PBGC01-RQ-17-0052.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

RQ-35-17-000210

PBGC01-RQ-17-0052 MAY 05, 2017

Judene Dayes 202-326-4000 3321

9:00 AM ET

PD

PENSION BENEFIT GUARANTY CORP

PROCUREMENT DEPARTMENT

1225 I STREET NW

WASHINGTON DC 20005-4026 519190

WSD

PENSION BENEFIT GUARANTY CORP - RECEIVING ROOM

1200 K ST NW (ALLEY ENTRANCE)

WASHINGTON DC 20005-4026

see continuation page for line item details.

See Schedule

MAY 10, 2017

Please

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

PBGC01-RQ-17-0052

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

PAGE 3 OF 22 PBGC01-RQ-17-0052

QUESTIONS: Any questions regarding this RFQ shall be submitted to dayes.judene@pbgc.gov and Mcfarlane.patrick.pbgc.gov no later than May 8, 2017 by 1:00 PM EST.

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

0001 The Contractor shall provide Interactive Voice Response (IVR) System Maintenance and Application Support. See attached Statement of Work and Pricing Schedule.

Period of Performance: 05/19/2017 to 05/18/2018

1.00 EA

Table of Contents

PAGE 4 OF 22 PBGC01-RQ-17-0052

SECTION

. 1 Supplies or Services and Price Costs

. 2 STATEMENT OF WORK

. 3 INSTRUCTIONS TO OFFERORS

. 4 METHOD OF AWARD AND EVALUATION CRITERIA

. 5 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

. 6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JAN 2017)

. 7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

. 8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

. 9 52.247-34 F.O.B. DESTINATION (NOV 1991)

. 10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

. 11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

. 12 PBGC 52.232-7000 SUBMISSION OF INVOICES (FIXED-PRICE) (APR 2017)

. 13 PBGC 52.239-7000 SECTION 508 ACCESSIBILITY STANDARDS (MAR 2016)

. 14 PBGC 52.239-7001 INFORMATION TECHNOLOGY SOLUTIONS LIFE CYCLE MANAGEMENT (MAR 2016)

PAGE 5 OF 22 PBGC01-RQ-17-0052

SECTION

. 1 Supplies or Services and Price Costs

Supplies or Services and Price Costs

PRICING SCHEDULE

The offeror must provide Firm-Fixed-Pricing for CLINs 0001, 1001 AND 2001 listed in the Pricing Schedule. The Government intends to award a firm-fixed-price (FFP) Contract for this requirement.

(FFP) CLIN 0001 Base Year: May 19, 2017 – May 18, 2018

Description Quantity Unit Unit Price Total

Technical and Maintenance Support of the Pension Benefit Guaranty Corporation’s current Interactive Voice Response (IVR) System.

1 12 months $ $

Total Base Year Price: $ $

(FFP) CLIN 1001 Option Year One: May 19, 2018 – May 18, 2019

Pension Benefit Guaranty Corporation’s current Interactive Voice Response (IVR) System.

1 12 months $ $

Total Option Year One Price: $ $

PAGE 6 OF 22 PBGC01-RQ-17-0052

(FFP) CLIN 2001 Option Year Two: May 19, 2019 – May 18, 2020

Pension Benefit Guaranty Corporation’s current Interactive Voice Response (IVR) System.

1 12 months $ $

Total Option Year Two Price: $ $

Total Base and All Option Year Price: $ $

PAGE 7 OF 22 PBGC01-RQ-17-0052

. 2 STATEMENT OF WORK

STATEMENT OF WORK

1. BACKGROUND

The Pension Benefit Guaranty Corporation (PBGC) is a federal corporation created by the Employee Retirement Income Security Act of 1974. It currently protects the pensions of 44.1 million American workers and retirees in 30,336 private defined benefit pension plans, including 34.2 million people covered by 28,769 single‐employer and 9.9 million people covered by 1,567 multi‐employer defined benefit pension plans.

Those pension plans provide a specified monthly benefit at retirement, often based on a combination of salary and years of service.

PBGC was created to encourage the continuation and maintenance of private‐sector defined benefit pension plans, provide timely and uninterrupted payment of pension benefits, and keep pension insurance premiums at a minimum.

When an under‐funded single‐employer plan must be terminated, PBGC takes responsibility for the plan and its benefit payment obligations. Thereafter, PBGC pays benefits to participants and beneficiaries according to the terms of their plan and the limits set by law. PBGC currently pays monthly retirement benefits to approximately 602,000 retirees in 3600 terminated plans. Including those who have not yet retired, PBGC is responsible for the current and future pensions of about 1.2 million people.

2. OBJECTIVE

The mission of the PBGC is to protect participants’ pension benefits and to support a viable retirement plan system. The PBGC’s mission and strategic goals are to:

1. Provide exceptional customer service to participants and stakeholders.

2. Exercise effective and efficient stewardship of PBGC resources, aligning resources to meet changing workload demands.

3. Monitor systems for continual process improvement.

4. Pursue and build cooperative and collaborative relationships with stakeholders.

5. Provide for the timely and uninterrupted payment of pension benefits to participants and beneficiaries under plans covered by Title IV of ERISA.

PAGE 8 OF 22 PBGC01-RQ-17-0052

The Customer Communication Division (CCD) of the Public Services Division provides communication services to PBGC’s plan participants. Services CCD provides includes customer correspondence system (CCS), language translation services, and call center services (aka, Customer Contact Center (CCC)).

The PBGC’s Customer Call Center (CCC) is a component of OBA within CCD and answers incoming participant calls from PBGC’s toll‐free telephone number and when necessary forwards these calls to the appropriate field office for response. The Contact Center is staffed and managed by contractor personnel who are monitored by PBGC employees.

PBGC uses a two‐tiered approach for handling incoming calls.

Tier‐1 calls are handled by the CCC Customer Service Representative (CSR) and involve a response for basic services (e.g. general information, address changes, banking information changes via PBGC’s Oracle based Customer Relationship Management (CRM) desktop application.

Tier‐2 calls are more complex calls involving pension related questions (e.g. benefit entitlement, benefit calculation requests, etc.) that cannot be handled at the Tier‐1 level. All Tier‐2 calls are currently screened by the CSR prior to being transferred to the appropriate field office or TPD for a response or resolution.

The current PBGC Interactive Voice Response (IVR) system is used primarily as a routing tool and does not leverage open standards, is inflexible, cannot be easily updated quickly, and is out of date.

Operating day‐to‐ involves interaction with participants. Participants retire and apply for benefits; others die or move to a new location. The first contact with PBGC is through the PBGC IVR. The CCC CSR then receives and services the calls themselves, or transfers the more technical calls to the Post Valuation offices (PVA) or to the Field Benefits Administration (FBA) offices. The calls are routed to the IVR via one of four telephone numbers (1‐800‐400‐7242; (202) 326‐4000; (202) 326‐4100; (703) 822‐8600.

PBGC is currently undergoing a larger initiative to replace the current IVR system.

However, until that project is completed, PBGC still needs maintenance coverage for its existing IVR system.

The objective of this procurement is to acquire professional technical and maintenance support from an industry leader to maintain PBGC’s IVR system. The goal of this requirement is to obtain technical and maintenance coverage until the larger initiative of replacing the current IVR system is in place.

PAGE 9 OF 22 PBGC01-RQ-17-0052

3. IVR TECHNICAL INFORMATION

The current PBGC IVR system is based on two Nortel MPS 500 Sun/Solaris Unix servers with a legacy speech platform. These servers utilize two 48 port systems with digits‐ only speech and two languages (English and Spanish). There is no database connectivity and use of speech is limited. The IVR has been used as an automated attendant versus a tool to improve service and efficiency.

The two 48 port MPS servers (MPSAP1 and MPSAP‐ 1a) are located at 1200 K Street NW, Washington D.C. 20005 and 5971 Kingstowne Village Parkway Kingstown, VA 22315 respectively. There are two OSCARs, one available for each server and no CTI machines.

Both server processors are 1336MHz Sun Microsystems Sun fire V210s with 2GB of RAM and an OBP of 4.16.2. Disk mirroring has not been set up, and only SCSI disk 0 has been mounted. These machines have the following drives:

1. MPSAP1‐a (1200 K)

▪ SCSI Disk 0: 75 GB Seagate ST373207LSUN72G Revision: 045A

▪ SCSI Disk 1: 75 GB Seagate ST373207LSUN72G Revision: 045A

▪ SCSI Disk 30: TEAC DV‐28E‐N DVD

2. MPSAP1‐a (Kingstowne)

▪ SCSI Disk 0: 75 GB Seagate ST373207LSUN72G Revision: 045A

▪ SCSI Disk 1: Seagate ST373207LSUN72G Revision: 045A

▪ SCSI Disk 30: TEAC DV‐28E‐C DVD Drive ▪ SCSI Disk 11: SEAGATE DAT 9SP40‐000 Revision 910B

Both Solaris operating systems are at Release 8. The MPS operating systems are both at release 2.10, which is one major release prior to the current software release by Nortel. PeriPro 3.00.16 (application development software) is installed on the “1200 K” MPS computer only, as is PeriStudio 2.2.0.

There are 48 ports licensed on each MPS system at PBGC. The following licenses are also included, on each system:

Name Licenses

PeriPro 1 ‐ MPS Developer (1200 K system ONLY) DTMF 48 ‐ DTMF recognition software Player 48 ‐ Play vocabularies to caller

PAGE 10 OF 22 PBGC01-RQ-17-0052

4. SCOPE OF WORK

The contractor shall perform maintenance as needed during the performance period on equipment covered to include two (2) 48 Port MPS500 Systems, with Dual Hard Drives and One (1) PeriPro license. Both systems are at MPS2.1.0. The requirements the contractor shall perform are as follows:

Provide necessary technical support to ensure the IVR continues to be operational; this may include developing, modifying software and/or replacing hardware etc.

Hardware remedial maintenance and technical support on a 24x7 coverage period.

Maintain a sufficient number of trained personnel for the operation of the IVR software and platform at all times.

Preventative Maintenance (PM): at a minimum of 2 times per calendar year with no penalty for time scheduling, perform software maintenance, e.g.

upgrades, patches; and hardware performance checks e.g., disk space, etc…, for two IVRs. One maintenance check shall be performed on‐site at the PBGC in Washington D.C., and the second check may be performed offsite with assistance from the PBGC Office of Information Technology.

After each maintenance check, the Contractor shall provide a written assessment of the state of the IVR and specifically detail recommendations for any upgrades, fixes, script changes and/or enhancements and any other appropriate actions as deemed appropriate.

To procure work by the Contractor for any recommendations submitted, a Level of Effort document shall be included.

Whenever, changes to the IVR are made, a new manual and At‐A‐ Glance document shall be created and provided to the client.

Upon request M&C will provide a Level of Effort to perform any upgrades, script changes and/or enhancements and any other appropriate actions deemed appropriate and approved by PBGC. M&C will provide a cost estimate of such changes/modifications/updates to Pension Benefit Guaranty Corporation.

The Contractor shall perform all application testing, development, software rewrites, and roll outs of the application as it pertains any upgrades, script changes, and/or enhancements.

The requested script changes shall be done in English and Spanish and the Contractor shall provide all voice talent, studio time, and any other activities pertaining to recording the script changes.

PAGE 11 OF 22 PBGC01-RQ-17-0052

Maintenance and technical services will include telephone support, problem diagnosis, remote access troubleshooting, configuration assistance, log file reviews, and corrective action planning pursuant to the appropriate Level.

Level 1 outages (loss of capacity > 50% of IVR ports) will be responded by telephone or remote access within one‐hour (60 minutes), level 2 outages (loss of capacity < 50% of IVR ports) will be responded to by telephone or remote access within 2 hours’ notice and an onsite response of (24) twenty four hours.

Level 1 outages will be escalated to the next level in 4 hours, the Chief Technical Officer within 8 hours and the President and CEO within 12 hours of down time.

Level 2 calls (e.g. questions, configuration issues, and tech support) will escalate once a week.

Level 3 calls (scheduled work) will not be escalated.

While on a technical support and maintenance agreement with M&C, and in the event that M&C determines that a software upgrade, patch or release is required in the course of performing these Services, M&C will provide a cost estimate of such software, patch, upgrade, or release to Pension Benefit Guaranty Corporation.

While on technical support and maintenance agreement with M&C, all relevant documentation (electronic or hardcopy) will be provided to Pension Benefit Guaranty Corporation at no charge upon your written request.

Where necessary provide diagnostic service to determine root cause of IVR system failure, providing technical expertise to bring the IVR system back on line to operational mode in the event of technical failure.

PAGE 12 OF 22 PBGC01-RQ-17-0052

5. REPORTING

Project Status Reports will identify all significant activities, issues and events which affect the level of maintenance servicing. The reports must include specific project controls, such as work plans and milestone charts, in order to ensure that milestones are met, and to identify and resolve system resource allocation issues.

The Contractor shall provide the Project status reports to the Contracting Officer’s Representative (COR) or designee. on the fifth business day after an IVR system outage, technical support or any other event These reports shall be brief, factual, and must include, but not be limited to:

1. Management summary ‐ must document major events or problems and progress in their resolution.

2. Narrative ‐ must describe work performed during the reporting period and work expected to be performed in the next reporting period, including assessment of project status against schedule/plan, discussions of any problems, issues, change requests, recommendations for correction, and variances between Contractor billed versus proposed pricing where applicable.

3. Provide a status of all the maintenance projects on a weekly basis.

6. SECURITY

The Contractor shall comply with all Government and local identified instructions and other security matters to ensure the government’s security requirements are met.

PAGE 13 OF 22 PBGC01-RQ-17-0052

. 3 INSTRUCTIONS TO OFFERORS

INSTRUCTIONS TO OFFERORS

1.0 RESPONSIBILITY

This contract shall be awarded only to a responsible prospective Contractor. To be determined responsible, a prospective Contractor must:

Have adequate financial resources to perform the contract, or have the ability to obtain them;

(a) Be able to comply with the required or proposed delivery or performance schedule, taking into consideration all existing commercial and governmental business commitments;

(b) Have a satisfactory performance record;

(c) Have a satisfactory record of integrity and business ethics;

(d) Have the necessary organization, experience, accounting and operational controls, and technical skills, or the ability to obtain them (including, as appropriate, such elements as production control procedures, property control systems, and quality control measures applicable to materials to be produced or services to be performed by the prospective Contractor and Subcontractors;

(e) Have the necessary production, construction, and technical equipment and facilities, or the ability to obtain them; and

(f) Be otherwise qualified and eligible to receive an award under applicable laws and regulations.

2.0 QUOTATION SUBMISSION INSTRUCTIONS

Submit One (1) electronic copy of your quotation no later than the specified time listed.

Quotations shall reference PBGCOl-RQ-17-0052.

Quotations shall be submitted via email to: Dayes.Judene@PBGC.gov and McFarlane.Patrick@PBGC.gov by May 10, 2017 at 9:00 AM EST.

3.0 QUESTIONS CONCERNING THE QUOTE

(a) All questions concerning this solicitation must be submitted in writing to the Contracting Officer, for information about any aspect of the solicitation. Prospective offerors are warned against contacting any PBGC personnel outside the Procurement Department prior to award of a contract resulting from this solicitation. If such a contact occurs and is found to be prejudicial to competing vendors, the vendor making such a contact may be excluded from award consideration.

(b) Questions will be submitted by email to Dayes.Judene@pbgc.gov AND

Mcfarlane.Patrick@PBGC.gov . Answers to inquiries/questions will be provided to all vendors being solicited, giving due regard to the proper protection of proprietary information.

(c) No information concerning this solicitation will be provided in response to telephone calls.

PAGE 14 OF 22 PBGC01-RQ-17-0052

(d) Prospective offerors are asked to submit their questions grouped by solicitation section and making reference to the particular paragraph. Questions must be submitted no later than May 8, 2017 by 1:00 PM EST. Any questions received after that may not be answered before the solicitation closing date.

4.0 CONTRACTOR’S WRITTEN QUOTATION

The contractor shall provide its quote in accordance with the Evaluation Criteria outlined herein.

PRICE

The Offeror’s quotation must include pricing for one base year, two option years and conforms to the tables in the Pricing Schedule.

PAGE 15 OF 22 PBGC01-RQ-17-0052

. 4 METHOD OF AWARD AND EVALUATION CRITERIA

METHOD OF AWARD AND EVALUATION CRITERIA

The Government will make an award to the offeror who conforms to the requirements outlined in Statement of Work and is determined to be the lowest price, technically acceptable offer. The following technical factor shall be fully addressed and will be rated as either acceptable or unacceptable. The vendor must receive an acceptable for the technical factor to receive award.

Price will be evaluated for reasonableness. The vendor is urged to examine this solicitation in its entirety and to ensure that its quotation contains all necessary information.

A. Technical Capability:

The vendor shall fully address its ability to meet the requirements outlined in the SOW.

Specifically, the vendor must address and detail each of the following in its quotation:

Provide necessary technical support to ensure the IVR continues to be operational; this may include developing, modifying software and/or replacing hardware, etc.

Hardware remedial maintenance and technical support on a 24x7 basis, including scheduled maintenance services.

Preventative Maintenance Check: at a minimum of 2 times per calendar year with no penalty for time scheduling, perform software maintenance, e.g. upgrades, patches; and hardware performance checks e.g., disk space, etc., for two IVRs.

After each maintenance check, the Contractor shall provide a written assessment of the state of the IVR and any other appropriate actions as deemed necessary to continue its operation.

Provide a level of effort for any work or any recommendations submitted.

Maintenance and technical services support shall include but not limited to the following:

telephone support, problem diagnosis, remote access troubleshooting, configuration assistance, log file reviews, and corrective action planning pursuant to the appropriate Level.

Level 1 outages (loss of capacity > 50% of IVR ports) will be responded to by the Contractor within 1 hour (60 minutes) via remote access or provide on-site support within four hours.

Level 2 outages (loss of capacity < 50% of IVR ports) will be responded to by the Contractor within 2 hours via remote access or provide on-site support within five hours.

B. Price

Price will be evaluated to determine reasonableness. The vendor must provide pricing for the base year and all option years.

PAGE 16 OF 22 PBGC01-RQ-17-0052

. 5 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (JAN 2017)

(Reference 52.212-4)

. 6 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--

COMMERCIAL ITEMS (JAN 2017)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

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

(4) 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:

(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 and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2016) (Pub. L. 109-282) (31 U.S.C. 6101 note).

(5) [Reserved]

(6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

(7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (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.

(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.

(16) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)).

(17)

(i) 52.219-9, Small Business Subcontracting Plan (JAN 2017) (15 U.S.C. 637(d)(4)).

(ii) Alternate I (Nov 2016) of 52.219-9.

(iii) Alternate II (Nov 2016) of 52.219-9.

(iv) Alternate III (Nov 2016) of 52.219-9.

(v) Alternate IV (Nov 2016) 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 (JAN 2017) (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)).

PAGE 17 OF 22 PBGC01-RQ-17-0052

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

(22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a) (2)).

(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

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

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

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

13126).

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

XX (28) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

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

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

13627).

(ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 7 and E.O. 13627).

XX (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

(35) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016). (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph 52.212-5(b)(35): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(36) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016).

(37) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C.6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

(38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun, 2016) (E.O. 13693).

(39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun, 2016) (E.O. 13693).

(40) (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.

(41) (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.

(42) 52.223-15, Energy Efficiency in Energy-Consuming Products(Dec 2007) (42 U.S.C. 8259b).

(43) (i) 52.223-16, Acquisition of EPEAT(R)-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

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

XX (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

(45) 52.223-20, Aerosols (Jun, 2016) (E.O. 13693).

(46) 52.223-21, Foams (Jun, 2016) (E.O. 13693).

(47) (i) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(ii) Alternate I (JAN 2017) of 52.224-3.

(48) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

(49) (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.

(50) 52.225-5, Trade Agreements (Oct 2016) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

PAGE 18 OF 22 PBGC01-RQ-17-0052

(51) 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).

(52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

(54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

(55) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C.

2307(f)).

(56) 52.232-30, Installment Payments for Commercial Items (Oct 1995)(41 U.S.C. 4505, 10 U.S.C.

2307(f)).

XX (57) 52.232-33, Payment by Electronic Funds Transfer - System for Award Management (Jul 2013) (31 U.S.C. 3332).

(58) 52.232-34, Payment by Electronic Funds Transfer - Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

(59) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

(60) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

(61) 52.242-5, Payments to Small Business Subcontractors (JAN 2017)(15 U.S.C. 637(d)(12)).

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

(ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

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

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

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

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

(5)52.222-44, Fair Labor Standards Act and Service Contract Labor Standards--Price Adjustment (MAY 2014) (29 U.S.C 206 and 41 U.S.C. chapter 67).

(6)52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (MAY 2014) (41 U.S.C.

chapter 67).

(7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

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

(9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C.

1792).

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

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records- Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor`s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph

PAGE 19 OF 22 PBGC01-RQ-17-0052

(e)(1)in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause--

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

(ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (JAN 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(iii) 52.219-8, Utilization of Small Business Concerns (Nov 2016) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

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

(vi) 52.222-26, Equal Opportunity (Sept 2016) (E.O. 11246).

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

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

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

(x) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

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

(xii) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627). Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xiii) 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.)

(xiv) 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)

(xv) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989).

(xvi) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015).

(xvii) 52.222-59, Compliance with Labor Laws (Executive Order 13673) (Oct 2016) (Applies at $50 million for solicitations and resultant contracts issued from October 25, 2016 through April 24, 2017;

applies at $500,000 for solicitations and resultant contracts issued after April 24, 2017).

Note to paragraph (e)(1)(xvii): By a court order issued on October 24, 2016, 52.222-59 is enjoined indefinitely as of the date of the order. The enjoined paragraph will become effective immediately if the court terminates the injunction. At that time, DoD, GSA, and NASA will publish a document in the Federal Register advising the public of the termination of the injunction.

(xviii) 52.222-60, Paycheck Transparency (Executive Order 13673) (Oct 2016)).

(xix) 52.222-62 Paid Sick Leave Under Executive Order 13706 (JAN 2017) (E.O. 13706).

(xx) (A) 52.224-3, Privacy Training (JAN 2017) (5 U.S.C. 552a).

(B) Alternate I (JAN 2017) of 52.224-3.

(xxi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

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

1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

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

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

(End of Clause)

. 7 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 1 day prior to expiration of the period of performance.

PAGE 20 OF 22 PBGC01-RQ-17-0052

. 8 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 36 months

. 9 52.247-34 F.O.B. DESTINATION (NOV 1991)

(Reference 52.247-34)

. 10 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

www.acquisition.gov

(End of Provision)

. 11 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

www.acquisition.gov

. 12 PBGC 52.232-7000 SUBMISSION OF INVOICES (FIXED-PRICE) (APR 2017)

(a) 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 to: InvoiceManager@pbgc.gov.

(b) To constitute a proper invoice, the invoice must include the information listed below.

(1) Name and address of the contractor.

(2) Invoice date and number.

(3) Contract number, contract line item number, and, if applicable, the order number.

(4) Description, quantity, unit of measure, unit price, and extended price of the items delivered.

(5) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on a Government bill of lading.

PAGE 21 OF 22 PBGC01-RQ-17-0052

(6) Terms of any discount for prompt payment offered.

(7) Name, title, phone number, e-mail address, and mailing address of official to whom payment is to be sent.

(8) Name, title, phone number, e-mail address, and mailing address of official to notify in the event of an improper invoice.

(9) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(10) Electronic Funds Transfer (EFT) banking information.

(i) The contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

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

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

(c) Substantiating documentation to be submitted with invoices must include copies of receipts or bills, and proof of payment for any authorized other direct costs for which the contractor is requesting reimbursement.

. 13 PBGC 52.239-7000 SECTION 508 ACCESSIBILITY STANDARDS (MAR 2016)

(a) The Pension Benefit Guaranty Corporation (PBGC) is required by Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794d), to insure that all electronic and information technology (EIT) is accessible to individuals with disabilities within its employment and for all members of the public with disabilities who are seeking to do business with the PBGC. Access must be comparable to that which is offered to similar individuals who do not have disabilities.

(b) The Section 508 accessibility standards have been prescribed by the Architectural and Transportation Barriers Compliance Board ("Access Board") and incorporated in the Federal Acquisition Regulation. (See http://www.access-board.gov/sec508/508standards.htm and 36 CFR 1194.) These same accessibility standards have been approved by the PBGC Technical Review Board and adopted by the PBGC Office of Information Technology Governance and Compliance Board.

(c) All EIT procured through this contract must meet the applicable accessibility standards which have been promulgated by the Access Board and adopted by the PBGC. Further information on the applicable accessibility standards can be found in the Requirements Section of this solicitation and the resulting contract.

(d) All contract deliverables must conform to the applicable Section 508 accessibility standards as specified in the Requirements Section of this solicitation and the resulting contract.

(e) No contract deliverables will be accepted as final deliverables until the contractor demonstrates to the Contracting Officer's Representative (COR) that the deliverables comply with the applicable Section 508 accessibility standards. In the event of a dispute between the contractor and the COR as to whether the contract deliverables satisfy the accessibility standards, the COR's assessment of Section 508 compliance will control. The contractor shall make all additional changes to the contract deliverables required by the COR's assessment at no additional charge to PBGC.

. 14 PBGC 52.239-7001 INFORMATION TECHNOLOGY SOLUTIONS LIFE CYCLE MANAGEMENT (MAR 2016)

(a) The contractor is responsible for adhering to the version of the Pension Benefit Guaranty Corporation (PBGC) Information Technology (IT) policies, processes, procedures and standards for managing the delivery of any IT solutions required by this contract, including the Information Technology Solutions Life Cycle Management (ITSLCM) framework, which exists as of the date of contract award. All contract deliverables shall cite the version of the ITSLCM being followed.

(b) The contractor shall adhere to the current version of the Technical Reference Model (TRM) for all products and technology required by this contract. All contract deliverables shall cite the version of the TRM being followed.

PAGE 22 OF 22 PBGC01-RQ-17-0052

(c) The contractor shall conform to and, to the extent permitted within the scope of this contract, further the implementation of PBGC's Enterprise Target Architecture and its principles.

(d) The contractor shall use an industry best practice modular development methodology such as Agile, Waterfall, or Iterative and shall submit deliverables in at least six-month increments. In coordination with the COR, the contractor shall finalize the appropriate ITSLCM deliverables as directed and support the COR in complying with the requirements of the IT Governance Coordination Board.

(e) In regard to costs and associated data, the contractor shall

(1) Categorize, track, and report the total life cycle costs, including the costs of planning, development/modernization/enhancement (DME), steady state, labor, capital and other assets, of IT solutions;

(2) Establish, track, and report cost and schedule data for IT programs and projects in the PBGC-provided system of record (unless a different tool is approved by the Chief Information Officer or the designee); and

(3) Ensure IT program and project life cycle costs and schedules are baselined properly, that Earned Value Management metrics for DME projects are reported in a timely manner, and that corrective actions are exercised as necessary.

(f) The COR will use the PBGC-provided system of record (or the approved alternative tool) as the primary source to verify the contractor's invoices.

(g) The contractor shall work with the COR to identify appropriate members and stakeholders for any Integrated Program Team.

(h) The contractor shall work with the COR and Information System Owners to maintain separation of duties and to determine…