PBGC01-RQ-16-0041_solicitation.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 37 PBGC01-RQ-16-0041

The item(s) below are used for PBGC internal funding purposes only. The official Contract Line Item Number (CLIN) schedule follows in the Pricing Schedule. The contractor shall invoice in accordance with the official CLIN schedule and with PBGC 52.232-7000 Submission of Invoices.

0001 Provide Securities Lending Benchmarking Services in accordance with the Performance Work Statement and Technical and Price Proposal Submitted - FFP

Period of Performance:06/24/2016 to 06/23/2017

4.00 Q1

OPT

1001 Provide Securities Lending Benchmarking Services in accordance with the Performance Work Statement and Technical and Price Proposal Submitted - FFP

Period of Performance: 06/24/2017 to 06/23/2018

4.00 Q1

OPT

2001 Provide Securities Lending Benchmarking Services in accordance with the Performance Work Statement and Technical and Price Proposal Submitted - FFP

Period of Performance: 06/24/2018 to 06/23/2019

4.00 Q1

OPT

3001 Provide Securities Lending Benchmarking Services in accordance with the Performance Work Statement and Technical and Price Proposal Submitted - FFP

Period of Performance: 06/24/2019 to 06/23/2020

4.00 Q1

OPT

4001 Provide Securities Lending Benchmarking Services in accordance with the Performance Work Statement and Technical and Price Proposal Submitted - FFP

Period of Performance: 06/24/2020 to 06/23/2021

4.00 Q1

Table of Contents

PAGE 4 OF 37 PBGC01-RQ-16-0041

SECTION

. 1 Pricing Schedule

. 2 Performance Work Statement

. 3 Technical Exhibit 1 - Government QASP

. 4 Technical Exhibit 2 - Additional Information

. 5 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

. 6 52.212-1 Addendum 1

. 7 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

. 8 52.212-2 Addendum 2

. 9 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

. 10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (DEC 2015)

. 11 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MANAGEMENT (JUL 2015)

. 12 52.204-19 INCORPORATION BY REFERENCE OF REPRESENTATIONS AND CERTIFICATIONS (DEC 2014)

. 13 52.203-3 GRATUITIES (APR 1984)

. 14 52.203-17 CONTRACTOR EMPLOYEE WHISTLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF

WHISTLEBLOWER RIGHTS (APR 2014)

. 15 52.216-1 TYPE OF CONTRACT (APR 1984)

. 16 52.232-18 AVAILABILITY OF FUNDS (APR 1984)

. 17 52.233-3 PROTEST AFTER AWARD (AUG 1996)

. 18 52.243-1 III CHANGES--FIXED-PRICE (AUG 1987)--ALTERNATE III (APR 1984)

. 19 52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

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

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

. 22 52.233-2 SERVICE OF PROTEST (SEP 2006)

. 23 52.243-1 CHANGES--FIXED-PRICE (AUG 1987)

. 24 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

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

. 27 PBGC 52.209-7000 RESTRICTIONS AGAINST DISCLOSURE OF INFORMATION (JAN 2012)

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

. 29 PBGC 52.215-7003 EXPENSES RELATED TO PROPOSAL SUBMISSION (OCT 2004)

. 30 PBGC 52.215-7007 INCORPORATION OF CONTRACTOR'S PROPOSAL (OCT 2004)

. 31 PBGC 52.215-7009 REFERENCE AND EVALUATION (OCT 2004)

. 32 PBGC 52.224-7000 PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION (PII) (FEB 2013)

. 33 PBGC 52.224-7001 CONFIDENTIALITY OF INFORMATION (OCT 2004)

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

. 35 PBGC 52.237-7000 KEY PERSONNEL (MAR 2012)

. 36 PBGC 52.237-7001 EDUCATION AND EXPERIENCE QUALIFICATIONS (DEC 2014)

. 37 PBGC 52.237-7003 SUITABILITY DETERMINATION REQUIREMENTS - ABOVE SAT (NOV 2011)

. 38 PBGC 52.237-7008 OBSERVANCE OF LEGAL HOLIDAYS (JAN 2012)

. 39 PBGC 52.245-7000 GOVERNMENT FURNISHED INFORMATION, ASSISTANCE AND/OR EQUIPMENT (JAN 2012). 37

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

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

PAGE 5 OF 37 PBGC01-RQ-16-0041

SECTION

. 1 Pricing Schedule

Period of Performance (Base Year):

Item No. Description QTY Unit Unit Price Amount 0001 The contractor shall provide Securities Lending

Benchmarking and Market Trend Analysis per

5.1 in the PWS, On-call Securities Lending Advice per 5.2, and Leadership Briefing per 5.3 of the PWS- FFP

4 QTR

(Option Year 1) 1001 The contractor shall provide Securities Lending

Benchmarking and Market Trend Analysis per

5.1 in the PWS, On-call Securities Lending Advice per 5.2, and Leadership Briefing per 5.3 of the PWS- FFP

4 QTR

(Option Year 2) 2001 The contractor shall provide Securities Lending

Benchmarking and Market Trend Analysis per

5.1 in the PWS, On-call Securities Lending Advice per 5.2, and Leadership Briefing per 5.3 of the PWS- FFP

4 QTR

(Option Year 3) 3001 The contractor shall provide Securities Lending

Benchmarking and Market Trend Analysis per

5.1 in the PWS, On-call Securities Lending Advice per 5.2, and Leadership Briefing per 5.3 of the PWS- FFP

4 QTR

(Option Year 4) 4001 The contractor shall provide Securities Lending

Benchmarking and Market Trend Analysis per

5.1 in the PWS, On-call Securities Lending Advice per 5.2, and Leadership Briefing per 5.3 of the PWS- FFP

4 QTR

* Note: All Travel shall be included in the fixed price, no additional travel expenses will be authorized.

The contractor shall bill PBGC in on a quarterly basis, after delivery and acceptance of deliverables due that billable quarter.

PAGE 6 OF 37 PBGC01-RQ-16-0041

. 2 Performance Work Statement

1. PROJECT TITLE: Securities Lending Benchmarking Services.

2. BACKGROUND: The PBGC has over $50B of lendable securities, over $5B of which are on loan, generating about $20M in securities lending income annually.

Ensuring that the PBGC earns an appropriate return from its securities lending programs at an appropriate level of risk is in keeping with the expected standards of asset stewardship and prudence.

3. SCOPE:

3.1. Objective(s): To assist in the monitoring of the PBGC securities lending program and the securities lending market to ensure that the PBGC earns an appropriate return from its securities lending programs at a level of risk in keeping with industry standards for prudent asset stewardship.

3.2. Performance Areas:

3.2.1. Performance area 1 – Securities Lending Benchmarking and Market Trend Analysis

3.2.2. Performance area 2 – On-call Securities Lending Advice

3.2.3. Performance area 3 – Securities Lending Briefings to PBGC Leadership

3.3. Project Parameters:

3.3.1. Performance area 1 – 4 (Quarterly) Benchmarking Reports per year and 1 Annual Benchmarking report per year.

3.3.2. Performance area 2 - Average number of requests for advice per year 1;

examples of which include assistance in coordinating a Request for Information panel of Securities Lenders and proofreading of securities lending recommendations and policy memos (3 times, with memos under 10 pages).

3.3.3. Performance area 2- Ad hoc phone meetings have averaged 2 per year for 20 minutes.

3.3.4. Performance area 3 - Securities Lending Briefings to PBGC Leadership have totaled zero over five years, and are unlikely to exceed 2 per five years.

3.4. Limitations and Constraints:

3.4.1. The Contractor shall consider the constraints of the PBGC securities lending program described in the Investment Policy Statement:

“Securities Lending: Securities lending to generate income through a low risk collateral investment strategy is allowed, consistent with parameters established by the Board and investment policies and guidelines. Securities lending collateral is excluded from the calculation of asset allocation targets. PBGC staff will provide program performance and violation reporting to the Board.”

PAGE 7 OF 37 PBGC01-RQ-16-0041

4. APPLICABLE DOCUMENTS:

None

5. PERFORMANCE REQUIREMENTS:

5.1. Task 1 (performance area 1)– Provide Securities Benchmarking and

Market Trend Analysis

5.1.1. Contractor shall access PBGC lending agents’ data (State Street Global

Markets and BlackRock) from the Securities Lending Data Vendor on or before the fifteenth business day following the end of the Quarter.

5.1.2. Contractor shall benchmark PBGC’s two (2) agent lenders (State Street Global Markets and BlackRock) data against the lending securities market.

5.1.3. Using individual loan data for loans of PBGC assets provided by the PBGC’s two agent lenders the Contractor shall aggregate and summarize the lending performance of the agent lenders versus the universe of securities lenders by comparing utilization, yield and income and assessing the risk of the cash collateral investment vehicles.

5.1.4. Contractor shall analyze Cash Collateral reinvestment vehicle characteristics used by PBGC’s agent lenders to reinvest cash collateral received for securities loans of PBGC assets.

5.1.5. The Contractor shall analyze securities lending and cash collateral market trends over the most recent Calendar Quarter.

5.1.6. The Contractor shall provide a summary of its analysis from subtasks

5.1.2 through 5.1.5 in a draft Quarterly Benchmarking Report within 15 business days following availability of data from the Securities Lending Data Vendor for PBGC’s agent lenders.

5.1.7. The draft Quarterly Benchmarking Report shall be based on the most recent Calendar Quarter, be clearly labeled, document assumptions and simplifications, and include a summary of the securities market and cash collateral market trends. The Contractor shall provide explanation of how securities lending and cash collateral market changes impact PBGC’s securities lenders, cash investments, and overall risk and income from the PBGC’s lending program.

5.1.8. The contractor shall review the draft Quarterly Benchmarking Report with the agent lenders prior to delivery to the PBGC.

5.1.9. The Government will have 10 business days to review the draft Quarterly Benchmarking Report and shall request a phone meeting during that time to discuss the draft Quarterly Benchmarking Report prior to requesting changes. The contractor shall discuss any element of the report in further detail during these phone discussions and be prepared to discuss the market trends portion in depth.

PAGE 8 OF 37 PBGC01-RQ-16-0041

5.1.10. The Government will provide a written list of changes within 15 business days of receiving the draft Quarterly Benchmarking Report and the Contractor shall have 5 business days to make the changes and deliver the final report.

5.1.11. The Contractor shall provide a draft Annual Benchmarking Report within 10 business days following the completion of the final Quarterly Benchmarking Report for the quarter ending September 30.

5.1.12. The draft Annual Benchmarking Report shall be based on at least the last four quarters of the PBGC fiscal year ending September 30 and will use individual loan data for loans of PBGC assets provided by the PBGC’s two agent lenders. The Contractor shall summarize performance by utilization, yield and income and assess the risk of the cash collateral investment vehicles.

5.1.13. The Contractor shall analyze securities lending and cash collateral market trends covering at least the most recent four Calendar Quarters.

5.1.14. The Contractor shall provide a summary of its analysis from subtasks 5.1.2 through 5.1.4 in a draft Annual Benchmarking Report.

5.1.15. The draft Annual Benchmarking Report shall be clearly labeled, document assumptions and simplifications, and include a summary of the securities market and cash collateral market trends. The Contractor shall provide explanation of how these market changes impact PBGC’s securities lenders, cash investments, and overall risk and income from the PBGC’s lending program.

5.1.16. The contractor shall review the draft Annual Benchmarking Report with the agent lenders prior to delivery to PBGC.

5.1.17. The Government will have 10 business days to review the draft Annual Benchmarking Report and shall request a phone meeting during that time to discuss the draft Annual Benchmarking Report prior to requesting changes. The contractor shall discuss any element of the report in further detail during these phone discussions and be prepared to discuss the market trends portion in depth.

5.1.18. The Government will provide a written list of changes within 10 business days of receiving the draft Annual Benchmarking Report and the Contractor shall have 5 business days to make the changes and deliver the final Annual Benchmarking Report.

5.2. Task 2 (performance area 2) – Provide On-Call Securities Lending Advice.

5.2.1. The Government shall request securities lending related advisory support in writing via email and will mark them either routine or urgent.

5.2.2. The Contractor shall respond to written requests that are marked routine within 5 business days via email.

PAGE 9 OF 37 PBGC01-RQ-16-0041

5.2.3. The Contractor shall respond to requests marked urgent within 1 day via email.

5.2.4. The emailed response to a request for documentation review shall include a version of the document with track changes enabled.

5.2.5. The Contractor shall respond to all phone call inquiries within 5 days by returning the phone call or participating in a scheduled phone discussion. If the phone call exchange results in a request for a written response, the Government shall provide the Contractor a written request via email for advisory support marked either routine or urgent.

5.2.6. On-Call Advisory support requests will be focused on the PBGC Securities Lending program and how to improve it. Examples of potential support requests include: actions needed to facilitate agent lender use of Centrally Counterparty Clearing House, pros and cons to move to separate accounts for cash collateral, or use of new instruments in cash collateral funds.

5.2.7. Historically, PBGC has requested one routine review of a 10 page document in three of the last five years.

5.3. Task 3 (performance area 3) –Provide Securities Lending Briefings to PBGC Leadership.

5.3.1. The Contractor shall be available to brief PBGC upper management, Board of Directors or Advisory Council. Historically, the Government has not required such a briefing.

5.3.2. The Securities Lending Briefing to PBGC Leadership shall cover the PBGC securities program performance or another securities lending or cash management topic of interest to PBGC leadership. The Government will confirm the focus of the briefing.

5.3.3. The Contractor shall prepare a draft Securities Lending presentation in Microsoft PowerPoint and deliver the presentation document 10 days before the scheduled briefing. The briefing is unlikely to exceed one hour in length and the presentation document shall be no longer than 40 slides.

5.3.4. The Government will have 5 days to review the presentation and request changes.

5.3.5. The Contractor will have 5 days to complete changes and submit the final presentation.

5.3.6. The Contractor shall present the briefing in person at the PBGC location in Washington DC (deliverables and delivery schedule):

1200 K Street N.W., 12th floor boardroom

Washington DC 20005-4026

6. PERFORMANCE STANDARDS:

PAGE 10 OF 37 PBGC01-RQ-16-0041

6.1. The Contractor shall adhere to the following performance standards on all deliverables:

Accuracy - Deliverables shall be accurate in presentation, technical content, and adherence to generally accepted elements of style.

Clarity - Deliverables shall be clear and concise. All Charts and Tables shall be clearly labeled, easy to understand and relevant to the supporting narrative.

Consistency to Requirements - All work products and deliverables must satisfy the requirements of the PWS.

Fitness for Intended Purpose - Deliverables shall be fit for PBGC’s intended purpose under the PWS.

Editable - All text, chart, and table files shall be editable by PBGC.

Format - Deliverables shall be submitted in the media format as defined in the

PWS.

Timeliness - Deliverables shall be submitted on or before the due date specified per the PWS.

6.2. Performance standards are contained in the Performance Requirement

Summary Table (PRS) in the Quality Assurance Surveillance Plan (QASP) in Technical Exhibit 1. Absence of any contract requirement from the PRS does not detract from its enforceability nor limit the rights or remedies of the government under any other provision of the contract, including the clauses entitled “Inspection of Services” and “Default.”

7. INCENTIVES: The government will use incentives in the form of past performance evaluations for services meeting or exceeding or not meeting the performance standards as described in the Quality Assurance Surveillance Plan (QASP) at Technical Exhibit 1.

8. DELIVERABLES AND DELIVERY SCHEDULE:

8.1. Deliverables and Delivery Schedule

Perf Area

Deliverable Due Date Media(s) Qty Delivery Point(s)

5.1.6 Draft Quarterly

Benchmarking Report

15 days after data is available from Securities Lending Data Vendor

Electronic Submission

1 EA Email COR

5.1.10 Final Quarterly

Benchmarking Report

5 Days after Receiving Written Request for Changes

Electronic

1EA Email COR

PAGE 11 OF 37 PBGC01-RQ-16-0041

5.1.14 Draft Annual

Benchmarking Report

10 Business Days after completion of 4th Quarter Fiscal Year end Quarterly Benchmarking Report

Electronic Submission

1EA Email COR

5.1.18 Final Annual

Benchmarking Report

5 Days after Receiving Written Request for Changes

Electronic Submission

1EA Email COR

5.2.1 On-call Advisory

Response Email

5 Business Days after receiving written request

Electronic Submission

1EA Email COR

5.3.3 Draft Securities

Lending Briefing to PBGC Leadership Presentation

10 business Days from Date of Assignment

Electronic Submission

1EA Email COR

5.3.5 Final Securities

Lending Briefing to PBGC Leadership Presentation

5 Days after receiving request for changes

Electronic Submission

1EA Email COR

5.3.6 Deliver Final

Securities Lending Briefing to PBGC Leadership in person date of PBGC Leadership meeting

In person 1EA 1200 K St NW, 12th Floor Boardroom

Washington D.C. 20005

8.1.1 Quarterly

Progress Report

25th Business Day following end of quarter

Electronic

1EA Email COR

8.1.1. Quarterly Progress Report: The Contractor shall provide a quarterly progress report on the 25th business day following conclusion of the Quarter reflected in the progress report. The quarterly progress report shall include work accomplished last quarter, deliverables delivered including date delivered and deliverable status, work to be accomplished next quarter and any challenges encountered.

8.1.2. Contractor Quality Control Plan (QCP): The Contractor shall adhere to their Contractor Quality Control Plan as proposed.

9. GOVERNMENT-FURNISHED EQUIPMENT AND INFORMATION (GFE/GFI):

None The Government shall ensure PBGC agent lenders State Street Global Markets and BlackRock make available to the Contractor via the Securities

PAGE 12 OF 37 PBGC01-RQ-16-0041

Lending Data Vendor that the Contractor uses, loan level data for each securities loan completed during the quarter being analyzed. The Government will ensure that the PBGC agent lenders provide cash collateral characteristics data to the Contractor.

10. PLACE OF PERFORMANCE: Performance of this contract shall be at the Contractor’s site except for participation in Senior Leadership Briefings (5.3.6).

11. PERIOD OF PERFORMANCE: The period of performance shall be for one (1) base period of 12 months and four (4) twelve-month option periods.

12. QUALITY ASSURANCE: The Government will evaluate the Contractor’s Post- Award performance on this contract according to the Government’s Quality Assurance Surveillance Plan (QASP) at Technical Exhibit 1.

13. SUPPORTING INFORMATION: The Contractor shall comply with the additional contract requirements and contract administrative information in Technical Exhibits and Attachments.

Technical Exhibits:

1. Government Quality Assurance Surveillance Plan (QASP)

2. Additional Contract Information

PAGE 13 OF 37 PBGC01-RQ-16-0041

. 3 Technical Exhibit 1 - Government QASP

1. Title: Securities Lending Consulting Services, QASP.

2. Purpose: This QASP specifically corresponds to the PWS Section 5, Performance Requirement (Tasks). Section 5 of the PWS discusses what work is to be performed and to what outputs or outcomes the Government expects and to what specification.

The QASP provides a surveillance plan sufficient to ensure acceptable performance and compliance with the FAR.

3. Objective: The objective of this Surveillance Plan is to evaluate how the Contract is being performed by the Contractor.

4. Surveillance Method by Performance Area:

4.1. Surveillance described:

4.1.1. The COR shall perform 100% inspection on each written deliverable as described in the PWS, Section 5 and as summarized in the Performance Requirement Summary Table (PRS).

4.1.2. The COR will enter each inspection result on the Evaluation Table.

4.2. Reporting Results:

4.2.1. 30 business days after the end of each Fiscal Quarter the COR will prepare a written report for the Contracting Officer that summarizes the overall results of the quality assurance surveillance of the Contractor’s performance. The Evaluation Table will be included with this report and document the Contractor’s ongoing performance on contract.

4.2.2. A copy will be maintained in the COR file.

4.2.3. Unsatisfactory Performance:

Unsatisfactory contract performance, performance not meeting the AQL will be reported by the COR immediately to the ACO.

4.3. Incentives: The Government shall use positive Incentives on this contract in the form of positive past performance evaluations for meeting or exceeding the performance standards.

PAGE 14 OF 37 PBGC01-RQ-16-0041

Performance Requirements Summary Table (PRS)

*Surveillance Method Used 100% Inspection

Perf.

Area

Output or Deliverable

Performance Standard

Acceptab le Quality Level

(AQL)*

Frequen cy

Incentive (Nonmonetary)

5.1.6 Draft Quarterly

Report

15 days after availability of data from Securities Lending Data Vendors

90% On Time

Quarterl y

Past Performance Evaluation

5.1.10 Final Quarterly

Benchmarking Report

5 Days after Receiving Written Request for Changes

100% On Time and Per PWS

Quarterl y

Past Performance Evaluation

5.1.14 Draft Annual

Benchmarking Report

10 Business Days after completion of 4th Quarter Fiscal Year end Quarterly Benchmarking Report

100% On Time and Per PWS

Annually Past Performance Evaluation

5.1.18 Final Annual

Benchmarking Report

5 Days after Receiving Written Request for Changes

100% On Time and Per PWS

Annually Past Performance Evaluation

5.2.1 On-call

Advisory Response email

5 Business Days after receiving written request

90% On Time and Per PWS

As Required

Past Performance Evaluation

5.3.3 Draft

Leadership Presentation

10 business Days from Date of Assignment

100% On time and Per PWS

As Required

Past Performance Evaluation

5.3.5 Final

Leadership Presentation

5 Days after receiving request for changes

100% On time and Per PWS

As Required

Past Performance Evaluation

5.3.6 Discuss Final

Leadership Presentation in Person

On day of meeting 100% On time and Per PWS

As Required

Past Performance Evaluation

8.1.1 Quarterly

Progress Report

5th business day following quarter end.

100% On time and Per PWS

As Required

Past Performance Evaluation

PAGE 15 OF 37 PBGC01-RQ-16-0041

Evaluation Table

Deliverable Date Delivered

Quality Assessment (Exceeds Standard, Satisfactory or Unsatisfactory)

Comment

PAGE 16 OF 37 PBGC01-RQ-16-0041

. 4 Technical Exhibit 2 - Additional Information

1. Type of Contract: Contract type is FFP, Performance Based.

2. Definitions :

Term Acronym Definition

Performance Requirement Summary

PRS Summary of Performance Standards that includes Performance Area, Acceptable Performance Level (AQL), method of surveillance and incentive if applicable

Quality Assurance QA Government surveillance

Quality Control QC Contractor steps to ensure quality standards are met on contract

Comparing the performance of PBGC’s agent lenders to their competitors (the universe) according to various lending statistics, and broken down according to appropriate categories of lendable assets and collateral types.

PBGC Fiscal Year October 1 to September 30

Utilization Assets on Loan / Lendable Assets Net Income For loans collateralized with cash, net income is determined by calculating the return received by a Cash Collateral Reinvestment Fund’s investment of cash collateral posted for securities loans, net of borrower rebate fees. For loans collateralized with assets other than cash, net income equals the loan fee negotiated with the borrower.

Return on Assets Net Income / Lendable Assets Borrower Rebate fees The amount paid by a securities lender to a borrower who has put up cash collateral to borrow a security.

Collateral An asset pledged or delivered to a lender or its agent to secure a loan.

Securities Lending Data Vendor

Data aggregators and suppliers who build a universe of individual securities lending trades that permit comparison of trade characteristics. Well known Securities Lending Data Vendors include:

DataExplorers and Sungard

PAGE 17 OF 37 PBGC01-RQ-16-0041

. 5 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (OCT 2015)

(Reference 52.212-1)

. 6 52.212-1 Addendum 1

1. CORRESPONDENCE AND DELIVERY OF PROPOSALS

1.1. Questions regarding the proposal shall be submitted by email no later than

January 18, 2016 at 11:00 am EST. No information concerning this solicitation will be provided in response to telephone calls.

1.2. All correspondence should be sent to Joy Bolluyt, Contract Specialist (CS), via email to: Bolluyt.joy@pbgc.gov. with cc: to Robert Hufford, Contracting Officer (CO), Hufford.robert@pbgc.gov.

1.3. Submit one (1) electronic copy of a technical proposal and one (1) electronic copy of a price proposal via email to the CO and CS by 12:00 (NOON) EST on February 15, 2016.

2. CONTRACT TYPE

The government anticipates awarding a Firm fixed Price Contract for Commercial Services.

3. FORMAT AND INSTRUCTIONS FOR PROPOSAL

The proposal submitted in response to this solicitation shall be formatted as follows:

3.1. Volume I –Price Proposal:

3.1.1. Firm fixed unit prices for the base year and all option years shall be submitted as specified in the pricing schedule.

3.1.2. Offerors may indicate that their response to FAR 52.212-3 Offeror Representations and Certifications-Commercial Items has been completed electronically at (System for Award Management (SAM) website http://sam.gov.

3.1.3. One (1) electronic (Microsoft Word or PDF) copy via email. Multiple files (including the optional cover letter and pricing schedule)) shall be attached to an email with the subject line: “Offeror Name, PBGC01-RQ-16-0041, Price Proposal”. Separate documents attached to the email shall be titled using this format “Offeror Name, PBGC01-RQ-16-0041, Document Description”.

3.2. Volume II – Technical Proposal:

3.2.1. General Instructions for Submission and Format: One (1) electronic (Microsoft Word or PDF) copy. Multiple files shall be attached to an email with the subject line “Offeror Name, PBGC01-RQ-16-0041, Technical Proposal”. Separate documents attached to the email shall be titled using the format “Offeror Name, PBGC01-RQ-16-0041, Document Description”.

3.2.2. The Offeror shall use the specific format below:

PAGE 18 OF 37 PBGC01-RQ-16-0041

• 8.5 by 11 inch paper

• 12 pitch print or larger, Arial or Times New Roman style font

• 1.25 inch left hand margin, .75 inch right hand margin and 1 inch margins at both the top and bottom for each page.

• All pages single-spaced double-spaced between paragraphs

• Every page sequentially numbered, and

• Page numbers centered in the bottom margin.

• Entire proposal and any attachments shall be formatted to print clearly.

3.3. Technical Proposal Special Instructions:

Offerors shall provide the information requested in these special instructions in their technical proposal. The requests for information and questions listed below are to be restated in the proposal and specifically answered in the order provided. The special instructions are numbered and mapped to the evaluation criteria as found in Addendum 2.

1. Technical Approach

1.1. Describe the strengths and weaknesses of the Securities Lending Data Vendor’s database proposed to benchmark the PBGC’s lending programs and specifically answer the following questions:

1.1.1. Who is your securities lending data vendor?

1.1.2. How is data sourced (from the borrowers, lenders or both)?

1.1.3. How complete is the data for various sub-asset classes (US Equity, US Corporate Debt, US Government Debt, Non-US Equity, Non-US Corporate Debt and Non-US Government Debt)?

1.1.4. Is there an indication if a securities loan is collateralized by non-cash collateral or for cash collateral?

1.1.5. Is there an indication of the cash collateral return earned by the securities loan (for securities loans backed by cash collateral)?

1.1.6. How has the data source (for industry benchmarking) evolved over the past 3 years (trends of quality of securities loans covered)?

1.2. Describe process for benchmarking the performance of custodian agent lending/index fund lending programs and specifically answer the following questions:

PAGE 19 OF 37 PBGC01-RQ-16-0041

1.2.1. What data is needed from custodian/index fund manager?

1.2.2. What specific factors or sub-factors such as Utilization, Yield, Spread (from collateral and from intrinsic value), and Income are used for benchmarking?

1.2.3. Are adjustments made to data to allow for comparison of loans made for cash collateral invested in different yielding cash collateral reinvestment funds?

1.2.4. Explain how to compare securities loans made against cash and non-cash collateral?

1.2.5. Are adjustments made for loans made by PBGC’s agent lenders that don’t have matches in the securities lending universe?

1.2.6. Explain how to compare loans for clients with different indemnification levels?

1.2.7. Are filters placed on the universe of securities loans in order to make apples to apples comparisons of lenders? What filters are applied?

1.3. The contractor shall identify and discuss their assumptions and biases of their proposed benchmarking approach.

1.4. The contractor shall discuss if there are any differences for benchmarking an index fund lending program compared to a custody lending program.

1.5. The contractor shall describe how long it will take them to generate a benchmarking report.

1.6. The contractor shall include a sample of a benchmarking report.

1.7. The Offeror shall submit a Quality Control Plan (QCP) that describes the contractor’s control procedures to ensure all services and deliverables are provided as described in the PWS.

2. Qualification of Key Personnel

2.1. The Offeror shall propose key personnel identified in PBGC 52.237-7000, that meet the following minimum qualifications:

PAGE 20 OF 37 PBGC01-RQ-16-0041

2.1.1. Relevant experience in conducting securities lending benchmarking services.

2.1.2. Minimum of five (5) years-experience on similar projects and support roles.

2.2. The Offeror shall provide resumes on each of the key personnel proposed to work the requirements described in the PWS.

2.3. The Offeror shall describe each key person proposed to work the requirements described in the PWS to include: number of years with the firm, experience with securities lending consulting, securities lending benchmarking, years in the securities lending industry, educational credentials and how they meet or exceed the Key Personnel minimum qualifications.

2.4. The Offeror shall specifically identify the key person that will manage the PBGC relationship for this contract and who shall be their back-up.

3. Firm Experience

3.1. The Offeror shall demonstrate proven expertise with a history of providing securities lending consulting and benchmarking services similar to the size and scope as described in the PWS and answer the following questions:

3.1.1. What are the company’s business lines & revenue sources?

3.1.2. The Offeror shall identify how many personnel in the firm focus on security lending.

3.1.3. What is the contribution that securities lending consulting makes to firm revenues?

3.1.4. What securities lending offerings apart from consulting does your firm provide (publications, conferences)? Please provide examples of publications produced, and agenda’s for conferences that you have presented at or hosted.

3.1.5. How much time is spent on work with the borrower, lender, beneficial owner, regulatory and infrastructure sides of the securities lending industry?

3.2. The Offeror shall describe any possible conflicts of interest that may arise from working with borrower and lender sides of the securities lending marketplace and, if possible conflicts of interest exist, what controls are in place to mitigate possible conflicts of interest.

PAGE 21 OF 37 PBGC01-RQ-16-0041

3.3. The Offeror shall describe measures taken to secure data provided by PBGC’s agent lenders.

4. Past Performance

4.1. The Offeror shall provide evidence of recent and relevant past performance to the work required under this solicitation performed within the past three (3) years, as measured by the following factors:

4.1.1. Similarity of engagement, industry, size and scope.

4.1.2. Cost Control;

4.1.3. Timeliness of performance;

4.1.4. Business relations, to include problem responsiveness; and,

4.1.5. Customer satisfaction, particularly in regard to providing securities lending benchmarking services and securities lending program evaluation.

4.2. The Offeror must provide three references to include name of agency or firm for which work was performed, name of POC, email and phone number.

4.3. The Government may use other past performance information from official governmental or commercial sources to evaluate past performance.

. 7 52.212-2 EVALUATION--COMMERCIAL ITEMS (OCT 2014)

(a) The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and

PAGE 22 OF 37 PBGC01-RQ-16-0041

other factors considered. The following factors shall be used to evaluate offers: See Addendum 2 of the solicitation.

___________________________________________ [Contracting Officer shall insert the significant evaluation factors, such as

(i) technical capability of the item offered to meet the Government requirement;

(ii) price;

(iii) past performance (see FAR 15.304);

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer`s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of Provision)

. 8 52.212-2 Addendum 2

PAGE 23 OF 37 PBGC01-RQ-16-0041

1. EVALUATION CRITERIA

1.1. Non-Price Criteria

1.1.1. The Government intends to award to the responsible Offeror whose offer represents the best value to the Government, price and other factors considered according to FAR 12 and 13 for commercial services.

1.1.2. The Offeror’s proposal shall be evaluated in accordance in accordance with the following factors in order of importance, most important to least important: :

(1) Technical Approach

(2) Qualifications of Key Personnel

(3) Firm Experience

(4) Past Performance

1.2. Price

Price will be evaluated as an independent factor. The Offeror’s prices for the base year and four option years will be evaluated. The proposal will be evaluated for compliance with the RFP, as well as for price reasonableness.

2. Selection:

2.1. A tradeoff process among price and non-price factors shall be followed in order to ensure that the selected offers will provide the best value to the Government.

2.2. The non-priced evaluation factors, when combined, are more important than price.

2.3. Offerors are cautioned that the award may not necessarily be made to the lowest priced Offeror or to the highest technically-rated Offeror.

2.4. The Government reserves the right to reject any and all proposals received or request clarification or modification of proposals. The Government reserves the right to conduct discussions during the evaluation process, if later determined by the Contracting Officer to be necessary.

2.5. Award of any contract will be made based upon a review and a comparative assessment of the offeror’s proposal against PBGC’s evaluation factors contained in this section.

3. RESPONSIVENESS OF PROPOSALS TO BE CONSIDERED FOR AWARD:

PAGE 24 OF 37 PBGC01-RQ-16-0041

3.1. A proposal must comply in all material respects with the RFP, proposal conditions that alter requirements or limit the Government’s rights shall not be considered.

3.2. Telegraphic proposals shall not be considered.

3.3. Facsimile proposals shall not be considered.

3.4. Proposals must be submitted in accordance with the instructions and all items required must be submitted with the proposal.

. 9 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (MAY 2015)

(Reference 52.212-4)

PAGE 25 OF 37 PBGC01-RQ-16-0041

. 10 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (DEC 2015)

(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:

X (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).

(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.)

X (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).

(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).

(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.

X (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

(ii) Alternate I (JAN 2011) of 52.219-4.

(13) [Reserved] (14)

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

(ii) Alternate I (Nov 2011) 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.

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

(17)

(i) 52.219-9, Small Business Subcontracting Plan (Oct 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).

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

632(a)(2)).

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

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

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

PAGE 26 OF 37 PBGC01-RQ-16-0041

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

13126).

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

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

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

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

X (31) 52.222-37, Employment Reports on Veterans (Oct 2015) (38 U.S.C. 4212).

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

X (33)(i) 52.222-50, Combating Trafficking in Persons (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).

(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.)

(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.

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

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

(42) (i) 52.225-3, Buy American--Free Trade Agreements-- Israeli Trade Act (May 2014) (41 U.S.C.

chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub.

L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41,112-42, and 112-43).

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

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

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

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

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

(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).

(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).

PAGE 27 OF 37 PBGC01-RQ-16-0041

(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 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) (E.O. 13658).

(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…