PBGC01-RP-16-0019.pdf

RFQ IFB RFP

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER PAGE OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODEFACILITY

CODE

CODE

TELEPHONE NO.

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

OFFER

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

BELOW IS CHECKED

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

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

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

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

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATE . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

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

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

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

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

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

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

17a CONTRACTOR/

OFFEROR.

CODE

8 (A)

SIZE STANDARD:

NAICS:

% FOR:SET ASIDE:UNRESTRICTED OR

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SMALL BUSINESS

10. THIS ACQUISITION IS

EDWOSB

SMALL BUSINESS PROGRAM

STANDARD FORM 1449 (REV. 2/2012) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

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

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

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

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

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 82 PBGC01-RP-16-0019

The items below are used for PBGC internal funding purposes only. The official Contract Line Item Number (CLIN) schedule follows in Section B. The contractor shall invoice in accordance with the official CLIN schedule and with clause PBGC 52.232-7000, Submission of Invoices.

0001 Base Period

Period of Performance: 03/31/2017 to 03/30/2018

1.00 EA

OPT

1001 Option Period 1

Period of Performance: 03/31/2018 to 03/30/2019

1.00 EA

2001 Option Period 2

Period of Performance: 03/31/2019 to 03/30/2020

3001 Option Period 3

Period of Performance: 03/31/2020 to 03/30/2021

4001 Option Period 4

Period of Performance: 03/31/2021 to 03/30/2022

5001 Option Period 5

Period of Performance: 03/31/2022 to 03/30/2023

6001 Option Period 6

Period of Performance: 03/31/2023 to 03/30/2024

7001 Option Period 7

Period of Performance: 03/31/2024 to 03/30/2025

8001 Option Period 8

Period of Performance: 03/31/2025 to 03/30/2026

9001 Option Period 9

Period of Performance: 03/31/2026 to 03/30/2027

Table of Contents

PAGE 4 OF 82 PBGC01-RP-16-0019

SECTION B SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 SERVICES AND PRICES

SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 STATEMENT OF WORK

SECTION D PACKAGING AND MARKING

D. 1 PBGC 52.247-7000 PACKAGING AND MARKING (JAN 2012)

SECTION E INSPECTION AND ACCEPTANCE

E. 1 PBGC 52.246-7000 INSPECTION AND ACCEPTANCE OF DELIVERABLES (JAN 2012)

SECTION F DELIVERIES OR PERFORMANCE

F. 1 DELIVERIES AND PERFORMANCE

SECTION G CONTRACT ADMINISTRATION DATA

G. 1 OBSERVANCE OF HOLIDAY

G. 2 PBGC 52.201-7000 CONTRACTING OFFICER'S REPRESENTATIVE (JAN 2012)

G. 3 PBGC 52.232-7000 SUBMISSION OF INVOICES (JAN 2012)

SECTION H SPECIAL CONTRACT REQUIREMENTS

H. 1 PBGC 52.204-7000 MANAGEMENT AND RETENTION OF PBGC RECORDS (SEP 2014)

H. 2 PBGC 52.209-7001 ORGANIZATIONAL CONFLICTS OF INTEREST (OCT 2004)

H. 3 PBGC 52.237-7000 KEY PERSONNEL (MAR 2012)

H. 4 PBGC 52.242-7000 POSTAWARD CONFERENCE (MAR 2016)

SECTION I CONTRACT CLAUSES

I. 1 52.202-1 DEFINITIONS (NOV 2013)

I. 2 52.203-3 GRATUITIES (APR 1984)

I. 3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

I. 4 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

I. 5 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

I. 6 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

I. 7 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

I. 8 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

I. 9 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

I. 10 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

I. 11 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

I. 12 52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FEB 1993)

I. 13 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (OCT 2015)

I. 14 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

I. 15 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

I. 16 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

I. 17 52.242-13 BANKRUPTCY (JUL 1995)

I. 18 52.242-15 STOP-WORK ORDER (AUG 1989)

I. 19 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (MAR 2016)

I. 20 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

I. 21 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

Table of Contents

PAGE 5 OF 82 PBGC01-RP-16-0019

I. 22 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

SECTION J LIST OF ATTACHMENTS

J. 1 ATTACHMENT 1 MANDATORY REQUIREMENTS

J. 2 ATTACHMENT 2 TECHNICAL APPROACH

J. 3 ATTACHMENT 3 CORPORATE EXPERIENCE

J. 4 ATTACHMENT 4 EAFE TABLES

J. 5 ATTACHMENT 5 PRICING SCHEDULE

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K. 1 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

K. 2 52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS-REPRESENTATION (NOV

2015)

K. 3 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

K. 4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (APR 2016)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L. 1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

L. 2 INSTRUCTIONS, CONDITIONS, & NOTICES TO OFFERORS

SECTION M EVALUATION FACTORS FOR AWARD

M. 1 EVALUATION FACTORS FOR AWARD

PAGE 6 OF 82 PBGC01-RP-16-0019

SECTION B

SUPPLIES OR SERVICES AND PRICES/COSTS

B. 1 SERVICES AND PRICES

B.1 DESCRIPTION OF SERVICES

The Contractor, at its site, shall provide the personnel, facilities, equipment, and other materials and services necessary to perform the effort described in Section C, Statement of Work, resulting from this Request for Proposals (RFP). PBGC is seeking to make multiple award(s). The contract type for the contract(s) awarded for this effort will be Fixed Rate/Variable Quantity.

B.2 GENERAL DESCRIPTION

PBGC is seeking to obtain qualified, experienced, and highly competent contractors to provide active investment management services for Active Europe, Australasia, Far East (EAFE) Investment Management Services that will, over a full market cycle, provide a total rate of return which exceeds the benchmark of the respective portfolio, consistent with appropriate levels of risk.

B.3 PRICING SCHEDULE

Offerors are required to submit pricing proposals for the base period and nine option periods for the product in the solicitation. The pricing *assumptions provided by PBGC in the solicitation may not be indicative of the work the Offerors can expect to receive on an annual basis under the resulting contract. Therefore, PBGC makes no guarantee as to the allocation to the product. Actual investment amounts will vary at the discretion of the PBGC. As a result, Offerors shall provide pricing break points for all asset levels. The Offeror’s proposed fixed rate and pricing break points shall be incorporated into the final contract upon award. Failure to provide pricing for the product will result in the Offeror’s proposal being deemed incomplete and the Offeror’s proposal will not be evaluated for award.

The investment management services are for an active EAFE portfolio with allocations ranging from $300,000,000.00 to $1,500,000,000.00. Allocations will vary based on the investment skill, experience level and ability of the managers to meet the needs of this contract. These allocations may change over time due to the investment results generated by the contractor(s) and the needs of PBGC.

*However, for evaluation purposes, PBGC will evaluate proposals based on a hypothetical allocation of $600,000,000. For evaluation purposes only, offerors are required to calculate a total annual fee for each period based on the $600,000,000 hypothetical allocation.

CLIN 0001 - Base Period

% bps on the first $

% bps on the next $

% bps on the next $

% bps on the balance

Total Annual Fee: $

CLIN 1001 - Option Period 1

% bps on the first $

% bps on the next $

% bps on the next $

% bps on the balance

Total Annual Fee: $

PAGE 7 OF 82 PBGC01-RP-16-0019

CLIN 2001 - Option Period 2

% bps on the first $

% bps on the next $

% bps on the next $

CLIN 3001 - Option Period 3

% bps on the next $

% bps on the next $

CLIN 4001 - Option Period 4

% bps on the next $

% bps on the next $

CLIN 5001 - Option Period 5

% bps on the next $

% bps on the next $

CLIN 6001 - Option Period 6

% bps on the next $

% bps on the next $

CLIN 7001 - Option Period 7

% bps on the next $

% bps on the next $

PAGE 8 OF 82 PBGC01-RP-16-0019

CLIN 8001 - Option Period 8

% bps on the next $

% bps on the next $

CLIN 9001 - Option Period 9

% bps on the next $

% bps on the next $

Total Fee (10 Years): $

*The above fees are annualized rates, shall be calculated and payable on a quarterly basis and are based on PBGC’s custodian bank’s market value pro-rated for any period less than a quarter. The quarterly fee will be based on an average of the month end values within the quarter.

**"Total Annual Fee" is based on a 12-month period.

***In the event the Government executes a contract extension in accordance with FAR 52.217-8, the Government will prorate the annual fee based on the actual period being extended.

PAGE 9 OF 82 PBGC01-RP-16-0019

SECTION C

DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C. 1 STATEMENT OF WORK

Active EAFE Investment Management Services

1. BACKGROUND

The Employee Retirement Income Security Act of 1974 (ERISA) established the Pension Benefit Guaranty Corporation (PBGC) as a federal corporation to encourage the growth of defined benefit pension plans, provide timely and uninterrupted payment of pension benefits, and keep pension insurance premiums at a minimum.

Defined benefit pension plans promise to pay a specified monthly benefit at retirement, commonly based on salary and years on the job.

PBGC, a wholly owned United States Government corporation, administers the insurance program and termination process for most private-sector defined benefit pension plans that are tax-qualified under the Internal Revenue Code. PBGC is headed by a Director who reports to a board of directors consisting of the Secretaries of Labor, Commerce, and Treasury, with the Secretary of Labor as Chairman. General tax revenues do not fund PBGC. PBGC collects insurance premiums from employers that sponsor insured pension plans, earns money from investments and receives the assets of the pension plans it terminates. PBGC manages all these assets under an investment policy approved by the Board of Directors. PBGC’s funds are separated into two funds: a Revolving Fund which holds the premiums received and a Trust Fund which holds the assets of terminated plans.

The PBGC Investment Program is structured as a manager-of-managers program. No assets are managed internally. The PBGC exclusively uses institutional investment management firms to invest its assets, subject to PBGC’s oversight and consistent with the PBGC’s Investment Policy Statement. PBGC selects investment managers subsequent to a rigorous procurement process and delegates investment discretion to them to manage the Corporation’s investment assets consistent with guidelines specified by contract. The PBGC continuously reviews and evaluates manager performance and conducts extensive due diligence to ensure satisfaction of performance standards and compliance with investment guidelines.

2. SCOPE

The Contractor shall be responsible for providing investment management and related services for an Active Europe, Australia, Far East (EAFE) investment portfolio. The investment management organizations that will be retained under contract by PBGC are responsible for providing investment management of an active portfolio that is 100% long only. The PBGC will benchmark the portfolio to the MSCI EAFE Index. The assets are part of PBGC’s Trust Fund.

3. OBJECTIVES

All assets shall be managed with full discretion in accordance with this contract, the policies of PBGC, and the strategy and objectives mutually agreed upon between the investment manager and PBGC. Investment guidelines will be agreed upon between PBGC and the Contractor.

The investment manager shall maintain close contact with PBGC’s Corporate Investments Department and shall serve as a resource of economic and investment information and research. The investment manager shall keep PBGC fully informed of the rationale for the investment manager’s investment decisions and changes in the portfolio under its management.

The investment manager shall have ERISA fiduciary responsibility for the assets under its management. PBGC shall delegate its proxy voting authority to the investment manager. The investment manager shall maintain records of its votes and report the results, at least annually, to PBGC.

The investment manager shall work closely with PBGC’s custodian bank to facilitate the efficient and timely recording of purchases, sales and other activity, reconcile securities and cash balances and provide information necessary to calculate performance results. The manager shall be responsible for best execution as well as fiduciary responsibility for equity and foreign exchange trades.

PAGE 10 OF 82 PBGC01-RP-16-0019

The investment manager shall also be responsible for timely notification to PBGC of significant changes in personnel, ownership, resources, or firm direction.

4. EDUCATIONAL CONFERENCES

Offeror shall provide up to six (6) slots in any educational conferences it may offer to clients as part of the normal contract cost. This would include the cost of related meals offered as part of the formal conference program. Non-training or non-educational activities offered at the conference including, but not limited to, golf, fishing, tours, entertainment, etc., shall not be included, as PBGC can neither pay for nor may individual employees accept these items. PBGC will pay its own travel, lodging, per diem, and other subsistence expenses (e.g., if meals are not offered to all attendees as part of the conference) for attendees at such conferences.

PBGC will advise Offeror of its acceptance or declination of such slots offered.

5. DISASTER RECOVERY

The Offeror is required to have and maintain a disaster recovery plan, which includes critical business operations, computer systems, and telecommunications. This plan shall be tested annually and updated as needed. The Offeror shall provide a copy, or a summary thereof, of the annual test results to the PBGC within 30 calendar days of the completion of the test. A copy, or a summary thereof, of the current and/or revised plan shall be provided to the COR within 30 calendar days of Disaster Recovery Plan revision.

PAGE 11 OF 82 PBGC01-RP-16-0019

6. DELIVERABLES

DELIVERABLE DUE DATE

Deliverable #1

a. Portfolio Comparison vs. the Benchmark Index – Results shall include, but not be limited to, returns for the month, latest three months, calendar year to date, PBGC’s fiscal year to date (the fiscal year runs from October 1 through September 30), and since inception. As the performance history expands, returns for one year, two year, three, five, and ten year should be provided, when applicable.

b. Holdings Report

c. Transactions Report

d. Investment philosophy

e. Portfolio-level Characteristics vs. Benchmark

f. Performance Attribution vs. Benchmark

g. Economic and Market Commentary

h. Derivatives Report – If the fund or separate account utilizes derivatives in the portfolio, provide a detailed report

Within 10 business days after month end

Deliverable #2

a. Contract Compliance Certification Report – detailing all non-compliance events throughout the quarter which violated the investment guidelines. If there are internal constraints that are not stipulated in the investment guidelines and were violated during the quarter, please provide those as well.

b. Soft Dollar Report – on a cumulative, calendar-year-to-date basis.

30 calendar days after quarter end

Deliverable #3

Evidence of fidelity bond and errors and omissions professional liability coverage

Within 60 calendar days of renewal

Deliverable #4

Revised Securities and Exchange Commission Form ADV Parts I and II if an ADV is filed.

Within 30 calendar days of revision

PAGE 12 OF 82 PBGC01-RP-16-0019

Deliverable #5

Proxy Voting Report March 1

Deliverable #6

Revised Proxy Voting Policies and Procedures Within 30 calendar days of revision

Deliverable #7

Revised Ethics Policy Within 30 calendar days of revision

Deliverable #8

A copy or summary of the annual disaster recovery test Within 30 calendar days of completion of the test

Deliverable #9

A copy or summary of the current and/or revised disaster recovery plan

Within 30 calendar days of Disaster Recovery Plan revision

The Contractor shall provide other reports, research and publications as required by PBGC from time to time.

The Contractor shall provide the above reports electronically as agreed upon award between the COR and the contractor.

7. OPERATING CONSTRAINTS

The Contractor shall evaluate potential investments using disciplined, thorough investment analysis and due diligence. The Contractor shall employ and adhere to the investment philosophy, styles and strategies for which it was retained, unless otherwise directed by PBGC. During the period of performance of the contract, and at no additional cost, PBGC shall receive and have access to any of the Contractor's internal or external investment, market and economic research training materials and support capabilities and services in the performance of PBGC's investment responsibilities. These materials and services do not include proprietary models, information unique to the Contractor's investment process or information the firm is prohibited from sharing. During the period of performance of the contract, PBGC, at its discretion, may utilize other investment advisory services offered by the Offeror that are customarily offered to the Contractor’s clients at no additional cost.

Additionally, the Contractor shall comply with the Office of Foreign Asset Control of the US Department of Treasury regulations.

The Contractor shall be responsible for immediate notification to the PBGC COR of significant changes in personnel, ownership, resources, or firm direction. The Contractor shall discharge its duties under this contract solely in the interest of the PBGC with the care, skill, prudence, and diligence under the circumstances then prevailing that a prudent man acting in like capacity and familiar with such matters would use in the conduct of an enterprise of like character and with like aims. Moreover, the Offeror shall utilize best practices of the investment industry, such practices include but are not limited to the standards issued by the Chartered Financial Analyst Institute.

PAGE 13 OF 82 PBGC01-RP-16-0019

SECTION D

PACKAGING AND MARKING

D. 1 PBGC 52.247-7000 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, and identification of the item.

PAGE 14 OF 82 PBGC01-RP-16-0019

SECTION E

INSPECTION AND ACCEPTANCE

E. 1 PBGC 52.246-7000 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.

PAGE 15 OF 82 PBGC01-RP-16-0019

SECTION F

DELIVERIES OR PERFORMANCE

F. 1 DELIVERIES AND PERFORMANCE

F.1 PLACE OF PERFORMANCE

The primary place of performance under this contract shall be at the Contractor's site.

F.2 PLACE OF DELIVERY

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

F.3 PERIOD OF PERFORMANCE

Base/Option Period Period of Performance Base Period: March 31, 2017 – March 30, 2018 Option Period One: March 31, 2018 – March 30, 2019 Option Period Two: March 31, 2019 – March 30, 2020 Option Period Three: March 31, 2020 – March 30, 2021 Option Period Four: March 31, 2021 – March 30, 2022 Option Period Five: March 31, 2022 – March 30, 2023 Option Period Six: March 31, 2023 – March 30, 2024 Option Period Seven: March 31, 2024 – March 30, 2025 Option Period Eight: March 31, 2025 – March 30, 2026 Option Period Nine: March 31, 2026 – March 30, 2027

PAGE 16 OF 82 PBGC01-RP-16-0019

SECTION G

CONTRACT ADMINISTRATION DATA

G. 1 OBSERVANCE OF HOLIDAY

The Contractor shall not be required to 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 not be required to be considered as holidays for Contractor personnel. Work may be performed by Contractor personnel on Government holidays without prior approval of the Contracting Officer's Representative. Contractor may not have access to the Contracting Officer’s Representative during Government holidays, which are: (1) New Year's Day, (2) Birthday of Martin Luther King Jr., (3) Washington’s Birthday, (4) Memorial Day, (5) Independence Day, (6) Labor Day, (7) Columbus Day, (8) Veterans Day, (9 Thanksgiving Day, (10) Christmas Day, (11) Any other day designated by Federal Statute,

(12) Any other day designated by Executive Order, and (13) Any other day designated by the President's Proclamation.

PAGE 17 OF 82 PBGC01-RP-16-0019

G. 2 PBGC 52.201-7000 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. 3 PBGC 52.232-7000 SUBMISSION OF INVOICES (JAN 2012)

The Contractor shall submit invoices for items and/or services rendered 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

The Contractor must include the following information and/or attached documentation for the invoice to be considered proper. Invoices, which do not contain all the required information, may be returned to the vendor unpaid for correction and resubmission.

- Name and address of Contractor

- Invoice date and invoice number

- Purchase/Delivery Order Number

- Shipping and payment terms

- Name and address for Contractor official to whom payment is to be sent (must be same as that in the order or in a proper notice of assignment)

- Name, title, phone number and mailing and email address of person to notify in the event of an improper invoice

- Taxpayer Identification Number (TIN)

- Description, quantity, unit of measure, unit price and extended price of supplies delivered or services performed

- Expenditures and hours of effort expended by individual during the reporting period (if applicable).

- If applicable, for each invoice covering travel expenses incurred, mileage records and copies of receipts from actual transportation costs and accommodations shall be included as supportive material for each invoice.

NOTE: PBGC authorization must be obtained prior to incurring any travel expenses for which the Contractor requests reimbursement.

(End of Clause)

PAGE 18 OF 82 PBGC01-RP-16-0019

SECTION H

SPECIAL CONTRACT REQUIREMENTS

H. 1 PBGC 52.204-7000 MANAGEMENT AND RETENTION OF PBGC RECORDS (SEP 2014)

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 and any subcontractor(s) are required to abide by this clause and all applicable Federal and PBGC records management directives, policies, and guidance.

H. 2 PBGC 52.209-7001 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 venturer, 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 therefor (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 their 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

PAGE 19 OF 82 PBGC01-RP-16-0019

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 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 and 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.

PAGE 20 OF 82 PBGC01-RP-16-0019

H. 3 PBGC 52.237-7000 KEY PERSONNEL (MAR 2012)

PBGC has identified the following personnel who will be held responsible for the duration of the contract. They are essential to the ongoing conduct of the project and will assure consistent management control and direction.

TITLE

Portfolio Manager(s) and Senior Analyst(s) is/are essential to the work being performed. These key personnel shall NOT be reassigned or diverted without the written consent of the Contracting Officer. Prior to removing any of the specified individuals from performance of this contract, the Contractor shall provide 30 calendar days advance notification to the Contracting Officer and shall submit justification (including resumes for proposed substitutions)in sufficient detail to permit evaluation of the impact on the Program.

H. 4 PBGC 52.242-7000 POSTAWARD CONFERENCE (MAR 2016)

(a) After contract award, the Contracting Officer (CO), supported by the Contracting Officer's Representative (COR), will conduct a postaward conference for appropriate contractor and Pension Benefit Guaranty Corporation (PBGC) personnel. The COR and other PBGC personnel, as appropriate, will remain available to the contractor on an ongoing basis for consultation and guidance, as needed, during the period of performance of the contract.

(b) During the postaward conference, the CO or COR will provide instructions regarding PBGC's procedures for on-boarding for contractor employees, including the mandatory information security training which must be completed before access to PBGC information or information systems will be permitted. The CO or COR will also address PBGC policies, procedures, and processes, and furnish information on locating electronic copies of any PBGC directives, policies, or procedures required by the contractor. The CO or COR will provide instructions regarding the separation of contractor personnel at the end of contract performance and will explain the responsibilities of the contractor employees in disposing of all PBGC information and materials associated with contract performance.

(c) The postaward conference will be held at 1200 K Street, NW, Washington, DC (PBGC Headquarters) and will be conducted within seven business days following contract award. The contractor will be informed of the date, time, and room number where the conference will be conducted.

PAGE 21 OF 82 PBGC01-RP-16-0019

SECTION I

CONTRACT CLAUSES

I. 1 52.202-1 DEFINITIONS (NOV 2013)

(Reference 52.202-1)

I. 2 52.203-3 GRATUITIES (APR 1984)

(Reference 52.203-3)

I. 3 52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL

TRANSACTIONS (SEP 2007)

(Reference 52.203-11)

I. 4 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (OCT 2010)

(Reference 52.203-12)

I. 5 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON POSTCONSUMER FIBER CONTENT PAPER (MAY 2011)

(Reference 52.204-4)

I. 6 52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

(Reference 52.204-7)

I. 7 52.204-13 SYSTEM FOR AWARD MANAGEMENT MAINTENANCE (JULY 2013)

(Reference 52.204-13)

I. 8 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2015)

(Reference 52.204-16)

I. 9 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

(Reference 52.204-19)

I. 10 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(Reference 52.212-4)

I. 11 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)

(Reference 52.222-25)

I. 12 52.222-46 EVALUATION OF COMPENSATION FOR PROFESSIONAL EMPLOYEES (FEB 1993)

(Reference 52.222-46)

I. 13 52.225-25 PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR

TRANSACTIONS RELATING TO IRAN--REPRESENTATION AND CERTIFICATIONS (OCT 2015)

(Reference 52.225-25)

I. 14 52.229-3 FEDERAL, STATE, AND LOCAL TAXES (FEB 2013)

PAGE 22 OF 82 PBGC01-RP-16-0019

(Reference 52.229-3)

I. 15 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS (JUNE 2013)

(Reference 52.232-39)

I. 16 52.232-40 PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS SUBCONTRACTORS (DEC 2013)

(Reference 52.232-40)

I. 17 52.242-13 BANKRUPTCY (JUL 1995)

(Reference 52.242-13)

I. 18 52.242-15 STOP-WORK ORDER (AUG 1989)

(Reference 52.242-15)

I. 19 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (MAR 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clause, which is 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 (Nov 2015).

(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:

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

XX (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

(3) 52.203-15, Whistleblower Protections Under the American Recovery L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (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).

XX (8) 52.209-6, Protecting the Government`s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

XX (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.

XX (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to

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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) of 52.219-6.

(iii) Alternate II (Nov 2011) of 52.219-6.

(15)

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

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

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

XX (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 2015) (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 2015) 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--Subcontracting 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. 657f).

XX (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, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women- Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

XX (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).

XX (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

XX (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

XX (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

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

XX (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212).

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

XX (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

(ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C.

chapter 7 and E.O. 13627).

XX (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 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 Contentfor EPA-Designated Items (May 2008) (42 U.S.C.6962(c) (3)(A)(ii)). (Notapplicable 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.)

PAGE 24 OF 82 PBGC01-RP-16-0019

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

(ii) Alternate I (Oct 2015) of 52.223-13.

(37) (i) 52.223-14, Acquisition of EPEAT(R) -Registered Television (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(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

XX (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.

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

(43) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XX (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 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)).

XX (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).

XX (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:

(1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495).

(2) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 U.S.C. chapter 67).

(3) 52.222-42, Statement of Equivalent Rates for Federal Hires(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(4) 52.222-43, Fair Labor Standards Act and Service Contract Labor --Price Adjustment (Multiple Year and Option Contracts)(MAY 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

(5)52.222-44, Fair Labor Standards Act and Service Contract

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Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(6)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).

(7) 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).

(8) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 2015).

(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (MAY 2014) (42 U.S.C. 1792).

(10) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other…