# 1.1 \*\* CAR 1352.216-70 CONTRACT TYPE (MARCH 2000)

This is a Time and Materials type contract for services.

*\*\* CAR -- Commerce Acquisition Regulation
(<http://oam.ocs.doc.gov/CAPPS_car.html>)*

**1.2 Period of Performance**

The contract performance period will consist of a base period of date of
Award through September 30, 2008 with no option periods.

**1.3 LABOR CLASIFICATION AND RATES**

The labor rates listed in the pricing schedule shall be the
firm-fixed-loaded hourly rates of charge for personnel provided under
this contract. The labor rates shall be complete charges, inclusive of
all wage payment, overhead, indirect costs and profit application.
Personnel supplied under the classifications shall minimally meet the
relevant experience for each labor category included as part of the
Statement of Work (SOW). Only permission of the Contracting Officer may
permit use of other qualified personnel. Rates and qualifications for
other labor classifications, if required, shall be formally set via
contract modification.

## 1.4 PRICE SCHEDULE

The prices for services set forth below shall apply for payment purposes
for all quantities acquired under this contract. The Contractor may not
charge the Government for any services associated with this contract at
any prices or rates other than those specified in the Pricing Schedule.

  ---------- ------------------------------- -------------- ---------- -------------
  **CLIN**   **DESCRIPTION**                 **QUANTITY**   **UNIT**   **PRICE**

  0001       Census Appeals Process Services                LT         
             Support                                                   

  0002       Travel                                                    

  TOTAL                                                                
  ---------- ------------------------------- -------------- ---------- -------------

**1.5 INCREMENTAL FUNDING**

Additional funding may be added, by the execution of modification to the
contract by the Contracting Officer, up to the ceiling amount for the
applicable performance period. Contractor shall note that funding may
carry-over from one performance period to the next period.

**1.6** \*\* **CAR CLAUSE 1352.216-73 Ceiling Price (March 2000)**

The ceiling price of for the base period of this contract is
**[\$25,000.00]{.underline}**. The Contractor shall not make nor incur
obligations in the performance of this contract which exceed the ceiling
prices specified herein, except at the Contractor's own risk.

**1.6.1 CEILING PRICE**

The Contractor shall notify the Contracting Officer, in writing, **60
days** prior to incurring 75% of the Contract performance period funded
amount or whenever there is reason to believe that costs may be either
greater or substantially less than the performance period ceiling amount
or are not adequate to complete the balance of work remaining in the
Contract. **If**, remaining funds are inadequate, include:

a.  A fully supported cost proposal disclosing the amount of funds
    remaining, the amount of additional funding required to continue
    timely performance and

b.  When the additional funds will be required. The proposal shall
    indicate labor categories and the additional hours required.

c.  A fully detailed explanation of the cause(s) of the overrun.

An identification of suggested reductions or revisions that can be made
to the Statement of Work in order to stay with the original Contract
funding level.

# 1.6.2 ESTIMATED MAXIMUM CONTRACT VALUE

The total estimated maximum value of this contract is
[**\$25,000.00**.]{.underline}

**2.1 BACKGROUND AND PURPOSE**

The Local Update of Census Addresses (LUCA) program, also known as the
Address List Review program, is a partnership program that allows the
Census Bureau to benefit from local knowledge in the development of its
Master Address File (MAF). The LUCA program was made possible by the
Census Address List Improvement Act of 1994 (Public Law 103-430) which,
for the first time, authorized designated representatives of local and
tribal governments to review the MAF. The mandate established this
program to be used by the Census Bureau for developing the decennial
census address list, and address lists for other censuses and surveys
conducted by the Census Bureau. The Act\'s provisions direct the
Secretary of Commerce to: (1) publish standards defining the content and
structure of address information that tribal, state, and local
governments may submit to be used for developing a national address
list; (2) develop and publish a timetable for the Census Bureau to
receive, review, and respond to submissions; and (3) provide a response
to the submissions regarding the Census Bureau\'s determination for each
address. These requirements were implemented through the 2010 Census
Local Update of Census Addresses (LUCA) Program.

The Act further provided the OMB\'s Administrator of the Office of
Information and Regulatory Affairs, acting through the Chief
Statistician and in consultation with the Census Bureau, shall develop a
process for tribal, state, and local governments to appeal
determinations of the Census Bureau. The purpose of this contract is to
provide for consultation with the OMB Chief Statistician on behalf of
the Census Bureau to assist in developing requirements for the 2010 LUCA
Program Appeals Process.

**2.2 EXPECTED OUTCOME**

The successful completion of the contract will result in the
documentation of information about the 2010 Census LUCA Program that
will allow the successful establishment of the appeals process.

**2.3 SCOPE OF WORK**

The Contractor shall provide all supervision, management, personnel
resources, materials, supplies and equipment (except as otherwise
provided). The Contractor shall also plan, schedule, coordinate, and
ensure the effective performance of all identified tasks. Services
provided shall be performed in accordance with the requirements, terms,
and conditions of this Statement of Work (SOW) for support in the
consultative guidance, training and development of the 2010 LUCA Appeals
Process.

# 2.4 SPECIFIC TASKS

The Contractor shall perform the following activities in support of the
Census Bureau's consultation with the Chief Statistician on the
development of the 2010 LUCA Appeals Process:

> **2.4.1 TASK 1 -- APPEALS PROCESS PROCEDURES**
>
> The contractor shall provide consultation and guidance to the Census
> Bureau project managers on the procedures for the appeals process
> including governmental eligibility to appeal, what addresses will be
> appealable, the information that appellants will be required to
> provide, and deadlines.
>
> **2.4.2 -- TASK 2 -- APPEALS PROCESS WORKLOAD ESTIMATION**
>
> The contractor shall provide consultation and guidance to the Census
> Bureau project managers on the development of workload estimates for
> the appeals process.
>
> **2.4.3. -- TASK 3 -- APPEALS PROCESS DATA TRANSMISSIONS**
>
> The contractor shall provide consultation and guidance to the Census
> Bureau project managers on the mechanisms for implementing and
> tracking data transmissions among the various parties to the appeals
> process (appellants, the Census Bureau, and the appeals office).
>
> **2.4.4. -- TASK 4 -- APPEALS PROCESS INFRASTRUCTURE**
>
> The contractor shall provide consultation and guidance to the Census
> Bureau project managers on the staffing, space, information
> technology, security, and administrative support requirements for the
> appeals process and their associated costs.

NOTE: *When appropriate, written recommendations for improving the
performance and efficiency of the activities, including specific steps
to be taken to implement the changes, shall be submitted to the
Contracting Officer's Representative (COTR). The recommendations shall
not be implemented until approved by the COTR.*

**2.5 RELEVANT EXPERIENCE REQUIRED**

1.  Experience planning and managing components of the 2000 LUCA Program

2.  Experience planning and managing Census Bureau programs involving
    partnership with state and local governments

3.  Knowledge of Federal information technology, data security,
    information technology, budgeting, and staffing processes

**2.6 Securities and Privacy**

The use of any information that is subject to the Privacy Act will be
utilized in complete accordance with all rules of conduct as applicable
to Privacy Act Information.

a.  *Security Classification*. The preparation of the deliverables in
    this contract will be completed at a \[unclassified but sensitive\]
    level. All deliverables shall fall under Exemption number two of the
    FOIA, and no Contractor copyright of deliverables shall be
    authorized. If classified, the preparation of deliverables will be
    accomplished at both a cleared Government facility and the
    Contractor's cleared facility; therefore, all Contractor personnel
    assigned to work on this order may be subject to routine background
    investigations.

b.  *Certifications Not to Disclose Information*. In addition to the
    requirements of this order, the Contractor agrees by performing this
    effort that all associated personnel, both prime and subcontractor,
    agree not to disclose any data or information related to this effort
    without the prior approval of the COR. This certification shall be
    incorporated into the Contractor's proposal and be signed by all
    personnel performing under this effort.

# 2.7 Travel

Travel by the Contractor may be required. In the event the Contracting
Officer or appointed COTR or Task Manager authorizes travel, the
Contractor shall provide estimated travel costs to the authorizer in
advance of scheduled trips. The U.S. Census Bureau will reimburse the
Contractor for only travel costs incurred during authorized travel
period in accordance with FEDERAL TRAVEL REGULATIONS.

# 2.8 Kickoff Meeting

Initial "Kick-Off Meeting" -- Within seven (7) days from Contract award,
key personnel of the Contractor's staff assigned major responsibilities
for carrying out the task of the resultant contract shall meet
personally to with the U.S. Census COTR and other Census staff. The
purposes of this initial "Kick-Off Meeting shall be to provide the
following:

1.  Review any contractual matters, including terms and conditions of
    this Contract;

2.  Review and discuss this requirement to ensure a common understanding
    of the general requirements; and

3.  Discuss questions from the Contractor concerning any part of this
    contract.

**2.9 MEETINGS**

The Contractor Project Manager shall meet semi-monthly or as directed by
the COTR to detail the progress on all tasks to date, any problems
encountered, and if applicable, recommend resolutions and steps taken to
comply with the SOW.

The principle purpose of these meetings will be to:

1)  Facilitate communications;

2)  Obtain guidance and direction from appropriate Government
    decision-makers

3)  Track task objectives and related project performance measures;

    a.  Work accomplished in the reporting period

    b.  Anticipated activities for the next reporting period

    c.  Discuss and schedule variances (task completed, on schedule,
        late, reasons for difference between planned versus actual
        progress etc.)

4)  Identify any issues (e.g.; invoicing, billing discrepancy, time and
    attendance reconciliation, assignment of new personnel etc.)

5)  Review/manage open action items.

**2.10 MONTHLY REPORTS**

The Contract shall submit a monthly project status report to the COTR by
the 5^th^ day of the following month in which the work was completed.
The monthly program status report shall include:

1)  A brief summary of the overall project/task that was worked on
    during the reporting period;

2)  Work accomplished in the reporting period;

3)  Anticipated activities for he next reporting period;

4)  Management issues (policy issues, outstanding responses, risks
    assessments, waiver/change requests, dependencies; and
    expenditures).

**2.11 PERFORMANCE MEASURES**

Quality measures, as set forth below, will be applied to each Work
Product and Deliverable:

Contractor performance will be considered successful as follows:

-   Contractor adheres to negotiated time frames for task execution.
    Reports on progress of completed work are timely and Contractor
    shows a high quality of response to urgent work requirements.

-   100% of deliverables completed on or before the due date.

-   Documentation is complete and accurate and shall be suitable for use
    as a reference source.

-   Contractor performs within a highly secure and sensitive environment
    in complete compliance with the Title 13 and Title 26 restrictions.

**2.12 PERFORMANCE REQUIREMENTS SUMMARY**

  ---------- ---------------- ----------------- ----------------- ------------------
  **Task**   **Performance    **Expected        **Performance     **Method of
             Requirement**    Outcome**         Standard**        Surveillance**

  **Task 1** Consult with and A clear and       Guidance is       The Contracting
             guide Census     consistent        consistent with   Officer's
             Bureau project   appeals process   P.L. 103-430      Technical Task
             managers on the  design for public requirements,     Manager will
             procedures for   comment           2010 Census       review the
             the appeals                        schedule          guidance provided
             process                            requirements, and to determine
             including                          Census Bureau     problems to
             governmental                       governmental      resolve,
             eligibility to                     partnership       appropriate course
             appeal, what                       goals.            of action, and
             addresses will                                       task
             be appealable,                                       responsibility.
             the information                                      
             that appellants                                      
             will be required                                     
             to provide, and                                      
             deadlines.                                           

  **Task 2** Consult with and An accurate       Estimate          Task Manager will
             guide Census     appeals process   considers known   review the
             Bureau project   workload estimate parameters that   workload estimate
             managers on the                    may influence the and conduct
             development of                     appeals workload, interviews to
             workload                           is based on sound determine problems
             estimates for                      assumptions, and  to resolve,
             the appeals                        is well           appropriate course
             process                            documented.       of action, and
                                                                  task
                                                                  responsibility.

  **Task 3** Consult with and A recommendation  Recommendation is Task Manager will
             guide Census     for data          based on sound    review the
             Bureau project   transmission and  assumptions and   recommendation for
             managers on the  tracking that is  is well           data transmission
             mechanisms for   consistent with   documented.       and conduct
             implementing and data                                interviews to
             tracking data    confidentiality                     determine problems
             transmissions    and security                        to resolve,
             among the        requirements,                       appropriate course
             various parties  schedule                            of action, and
             to the appeals   requirements, and                   task
             process          available                           responsibility.
             (appellants, the technology                          
             Census Bureau,                                       
             and the appeals                                      
             office).                                             

  **Task 4** Consult with and An estimate for   Estimate is based Task Manager will
             guide Census     staffing,         on sound          review the
             Bureau project   information       assumptions and   requirements and
             managers on the  technology,       is well           associated costs
             staffing, space, security and      documented.       and conduct
             information      administrative                      interviews to
             technology,      support                             determine problems
             security, and    requirements and                    to resolve,
             administrative   associated costs.                   appropriate course
             support                                              of action, and
             requirements for                                     task
             the appeals                                          responsibility.
             process and                                          
             their associated                                     
             costs.                                               
  ---------- ---------------- ----------------- ----------------- ------------------

**2.13 GOVERNMENT FURNISHED EQUIPMENT/DATA/FACILITIES**

The Census Bureau will provide, within established security policy
guidelines as necessary to accomplish the defined tasks.

##### 3.1 PAYMENT OF POSTAGE AND FEES

All postage fees related to the submission of information, including
forms, reports, etc., to the Contracting Officer, Contracting Officer's
Technical Representative (COTR), or other person(s) designated to
receive, shall be the responsibility of the Contractor.

**3.2 CAR 1352.247.72 MARKING (MAR 2000)**

All information submitted to the Contracting Officer, the Contracting
Officer's Technical Representative, or the person(s) designated to
receive deliverables, shall clearly indicate the contract number.

(End Clause)

# 4.1 CLAUSES INCORPORATED BY REFERENCE (52.252-2) (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 address:

(End of Clause)

**52.246-6 INSPECTION\--TIME-AND-MATERIAL AND LABOR-HOUR (MAY 2001)**

(Reference)

4.2 CAR 1352.246-70 INSPECTION AND ACCEPTANCE (MARCH 2000)

The Contracting Officer or the duly authorized representative will
perform inspection and acceptance of supplies and or services under this
contract.

Inspection and acceptance will be performed at:

U.S. Census Bureau

Room HQ-4H075

4600 Silver Hill Road

Washington, DC 20233

Attn: TBD

**4.3 PLACE OF PERFORMANCE**

Inspection and acceptance of all work performed, reports, and other
deliverables will be performed by the Contracting Officer's Technical
Representative identified in Section G.4 at the following location:

Contracting Officer's Technical Representative

U.S. Census Bureau

Room HQ-4H075

4600 Silver Hill Road

Washington, DC 20233

Attn: TBD

(End of Clause)

**5.1 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 address:
http://www.arnet.gov/far/

**[NUMBER]{.underline}** **[TITLE]{.underline}** **[DATE]{.underline}**

52.242‑15 STOP‑WORK ORDER AUG 1989

52.242-17 GOVERNMENT DELAY OF WORK APR 1984

52.247‑34 F.O.B. DESTINATIONS NOV 1991

**5.2 CAR 1352.215-70 PERIOD OF PERFORMANCE (MARCH 2000)**

> The period of performance of this contract is Date of Award through
> September 30, 2008, with no option periods.

**5.3 PLACE OF DELIVERY**

If there are items to be delivered under this contract they shall be
delivered to:

TBD

Contracting Officer's Technical Representative

Room HQ-4H075

4600 Silver Hill Road

Washington, DC 20233

**5.4 SCHEDULE OF TASKS/DELIVERABLES**

The Contractor shall submit a below project deliverables to include all
implementation and or modifications designated as required.

  --------------------- ------------------------- ------------------------
  **Deliverable**       **Due Date**              **Delivered to**

  Monthly Activity      Monthly -- By the 5th day Contracting Officer's
  Report                of the following month in Technical Representative
                        which the work was        
                        completed.                

  Federal Register      As Required by project    Contracting Officer's
  notice on 2010 LUCA   and negotiated and        Technical Representative
  appeals process ready accepted, maintained by   
  for issue to obtain   COTR and Contractor.      
  public comment                                  

  Estimate of appeals   As Required by project    Contracting Officer's
  workload              and negotiated and        Technical Representative
                        accepted, maintained by   
                        COTR and Contractor.      

  High level            As Required by project    Contracting Officer's
  requirements for data and negotiated and        Technical Representative
  transfer/tracking     accepted, maintained by   
  between parties to    COTR, and Contractor.     
  appeals process                                 

  Estimate of staffing, As Required by project    Contracting Officer's
  space, information    and negotiated and        Technical Representative
  technology, security  accepted, maintained by   
  and administrative    COTR and Contractor.      
  support requirements                            
  for 2010 LUCA appeals                           
  process and                                     
  associated cost                                 
  estimate                                        
  --------------------- ------------------------- ------------------------

The method of surveillance for the above deliverables will be by review
of the documentation by the COTR.

\*\* The written report shall include the following:

*Accomplishments during the reporting period - both completed items and
work in progress; accomplishments planned for the next reporting period;
and identification of problems and steps for correcting problems, and
other issues requiring management attention, including notification of
any potential schedule slippage for deliverables and causes and proposed
solutions.*

***Potential problems shall be brought to the COR's attention
immediately, and shall not be held until a scheduled report***.

**6.1 CONTRACTING OFFICER'S AUTHORITY (CAR 1352.201-70) (MAR 2000)**

The Contracting Officer is the only person authorized to make or approve
any changes in any of the requirements of this contract and
notwithstanding any provisions contained elsewhere in this contract, the
said authority remains solely in the Contracting Officer. In the event
the Contractor makes any changes at the direction of any person other
than the Contracting Officer, the change will be considered to have been
made without authority and no adjustment will be made in the contract
terms and conditions, including price.

##### 6.1.1 CONTRACTING OFFICER

The Contracting Officer is: Pamela Miller

U.S. Census Bureau

Attn: Acquisitions Division, Room 3J440

4600 Silver Hill Road

Washington, DC 20233-4400

**6.2 INVOICE PROCEDURE & PREPARATION**

The Federal Register, Page 52591, Volume 64, No. 188, dated September
29, 1999, requires that submitted invoices must include specific
information in order for the Government to make payment. Additionally,
the U.S. Census Bureau has supplemented these requirements. Contractors
may use Standard Form 1034 -- Public Voucher for Purchases and Services
Other than Personal (Part 53 of the Federal Acquisition Regulation under
FAR 53-301-1034) or they may submit a company-generated voucher.
However, no matter what type of voucher is submitted, it must contain
the proper invoice/voucher information described below.

It must be especially noted that in accordance with the requirements set
forth in **FAR Clause 52.232-7 --** **[Payments under Time-and-Material
and Labor-Hour Contracts]{.underline}**, all invoices/vouchers submitted
for payment shall be accompanied by individual daily job
timecards/sheets or other substantiation previously approved by the
Contracting Officer. Vouchers/invoices received without the
substantiating documents will be considered incomplete, and will be
returned to the contractor without payment. Invoices shall be submitted
monthly.

To comply with the above requirements, two (2) sets of each
voucher/invoice must be delivered to the Finance Division at the U.S.
Census Bureau before it is considered received by the Government. [If
the voucher/invoice is for services on a time and material or labor hour
basis, one of the two sets of a voucher/invoice must have copies of the
timesheets or other substantiation attached]{.underline}, and must be
clearly marked "COTR or Task Manager's Copy". The second set of the two
sets of a voucher/invoice does not require that the timesheets or other
substantiation be attached. However they must be clearly marked
"Original for Finance".

***THE CONTRACTOR IS NOTIFIED THAT IT IS THEIR RESPONSIBILITY FOR
ENSURING THE VOUCHERS/INVOICES ARE DELIVERED TO THE FINANCE DIVISION,
AND THE COTR OR TASK MANAGER ARE NOT RESPONSIBLE FOR ENSURING THE
ADVANCED COPIES OF THE VOUCHERS/INVOICES ARE PROVIDED TO THE FINANCE
DIVISION.***

**[PROPER VOUCHER/INVOICE INFORMATION]{.underline}**

-   Name and Address of Contractor

-   Contact Name, Title and Telephone Number

-   Government Contract Number or Other Authorization for Delivery of
    Goods or Services

-   Government Contract Number and or Task Order Number is required if
    services are being provided through a task order to the basis
    contract

-   Date of the Invoice

-   Invoice Number, Account Number, and/or any other identifying number
    agreed to by the contract (At a minimum there must be an invoice
    number)

-   Include the Actual date when services were performed or goods
    delivered.

-   Include the Period of Performance on all invoices.

-   Description -- Including, for example, contract line/sub-line
    number, price, and quality of goods and services rendered.

-   Cumulative total received to date for each line item.

-   Include discount terms.

-   Other substantiating documentation or information required by the
    contract.

-   Shipping and Payment Terms (Required unless mutually agreed that
    this information is only required in the contract -- Contact the
    Contracting Officer or Contract Specialist for clarification)

-   Taxpayer Identifying Number (TIN) (Required unless agency procedures
    provide otherwise.)

-   Address for mailing payment

-   Banking Information such as name and address of bank, routing &
    account number (Required unless agency procedures provide otherwise,
    or except in situations where the EFT requirements is waived under
    31 CFR, 208.4.) (This information is seldom required, check with the
    Contracting Officer or Contract Specialist to determine if
    information is needed.)

-   Other Substantiating Documentation or Information required by the
    contract

There will also be three statements and signature lines included in the
invoice. The wordings for these statements are:

I hereby certify, to the best of my knowledge and belief, which the
services set forth herein were performed during the period stated above
are current, accurate and complete.

\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Date) (Title of Contractor Representative) (Signature)

***The above statement will be signed by a representative of the
Contractor.***

**and**

I certify that to the best of my knowledge and belief that the
services/supplies shown on the invoice have been performed/furnished and
are accepted.

\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Date) (Title: COTR, Task Manager, etc) (Signature)

***The above statement will be signed by a government representative,
usually the COTR or a Task Manager with authority to certify.***

**[and]{.underline}**

Pursuant to authority vested in me, I certify that this voucher is
correct and proper for payment.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Date) (Authorized Certifying Official) (Title)

***The above statement will be signed by a government representative who
has authority to approve the invoice. The representative signing this
statement will be the Contracting Officer when the services are acquired
through a fully definitized contract, or the COTR or Task Manager with
approving authority if the work is authorized through the simplified
acquisition system (purchase order).***

If there is insufficient space in the Standard Form 1034 to provide all
of the required information, the Contractor may include the remaining
information on bond paper. However, if bond paper is used, the contract
and task order numbers, invoice number, and date of invoice must be
listed at the top of the second and subsequent pages.

**An original plus one copy of the voucher/invoice will be submitted
monthly to:**

**[MAILING ADDRESS]{.underline}**

U.S. Census Bureau

Finance Division (Vouchers)

4600 Silver Hill Road

Room #2K419

Washington D.C. 20233

**[SPECIAL DELIVERY VIA UPS, FEDERAL EXPRESS, ETC.]{.underline}**

U.S. Census Bureau

Finance Division (Vouchers)

4600 Silver Hill Road

Room #2K419

Suitland, MD 20746

**6.3 METHOD OF PAYMENT**

\(a\) Payments under this contract will be made either by check or by
wire transfer through the Treasury Financial Communications System at
the option of the government.

\(b\) The contractor shall forward the invoices in original and 1 copy
to:

U. S. Census Bureau

4600 Silver Hill, Road

Finance Division, 2K419

Washington, DC 20233-4400

\(c\) A separate copy of the invoice, indicating "Approval copy" shall
be simultaneously forwarded to the COTR and include the following
statement on the total page:

[COTR's Certification]{.underline}

I certify to the best of my knowledge and belief that the
services/supplies shown on the invoice have been performed/furnished and
are accepted.

\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date Signature of COTR

Invoices, which are submitted to an incorrect office or which do not
contain the information specified in subparagraph (b) above, will be
returned to the Contractor for corrections.

**6.4 DESIGNATION OF CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE**

**(CAR 1352.201-71) (MAR 2000)**

\(a\) [TBD,]{.underline} is hereby designated as the COTR for this
contract. The COTR may be changed at any time by the government without
prior notice to the contractor but notification of the change, including
the name and address of the successor COTR, will be promptly provided to
the contractor by the Contracting Officer in writing. Mr. Fitzgerald is
located at the Bureau of the Census, 4600 Silver Hill Road, Room
HQ-4H075, Washington, DC 20233. Her telephone number is 301-763-9061.

\(b\) The responsibilities and limitations of the COTR are as follows:

\(1\) The COTR is responsible for the technical aspects of the project
and technical liaison with the Contractor. The COTR is also responsible
for the final inspection and acceptance of all reports, and such other
responsibilities as may be specified in the contract.

> \(2\) The COTR is not authorized to make any commitments or otherwise
> obligate the government or authorize any changes, which affect the
> contract price, terms or conditions. Any contractor request for
> changes shall be referred to the contracting officer directly or
> through the COTR. No such changes shall be made without the expressed
> prior authorization of the contracting officer. The COTR may designate
> assistant COTR(s) to act for him by naming such assistant in writing
> and transmitting a copy of such designation through the contracting
> officer to the contractor.

**6.5 FAR SUBPART 4.11 --- CENTRAL CONTRACTOR REGISTRATION**

Contractor shall be registered in the Central Contractor Registration
(CCR) database prior to award of this contract. The CCR is the primary
Government repository for Contractor information required for conducting
business with the Government.

**6.6 CONTRACTOR PERFORMANCE EVALUATIONS**

a\) The Government will conduct performance evaluations in accordance
with FAR Subpart 42.15, Contractor Performance Information. In addition
to the evaluation at the time of completion of the contract, the
Government will conduct interim evaluations at the completion of each
specific performance period.

**6.7 CAR 1352.245-70 GOVERNMENT FURNISHED PROPERTY**

The Government provides the item(s) of Government property in Section
C.15, Governmental Furnished Resources to the Contract for use in the
performance of this contract. This property shall be used and maintained
by the Contractor in accordance with the provisions of the "Government
Property" clause in Section I -- Contract Clauses included is this
contract.

**7.1 1352.208-70 PRINTING (MAR 2000)**

Unless otherwise specified in this contract, the Contractor shall not
engage in, or subcontract for, any printing (as that term is defined in
Title I of the Government Printing and Binding Regulations in effect on
the effective date of this contract) in connection with performing under
this contract. Provided, however, that performing a requirement under
this contract involving the duplicating of less than 5,000 units of only
one page, or less than 25,000 units in the aggregate of multiple pages,
such pages not exceeding a maximum image size of 10 and 3/4 inches by 14
and 1/4 inches, will not be deemed printing.

**7.2 1352.209-71 ORGANIZATIONAL CONFLICT OF INTEREST** **(MAR 2000)**

> \(a\) The contractor warrants that, to the best of the contractor\'s
> knowledge and belief, there are no relevant facts or circumstances
> which could give rise to an organizational conflict of interest, as
> defined in FAR Subpart 9.5, or that the contractor has disclosed all
> such relevant information.
>
> \(b\) The contractor agrees that if an actual or potential
> organizational conflict of interest is discovered after award, the
> contractor will make a full disclosure in writing to the contracting
> officer. This disclosure shall include a description of actions, which
> the contractor has taken or proposes to take, after consultation with
> the contraction officer, to avoid, mitigate, or neutralize the actual
> or potential conflict.
>
> \(c\) Remedies ‑ the contracting officer may terminate this contract
> for convenience, in whole or in part, if it deems such termination
> necessary to avoid an organizational conflict of interest. If the
> contractor was aware of a potential organizational conflict of
> interest prior to award or discovered an actual or potential conflict
> after award and did not disclose or misrepresented relevant
> information to the contracting officer, the government may terminate
> the contract for default, debar the contractor from government
> contracting, or pursue such other remedies as may be permitted by law
> or this contract.
>
> \(d\) The contractor further agrees to insert provisions, which shall
> conform substantially to the language of this clause, including this
> paragraph (d), in any subcontract or consultant agreement hereunder.

**7.3 ADDITIONAL REQUIREMENTS**

The Contractor performing under this contract may be required to perform
additional tasks related to the work identified in Section C. The
government reserves the right to include additional work, in accordance
with FAR 52.243-3 Changes -- Time and Materials or Labor Hour, this
deemed as within the scope of this contract.

**7.4 AUTHORITY TO OBLIGATE THE GOVERNMENT**

The contracting officer is the only individual who can legally commit or

obligate the government to the expenditure of public funds. No cost
chargeable to the proposed contract can be incurred before receipt of a
fully executed contract or specific authorization from the contracting
officer.

**7.5 1352.233-70 HARMLESS FROM LIABILITY** **(MAR 2000)**

The contractor shall hold and save the government, its officers, agents
and

employees, harmless from liability of any kind, including cost and
expenses to

which they may be subject, for or on account of any or all suits or
damages of

any character whatsoever resulting from injuries or damages sustained by
any

person or property by virtue of performance of this contract, arising or

resulting in whole or in part from the fault, negligence, wrongful act
or

wrongful omission of the contractor, or any subcontractor, their
employees and

agents.

**7.6 1352.209-73 COMPLIANCE WITH LAWS** (MAR 2000)

The contractor shall comply with all applicable laws and rules and
regulations having the force of law, which deal with or relate to
performance hereunder or the employment by the contractor of the
employees.

**7.7 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (MAR 2000)**

The Contractor agrees, in the performance of this contract, to keep the
information furnished by the Government and designated by the
Contracting Officer of Contracting Officer's Technical Representative in
the strictest confidence. The Contractor also agrees not to publish or
otherwise divulge such information in whole or in part, in any manner or
form, nor to authorize or permit others to do so, taking such reasonable
measures as are necessary to restrict access to such information while
in the Contractor's possession, to those employees needing such
information to perform the work provided herein, i.e., on a need to know
basis. The Contractor agrees to immediately notify the Contracting
Officer in writing in the event that the Contractor determines or has
reason to suspect a breach of this requirement.

The Contractor agrees that it will not disclose any information
described in subsection a. to any persons or individual unless prior
written approval is obtained from the Contracting Officer. The
Contractor agrees to insert the substance of this clause in any
consultant agreement or subcontract hereunder.

**7.8 1352.231-70 DUPLICATION OF EFFORT (MAR 2000)**

The Contractor hereby certifies that costs for work to be performed
under this contract and any subcontracts hereunder are not duplicative
of any cost charged against any other Government contract, subcontract,
or other Government source. The Contractor agrees to advise the
Contracting Officer, in writing, of any other Government contract or
subcontract it has performed or is performing which involves work
directly related to the purpose of this contract. The Contractor also
certifies and agrees that any and all work performed under this contract
shall be directly and exclusively for the use and benefit of the
Government, and not incidental to any other work, pursuit, research, or
purpose of the Contractor, whose responsibility it will be to account
for it accordingly.

**7.9 SECURITY REQUIREMENTS**

All contract personnel who will have access to U.S. Census Bureau (CB)
data or have access to a Census Bureau site shall have a CB‑approved
background investigation prior to gaining access to the CB. CB‑approved
background investigations may include the Applicant Name Check, the
National Agency Check and Inquiry (NACI), Special Agreement Check
(OFI‑86C), and/or other CB‑approved previous investigation(s).

Two (2) weeks prior to having access to any CB site, the Contractor
shall submit to the Contracting Officer two completed FD‑258,
\"Fingerprint Cards,\" and the required CB suitability investigation
applications below:

> SF‑171, Application for Federal Employment, OF‑612, Optional
> Application for Federal Employment, or Resume;
>
> OF‑306, Declaration for Federal Employment;
>
> OFI‑86C, Special Agreement Check; and
>
> SF‑85, Questionnaire for Non‑Sensitive Positions

These requirements also pertain to contractor project supervisors,
contractor management officials, and other contract personnel who plan
to visit a Census Bureau site or access CB data. Once the Contracting
Officer or his/her designee receives a favorable pre‑employment report
from the OSY, upon issuance of a CB Contractor badge, and prior to
access of a Census Bureau facility, the contract employee shall be
required to complete the CB form BC‑1759, Application for Special Sworn
Status, shall take the CB Oath of Non‑disclosure of the data, and shall
be subject to penalties prescribed in Title 13, United States Code,
Section 214. This requirement also pertains to contract project
supervisors, contract management officials, and other contract personnel
who may come into contact with T13 data.

Should the Contracting Officer or designee receive an unsuitable report
on any contract employee as a result of processing the required forms,
or should an existing employee under this contract become unsuitable or
unfit for assigned duties in this regard, the Contractor shall be
advised by the Government that such employee cannot be assigned to work
or continue to work under the contract. The Contractor shall immediately
remove any such employee and begin the process to replace him/her with a
suitable substitute.

Potential contract employees who have previously had their suitability
determined may not need to submit forms, pending verification to the CB
by the prior Government agency or unless one (1) calendar year or more
has elapsed since they last started work under a CB or General Services
Administration contract. These potential contract employees shall,
however, submit, in lieu of CB required paperwork and prior to CB
employment, a statement on the prior agency\'s letterhead that they have
a current suitability determination. In addition to being submitted on
the respective agency\'s letterhead, the statement shall also list the
following: Full Name, Social Security Number, Date of Birth, and a
Point‑of‑Contact, including an up‑to‑date telephone number, contract
number(s), and performance dates for contracts on which they have or are
currently participating, which required such a determination.

**Legal Authorities Governing the Use of Census Bureau Data**

Title 13, United States Code (U.S.C.), authorizes the Census Bureau to
collect and maintain data on a broad range of subjects. Most of these
data are confidential under Title 13, U.S.C., Section 9. Section 214 of
that law provides strict penalties for unauthorized disclosure of Title
13 information. These penalties include a fine of up to \$250,000 or a
jail term of up to 5 years, or both.

Title 13, U.S.C., Section 23(c) permits the Census Bureau to use
non‑Census Bureau employees to assist the agency in performing the work
authorized under this title, but only if such temporary staff is sworn
to observe the limitations imposed by Section 9 of this title. In other
words, contractors and other temporary personnel shall take the Oath of
Nondisclosure to be given Special Sworn Status. In taking the Oath of
Nondisclosure, the contractor agrees not to disclose any information
contained in the schedules, lists, or statements obtained for or
prepared by the U.S. Census Bureau to any person or persons either
during or after appointment and acknowledges the penalties for unlawful
disclosure discussed in the previous paragraph.

In addition to Title 13 protections, some programs make use of
administrative records information that the Census Bureau obtains from
other agencies, under the authority of Title 13, U.S.C., Section 6. In
addition to Title 13 protections to these data, they may also be covered
by specific protections specified in the law of the source agency. If a
contractor is given access to such information, he or she shall observe
any additional agency confidentiality protections that must be
implemented to protect these data.

As with Title 13 data, the contractor shall be subject to additional
penalties for violation of administrative record protection
requirements.

Contractors shall observe security procedures documented in the Handbook
for IT Security at http://cww.census.gov/itso/secaware.html.

**[SECURITY CLAUSES]{.underline} -- THIS CONTRACT IS CLASSIFIED AS "LOW"
RISK.**

**7.9.1 [CAR 1352.239-73- SECURITY REQUIREMENTS FOR INFORMATION
TECHNOLOGY RESOURCES]{.underline}**

(a) This clause is applicable to all contracts that include information
    technology resources or services in which the Contractor must have
    physical or electronic access to DOC's sensitive or classified
    information, which is contained in systems that directly support the
    mission of the Agency. For purposes of this clause the term
    "Sensitive" is defined by the guidance set forth in:

> \(1\) The *DOC IT Security Program Policy and Minimum Implementation
> Standards* (<http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html>);
>
> \(2\) The Office of Management and Budget (OMB) [Circular A-130,
> Appendix III]{.underline}, *Security of Federal Automated Information
> Resources*, (<http://csrc.nist.gov/secplcy/a130app3.txt>) which states
> that there is a "presumption that all \[general support systems\]
> contain some sensitive information."; and

(3) [The Computer Security Act of 1987]{.underline} (P.L. 100-235)
    (<http://www.epic.org/crypto/csa/csa.html>), including the following
    definition of the term sensitive information "... any information,
    the loss, misuse, or unauthorized access, to or modification of
    which could adversely affect the national interest or the, conduct
    of federal programs, or the privacy to which individuals are
    entitled under section 552 a of title 5, Unites States Code (The
    Privacy Act), but which has not been specifically authorized under
    criteria established by an Executive Order or an Act of Congress to
    be kept secret in the interest of national defense or foreign
    policy."

> For purposes of this clause, the term "Classified" is defined by the
> guidance set forth in:
>
> \(1\) The *DOC IT Security Program Policy and Minimum Implementation
> Standards, Section 3.3.1.4*
> (<http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html>).

(2) The *DOC Security Manual, Chapter 18*
    (<http://www.osec.doc.gov/osy/>).

(3) Executive Order 12958, as amended, Classified National Security
    Information. Classified or national security information is
    information that has been specifically authorized to be protected
    from unauthorized disclosure in the Interest of national defense or
    foreign policy under an Executive Order or Act of Congress.

> Information technology resources include, but are not limited to,
> hardware, application software, system software, and information
> (data). Information technology services include, but are not limited
> to, the management, operation (including input, processing,
> transmission, and output), maintenance, programming, and system
> administration of computer systems, networks, and telecommunications
> systems. The Contractor shall be
>
> responsible for implementing sufficient Information Technology
> security, to reasonably prevent the compromise of DOC IT resources for
> all of the contractor's systems that are interconnected with a DOC
> network or DOC systems that are operated by the Contractor.

a)  All Contractor personnel performing under this contract and
    Contractor equipment used to process or store DOC data, or to
    connect to DOC networks, must comply with the requirements contained
    in the DOC *Information Technology Management Handbook*
    (<http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html>), or
    equivalent/more specific agency or bureau guidance as specified
    immediately hereafter \[insert agency or bureau specific guidance,
    if applicable\].

b)  For all Contractor-owned systems for which performance of the
    contract requires interconnection with a DOC network or that DOC
    data be stored or processed on them, the Contractor Shall:

```{=html}
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```
(1) Provide, implement, and maintain an IT Security Plan. This plan
    shall describe the processes and procedures that will be followed to
    ensure appropriate security of IT resources that are developed,
    processed, or used under this contract. The plan shall describe
    those parts of the contract to which this clause applies. The
    Contractor's IT Security Plan shall comply with federal laws that
    include, but are not limited to, the Computer Security Act of 1987
    (40 U.S.C. 1441 *et seq*.) and the Federal Information Security
    Management Act of 2002, Pub. L. No.107-347, 116 Stat. 2899,
    2946-2961 (2002); Pub. L. No. 107-296, 116 Stat. 2135, 2259-2273
    (2002). 38 WEEKLY COMP. PRES. DOC. 51, 2174 (Dec. 23, 2002)
    (providing statement by President George W. Bush regarding Federal
    Information Security Management Act of 2002). The plan shall meet IT
    security requirements in accordance with Federal and DOC policies
    and procedures that include, but are not limited to:

```{=html}
<!-- -->
```
(a) OMB Circular A-130, *Management of Federal Information Resources*,
    Appendix III, *Security of Federal Automated Information Resources*
    (<http://csrc.nist.gov/secplcy/a130app3.txt>);

(b) National Institute of Standards and Technology Special Publication
    800-18, *Guide for Developing Security Plans for Information
    Technology Systems*
    (<http://csrc.nist.gov/publications/nistpubs/800-18/Planguide.PDF>);
    and

(c) DOC Procedures and Guidelines in the *Information Technology
    Management Handbook*
    (<http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html>)*.*

(d) National Industrial Security Program Operating Manual (NISPOM) for
    classified systems (<http://www.dss.mil/isec/nispom.htm>); and

(e) \[Insert agency or bureau specific guidance\].

```{=html}
<!-- -->
```
(2) Within 14 days after contract award, the contractor shall submit for
    DOC approval a System Certification and Accreditation package,
    including the IT Security Plan and a system certification test plan,
    as outlined in *DOC IT Security Program Policy*, Sections 3.4 and
    3.5 (<http://home.osec.doc.gov/DOC-IT-Security-Program-Policy.htm>).

> The Certification and Accreditation Package must be consistent with
> and provide further detail for the security approach contained in the
> offeror\'s proposal or sealed bid that resulted in the award of this
> contract and in compliance with the requirements stated in this
> clause. The Certification and Accreditation Package, as approved by
> the Contracting Officer, in consultation with the DOC IT Security

(3) Manager, or Agency/Bureau IT Security Manager/Officer, shall be
    incorporated as part of the contract. DOC will use the incorporated
    IT Security Plan as the basis for certification and accreditation of
    the contractor system that will process DOC data or connect to DOC
    networks. Failure to submit and receive approval of the
    Certification and Accreditation Package, as outlined in *DOC IT
    Security Program Policy*, Sections 3.4 and 3.5
    (<http://home.osec.doc.gov/DOC-IT-Security-Program-Policy.htm>) may
    result in termination of the contract.

```{=html}
<!-- -->
```
(b) The Contractor shall incorporate this clause in all subcontracts
    that meet the conditions in paragraph (a) of this clause.

**7.9.2** **[CAR 1352.239-74 SECURITY PROCESSING REQUIREMENTS FOR
CONTRACTORS/SUBCONTRACTOR PERSONNEL FOR ACCESSING DOC INFORMATION
TECHNOLOGY SYSTEMS]{.underline}**

(a) Contractor personnel requiring any access to systems operated by the
    Contractor for DOC or interconnected to a DOC network to perform
    contract services shall be screened at an appropriate level in
    accordance with Commerce Acquisition Manual 1337.70, *Security
    Processing Requirements for Service Contracts*. DOC shall provide
    screening using standard

(b) Personnel screening forms, which the Contractor shall submit to the
    DOC Contracting Officer's Technical Representative (COTR) based on
    the following guidance:

Contract personnel performing work designated Contract High Risk and
personnel performing work designated Contract Moderate Risk in the
information technology (IT) occupations and those with "global access"
to an automated information system require a favorable pre-employment
check before the start of work on the contract, regardless of the
expected duration of the contract. After a favorable pre-employment
check has been obtained, the Background Investigation (BI) for Contract
High Risk and the Minimum Background Investigation (MBI) for Contract IT
Moderate

1.  Risk positions must be initiated within three working days of the
    start of work.

2.  Contract personnel performing work designated Contract Moderate Risk
    who are not performing IT-related contract work do not require a
    favorable pre-employment check prior to their employment; however,
    the Minimum Background Investigation (MBI) must be initiated within
    three working days of the subject's start of work on the contract,
    regardless of the expected duration of the contract.

3.  Contract personnel performing work designated Contract Low Risk will
    require a National Agency Check and Inquiries (NACI) upon the
    subject's start of work on the contract if the expected duration of
    the contract exceeds 365 calendar days. The NACI must be initiated
    within three working days of the subject's start of work on the
    contract.

4.  Contract personnel performing work designated Contract Low Risk will
    require a Special Agreement Check (SAC) upon the subject's start of
    work on the contract if the expected duration of the contract
    (including options) exceeds 180 calendar days but is less than 365
    calendar days. The SAC must be initiated within three working days
    of the subject's start of work on the contract.

5.  Contract personnel performing work on contracts requiring access to
    classified information must undergo investigative processing
    according to the Department of Defense National Industrial Security
    Program Operating Manual (NISPOM),
    (<http://www.dss.mil/isec/nispom.htm>) and be granted eligibility
    for access to classified information prior to beginning work on the
    contract.

The security forms may be obtained from the cognizant DOC security
office servicing your bureau, operating unit, or Departmental office. At
the option of the government, interim access to DOC IT systems may be
granted pending favorable completion of a pre-employment check. Final
access may be granted only on completion of an appropriate investigation
based upon the risk level assigned to the contract by the Contracting
Officer.

Within 5 days after contract award, the Contractor shall certify in
writing to the COTR that its employees, in performance of the contract,
have completed annual IT security awareness training in DOC IT Security
policies, procedures,

computer ethics, and best practices, in accordance with *DOC IT Security
Program Policy,* section 3.13

(c) (<http://home.osec.doc.gov/DOC-IT-Security-Program-Policy.htm>). The
    COTR will inform the Contractor of any other available DOC training
    resources.

(d) Within 5 days of contract award, the Contractor shall provide the
    COTR with signed Nondisclosure Agreements as specified in Commerce
    Acquisition Regulation (CAR), 1352.209-72, *Restrictions Against
    Disclosures*.

(e) The Contractor shall afford DOC, including the Office of Inspector
    General, access to the Contractor's and subcontractor's facilities,
    installations, operations, documentation, databases, and personnel
    used in performance of the contract. Access shall be provided to the
    extent required to carry out a program of IT inspection,
    investigation, and audit to safeguard against threats and hazards to
    the integrity, availability, and confidentiality of DOC data or to
    the function of computer systems operated on behalf of DOC, and to
    preserve evidence of computer crime.

(f) The Contractor shall incorporate this clause in all subcontracts
    that meet the conditions in paragraph (a) of this clause.

(End of clause)

**7.9.3 [1352.237-72 Security Processing Requirements for]{.underline}**

**[Contractor/Subcontractor Personnel Working on a Department
of]{.underline}**

**[Commerce Site (Low to Moderate Risk Contracts) (Sep
2006)]{.underline}**

A. Investigative Requirements for Low Risk Contracts

Each person employed under this Low Risk contract shall undergo security
processing by the Department's Office of Security as indicated below
before being eligible to work on the premises of any Department of
Commerce owned, leased, or controlled facility in the United States or
overseas or obtain access to a DOC IT system. All Department of Commerce
security processing pertinent to this contract will be conducted at no
cost to the contractor.

1\. Non-IT Service Contracts

> a\. Contracts more than 180 days -- National Agency Check and
> Inquiries (NACI)
>
> b\. Contracts less than 180 days -- Special Agency Check (SAC)
>
> 2\. IT Service Contracts
>
> a\. Contracts more than 180 days -- National Agency Check and
> Inquiries (NACI)
>
> b\. Contracts less than 180 days -- National Agency Check and
> Inquiries (NACI)

In addition to the investigations noted above, non-U.S. citizens must
have a background check that includes an Immigration and Customs
Enforcement (ICE -- formerly Immigration and Naturalization Service)
agency check.

B. Additional Requirements for Foreign Nationals (Non-U.S. Citizens)

Non-U.S. citizens (lawful permanent residents) to be employed under this
contract within the United States must have:

Official legal status in the United States;

Continuously resided in the United States for the last two years; and

Advance approval from the servicing Security Officer in consultation
with the Office of Security headquarters.

C. Security Processing Requirements for Low Risk Non-IT Service
Contracts

Processing requirements for Low Risk non-IT Service Contracts are as
follows.

1\. Contract employees employed in Low Risk non-IT service contracts for
more than 180 days will require a National Agency Check and Inquiries
(NACI) to be processed. The COR will forward a completed Standard Form
SF‑85, Questionnaire for Non-Sensitive Positions, Form FD‑258,
Fingerprint Chart, and Credit Release Authorization to the servicing
Security Officer within three working days from start of work, who will
send the investigative packet to the Office of Personnel Management.

> 2\. Contract employees employed in Low Risk non-IT service contracts
> for less than 180 days require a Special Agreement Check (SAC), Form
> OFI-86C, to be processed. The Contracting Officer's Representative
> (COR) will forward a completed Form OFI-86C, FD‑258, Fingerprint
> Chart, and Credit Release Authorization to the servicing Security
> Officer, who will send the investigative packet to the Office of
> Personnel Management for processing.
>
> 3\. Any contract employee with a favorable Special Agreement Check who
> remains on the contract over 180 days will be required to have a NACI
> conducted to continue working on the job site.

4\. For Low Risk non-IT service contracts, the scope of the SAC will
include checks of the Security/Suitability Investigations Index (SII),
other agency files (INVA), Defense Clearance Investigations Index
(DCII), FBI Fingerprint (FBIF), and the FBI Information Management
Division (FBIN).

5\. In addition, for those individuals who are not U.S. citizens (lawful
permanent residents), the COR must request a CIS (Customs and
Immigration Service) check on the SAC, Form OF-86C, by checking Block
#7, Item I. In Block 13, the COR should enter the employee's Alien
Registration Receipt Card number to aid in verification.

6\. Copies of the appropriate forms can be obtained from the COR or the
Office of Security. Upon receipt of the required forms, the COR will
forward the forms to the servicing Security Officer. The Security
Officer will process the forms and advise the COR whether work can
commence prior to the completion of the suitability determination based
on the type of work and risk to the facility (i.e., adequate controls
and restrictions are in place). The COR will notify the Contractor of an
approved contract start date as well as favorable or unfavorable finding
of the suitability determinations.

D. Security Processing Requirements for Low Risk IT Service Contracts

Processing requirements for Low Risk IT Service Contracts are as
follows.

1\. Contract employees employed in all Low Risk IT service contracts
will require a National Agency Check and Inquiries (NACI) to be
processed. The COR will forward a completed Form SF‑85, Form FD‑258,
Fingerprint Chart, and Credit Release Authorization to the servicing
Security Officer within three working days from start of work, who will
send the investigative packet to the Office of Personnel Management.

2\. For Low Risk IT service contracts, individuals who are not U.S.
citizens (lawful permanent residents) must undergo a NACI that includes
an agency check conducted by the Customs and Immigration Service (CIS).
The COR must request the CIS check as a part of the NAC.

E. Notification of Disqualifying Information

If the Office of Security receives disqualifying information on a
contract employee, the COR will be notified. The COR, in coordination
with the Contracting Officer, will immediately remove the employee from
duty requiring access to Departmental facilities or IT systems. Contract
employees may be barred from working on the premises of a facility for
any of the following reasons:

-   Conviction of a felony of a crime of violence or of a misdemeanor
    involving moral turpitude.

-   Falsification of information entered on security screening forms or
    of other documents submitted to the Department.

-   Improper conduct once performing on the contract, including
    criminal, infamous, dishonest, immoral, or notoriously disgraceful
    conduct or other conduct prejudicial to the Government regardless of
    whether the conduct directly related to the contract.

-   Any behavior judged to pose a potential threat to Departmental
    information systems, personnel, property, or other assets.

**NOTE: Failure to comply with the requirements may result in
termination of the contract or removal of some contract employees from
Department of Commerce facilities.**

F. Access to National security Information

Compliance with these requirements shall not be construed as providing a
contract employee clearance to have access to national security
information.

G. The Contractor shall include the substance of this clause, including
this paragraph, in all subcontracts.

(End of Clause)

**7.10 \*\*CAR 1352.252-71 Regulatory Notice (March 2000)**

> Offerors are advised that certain provisions and clauses identified
> with a Commerce Acquisition Regulation (CAR) notation for
> identification purposes, have not yet been incorporated into the CAR.
> However, all of these items are binding for this acquisition and will
> eventually be contained in the CAR at Part 13 of Title 48 of the Code
> of Federal Regulations.

**7.11 1352.237-73 Key Personnel (March 2000[)]{.underline}**

\(a\) The Contractor shall assign to this contract the following Key
Personnel:

[Name]{.underline} [Title]{.underline}

  --------------------------- -------------------------------------------
                              

                              

                              

                              

                              
  --------------------------- -------------------------------------------

\(b\) The Contractor shall obtain the consent of the Contracting Officer
prior to making Key Personnel substitutions. Replacements for Key
Personnel must possess qualifications equal to or exceeding the
qualifications of the personnel being replaced specified.

(1) Requests for changes shall be submitted to the Contracting Officer
    at least 15 working days prior to making any permanent
    substitutions. The request should contain a detailed explanation of
    the circumstances necessitating the proposed substitutions, complete
    resumes for the proposed substitutes, and any additional information
    requested by the Contracting Officer. The Contracting Officer will
    notify the Contractor within 10 working days after receipt of all
    required information of the decision on substitutions. The contract
    will be modified to reflect any approved changes.

**7.12 OPTION TO INCREASE OR DECREASE LEVEL OF EFFORT**

The Government, at its option, may increase or decrease the level of
effort required under this contract. A contract modification will be
executed to increase or decrease the specified level of effort. In the
event additional labor hours are required, billing shall be in
accordance with the prices listed in the Schedule, Section B.

**8.1 52.252-1 PROVISIONS INCORPORATED BY REFERENCE (FEB 1998)**

This solicitation incorporates one or more 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.
Also, the full text of a clause may be accessed electronically at
this/these address (es):

http://acquisition.gov/far/index.html

(End of Clause)

> 52.202-1 DEFINITIONS (JUL 2004)
>
> 52.203-3 GRATUITIES (APR 1984)
>
> 52.203-5 COVENANT AGAINST CONTINGENT FEES (APR 1984)
>
> 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL
> 1995)
>
> 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)
>
> 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL
> OR IMPROPER ACTIVITY (JAN 1997)
>
> 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY
> (JAN 1997)
>
> 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL
> TRANSACTIONS (SEP 2005)
>
> 52.204-1 APPROVAL OF CONTRACT (DEC 1989)
>
> 52.204-2 52.204-2  Security Requirements (AUG 1996)
>
> 52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON RECYCLED PAPER (AUG 2000)
>
> 52.204-7 CENTRAL CONTRACTOR REGISTRATION (OCT 2003)
>
> 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN
> 2006)
>
> 52.209-6 PROTECTING THE GOVERNMENT\'S INTEREST WHEN SUBCONTRACTING
> WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN
> 2005)
>
> 52.215-2 AUDIT AND RECORDS\--NEGOTIATION (JUN 1999)

8.  ORDER OF PRECEDENCE\--UNIFORM CONTRACT FORMAT (OCT 1997)

9.  NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

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24. LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

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8.  OPTION TO EXTEND SERVICES (NOV 1999)

> 52.219-6 Notice of Total Small Business Set-Aside
>
> 52.222-19 CHILD LABOR -- COOPERATION WITH AUTHORITIES AND REMEDIES
> (JUN 2004) 22. (505 (b)
>
> 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999) 22.810
> (a)(i)
>
> 52.222-26 EQUAL OPPORTUNITY (APR 2002)
>
> 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF
> THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS. \[DEC 2001\]
>
> 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)
>
> 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF
> THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)

52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (NOV 2007)

52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

52.222-50 COMBATING TRAFFICKING IN PERSONS (AUG 2007)

5.  POLLUTION PREVENTION AND RIGHT-TO-KNOW

> INFORMATION (AUG 2003)

6.  DRUG-FREE WORKPLACE (MAY 2001)

> 52.223-10 WASTE REDUCTION PROGRAM (AUG 2000)

13. RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006)

> 52.227-14 RIGHTS IN DATA\--GENERAL (JUN 1987)
>
> 52.232-7 PAYMENTS. PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR HOUR
> CONTRACTS (Feb 2007)
>
> 52.232-8 Discounts for Prompt Payment (Feb 2002)
>
> 52.232-9 Limitation on Withholding of Payments (Apr 1984)

17. INTEREST (JUN 1996)

> 52.232-18 AVAILABILITY OF FUNDS
>
> 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR
>
> 52.232-22 LIMITATION OF FUNDS
>
> 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)
>
> 52.232-25 PROMPT PAYMENT (OCT 2003)
>
> 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER\--CENTRAL CONTRACTOR
> REGISTRATION (OCT 2003)
>
> 52.233-1 DISPUTES (JUL 2002)\--ALTERNATE I (DEC 1991)
>
> 52.233-3 PROTEST AFTER AWARD (AUG 1996)
>
> 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION
> (APR 1984)
>
> 52.237-3 CONTINUITY OF SERVICES (JAN 1991)
>
> 52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)
>
> 52.242-13 BANKRUPTCY (JUL 1995)

14. SUSPENSION OF WORK (APR 1984)

> 52.243-3 CHANGES -- TIME-AND-MATERIALS AND LABOR HOUR CONTRACTS (NOV
> 2007)
>
> 52.244-2 SUBCONTRACTS (AUG 1998)
>
> 52.245-1 GOVERNMENT PROPERTY
>
> 52.248-1 VALUE ENGINEERING (FEB 2000)

6.  TERMINATION (COST-REIMBURSEMENT) (MAY 2004)\--ALTERNATE IV

> (SEP 1996)

52.249-14 EXCUSABLE DELAYS (APR 1984) (Reference)

> 52.253-1 COMPUTER GENERATED FORMS (JAN 1991)

**8.2 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)**

> **\*\*\*\*\*** The Contracting Officer may exercise the option by
> written notice to the Contractor within **10 days of the expiration
> date of the contract**. **\*\*\*\*\***

**8.3 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 30 days prior to the current contract
> period; provided that the Government gives the Contractor a
> preliminary written notice of its intent to extend at least
> \_\_[60]{.underline}\_\_ 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 [\_\_1
> years.]{.underline}

## 9.1 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

> \(a\) (1) The North American Industry Classification System (NAICS)
> code for this acquisition is **541519 -- Other Computer Related
> Services**.
>
> \(2\) The small business size standard is **average annual gross
> receipts not exceeding \$23.0 million for the past three, complete
> fiscal years**.
>
> \(3\) The small business size standard for a concern which submits an
> offer in its own name, other than on a construction or service
> contract, but which proposes to furnish a product which it did not
> itself manufacture, is 500 employees.
>
> \(b\) (1) If the clause at 52.204-7, Central Contractor Registration
> is included in this solicitation, paragraph (c) of this provision
> applies.
>
> \(2\) If the clause at 52.204-7 is not included in this solicitation,
> and the offeror is currently registered in CCR, and has completed the
> ORCA electronically, the offeror may choose to use paragraph (c) of
> this provision instead of completing the corresponding individual
> representations and certifications in the solicitation. The offeror
> shall indicate which option applies by checking one of the following
> boxes:
>
> (i) Paragraph (c) applies.
>
> (ii) Paragraph (c) does not apply and the offeror has completed the
> individual representations and certifications in the solicitation.

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at
[http://orca.bpn.gov](http://orca.bpn.gov/). After reviewing the ORCA
database information, the offeror verifies by submission of the offer
that the representations and certifications currently posted
electronically have been entered or updated within the last 12 months,
are current, accurate, complete, and applicable to this solicitation
(including the business size standard applicable to the NAICS code
referenced for this solicitation), as of the date of this offer and are
incorporated in this offer by reference (see FAR 4.1201); except for the
changes identified below:

> *\[offeror to insert changes, identifying change by clause number,
> title, date\].*

These amended representation(s) and/or certification(s) are also
incorporated in this offer and are current, accurate, and complete as of
the date of this offer.

+-----------+----------------------------+----+----------------------+
| FAR       | ###### Title               | #  | ###### Change        |
|           |                            | ## |                      |
| ######    |                            | ## |                      |
| Clause \# |                            | #  |                      |
|           |                            | Da |                      |
|           |                            | te |                      |
+-----------+----------------------------+----+----------------------+
|           |                            |    |                      |
+-----------+----------------------------+----+----------------------+

Any changes provided by the offeror are applicable to this solicitation
only, and do not result in an update to the representations and
certifications posted on ORCA.

## 10.1 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 address: http://acquisition.gov/far/index.html

> **52.204-6 DATA UNIVERSAL NUMBERING SYSTEM (DUNS) NUMBER (OCT 2003)**
>
> **52.215-5 FACSIMILE PROPOSALS (OCT 1997)**

## 10.2 CAR 1352.252-71 REGULATORY NOTICE (MARCH 2000)

Offerors are advised that certain provisions and clauses identified with
a Commerce Acquisition Regulation (CAR) notation for identification
purposes have not yet been incorporated into the CAR. However, all of
these items are binding for this acquisition and will eventually be
contained in the CAR at Part 13 of Title 48 of the Code of Federal
Regulations.

## 10.3 52.215-20 REQUIREMENTS FOR COST OR PRICING DATA OR INFORMATION OTHER THAN 

## COST OR PRICING DATA (OCT 1997)\--ALTERNATE I (OCT 1997)

\(a\) \"Exceptions from cost or pricing data.\"

> \(1\) In lieu of submitting cost or pricing data, offerors may submit
> a written request for exception by submitting the information
> described in the following paragraphs. The Contracting Officer may
> require additional supporting information, but only to the extent
> necessary to determine whether an exception should be granted, and
> whether the price is fair and reasonable.
>
> \(i\) \"Identification of the law or regulation establishing the price
> offered. If the price is controlled under law by periodic rulings,
> reviews, or similar actions of a governmental body, attach a copy of
> the controlling document, unless it was previously submitted to the
> contracting office.
>
> \(ii\) \"Commercial item exception.\" For a commercial item exception,
> the offeror shall submit, at minimum, information on prices at which
> the same item or similar items have previously been sold in the
> commercial market that is adequate for evaluating the reasonableness
> of the price for this acquisition. Such information may include---
>
> \(A\) For catalog items, a copy of or identification of the catalog
> and its date, or the appropriate pages for the offered items, or a
> statement that the catalog is on file in the buying office to which
> the proposal is being submitted. Provide a copy or describe current
> discount policies and price lists (published or unpublished), e.g.,
> wholesale, original equipment manufacturer, or reseller. Also explain
> the basis of each offered price and its relationship to the
> established catalog price, including how the proposed price relates to
> the price of recent sales in quantities similar to the proposed
> quantities;
>
> \(B\) For market-priced items, the source and date or period of the
> market quotation or other basis for market price, the base amount, and
> applicable discounts. In addition, describe the nature of the market;
>
> \(C\) For items included on an active Federal Supply Service Multiple
> Award Schedule contract, proof that an exception has been granted for
> the schedule item.
>
> \(2\) The offeror grants the Contracting Officer or an authorized
> representative the right to examine, at any time before award, books,
> records, documents, or other directly pertinent records to verify any
> request for an exception under this provision, and the reasonableness
> of price. For items priced using catalog or market prices, or law or
> regulation, access does not extend to cost or profit information or
> other data relevant solely to the offeror\'s determination of the
> prices to be offered in the catalog or marketplace.

\(b\) \"Requirements for cost or pricing data.\" If the offeror is not
granted an exception from the requirement to submit cost or pricing
data, the following applies:

> \(1\) The offeror shall submit cost or pricing data and supporting
> attachments in the following format:
>
> \(2\) As soon as practicable after agreement on price, but before
> contract award (except for unpriced actions such as letter contracts),
> the offeror shall submit a Certificate of Current Cost or Pricing
> Data, as prescribed by FAR 15.406-2.

## 10.4 PROPOSAL PREPARATION INSTRUCTIONS

\(a\) General Instructions. Proposals are expected to conform to
solicitation provisions and be prepared in accordance with this section.
To aid in evaluation, the proposal shall be written clearly and
concisely, as well as being neat, indexed (cross-indexed as
appropriate,) and logically assembled. All pages of each part shall be
appropriately numbered and identified with the name of the offeror, the
date, and the solicitation number. The offeror shall submit one original
of their proposal, marked as such, and three copies. Each volume shall
be clearly marked by volume number and title.

\(b\) Overall Arrangement of Proposal.

> \(1\) Part I - Business Proposal. The Business Proposal shall include
> the following:

-   Completed Form SF 33, Solicitation, Offer and Award signed by an
    authorized official of the Contractor,

-   Completed Price Table in the same format as Section B.2 Price Table
    (Labor rates must be inclusive of salary, benefits, overhead,
    indirect costs, and profit),

-   Completed Representations and Certifications (see Section K.1),

-   Statement of any exceptions or deviations taken by the Contractor to
    the requirements of the solicitation, and any assumptions on which
    its offer is based,

-   Contact information for Contractor business and technical
    points-of-contact, and

-   Other business information pertinent to the offer.

> \(2\) Part II - Technical Proposal. The Technical Proposal shall
> include the following:

-   A description of the Contractor's understanding of the Government's
    requirement and how the Contractor will perform all elements of the
    requirement including technical and administrative tasks. The
    Contractor must address how it will manage its work to meet
    performance criteria, schedules, security requirements, and contract
    administration tasks.

-   A description of the Contractor's corporate resources that will be
    applied to meet the requirement,

-   A description of the proposed project team with roles,
    responsibilities, and lines of authority clearly stated. Include
    résumés of proposed project team members, and

-   Contact information for references on at least three projects
    performed in the past three years that are similar in nature and
    scope as the requirement described in this solicitation. For each
    reference, identify associated project by contract number, issuing
    agency or organization, total contract value, period of performance,
    description of the requirement, and description of similarities with
    the requirement described in this solicitation.

    \(3\) The proposal shall be typed, double-spaced, with one inch
    margins, using 12 pitch type (or equivalent) and printed, unreduced
    in size, on 8-1/2\" by 11\" paper, not exceeding 20 pages, single
    sided, exclusive of resumes and related corporate experience.

## 10.5 52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a Labor-Hour contract resulting
from this solicitation.

## 10.6 FAR CLAUSE 52.233-2 SERVICE OF PROTEST (AUG 1996)

\(a\) Protests, as defined in section 33.101 of the Federal Acquisition
Regulation, that are filed directly with an agency, and copies of any
protests that are filed with the General Accounting Office (GAO), shall
be served on the Contracting Officer (addressed as follows) by obtaining
written and dated acknowledgment of receipt from:

BY EXPRESS PACKAGE SERVICE: BY U.S. MAIL:

U.S. CENSUS BUREAU U.S. CENSUSBUREAU

ACQUISITION DIVISION ACQUISITION DIVISION

RE: SOLICITATION PROTEST RE: SOLICITATIONPROTEST

4600 SILVER HILL ROAD MAIL STOP 1700

Room 3J438 WASHINGTON, DC 20233

SUITLAND, MD 20746

\(b\) The copy of any protest shall be received in the office designated
above within one day of filing a protest with the GAO.

**10.7 CAR 1352.233-71 SERVICE OF PROTESTS (MARCH 2000)**

An agency protest may be filed with either (1) the Contracting Officer,
or (2) at a level above the Contracting Officer, with the agency Protest
Decision Authority. See 64 Fed. Reg. 16,651 (April 6, 1999) (Internet
site: http://oamweb.osec.doc.gov/conops/reflib/alp1296.htm) for the
procedures for filing agency protests at the level above the Contracting
Officer (with the Protest Decision Authority). Agency protests filed
with the Contracting Officer shall be sent to the following address:

> Contracting Officer
>
> Information Technology Contracts Branch
>
> Acquisition Division
>
> Bureau of the Census
>
> 4600 Silver Hill Road
>
> Room 3J438
>
> Suitland, Maryland 20746

If a protest is filed with either the Protest Decision Authority, or
with the General Accounting Office (GAO), a complete copy of the protest
(including all attachments) shall be served upon both the Contracting
Officer and Contract Law Division of the Office of the General Counsel
within one day of filing with the Protest Decision Authority or with
GAO. Service upon the Contract Law Division shall be made, as follows:

U.S. Department of Commerce

> Office of the General Counsel
>
> Contract Law Division\--Room 5893
>
> Herbert C. Hoover Building
>
> 14th Street & Constitution Avenue, N.W.
>
> Washington, D.C. 20230.
>
> Attn: Mark Langstein, Esquire
>
> FAX: (202) 482-5858

## 10.8 CAR 1352.242-71 POST-AWARD CONFERENCE (MARCH 2000)

A post-award conference with the successful offeror may be required. If
required, it will be scheduled and held within seven days after the date
of contract award. The conference will be held at: U.S. Census Bureau,
4600 Silver Hill Road, Suitland, Maryland, 20746.