the services under this contract shall be submitted with the Contractor's invoice for said services. At PBGC's request, the contractor shall make available copies of any of the materials relevant to substantiating the hours invoiced by the contractor.

(g) Copies of receipts or bills and proof of payment for any authorized other direct costs for which the contractor is requesting reimbursement.

(h) Five percent of the total direct labor invoiced will be withheld after one million dollars has been obligated to the contract, up to a ceiling amount of $50,000, unless other terms have been negotiated. If other have been negotiated they are: To be Noted at Time of Award if Applicable.

Include a point of contact: name, title, phone number and mailing and email address in the event of an improper invoice.

(End of Clause)

G.2 PBGC-04-001 Final Payment (OCT 2004)

Before final payment is made, the Contractor shall furnish the Contracting Officer with a release of all claims against the Government relating to this contract, other than claims in stated amounts that are specifically accepted by the Contractor from the release. If the Contractor's claim to amounts payable under the contract has been assigned under Assignment of Claims Act of 1940, as amended (31 U.S. 3727, 41 U.S.C. 15), a release may also be required of the assignee.

G.3 PBGC-04-002 INVOICE SUMMARIES AND CONTRACT CLOSEOUT (JAN 2006)

The contractor shall prepare and submit an annual summary of all amounts billed under this contract for year of the period of performance. The summary will contain the following information: labor costs billed by contractual labor category (including rates and hours) by task order if this is a task order contract and other direct costs billed by cost element (e.g., travel, photocopying, subcontractors, temporary labor) and by task order if this is a task order contract.

In addition, the summary will include a complete listing of invoices submitted under the contract detailing the amount billed by invoice, invoice date and number, and the task order number (if applicable.) This information must be submitted to the Contracting Officer within 90 days after the completion of each government fiscal year. Submission of an adequate billing summary is one of the considerations for releasing funds withheld under the contract pursuant to FAR 52.232-7, Payments under Time-and-Material or Labor-Hour Contracts. Also, as part of the contract closeout process, contractors will be required to complete a "Contractor's Release of Claims," a "Contractor's Assignment of Refunds, Rebates, or Credits," and perform other closeout tasks required by the Contracting Officer. As the amounts billed by the contractor are subject to audit, the contractor shall maintain documentation supporting the amounts billed in accordance with FAR 4.7. Amounts previously paid to the contractor may be adjusted by the Contracting Officer for under or overpayment or adjusted based on the results of the interim or contract closeout audits.

G.4 PBGC01-04-007 MANAGEMENT AND RETENTION OF PBGC RECORDS (JUN

2013)

1. Records defined: Records include all books, papers, maps, photographs, machine readable materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions, procedures, operations, or other activities of the Government or because of the informational value of data in them. 44 U.S.C. Section 3301. The contractors retention and management of records relating to the negotiation, management, and administration of this contract shall be governed by FAR Subpart 4.7, notwithstanding the requirements of this clause.

2. The Contractor shall treat all records as the property of PBGC for which PBGC shall have unlimited rights to use, dispose of, or disclose such data contained therein, unless otherwise indicated in this contract, as the agency determines to be in the public interest.

3. The Contractor agrees to comply with Federal and PBGC records management policies, specifically PBGC Records Management Interim Guidance, available at:

http://www.pbgc.gov/documents/Final-RM-Interim-Guidance-2012.pdf. This guidance includes the preservation and management of all records created or received regardless of format, mode of transmission, or state of completion. PBGC may consider the Contractors adherence to proper records management practices during performance evaluations.

4. The Contractor may not dispose of, transfer, move, alter, or otherwise affect the condition and custody of records without the prior written consent of the Contracting Officer or the Contracting Officers Representative (COR). Willful and unlawful destruction, damage, or alienation of Federal records is subject to the fines and penalties imposed by 18 U.S.C. Section 2071.

5. Subcontractor Flow-down: The Contractor is required to obtain the Contracting Officers approval prior to engaging in any subcontractor relationship. The Contractor and subcontractor(s) are required to abide by this clause and all applicable Federal and PBGC records management directives, policies, and guidance.

G.5 PBGC-42-001 CONTRACTING OFFICER’S REPRESENTATIVE (JAN 2012)

The Contracting Officer's Representative (COR) is TBD who may be reached at TBD. The COR is authorized to assist in monitoring the work under this contract. The COR is responsible for the technical administration of the contract and technical liaison with the contractor. The COR IS NOT authorized to change the scope of work or specifications as stated in the contract, to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, delivery schedule, period of performance or other terms or conditions.

The Contracting Officer is the only individual who can legally commit or obligate the Government for the expenditure of public funds. The technical administration of this contract shall not be construed to authorize the revision of the terms and conditions of this contract. Any such revision shall be authorized in writing by the Contracting Officer.

The COR is authorized to review and recommend approval of:

(a) Technical matters not involving a change in scope, price, terms and conditions of the contract

(b) Progress reports

(c) Inspection and acceptance of services and deliverable products and

(d) Invoices.

The COR is not authorized to sign any contractual instruments or to direct any action that results in a change in the scope, price, terms or condition of the contract.

G.6 PBGC-42-002 OBSERVANCE OF LEGAL HOLIDAYS (JAN 2012)

The Contractor shall establish a holiday schedule for personnel performing under this contract that exactly coincides with the Government's schedule. Holidays peculiar to or dynamically declared by the Government shall be considered as holidays for Contractor personnel and are not billable unless work is actually performed on these days. No work will be performed by Contractor personnel on Government holidays without prior approval of the Contracting Officer's Representative. Work performed on holidays shall be billable at the regular rate.

Government holidays are: (1) New Year's Day, (2) Martin Luther King, Jr. Day, (3) President's Day, (4) Memorial Day, (5) 4th of July, (6) Labor Day, (7) Columbus Day, (8) Veteran's Day, (9

Thanksgiving Day, (10) Christmas Day (11) Any other day designated by Federal Statute, (12) Any other day designated by Executive Order, (13) Any other day designated by the President's Proclamation.

SECTION H

SPECIAL CONTRACT CLAUSES

H.1 PBGC-00-001 Professional Attire (OCT 2005)

The Pension Benefit Guaranty Corporation receives many visitors who conduct business with the Corporation. Consequently, the professional appearance of those who work in PBGC facilities is important to maintaining confidence in PBGC and the pension insurance system. The Contractor shall ensure that its personnel who perform work in PBGC facilities present a neat, professional appearance appropriate to an office working environment. Some examples of inappropriate office attire include jeans, sneakers, sweat pants, lycra stretch pants, collar-less shirts, bare midriff tops, and spaghetti-strap tops. The Contractor shall ensure that its personnel exercise sound judgment in their choice of attire.

H.2 PBGC-03-001 Confidentiality of Information (OCT 2004)

(a) To the extent that the work under this contract requires that the Contractor be given access to confidential or proprietary business, technical, or financial information belonging to the Government or private companies, the Contractor shall, after receipt thereof, treat such information as confidential and agree not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by the Contracting Officer in writing. The foregoing obligations, however, shall not apply to:

(1) Information which, at the time of receipt by the Contractor, is in the public domain;

(2) Information which is published after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor;

(3) Information which the Contractor can demonstrate was already in his possession at the time of receipt from PBGC and was not acquired directly or indirectly from the Government or other companies;

(4) Information which the Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence.

(b) The Contractor shall obtain the written agreement, in a form satisfactory to the Contracting Officer or his designee, of each employee permitted access to confidential information, whereby the employee agrees that he will not discuss, divulge or disclose any such information or data to any person or entity except on a need-to-know basis to those persons within the Contractor's organization directly concerned with the performance of the contract.

(c) The Contractor agrees, if requested by the Government, to sign an agreement identical, in all material respects, to the provisions of this clause, with each company supplying information to the Contractor under this contract, and to supply a copy of such agreement to the Contracting Officer. From time to time upon request of the Contracting Officer, the Contractor shall supply the Government with reports itemizing information received as confidential or proprietary and setting forth the company or companies from which the Contractor received such information.

(d) The Contractor agrees that upon request by PBGC it will execute a PBGC-approved agreement with any party whose proprietary data it is given access to or is furnished, restricting use and disclosure of the data. Upon request by PBGC, such an agreement shall also be signed by Contractor personnel.

(e) This clause shall flow down to all subcontracts.

H.3 PBGC-03-002 Organizational Conflicts Of Interest (OCT 2004)

(a) Purpose. The purpose of this clause is to ensure that the contractor

(1) Is not biased because of its financial, contractual, organizational, or other interests which relate to the work under this contract, and (2) does not obtain any unfair competitive advantage over other parties by virtue of its performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor and any of its partners, affiliates or their successors in interest (after this collectively referred to as the "contractor") in the activities covered by this clause as a prime contractor, subcontractor, cosponsor, joint venture, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(1) Use of Contractor's Work Product. (i) The contractor shall be ineligible to participate in any capacity in PBGC contracts, subcontracts, or proposals (solicited and unsolicited) which stem directly from the contractor's performance of work under this contract. Furthermore, unless so directed in writing by the Contracting Officer, the contractor shall not perform any advisory and assistance services work under this contract on any of its products or services or the products or services of another firm if the contractor is or has been substantially involved in its development or marketing. Nothing in this subparagraph shall preclude the contractor from competing for follow-on contracts for advisory and assistance services.

(ii) If, under this contract, the contractor prepares a complete or essentially complete statement of work or specifications to be used in competitive acquisitions, the contractor is ineligible to perform or participate in any capacity in any contractual effort which is based on such statement of work or specifications. The contractor shall not incorporate its products or services in such statement of work or specifications unless so directed in writing by the Contracting Officer, in which case the restriction in this subparagraph shall not apply.

(iii) Nothing in this clause precludes the contractor from offering or selling its standard commercial items to the Government.

(2) Access to and use of information.

(i) If the contractor, in the performance of this contract, obtains access to information, such as Corporate plans, policies, reports, studies, financial plans, internal data protected by the Privacy Act of 1974 (5 U.S.C. 552a), or data which has not been released or otherwise made available to the public, the contractor agrees that without prior written approval of the Contracting Officer it shall not:

(A) use such information for any private purpose unless the information has been released or otherwise made available to the public;

(B) compete for work for PBGC based on such information for a period of six months after either the completion of this contract or until such information is released or otherwise made available to the public, whichever is first;

(C) submit an unsolicited proposal to the Government which is based on such information until one year after such information is released or otherwise made available to the public; and

(D) release such information unless such information has previously been released or otherwise made available to the public by PBGC.

(ii) In addition, the contractor agrees that to the extent it receives or is given access to proprietary data, data protected by the Privacy Act of 1974 or other confidential or privileged technical, business, or financial information under this contract, it shall treat such information in accordance with all restrictions imposed on disclosure and use of such protected, confidential, or privileged information.

(c) Disclosure after award.

(1) The contractor agrees that if changes, including additions, to the facts disclosed by it prior to award of this contract, occur during the performance of this contract, it shall make an immediate and full disclosure of such changes in writing to the Contracting Officer. Such disclosure may include a description of any action which the contractor has taken or proposes to take to avoid, neutralize, or mitigate any resulting conflict of interest. PBGC may, however, terminate the contract for convenience if it deems such termination to be in the best interest of the Government.

(2) In the event that the contractor was aware of facts required to be disclosed or the existence of an actual or potential organizational conflict of interest and did not disclose such facts or such conflict of interest to the Contracting Officer, PBGC may terminate this contract for default.

(d) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any facts required to be disclosed concerning this contract, including the existence of an actual or potential organizational conflict of interest at the time of or after award, the Government may terminate the contract for default, disqualify the contractor from subsequent related contractual efforts, and pursue such other remedies as may be permitted by law or this contract.

(e) Waiver. Requests for waiver under this clause shall be directed in writing to the PBGC Office of General Counsel with a copy provided to the Contracting Officer, and shall include a full description of the requested waiver and the reasons in support of the request. If it is determined to be in the best interests of the Government, the Contracting Officer may grant such a waiver in writing.

(f) Subcontracts.

(1) The contractor shall include a clause, substantially similar to this clause, including this paragraph (f), in subcontracts expected to exceed the simplified acquisition threshold in FAR Part 13. The terms "contract," "contractor," and "Contracting Officer" shall be appropriately modified to preserve the Government's rights.

(2) Prior to the award under this contract of any such subcontracts for advisory and assistance services, the contractor shall obtain from the proposed subcontractor or consultant a disclosure of all existing or potential organizational conflicts of interest and shall determine in writing whether the interests disclosed present a significant potential for an organizational conflict of interest.

Where an actual or significant potential organizational conflict of interest is identified, the contractor shall take actions to avoid, neutralize, or mitigate the organizational conflict to the satisfaction of the contractor. If the conflict cannot be avoided or neutralized, the contractor must obtain the approval of the PBGC Contracting Officer prior to entering into the subcontract.

H.4 PBGC-03-003 Suitability Determination Requirements (JAN 2012) The Pension Benefit Guaranty Corporation will investigate and adjudicate the suitability of contractors for employment or continued employment. PBGC will employ and/or retain only those persons found suitable for employment. (1) The Contractor employees governed by this contract may need to access sensitive information. PBGC reserves the right to determine suitability for contractor personnel at the project site and deny access to any sensitive information or project specific area to any personnel for any cause. (2) The Contractor shall notify the Contracting Officer in writing providing the name and the nationality of non-U.S.

citizens who are legal residents, providing a copy of their VISA (work permit) or an alien who has been lawfully admitted for permanent residence as evidenced by Alien Registration Receipt Card Form I-151, or who presents other evidence from the U.S. Citizenship and Immigration Services that employment will not affect his/her immigration status. PBGC reserves the right to refuse any foreign national participation on this contract and to refuse them permission to enter PBGC premises. (3) The Contracting Officer or the Contracting Officer’s Representative (COR) will provide the appropriate background investigation forms to the contractor and give the contractor instructions for completing the background investigation process. These responsibilities may be delegated to the Contract Manager or the Contract Security Representative with the understanding that the COR holds ultimate responsibility. Completed background investigation forms shall be submitted within two (2) weeks from the Entrance on Duty date to: Pension Benefit Guaranty Corporation, PBGC Security Officer, Workplace Solutions Department, 1200 K Street, NW, Mail Stop: WSD, Washington, DC 20005-4026. (4) PBGC will exercise full and complete control over granting, denying, withholding, or terminating clearances for employees. The PBGC may, as it deems appropriate, authorize and grant temporary clearance to employees of the contractor. However, the granting of a temporary clearance to any such employee shall not be considered as assurance that full clearance will follow as a result or condition thereof and the granting of either a temporary or full clearance shall in no way prevent, preclude or bar the withdrawal or termination of any such clearance by the PBGC. (5) If the adjudication is unfavorable on a contract employee, or if PBGC finds a contractor to be unsuitable or unfit for his or her assigned duties, the Personnel Security Officer will contact the Contractor to effect the immediate removal of the contract employee from the PBGC contract and premises. (6) PBGC may waive suitability determinations for contractor personnel who have had recent background investigations at the appropriate suitability determination risk level established by either the COR or the Personnel Security Officer. PBGC will inform the contractors where such is the case. The Contractor will be provided a copy of the PBGC Directive PM 05- "Personnel Security and Suitability Program" and PBGC Directive PM 05-1, "PBGC Entrance on Duty and Separation Procedures for Federal and Contract Employees" and facilitate the Suitability Determination process. Failure to comply with PM 05-1 may result in: (a) corrective action, up to and including contract termination for continued non-compliance after counseling, or (b) documented non-compliance on the contractors past performance evaluation. (End of Clause)

H.5 PBGC-04-004 PBGC Information Security (FEB 2011)

The provider of information technology shall adhere to: 1)Federal statutes, 2)Office of Management and Budget (OMB) guidance, 3)National Institute of Standards and Technology Federal Information Processing Standards and PBGC implementation of Security Guidelines (800 Series), (See 5a -- IM 05-2 below.) 4)Federal Information Systems Controls and Audit Manual (FISCAM), and 5)PBGC Orders relating to information security including: a)IM 05-2 Information Technology Security Policies, http://www.pbgc.gov/docs/im_05_2.pdf b)IM 05-7 Information Technology Solutions Life Cycle Methodology (ITSLCM), http://www.pbgc.gov/docs/im_05_7.pdf and c)IM 05-4 Use of Information Technology Resources. http://www.pbgc.gov/docs/Im_05_4.pdf The provider of information technology shall comply with PBGCs implementation of the following control frameworks including the:

1)Capability Maturity Model - Integrated (CMMI), 2)Control Objectives for Information and Related Technologies (COBIT), and 3)Information Technology Infrastructure Library (ITIL);

and in addition, the provider of information technology shall certify the following:

a)Applications are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC). Once PBGC approves for implementation, this also includes Internet Explorer 7 configured to operate on Windows XP. For the Windows XP settings, see: http://csrc.nist.gov/itsec/guidance_WinXP.html. b)The standard installation, operation, maintenance, updates, and/or patching of software shall not alter the configuration settings from the approved FDCC configuration. The information technology should also use the Windows Installer Service for installation to the default program files directory and should be able to silently install and uninstall. Applications designed for normal end users shall run in the standard user context without elevated system administration privileges. (End of Clause)

H.6 PBGC-04-005 PROTECTION OF PERSONALLY IDENTIFIABLE

INFORMATION (PII) (FEB 2013)

(a) To the extent that the work under this contract requires the Contractor be given access to personally identifiable information about an individual gathered and/or maintained by the Government or the Contractor (hereinafter referred to as PII), the Contractor shall after receipt thereof, treat such PII as confidential and safeguard such information from unauthorized use and disclosure.

(b) The Contractor agrees to allow access only to those employees who need the PII to perform services under this contract and agrees that PII will be used solely for the purpose of performing services under this contract. The Contractor shall ensure that its employees will not discuss, divulge or disclose any such PII to any person or entity except those persons within the Contractors organization directly concerned with the performance of the contract.

(c) The Contractor shall administer a monitoring process to ensure compliance with the provisions of this clause, promptly report any breaches to the Contracting Officers Representative (COR), and implement immediate, appropriate corrective actions to contain and prevent recurrence.

(d) The Contractor…