RFQ-CSSN Continuation Pages.pdf

RFQ# 2031JW24Q00047

Corporate Establishment Data

RFQ-CSSN Continuation Pages

SECTION II

A. SOLICITATION

A.1 SOLICITATION OVERVIEW

The Office of the Comptroller of the Currency (OCC), Office of Acquisition Management (AQM) on behalf of the OCC’s Supervision Risk and Analysis (SRA) Division, is seeking the procurement of Corporate Establishment Data.

The solicitation, is being issued in accordance with FAR 12 for Acquisition of Commercial Products and Commercial Services, using the procedures under FAR 13.5—Simplified Procedures for Certain Commercial Products and Commercial Services, and incorporates provisions and clauses in effect through Federal Acquisition Circular 2024-05. As a result of this solicitation, the Government will establish a single-award contract for data.

The Government will be restricting this procurement as a Total Small Business Set-Aside; however, the awarded Contractor shall be registered in the System for Award Management (SAM) at time of solicitation close. The resulting contract shall be for a period not to exceed 60 months (5 years), excluding any extension of services.

A.2 CONTRACT TYPE

The resulting contract will be of a firm-fixed-price (FFP) type as noted by contract line-item numbers (CLINs) below.

B. SUPPLIES/SERVICES AND PRICES

B.1 SUPPLIES/SERVICES PRICING TYPES

The pricing used under the resulting contract shall be applied according to the contract type established by the CLIN.

The Contractor shall provide services and invoice on a firm-fixed-price (FFP) basis. The CLIN structure and tasks listed in the tables below shall represent the Contractor’s all-inclusive pricing for furnishing all technical, management, supervision, labor, materials, licensing, and any other support necessary to provide the services as described in Section II, C —Description of Services (Statement of Work) of this document. Contract line-item (CLIN) prices shall be quoted as identified in Attachment A – Pricing-Cost Schedule, in its entirety.

The resulting contract will consist of a 12-month base period and four 12-month option periods as identified in the tables below. The option periods will be exercised at the discretion of the Government, consistent with FAR Clause 52.217-9 Option to Extend the Term of the Contract. The Contractor shall note that CLIN 5001 is established in support of an extension of services, if necessary, for continued support beyond the 60-month contract period, not to exceed 6 additional months, consistent with FAR Clause 52.217-8 Option to Extend Services.

B.1.1 Base Period (August 16, 2024 – August 15, 2025)

CLIN Type Task Qty Unit/

Amount

0001 FFP

Corporate Establishment Data, Updates, Accessibility, Technical Support, and Data Frequency, Documentation, Deliverable Format, Customer Service, Access, Delivery, Usage, and End of Contract Treatment, (Ref. Section II, C.

Description of Services)

1 EA

TOTAL COST FOR BASE PERIOD

B.1.2 Option Period One (August 16, 2025 – August 15, 2026)

CLIN Type Task Description Qty

1001 FFP

Accessibility, Technical Support, and Data Frequency, Documentation, Deliverable Format, Customer Service, Access, Delivery, Usage, and End of Contract Treatment, (Ref. Section II, C.

Description of Services)

TOTAL COST FOR OPTION PERIOD ONE

B.1.3 Option Period Two (August 16, 2026 – August 15, 2027)

2001 FFP

Accessibility, Technical Support, and Data Frequency, Documentation, Deliverable Format, Customer Service, Access, Delivery, Usage, and End of Contract Treatment, (Ref. Section II, C.

Description of Services)

TOTAL COST FOR OPTION PERIOD TWO

B.1.4 Option Period Three (August 16, 2027 – August 15, 2028)

3001 FFP

Accessibility, Technical Support, and Data Frequency, Documentation, Deliverable Format, Customer Service, Access, Delivery, Usage, and End of Contract Treatment, (Ref. Section II, C.

Description of Services)

TOTAL COST FOR OPTION PERIOD THREE

B.1.5 Option Period Four (August 16, 2028 – August 15, 2029)

4001 FFP

Accessibility, Technical Support, and Data Frequency, Documentation, Deliverable Format, Customer Service, Access, Delivery, Usage, and End of Contract Treatment, (Ref. Section II, C.

Description of Services)

1 EA

TOTAL COST FOR OPTION PERIOD FOUR

TOTAL COST FOR BASE PLUS ALL OPTION PERIODS

B.1.6 6-Month Extension—if exercised (August 16, 2029 – February 15, 2030)

5001 FFP

Accessibility, Technical Support, and Data Frequency, Documentation, Deliverable Format, Customer Service, Access, Delivery, Usage, and End of Contract Treatment, (Ref. Section II, C.

Description of Services)

1 EA

TOTAL COST FOR OPTION PERIOD FOUR EXTENSION

TOTAL COST FOR ALL OPERATING PERIODS PLUS 6-MONTH

EXTENSION)

C. DESCRIPTION OF SERVICES (STATEMENT OF WORK)

C.1 Background The Office of the Comptroller of the Currency (OCC) charters, regulates, and supervises all national banks and federal savings associations as well as federal branches and agencies of foreign banks. The OCC is an independent bureau of the U.S. Department of the Treasury. Headquartered in Washington, DC, the OCC's mission is to ensure national banks and federal savings associations operate in a safe and sound manner, provide fair access to financial services, treat customers fairly, and comply with applicable laws and regulations.

The OCC is researching the potential impact of climate change on the safety and soundness of the banking system in the United States. A key component of this research is evaluating the impact of physical risks on facilities like commercial real estate, manufacturing/industrial facilities, and agricultural structures. The agency is committed to protecting data confidentiality and only aggregates results (e.g., regression coefficients and tabular and graphical summaries of data that do not reveal information about individual records) will be published and/or shared with external co-authors.

C.2 Objective The Contractor must provide data on commercial facilities at the property-level. These facilities or “corporate establishments” are real estate, manufacturing/industrial facilities, and agricultural structures. These corporate establishment data must cover the last 10 years, although more coverage is preferable.

C.3 Scope of Work This section encompasses all activities necessary to provide the OCC with corporate establishment data. The Contractor must provide:

3.1 Corporate Establishment Data – Technical Requirements

3.1.1 Corporate Establishment Data

The Corporate Establishment Data must have the following components:

The coverage of the data must be nationwide. The Government is interested in data on commercial facilities such as commercial real estate, manufacturing/industrial facilities, and agricultural structures. All observations should have latitude and longitude coordinates at the 30-100m precision. Standardized postal addresses must also be available; noting more coverage is preferred.

The data must be historical. The OCC requires data going back 10 years, though more data is preferred. The data must be possible to identify the history of firms/organizations that have operated at a given address over the 10-year period, or more.

The data must contain detailed information on the businesses operating at each establishment. The data must include information on the firm’s name, industry classification (Standard Industrial Classification (SIC), North American Industrial Classification System (NAICS), or both), establishment-level employment, and sales data. Other company identifiers enabling the OCC to merge with other data sets such as a stock/equity ticker, tax identification number, Committee on Uniform Security Identification Procedures (CUSIP) number, Global Company Key (GVKEY), Legal Entity Identifier (LEI) number, or PERMNO are not required but preferred. The data must also contain information on the linkages between establishments.

Linkages shall include reference to parent companies, headquarters, and other branches of the firm like manufacturing facilities for example.

3.2 Corporate Establishment Data – Updates

The Corporate Establishment Data must be updated annual. Changes to the data sets or the inclusion of new data must be clearly identified in each update. A data quality report must be provided with each annual update. This report must specify, for each variable, identify key statistics that are related to data quality, including, for continuous variables, (but not limited to) missing data, outliers, means, medians, minimum, 1st, 10th, 25th, 50th, 75th, 90th, 99th percentile, maximum, standard deviation, and other relevant metrics (such as the number of recorded establishments (total, by state, etc.), number of past/historical data values that have been changed or updated, and changes in business names/ownership). For categorical variables, frequency of missing data needs to be specified. Shifts in data quality, such as large increases in missing data, are to be reported.

If methodology in the report has been updated, documentation must be provided that provides evidence of conceptual soundness and robustness of the new models.

3.3 Corporate Establishment Data – Accessibility

The Corporate Establishment Data must be available to allow OCC employees and Contractors to extract data and convert them into a standard database program. The Contractor must allow data provided under this contract to be: (1) used by any OCC employee and/or Contractor working for OCC on OCC projects requiring the data, regardless of location; (2) merged with other data sources; (3) used to make public presentations of analysis of the data sets, in written, graphical or chart form; (4) analyzed for the purpose of publishing journal articles, working papers, or other articles; and (5) used in the OCC’s bank examination role by OCC employees and all necessary OCC contractors supporting the role.

The OCC requires the following data rights upon contract termination at a minimum:

OCC shall be allowed to maintain an archival copy of the data for statutory and regulatory record keeping purposes; and All products (research papers, white papers, presentations, etc.) derived and/or created using the Corporate

Establishment Data may remain in public forums (if applicable), and if data is comingled with other OCC data, it does not have to be removed from any derived and /or created products.

It is preferred the OCC maintains the right to continue works in progress with already downloaded data and/or use the aggregated results for internal work or external publication.

Each document delivered electronically must meet the above accessibility requirements standards, which enables the OCC to share the information internally with individuals with disabilities.

3.4 Corporate Establishment Data – Technical Support

The Contractor must provide technical support to OCC Users1 of the data, including guiding OCC Users through the download and use of the data.

Any observable degradation by the OCC in data quality, such as an increase in missing count or outliers for variables in the data, must be addressed and corrected by the Contractor within 1 week of identification.

Timely and efficient technical support is required. Technical questions from the OCC should be responded to within 24 hours, or sooner, depending upon the complexity of the question.

C.4 Data Frequency, Documentation, Deliverable Format, Customer Service, Usage, and End of Contract Treatment

4.1 Data Frequency. The Contractor shall update its Corporate Establishment data nationwide annually, including any new properties and any other available information. The data must be delivered electronically in Excel/csv and PDF file formats.

4.2 User Documentation.

4.2.1 Data Dictionary - The Contractor shall provide a data dictionary of its Corporate

Establishment data with methodology and validation documentation upon release of new versions of its Corporate Establishment data model(s). The Data Dictionary must be provided electronically in Excel/csv format that addresses the following information for every variable included in the data:

i. the field or variable name;

ii. the data type (e.g., integer, character);

iii. the precision and length of the field; and

iv. a detailed definition of the field.

If the variable contains categorical variables, the documentation must clearly define each of the categories associated with each variable.

4.2.2 Methodology - The Contractor shall provide a Methodology document electronically in pdf format that summarizes how and where data was collected and how it was cleaned and aggregated for distribution.

4.2.3 Data Quality Report – The contractor shall provide a Data Quality Report electronically in pdf format describing any changes in coverage, quality, or structuring of the data files.

4.3 Data Deliverable Format - data set(s) must be delivered as electronic files. The preferred method of data transfer by order of preference is:

SnowFlake API/Cloud to Cloud transfer Secure Bulk Data Transfer. The Contractor shall place the Corporate Establishment data on an internal, secured server that it operates and makes available to the OCC via secure file transfer protocol (SFTP). The OCC intends to pull the Corporate Establishment database(s) via SFTP daily and store the files on an internal, secure OCC server.

Individual Portal transfer Regardless of data transfer method:

1 For the purposes of this RFQ, the term “OCC Users” is defined as any OCC federal employee using the data and/or any Contractor of OCC’s using the data in support of OCC.

o only OCC employees authorized or supporting contractors will have access to the Corporate Establishment data.

o The contractor shall assist the OCC with the initial set up of the file transfer process and shall continue assisting the OCC to address any technical/computer problems that may develop regarding the data trasnsfer process over the course of the contract

The data files must be stored in csv or compressed csv format or a mutually agreed upon format.

4.4 Customer Service. The Contractor shall respond to questions from OCC users within at least 2 business days. The Contractor must ensure OCC users are able to ask questions or obtain clarifications regarding the Corporate Establishment data by contacting appropriate Contractor personnel via email or through the Contractor’s website portal;

4.5 Data Usage.

4.5.1 The Contractor must authorize the OCC to share analysis of the data with all other OCC employees regardless of location.

4.5.2 The Contractor must authorize OCC use of the data to conduct research and analysis that the

OCC may publicly disseminate. The Contractor must authorize OCC to release its Corporate Establishment data to the public in summary form.

4.5.3 The Contractor authorizes OCC to use the Corporate Establishment data to co-author works with non-OCC personnel, provided non-OCC personnel only have access to aggregated data and results of research and analysis.

4.6 Data Treatment at End of Contract. At the end of the contract, at a minimum, the OCC requires data rights to allow OCC to archive data for regulatory and statutory record-keeping purposes.

C.5 Contractor Furnished Personnel The Contractor shall identify a point of contact (POC) to interface with the OCC-designated Technical Point of Contract (TPOC).

C.6 Section 508 508 of the Rehabilitation Act, as amended by the Workforce Investment Act of 1998 (P.L. 105-220) requires that when Federal agencies develop, procure, maintain, or use information and communication technology (ICT), it shall be accessible to people with disabilities. Federal employees and members of the public who have disabilities must have access to, and use of, information and data that is comparable to people without disabilities. As such, the following requirements apply to this solicitation:

a. Products, platforms and services delivered as part of this work statement that are ICT, or contain ICT, must conform to the Revised 508 Standards, which are located at 36 C.F.R. § 1194.1 & Apps. A, C & D, and available at https://www.access-board.gov/guidelines-and-standards/communications-and-it/about-the-ict-refresh/final-rule/text-of-the-standards-and-guidelines.

b. E102 / 702.10 – Web Content Accessibility Guidelines (WCAG) 2.0 guidelines success criteria level A

& AA are incorporated as a requirement. The referenced WCAG criteria is available at http://www.w3.org/TR/WCAG20/.

c. A completed Accessibility Conformance Report (ACR) found at https://www.itic.org/policy/accessibility/vpat, using Voluntary Product Accessibility Template (VPAT) Revised Section 508 Edition, Version 2.5, is required to assist the Government in determining that the ICT products or services support Section 508 accessibility standards.

d. E202 – No General Exceptions Authorized by OCC.

The following items in this SOW are identified as containing ICT:

a. Web-based Intranet and Internet Information and Applications

b. Information, Documentation, and Support

Applicable Functional Performance Criteria: All functional performance criteria apply when using an alternative design or technology that achieves substantially equivalent or greater accessibility and usability by individuals with disabilities than would be provided by conformance to one or more of the requirements in Chapters 4-6 of the Revised 508 Standards, or when Chapters 4-6 do not address one or more functions of ICT.

Applicable requirements for software and Web products:

a. E207 – Web Content Accessibility Guidelines (WCAG) Level A & AA Success Criteria

b. E302 – Functional Performance Criteria

c. E502 – Interoperability with Assistive Technology

d. E503 – Application

e. E504 – Authoring Tool

f. E501 – Web-based applications, independent of platform services

Applicable requirements for electronic documents and/or support services:

a. E205 – WCAG Level A & AA Success Criteria

b. E302 – Functional Performance Criteria

c. E602 – Support Documentation

d. E603 – Support Services

C.7 SECURITY AND PRIVACY REQUIREMENTS

7.1 Compliance with Applicable Laws, Regulations, and Standards

Secure User-to-Cloud Communications Standards. All user-to-cloud service communications (e.g., via internet) must be encrypted with the latest industry standard browser protocol.

7.2 General Requirements

The contractor shall not host any portion of the information, information system, infrastructure, or environment in facilities outside the contiguous United States, Alaska, Hawaii, and other U.S. Territories.

7.3 Configuration Management

Not applicable.

7.4 Continuous Monitoring

Not applicable.

7.5 Data Protection

Data Encryption. Where encryption is required, as specified by the OCC, the contractor shall ensure that encryption is established and maintained for data at rest and in transit for the duration of the contract. The encryption employed shall be equivalent to those approved in Federal Information Processing Standards (FIPS) Publication 140-2 or 140-3.

General Use of Controlled Unclassified Information (CUI). The contractor shall not use any CUI or CUI subcategories, including, Personally Identifiable Information (PII) or low-sensitivity PII (e.g., E-mail Groups and Lists), for any purpose other than those activities necessary to the performance of this contract.

7.6 Incident Response

Notification. The contractor must report all information security incidents that potentially or actually cause the compromise of OCC information, even if the contractor believes the security incident may be limited, small, or insignificant with respect to OCC data or systems. The OCC will determine when the contractor's reported security incident requires additional focus and attention.

The contractor must report the security incident information to the OCC Cyber Defense Center (CDC):

computer.security@occ.treas.gov, (202) 649-7930, regardless of day or time.

Information, System and Tool Availability. In the case of a reported security incident, the contractor shall provide the OCC with access to the contractor's system and/or facilities within 72 hours of the OCC's request.

7.7 System Access

The system should implement a multi-factor authentication for remote users.

7.8 Supply Chain Risk Management

Background. In accordance with Federal requirements, the OCC requires supply chain entities to implement necessary security safeguards to: (i) reduce the likelihood of unauthorized modifications at each stage in the supply chain; and (ii) protect information systems and information system components, prior to taking delivery of such systems/components. This control also applies to information system services.

Supply Chain Safeguards. The contractor should:

a. Implement security and privacy controls for systems, facilities, and external connections to systems as necessary to ensure compliance with the laws, regulations, and standards.

b. Implement personnel screening processes to ensure suitability in accordance with relevant standards and requirements.

c. Avoid the purchase of custom configurations to reduce the risk of acquiring information systems, components, or products that have been corrupted via supply chain actions targeted at specific organizations.

d. Vet the processes and security practices of subordinate suppliers, critical information system components, and services.

e. Employ a diverse set of suppliers to limit the potential harm from any given supplier in the supply chain.

f. Implement contract language regarding the prohibition of tainted or counterfeit components.

g. Restrict purchases from specific suppliers or countries per requirements issued by the U.S.

Department of Homeland Security (DHS) and/or Federal Acquisition Security Council, as these requirements pertain to the management of supply chain risk for Federal Agencies.

D. PACKAGING AND MARKING

The Contractor shall meet required retrieval by electronic file transfer. Changes to these instructions shall be coordinated with the TPCO and may require incorporation by formal modification as deemed by the Contracting Officer (CO).

E. INSPECTION AND ACCEPTANCE

The Contractor’s services and deliverables will be reviewed and inspected for acceptance on a recurring basis by the 7th day of the subsequent month after each quarter.

F. DELIVERIES AND PERFORMANCE

F.1 Place of Performance The place of performance will be at the Contractor’s facility. The Contractor shall participate at a postaward orientation virtually. The Contractor shall note the following federal holidays observed regarding deliverables scheduling accordingly.

OCC’s Observed Federal Holidays

Federal Holidays Designated Dates

New Year’s Day January 1

Martin Luther King’s Birthday Third Monday in January

President’s Day Third Monday in February

Memorial Day Last Monday in May

Juneteenth Independence Day June 19

Independence Day July 4

Labor Day First Monday in September

Columbus Day Second Monday in October

Veterans’ Day November 11

Thanksgiving Day Fourth Thursday in November

Christmas Day December 25

F.2 Period of Performance The Government anticipates a single award contract that includes a 12-month base period, and four 12-month option periods. If options are exercised via a formal modification executed by the Government, the total contract period shall not exceed 60 months (5 years). However, the Government may seek to extend services through a 6-month period, under FAR 52.217-8, Option to Extend Services (NOV 1999) (see below for details). The following identifies the anticipated operating periods under any resulting contract:

Base Period August 16, 2024 – August 15, 2025 Option Period One August 16, 2025 – August 15, 2026 Option Period Two August 16, 2026 – August 15, 2027 Option Period Three August 16, 2027 – August 15, 2028 Option Period Four August 16, 2028 – August 15, 2029

Extension Period August 16, 2029 – February 15, 2030 (Up to 6 Months of Services); as necessary

F.3 High-Level Delivery Schedule

F.3.1 Deliverables Schedule Table

Deliverable and General Description Due Date Deliverable Recipient

Delivery Medium and Format

Data Sources. (C.4) Within 30 days of contract start and within 15 days of annual update.

COR

See C.4.3

Annual data updates. (C.4.1) Within 30 days of

Data Dictionary. Clear definitions of all data items provided. (C.4.2.1)

Within 30 days of contract start and within 15 days of

Methodology. A detailed explanation of procedures by which the Data were developed. (C.4.2.2)

Within 30 days of contract start and within 15 days of

Data Quality Reports. A description of any changes in coverage, quality, or structuring of the data files. (C.4.2.3)

Within 30 days of contract start and within 15 days of annual

COR See C.4.2.3

The Contractor must, throughout the course of performance of the contract, provide responses to clarifying questions regarding any deliverable when requested by the Contracting Officer’s Representative (COR) within 24 hours. Due to the complex nature of some questions, the COR may allow a longer period for clarifying responses. Any Contractor requests for additional time must be made to the COR in writing or contact the Contracting Officer if there is a dispute with the COR’s direction.

G. CONTRACT ADMINISTRATION DATA

The individuals listed below are identified as authorized officials by the agreeing parties for the duration of which a resulting contract is awarded. Authorization of any changes to the resulting contract can only be performed by the Contracting Officer (CO) through formal modification See Section I., 1052.243-8001 Authorized Changes Only by the Contracting Officer. The Contracting Officer will appoint a COR to the contract for contractual and operational matters. See Section I., 1052.201-8000 Contracting Officer’s Representative (COR) Delegation and Authority, for further details.

G.1 Contract Administration Team (Government and Industry) Contracting Officer (CO):

Anethra Facione, OCC Office of Acquisition Management (AQM) 400 7th Street, SW, Washington, DC 20219 Email: Anethra.Facione@occ.trea.gov Phone: 202.880.0634

Contract Specialist (CS):

Erika Eam, OCC Office of Acquisition Management (AQM) 400 7th Street, SW, Washington, DC 20219 Email: Erika.Eam@occ.treas.gov Phone: 202.340-9947

Contracting Officer’s Representative (COR):

TBD, OCC Supervision Risk and Analysis (SRA) Division 400 7th Street, SW, Washington, DC 20219 Email: TBD Phone: XXX.XXX.XXXX

Contractor’s Primary POC:

TBD:

Email: TBD@company.com Phone: XXX.XXX.XXXX

SECTION III – CLAUSES AND OTHER TERMS AND CONDITIONS

A. CONTRACT CLAUSES

FAR 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.

Department of Treasury Acquisition Regulation (DTAR) Clauses Incorporated by Reference may be accessed electronically at the DTAR website: https://www.acquisition.gov/dtar

FAR Clause Title Date 52.204-13 System For Award Management Maintenance OCT 2018 52.204-18 Commercial and Government Entity Code Maintenance AUG 2020

FAR Clause Title Date 52.212-4 Contract Terms and Conditions – Commercial Products and

Commercial Services

NOV 2023

52.227-14 Rights in Data – General MAY 2014

52-227-18 Rights in Data – Existing Works DEC 2007 52.232-40 Providing Accelerated Payments to Small Business

Subcontractors

MAR 2023

DTAR 1052.232-7003 Electronic submission of payment requests APR 2015

DTAR 1052.210-70 Contractor Publicity APR 2015

A.1 FAR CLAUSES INCORPORATED BY FULL TEXT

FAR 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (DEC 2023)

(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 products and commercial services:

(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) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31

U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).

(7) 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 products and commercial services:

X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) (41 U.S.C. 4704 and 10 U.S.C. 4655).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of

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

__ (4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a).

X (5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (6) [Reserved].

__ (7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

X (9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

X (10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) (Pub. L. 115–390, title

II).

X (11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

X (ii) Alternate I (Dec 2023) of 52.204–30.

X (12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors

Debarred, Suspended, or Proposed for Debarment. (Nov 2021) (31 U.S.C. 6101 note).

X (13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct

2018) (41 U.S.C. 2313).

__ (14) [Reserved].

__ (15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) (15 U.S.C. 657a).

__ (16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct

2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (17) [Reserved] __ (18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-6.

__ (19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) (15 U.S.C. 644).

__ (ii) Alternate I (Mar 2020) of 52.219-7.

X (20) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (15 U.S.C. 637(d)(2) and (3)).

__ (21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) (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 (Jun 2020) of 52.219-9.

__ (v) Alternate IV (Sep 2023) of 52.219-9.

__ (22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (Mar 2020) of 52.219-13.

__ (23) 52.219-14, Limitations on Subcontracting (Oct 2022) (15 U.S.C. 637s).

__ (24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) (15 U.S.C. 637(d)(4)(F)(i)).

__ (25) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Oct 2022)

(15 U.S.C. 657f).

X (26) (i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2023)( 15 U.S.C.

632(a)(2)).

__ (ii) Alternate I (Mar 2020) of 52.219-28.

__ (27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged

Women-Owned Small Business Concerns (Oct 2022) (15 U.S.C. 637(m)).

__ (28) 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 (Oct 2022) (15 U.S.C. 637(m)).

__ (29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) (15 U.S.C.

644(r)).

X (30) 52.219-33, Nonmanufacturer Rule (Sep 2021) (15 U.S.C. 637(a)(17)).

X (31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

X (32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Nov 2023).

X (33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

X (34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

__ (ii) Alternate I (Feb 1999) of 52.222-26.

X (35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (Jul 2014) of 52.222-35.

X (36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

__ (ii) Alternate I (Jul 2014) of 52.222-36.

X (37) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

X (38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec

2010) (E.O. 13496).

X (39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

X (40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (41) (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.)

__ (42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

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

__ (45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and

13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) (42 U.S.C. 8259b).

__ (47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015)

(E.O.s 13423 and 13514).

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

X (48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020)

(E.O. 13513).

__ (49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693).

__ (50) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (Jan 2017) of 52.224-3.

__ (52) (i) 52.225-1, Buy American-Supplies (Oct 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (Oct 2022) of 52.225-1.

__ (53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) (19 U.S.C.

3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 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 [Reserved].

__ (iii) Alternate II (Dec 2022) of 52.225-3.

__ (iv) Alternate III (NOV 2023) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (54) 52.225-5, Trade Agreements (NOV 2023) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (56) 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. Subtitle A, Part V, Subpart G Note).

__ (57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) (42

U.S.C. 5150).

X (59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021).

__ (60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

__ (61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov

2021) (41 U.S.C. 4505, 10 U.S.C. 3805).

X (62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018)

(31 U.S.C. 3332).

__ (63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management

(Jul 2013) (31 U.S.C. 3332).

__ (64) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

X (65) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)).

__ (67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46

U.S.C. 55305 and 10 U.S.C. 2631).

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

__ (iii) Alternate II (Nov 2021) 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 products and commercial services:

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41

U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(Multiple Year and Option Contracts) (Aug 2018) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment

(May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

1792).

(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, as defined in FAR 2.101, on the date of award of this contract, 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 (e)(1), in a subcontract for commercial products or commercial services. 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 (Nov 2021) (41 U.S.C. 3509).

(ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(iii) 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)).

(iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

(B) Alternate I (Dec 2023) of 52.204–30.

(viii) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

(xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212).

(xiv) 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.

(xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O

13627).

(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(xvii) 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).

(xviii) 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).

(xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989).

(xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

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

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

(xxiii) 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. Subtitle A, Part V, Subpart G Note).

(xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C.

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

(xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40.

(xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 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 products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) Alternate I (Feb 2000). As prescribed in 12.301 (b)(4)(i), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to "paragraphs (a), (b), (c), or (d) of this clause" in the redesignated paragraph (d) to read "paragraphs (a), (b), and (c) of this clause".

Alternate II (Dec 2023). As prescribed in 12.301 (b)(4)(ii), substitute the following paragraphs (d)(1) and (e)(1) for paragraphs (d)(1) and (e)(1) of the basic clause as follows:

(d)(1) The Comptroller General of the United States, an appropriate Inspector General appointed under section 3 or 8 G of the Inspector General Act of 1978 (5 U.S.C. App.), or an authorized representative of either of the foregoing officials shall have access to and right to—

(i) Examine any of the Contractor’s or any subcontractors’ records that pertain to, and involve transactions relating to, this contract; and

(ii) Interview any officer or employee regarding such transactions.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), and (c), of this clause, the

Contractor is not required to flow down any FAR clause in a subcontract for commercial products or commercial services, other than—

(i) Paragraph (d) of this clause. This paragraph flows down to all subcontracts, except the authority of the Inspector General under paragraph (d)(1)(ii) does not flow down; and

(ii) Those clauses listed in this paragraph (e)(1). Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

(A) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) (41 U.S.C. 3509).

(B) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of

2009 (Jun 2010) (Section 1553 of Pub. L. 111-5).

(C) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) (41 U.S.C. 4712).

(D) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or

Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91).

(E) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance

Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(F) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328).

(G)__ (1) 52.204–30, Federal Acquisition Supply Chain Security Act Orders— Prohibition. (Dec 2023) (Pub. L. 115–390, title II).

__ (2) Alternate I (Dec 2023) 52.204-30.

(H) 52.219-8, Utilization of Small Business Concerns (Sep 2023) (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 the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(J) 52.222-26, Equal Opportunity (Sep 2016) (E.O. 11246).

(K) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212).

(L) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793).

(M) 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.

(N) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67).

(O) __ (1) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O

13627).

__ (2) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

(P) 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).

(Q) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May…