Solicitation_RQ-15-0040_March_31_2015.pdf

REQUEST FOR PROPOSAL (RFP)

Requirements Development and Workplace Strategy Services Program of Requirements (POR)

PBGC01-RQ-15-0040

1. RFP ISSUE DATE: March 31, 2015

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

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

3. FOR INFORMATION CONTACT:

NAME: Mark Miller, Contracting Officer PHONE: (202) 326-4000 Ext. 3089

FAX: (202) 326-4162

E-MAIL: miller.mark@pbgc.gov

ALTERNATE:

NAME: Julian Boggan. Sr. Contract Specialist PHONE: (202) 326-4160 Ext. 3088

FAX: (202) 326-4162

E-MAIL: Boggan.Julian@pbgc.gov

4. QUESTIONS: Any questions regarding this RFP or the Statement of Work (SOW) shall be submitted to Mr. Mark Miller no later than April 1, 2015 no later than 3:00 PM EST.

5. PROPOSAL DUE DATE/TIME: April 8, 2015 no later than 9:00 AM EST *

6. SUBMISSION OF PROPOSAL: In accordance with FAR 12.603(c)(2)(i), this is a combined synopsis / solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. Contractors are encouraged to submit One (1) electronic copy of your technical and price proposal no later than the specified time listed in paragraph 5 above. Proposals shall reference PBGC01-RQ-15-0040.

*See Section L

7. STATEMENT OF WORK (SOW): SEE SECTION C.

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

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, Statement of Work (SOW) resulting from this Request for Proposal No. PBGC01- RQ-15-0040. A firm fixed price contract will be awarded for this effort.

B.2 GENERAL DESCRIPTION

The Contractor will assist Pension Benefit Guaranty Corporation (PBGC), Workplace Solutions Department (WSD) with sustainable workplace strategies and space requirements in preparation of its Washington D.C. Headquarters lease replacement in December 2018.

B.3. PRICING SCHEDULE

Offerors shall provide a Firm Fixed Price for CLIN 0001. The contractor shall invoice monthly in arrears. The contractor shall provide a firm fixed price for the CLIN 0001.

Base Year: April 13, 2015 – August 13, 2015

CLIN DESCRIPTION QUANTITY UNIT PRICE

(Per Month)

TOTAL PRICE

The Contractor shall provide the personnel and services necessary to perform the effort described in Section C, the Statement of Work

(SOW).

4 MO

Total $ __________________

SECTION C

STATEMENT OF WORK

C.1 BACKGROUND

PBGC was created by the Employee Retirement Income Security Act of 1974 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. Our strategic goals include 1) protecting the federal pension insurance system, 2) providing exceptional service to customers and stakeholders, and 3) exercising effective and efficient stewardship of resources.

Currently PBGC has three headquarter leases located at 1200 K Street, NW, 1275 K Street, NW and 1225 I, Street NW in Washington DC. Personnel at these locations total 1544 federal employees and contractors situated in seven (7) divisions. There are also six field office leases which are not the subject of this SOW. The headquarter leases are coterminous, expiring December 2018 and total 387,939 USF (471,247 RSF). 1200 K Street, NW is the main headquarters facility, totals 320,181 USF (389,334 RSF) and primarily houses federal employees. 1275 K Street, NW has 57,944 USF (69,991 RSF) and primarily houses federal contractors. 1225 I Street, NW has 9,814 USF (11,922 RSF) of swing space recently acquired by PBGC. Under the new HQ replacement lease, the plan is to consolidate these locations into one building.

In accordance with Executive Order 13514, PBGC desires to reduce its footprint and associated costs for space. The agency wants to achieve an all-in utilization rate of no more than 200 USF per person, assuming minor growth in personnel in FY19. This rate will reduce PBGC’s footprint in the range of 16-20%. The new lease has not been awarded so there is uncertainty whether PBGC will consolidate in a new facility or remain in its current location.

The Program of Requirements (POR) will determine how PBGC can effectively fulfill its mission in a reduced footprint, and outline a change management plan to make a smooth transition. This reduction goal is driven by the following Executive Mandates:

• Executive Order 13514, “Federal Leadership in Environmental, Energy and Economic Performance,” dated October 5, 2009, makes ambitious and broad improvements in the overall sustainability of the federal government. The order requires all federal agencies inventory their greenhouse gas emissions, set targets to reduce their emissions and develop a plan for meeting a wide range of sustainability goals.

• Presidential Memorandum, “Disposal of Unneeded Federal Real Estate”, dated June 10, 2010, directs federal agencies to accelerate efforts to identify and eliminate excess properties, as well as make better use of remaining real estate assets. The memorandum further indicates that federal agencies increase occupancy rates through the innovative approaches to space management and alternative work arrangements.

• OMB Management Procedures Memorandum NO. 2013-02 which outlines the implementation procedures for OMB Memorandum M-12-12 Section 3: Freeze the Footprint.

Part of the Office of Management & Budget (OMB) approval process looks at the efficiency of agency space requests by measuring the employee to space ratio, known as the Utilization Rate (U/R). In addition to creating more efficient space, the approval process has to consider the overall cost benefit of relocating the agency or staying at the existing location.

This task order will produce a preliminary strategic plan for PBGC to budget for design, construction, furniture, fixtures & equipment (FFE), swing space, etc. The deliverables will assist PBGC with its budget request and will need to coincide with the federal government’s fiscal calendar for timely appropriations.

C.2 TASKS

The contractor will be required to use commercial, innovative, and/or state-of-the-art practices and techniques that best meet the Government’s requirements. The contractor shall provide the necessary management, supervision, personnel, administrative support, materials, supplies, and equipment to provide the services in the Statement of Work (SOW). The contractor shall plan, schedule, coordinate and ensure the full, effective, efficient, and economical performance of all services ordered under this contract. The contractor will be required to determine how to complete the tasks listed below, not listed in a particular order.

The Requirements Development Program (RDP) tools and deliverables shall be used to create workplace strategies and space requirements. Engagements will include the use of one or more of the following: customer employee surveys, customer employee focus groups, inventory of current space arrangements, customer leader interviews, and customer leader visioning session, and working sessions to refine deliverables. Deliverables shall include a Workplace Recommendations Report and a Program of Requirements (POR). All deliverables will include new workplace guidelines that utilize the latest innovations in alternative work environments All recommendations must take into consideration sustainability and real estate reduction goals identified in Executive Mandates outlined the background section of this SOW.

C.3 Project Administration Background Information The contractor shall maintain all documents of record indicating information and decisions throughout the course of this task order. The contractor will be accountable for the following items below:

• Kick-off Meeting

• Key Personnel

• Schedule

• Project Directory

• Weekly Meetings

• Meeting Minutes

• Status Reports

• Invoices

Kick-off Meeting:

The contractor and key personnel are required to attend the project kick-off meeting in person.

The contractor is required to produce meeting Minutes for the kick-off and submit to the government within 5 businessdays. The Government will then have 5 business days to review the meeting minutes amd provide feedback on content and format.

Key Personnel:

Any changes to the key personel submitted previously are required to be approved by the Contracting Officer. The Contractor is required to submit a resume for new Key Personnel joining the team that meets or exceeds the requirements of the solicitation for that key personel position.

Schedule:

The contractor will be required to submit a schedule for meeting all the required tasks described below within 5 business days after receiving the award from the Contracting Officer. This schedule shall include key milestones, deliverable dates, presentations, and in accordance with the Period of Performance (POP) described within this scope. Any changes in the contract schedule based on schedule delivered by the Contractor is required to be approved by the Contracting Officer.

Project Directory:

The Contractor will be required to submit a Project Directory for the entire Government and Contractor project team. This shall include Project team member names, agency/company, role/responsibility, phone numbers, and emails. This shall be submitted 5 business days after award.

Weekly Meetings:

The Contractors key team members are required to attend or call-in to bi-weekly meetings (date and time to be determined after award) for this project.

Executive Presentations:

The Contractors are required to give Executive presentations throughout the course of this project. These shall be formal presentations of professional quality to the leadership of PBGC, 30 minutes or more in length (not including questions and answers). The contractor should expect to make these presentations at the conclusion of each task.

Meeting Minutes:

The Contractor will document all project meetings and other conferences (including telephone conferences with PBGC, other Contractors and Vendors. ) These documents/meeting minutes are due 5 buisness days after the meeting or call is held. The Government will then have 5 days to review the Meeting Minutes and provide feedback to be incorporated into the final meeting minutes. The Contractor must incorporate those comments within the final meeting minutes within 3 business days after receiving the comments.

Government Review Periods:

The Government will have 10 business days to review all deliverables and submissions and provide comments to the Contractor to incorporate into the next deliverable or submission.

Once the Government has reviewed and approved the deliverable, then the deliverable will be characterized as Accepted. If the government provides review comments that determine more information is needed in that deliverable, the Contractor is required to update the deliverable per the comments and submit it to the Government for Acceptance.

Status Reports:

The Contractor will present scheduled status reports. Status reports are to be presented in typed form. Reports shall be issued to the COR. These status reports will be required with every invoice.

Invoices:

Prior to completing the the first invoice, the Contractor shall submit the invoice format to the PBGC Contracting Officer’s Representative (COR) to review and ensure all appropriate categories are captured. Afterwards, the Contractor should submit pencil draft copies of all invoices to the COR for review and approval. After review and responses by the COR, the Contractor is required to electronically submit invoices to InvoiceManager.gov. Once this invoice is electroncically submitted, a receipt or proof of submission must be sent to the PBGC’s COR. Failure to do so may result in rejections or delay of Contractor invoices.

C.4 Task One – Information Gathering

Background information At the start of the project, the Contractor will be required to gather the following background materials.

Headcount Data - Headcount data from customers participating in the project will consist of the following:

1. Organization titles

2. Job function titles for each organization

3. Employer for each job function (federal, contractor, other)

4. Employment status for each job function (full-time, part-time, seasonal)

Organization Information – Organization charts or other information that adequately describes the structure of the participating customer organizations, as well as organizational groupings up to three (3) tier levels within the customer overall organization (e. g. Tier 1 = division; Tier 2 = branches within divisions; Tier 3 = teams within branches within divisions). This will be provided to the Contractor in Adobe Acrobat format and when available, native file formats such as MS Word and PowerPoint.

Space Management Standards – Customer Agency Space Allocation Standards, Customer Agency design guides, or other Customer Agency space management standards will be made available. Space management standards will typically consist of utilization rate requirements and minimum office or workstation sizes.

Floor Plans –PBGC will provide floor plans of its current HQ leased space. PBGC will also provide furniture plans.. All plans will be provided to the Contractor in AutoCAD format when available, otherwise in PDF or TIFF format.

C.5 Task Two - Space Situation Assessment Space Situation Assessment will document the existing organizational structure and all existing Real Estate occupied by PBGC. The assessment shall include such items as a current “snapshot” of PBGC’s organization chart (agency profile), Macro adjacency diagram (blocking, stacking at Dept. /Division level); representations of various workstation types and of existing support and special spaces; and quantitative & qualitative aspects of the existing space situation.

This assessment will be included in the Workplace Recommendations Report.

C.6 Task Three - Client Requirements Assessment Client Requirements Assessment will document the PBGC’s requirements based on a study of mission, goals, primary strategic objectives, security requirements, and benchmarking through management interviews. The Client Requirements Assessment will be used to articulate client's optimum efficient organization in terms of operation and housing. The Assessment and Program of Requirements (POR) will help determine the best housing solution for the client.

The Assessment will include such items as:

• Organizational structure of occupants

• Requirements for adjacencies of occupant organizations.

• Understand current and future work patterns of PBGC employees

• Understand mission-critical business processes and business goals

• Determine the workplace vision shared by PBGC leadership

• Security risks which impose special requirements on workpaces.

• New space usage standards for personal workspace and support spaces.

• Space reduction targets achieved through use of mobility, desk sharing, free address, alternative workspaces, etc.

• Determine amount of swing space PBGC requires during construction.

• Determine effective implementation of Mobility

• Re-validate sizing of Special and Support Spaces.

C.7 DELIVERABLES

An appropriate letter of transmittal will accompany all submissions from the Contractor to the Government.

The Contractor will provide three copies to PBGC at the review period of each submission and after incorporating all PBGC previous comments. These copies may be electronic.

The deliverables are as follows:

• Workplace Recommendation Report – See detail below

Workplace Recommendations Report The Workplace Recommendations Report (WRR) is a narrative analysis written by the Contractor that details:

• the performance and utilization of the customer’s current workplace

• future workplace recommendations that improve the overall work environment and support job function work patterns

• organizational relationships and interactions

Tasks 1 – 3 are to be included in this Report

Format of report will include:

Table of Contents

Executive Summary Introduction and Project Background Customer Objectives Project Strategy; Accomplish plan within existing building, deal with modular furniture issue.

Common Themes – identifies themes that are prevalent throughout the customer’s workplace, overall job function work patterns, levels and type of interaction among customer organizations, and general leader impressions of the current workplace and desires for the future workplace

Collected Research Data Perspectives about the Current Workplace Individual Work Patterns

Vision for the Future

Successful and Underperforming Workplace Features

Measures of Success (Balanced Scorecard)

Recommendations for the Future Workplace Organizational Adjacencies – Describes relationship between component organizations and recommended spatial adjacencies. Adjacencies are based on preferences identified by leaders, Contractors recommendations to improve underperforming features, and identified successful features. Workflow, communications, and public access shall also be considered.

Building Requirements - Base building and site recommendations or Customer Agency requirements.

• Future Workplace Standards – Details the recommended space types that should be used in the future workplace. Space types will be classified as:

Individual Workspaces – workstations and offices

• Standard Group Support Spaces – meeting rooms, common work areas, kitchenettes

• Special Group Support Spaces – spaces identified by the customer that have a unique configuration or requirements (e. g. , evidence room)

• Graphics - use graphics to present these suggestions to PBGC, including those groups within the Agency, which express concern about reducing footprint. Grahics could include conceptual floor plates, blocking diagrams, conceptual space types, etc.

SUBMISSIONS SCHEDULE.

Note: NTP date is April 13, 2015

May 8

June 8

July 7

July 24

Aug 7-final report due

Tasks Deliverables Schedule Milestone

Due Date (all days are in Business Days)

Task 1

Task 2

Task 3

Information Gathering

30% Draft

20 Days after NTP

Space Situation Assessment

50% Draft _____40________ Days after NTP

Client Requirements Assessment

75% Draft _____60_________ Days after NTP

Workplace Recommendation Draft/Final Report – All Tasks

90% Draft

100% Final

73 days from NTP for 90% _report____-draft, 90 days from NTP for 100%-final report

SECTION D

PACKAGING AND MARKING

D.1 PBGC-11-004 PACKAGING AND MARKING (OCT 2004)

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

E.1 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 Place of Delivery

All contract deliverables must be delivered to the Contracting Officers Representative (COR) as identified in Section G.3 of the Contract.

F.2 Place of Performance

The Contactor shall perform approximately 50% of the work at Pension Benefit Guaranty Corporation (PBGC) Headquarters and 50% at the Contractor’s location. The option to perform work at the Contractor’s location or offsite tele-work must be discussed and approved by the Contracting Officer’s Representative (COR) prior to the work being performed.

F.3 Period of Performance

PBGC anticipates the period of performance to be four (4) months. The Contractor shall commence work immediately upon notice of award. The anticipated period of performance dates are below:

April 13, 2015 – August 13, 2015

F.4 Contract Type

The Government intends to award a firm fixed price contract.

SECTION G

CONTRACT ADMINISTRATION

G.1 PBGC-32-004 Submission of Invoices (JAN 2012) (Firm fixed Price)

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)

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.

mailto:InvoiceManager@pbgc.gov mailto:InvoiceManager@pbgc.gov

G.3 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.4 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, Facilities and Services Department, 1200 K Street, NW, Mail Stop: FASD, 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 shall report to the COR immediately upon discovery of a real or suspected loss of PII. Protected PII is an individual’s first name or first initial and last name in combination with any one or more of the following data elements including, but not limited to, social security number, passport number, credit card numbers, clearances, bank numbers, biometrics, date and place of birth, mother’s maiden name, criminal, medical and financial records, educational transcripts, pension and participant plan, etc.

(e) The Contractor and employees shall adhere to PBGC Orders relating to the protection of sensitive and personally identifiable information including:

1. IM 10-2 Safeguarding Tax Return Information, http://www.pbgc.gov/docs/IM_10_2.pdf

2. IM 10-3 Protecting Sensitive Information, http://www.pbgc.gov/docs/IM_10_ 3.pdf 3. IM 05-9 Privacy Program, http://www.pbgc.gov/docs/IM_05_9.pdf (Note: If unable to access these orders, the Contracting Officer will provide copies upon request.)

(f)The Government may terminate this contract for default or cause if the Contractor or an employee of the Contractor fails to comply with the provisions of this clause. The Government may also exercise any other rights and remedies provided by law or this contract, including criminal and civil penalties. In addition, the Contracting Officer or COR may direct the Contractor to remove from performance of the contract, any Contractor or subcontractor personnel who have improperly disclosed PII.

(g) The Contractor shall include this clause in all subcontracts. However, such provision in the subcontracts shall not relieve Contractor of its obligation to assure compliance with the provisions of this clause. (End of Clause)

H.7 PBGC-09-001 Restriction Against Disclosure of Information (JAN 2012)

(a) The Contractor agrees that it will take such measures as are necessary to restrict access to pension plan and participant records as well as any other information related to work pursuant to this contract (including, but not limited to, any information relating to legal, http://www.pbgc.gov/docs/IM_10_2.pdf http://www.pbgc.gov/docs/IM_10_ policy, program, operational or other issues, whether concerning existing, proposed or contemplated legislation, regulations, policy issuances or similar matters or otherwise) to those employees and/or subcontractors of the Contractor needing such information to perform the work required there under, i.e., on a "need-to-know" basis. This Clause does not apply to information which has been released to the public by PBGC or which is available to the public other than by the Contractor's breach of this Agreement.

(b) The Contractor agrees to keep the restricted information in the strictest confidence. The

Contractor also agrees not to publish, reproduce or otherwise divulge the information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are necessary to restrict access to the information, to those employees and/or subcontractors needing such information to perform the work required under the contract, i.e., on a "need-to-know" basis. The obligation to maintain confidentiality continues after completion, termination, or expiration of this contract. The information shall be made available only at the discretion of the PBGC and subject to the Freedom of Information Act (5 U.S.C. Sec. 552), as amended, The Privacy Act, (5 U.S.C. Sec. 552a), as amended, The Trade Secrets Act, (18 U.S.C. Sec. 1905, as amended), and any other applicable laws or regulations. Further, the Contractor shall notify the PBGC of the transfer to subcontractors of any information prior to any such transfer. Upon completion of the Contractor's obligations, the Contractor shall return or destroy all copies of restricted information, whether furnished by PBGC or created by the Contractor and any subcontractor.

(c) The Contractor agrees to immediately notify the PBGC, in writing, in the event that the

Contractor determines or has reason to suspect a breach of any part of this clause.

(d) The Contractor agrees to immediately notify the PBGC in writing, of any request received from any individual who is not a party to this contract, for access to information related to this contract. Those requests will be directed to PBGC's Disclosure Officer for processing under the provision of the Freedom of Information Act. This paragraph does not apply to a request by an individual for access to information contained in records pertaining to that particular individual. However, if the individual wants copies of the actual records pertaining to him, he first must contact PBGC's Disclosure Officer.

(e) The Contractor agrees that it will not knowingly violate any statutory or regulatory restrictions against the disclosure of government records, including 5 U.S.C. Sec. 552a, as amended, 5 U.S.C. Sec. 552, as amended, 18 U.S.C. Sec. 1905, as amended, and implementing regulations. The Contractor also agrees that it will take steps to ensure that any subcontractor will also adhere to these restrictions.

(f) The Contractor is bound by Section (m) of the Privacy Act, 5 U.S.C. Sec. 552a(m) and as such is considered under the act to be an employee of the agency. Accordingly, the Contractor and any of its employees are subject to the criminal penalties of the Privacy Act, 5 U.S.C. Sec.552a(i).

(g) The Contractor will designate and identify an individual who shall be responsible for the notifications required under sections b, c and d of this agreement and who shall receive all appropriate responses from the Contracting Officer's Representative (COR) or from PBGC's Disclosure Officer. The Contractor shall take those steps necessary to ensure that the provisions of paragraphs a-g, inclusive, are adhered to by all directors, officers, agents and employees of the Contractor.

(h) The Contractor shall place the provisions contained at Paragraphs a-g, above, in all subcontracts entered into pursuant to the contract where the subcontractor will have or may gain access to PBGC information and, further, the Contractor agrees to enforce the provisions of this Clause against any and all subcontractors under this contract

H.8 PBGC-31-003 TRAINING (JAN 2012).

All costs associated with training required to make a contractor employee qualified to perform any given task under this contract shall be borne by the Contractor. The Contractor may be reimbursed by the PBGC for the cost of a training course on PBGC specific applications, policies or procedures only when the training has been pre-approved by the COR. The Contractor shall present to the COR a written justification which clearly describes the training, its direct benefits to PBGC, the impact if the training is not provided and the total cost including (1) salary or wages, (2) travel and accommodations in accordance with federal travel regulations, (3) tuition and fees when the training is in an institution not operated by PBGC or the Contractor, and (4) training materials and textbooks. The request must be made and approval granted by the COR prior to the training. The COR is designated the authority to approve or disapprove the training or any of the inclusive costs.

H.9 PBGC-37-001 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.

Principal - TBD Project Manager – TBD Lead Programmer – TBD Lead Planner – TBD Lead Architect/Engineer – TBD Real Estate/ Financial Analyst – TBD Cultural Change Consultant - TBD

They 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…