**PART 1 -- THE SCHEDULE**

**SECTION B -- GENERAL DESCRIPTION AND PRICE SCHEDULE**

**B.1 PROGRAM OBJECTIVE**

The COMMerce Information Technology Solutions Next Generation (COMMITS
NexGen) program is an indefinite delivery, indefinite quantity (ID/IQ)
task order contract designed to provide the Federal Government with
Information Technology (IT) solutions. The objective of the COMMITS
NexGen program is to become the Government-wide Agency Contract (GWAC)
vehicle of choice for the Federal Government to meet its demand for
high-quality competitive Information Technology (IT) solutions from a
pool of exceptionally qualified, high quality small, small
disadvantaged, small 8(a), small women-owned, small veteran-owned, small
service disabled veteran-owned, and small HUBZone businesses.

**B.2 WORK ESTIMATES & ROLES**

The Commerce Information Technology Solutions Office (CITS) does not
have projects designated for COMMITS NexGen program and they are not
guaranteed to be forthcoming. The COMMITS NexGen GWAC will provide
agencies a low risk alternative of placing task orders with small
businesses. However, agencies/potential clients of these contracts will
make their own decisions on the benefits of utilizing the COMMITS NexGen
pool of small businesses in this program for IT requirements. The
requirements may range from simple to highly complex. At this time, the
breakdown of contract types for task orders issued under COMMITS NexGen
is unknown, as is the location of work and the breakdown of government
site and contractor site work. Additionally, there is uncertainty
regarding the amount of supplies, travel and other direct costs that
will be required.

The Department will be obligated to partners only for services, items
and quantities specified in a valid task order under an awarded contract
or, in the event that no order is issued for the minimum established.

**B.3 CAR 1352.216-70 CONTRACT TYPE (MAR 2000)**

This multiple award Indefinite Delivery-Indefinite Quantity (IDIQ)
contract provides for Firm Fixed Price, Cost Plus Fixed Fee, Cost Plus
Award Fee, Labor Hours; Time-and-Materials; and Fixed Price Award Fee;
Firm-Fixed-Price Level -of-Effort term, type task orders with options in
task order awards. The contract provides for a base ordering period from
contract award through January 20, 2006, five one-year options for
awarding task orders, and five one-year options for completing task
order performance.

**B.4 CAR 1352.216-72 Minimum and Maximum Contract Amounts (MAR 2000)**

During the period specified in the Ordering Clause (FAR 52.216-18), the
Government shall place orders totaling a minimum of \$150.00. The amount
of all orders shall not exceed \$8,000,000,000.00.

**B.5 FULFILLING MINIMUM ORDERING REQUIREMENTS**

The Government has no obligation to issue task orders to the Contractor
beyond the minimum amount specified above (\$150.00). While the awarded
Contractors will receive the minimum, it is intended that the
Contractors will compete for task orders under the contract's fair
opportunity procedures. If at the end of the contract, which includes
exercise of all options, a Contractor has not been awarded a task
order(s) of at least \$150.00 in total value, the CITS office will
direct awards to meet the minimum contractual obligation. Once the
Contractor has received task orders valued at the minimum, the
Contractor will continue to have the opportunity to be issued task
order(s) under the COMMITS NexGen contract unless notified by the
Contracting Officer in accordance with Clause G.11. The exercise of an
option does not re-establish the contract minimum.

The Contractor's proposal, which must include a specific solution
including services, products, quantities and performance metrics, will
be incorporated into the Task Order. Any conflicts will be resolved in
the best interest of the Government.

The maximum cumulative dollar amount that may potentially be awarded, to
all Contractors combined, under COMMITS NexGen is \$8,000,000,000.

**(End of Section B)**

**SECTION C -- DESCRIPTION/SPECIFICATIONS**

**C.1 BACKGROUND**

The principal goal of the Commerce Information Technology Solutions Next
Generation (COMMITS NexGen) program is to continue the momentum
established by the COMMITS predecessor. COMMITS NexGen will provide an
attractive alternative GWAC vehicle that allows small businesses to
change the way Government IT problems are solved. The GWAC is
established under the explicit statutory authority of the Clinger-Cohen
legislation, to provide a pool of exceptionally qualified, high quality
small, small disadvantaged, small 8(a), small women-owned, small
veteran-owned, and small service disabled veteran-owned, and small
HUBZone businesses. These partners will deliver information technology
solutions to the Department of Commerce and other Federal agencies
through a performance based, streamlined method of acquisition.

The COMMITS NexGen contract program is a true solutions-based vehicle.
Under this structure the contracts contain neither fixed labor rates nor
categories, nor do they contain pre-established line items. The COMMITS
NexGen solution approach does not limit the partners to predefined
contract line items. For each fair-opportunity task order competition,
the COMMITS NexGen partners are free to identify and propose the best
solution, with the focus on results. Unless exempted (see FAR
16.505(b)(2)), each task order will be competed under the COMMITS fair
opportunity competitive procedures (see attachment J -- 1). The COMMITS
Fair Opportunity competitive procedures will maintain an ongoing
competitive environment throughout the life of the contracts. Free from
the constraints of prescribed CLINS and products, the solution-based
structure will significantly improve each Contractor's ability to craft
innovative and state-of-the-art solutions.

**C.2 SCOPE**

COMMITS NexGen is a broad \"solutions\" based vehicle. The contract
scope includes all products and services necessary to meet the
requesting activity\'s requirement. COMMITS NexGen contracts are
available to both the Department and other government agencies and
provide a pool of high quality talent from which to acquire information
technology services and solutions. Work may be performed at headquarters
and/or field offices located throughout the United States and abroad.

As described in the chart below, the COMMITS NexGen ordering methodology
will utilize a three-tier process for task order competition.
Contractors who certified at \$6 million or \$12.5 million size
standards will be allowed to compete on task orders with a life cycle
value of equal to or less than \$5 million (Tier I). Contractors who
certified at \$21 million or 500 employees will be allowed to compete on
task orders with a life cycle value between \$5 million and \$40 million
(Tier II). Contractors who certified at 1500 employees will only be
allowed to compete on task orders with a life cycle value of more than
\$40 million (Tier III).

Contractors in Tier I or Tier II, in addition to competing on task
orders in their respective Tier, may compete on task orders in a higher
Tier. However, those in Tier II or III may not compete in task orders in
a lower Tier unless they are the incumbents. The incumbents will be able
to propose on any follow-on task order regardless of lifecycle value or
Tier.

  ------- ------------------------------ -------------------------------- --
          ORDERING METHODOLOGY                                            

  TIER    TASK ORDER LIFE-CYCLE VALUE    SIZE STANDARD                    

  I       Equal to or less than \$5M     \$6M or \$12.5M                  

  II      Between \$5M and \$40M         \$21M or 500 Employees           

  III     More than \$40M                1500 Employees                   
  ------- ------------------------------ -------------------------------- --

**C.3 REQUIREMENTS**

The requirements contained herein are intended to outline the general
requirements required under COMMITS NexGen. The Contractor is not
required to perform services in all of the listed categories. The work
to be performed by each Contractor will be detailed in the specific task
orders issued pursuant to the Master Contract. The Contractor shall
furnish the necessary means and methods (including, but not limited to
personnel, material, services, supervision, documentation,
transportation, shipping, tools, training, facilities, in accordance
with government/departmental/industry standards) required to meet
requirements of this Contract and individual task orders awarded under
this Master Contract.

**C.3.1 Wired Telecommunications Carriers**

The Contractor shall provide services that entail: (1) operating and
maintaining switching and transmission facilities to provide
point-to-point communications via landlines, microwave, or a combination
of landlines and satellite linkups or (2) furnishing telegraph and other
non-vocal communications using their own facilities.

**C.3.2 Paging**

The Contractor shall provide operating paging networks, to include
maintaining equipment used to receive signals.

**C.3.3 Cellular and Other Wireless Telecommunications**

The Contractor shall provide cellular telecommunications services and
other wireless telecommunications networks (except paging).

**C.3.4 Telecommunications Resellers**

The Contractor shall provide access and network capacity from owners and
operators of the networks and reselling wired and wireless
telecommunications services (except satellite) to businesses and
households.

**C.3.5 Internet Publishing and Broadcasting**

The Contractor shall provide publishing and/or broadcasting content on
the Internet exclusively, to include textual, audio, and/or video
content of general or specific interest. The Contractor shall not
provide traditional (non-Internet) versions of the content that is
published or broadcast.

**C.3.6 Internet Service Providers**

The Contractor shall provide access to the Internet and generally
provide related services such as web hosting, web page designing, and
hardware or software consulting related to Internet connectivity.
Contractor may provide local, regional, or national coverage or provide
backbone services (except telecommunications carriers) for other
Internet service providers. Internet service providers must have the
equipment and telecommunication network access required for a
point-of-presence on the Internet.

**C.3.7 Data Processing, Hosting, and Related Services**

The Contractor shall provide infrastructure for hosting or data
processing services. The Contractor may provide specialized hosting
activities, such as web hosting, streaming services or application
hosting, provide application service provisioning, or may provide
general time-share mainframe facilities to clients. Data processing
contractors must provide complete processing and specialized reports
from data supplied by clients or provide automated data processing and
data entry services.

**C.3.8 Custom Computer Programming Services**

The Contractor shall provide computer-programming services, to include
writing, modifying, testing, and supporting software.

**C.3.9 Computer Systems Design Services**

The Contractor shall plan and design computer systems that integrate
computer hardware, software, and communication technologies. The
hardware and software components of the system may be provided by the
Contractor as part of integrated services or may be provided by third
parties or vendors. The Contractor may install the system and train and
support users of the system.

**C.3.10 Computer Facilities Management Services**

The Contractor shall provide on-site management and operation of the
contracting activity\'s computer systems and/or data processing
facilities. This may include the establishment of computer systems or
data processing facilities support services. This service may include
maintaining a centralized technical assistance service that supports
problem resolution and distributes general information concerning office
automation.

**C.3.11 Other Computer Related Services**

The Contractor shall provide computer related services (except custom
programming, systems integration design, and facilities management
services). This may include computer disaster recovery services,
software installation services and a full range of information systems
security support solutions.

**C.3.12 Satellite Telecommunications**

The Contractor shall provide point-to-point telecommunications services
to other establishments in the telecommunications and broadcasting
industries by forwarding and receiving communications signals via a
system of satellites or reselling satellite telecommunications.

**C.3.13 Cable and Other Program Distribution**

The Contractor shall support third-party distribution systems for
broadcast programming. The Contractor shall deliver visual, aural, or
textual programming received from cable networks, local television
stations, or radio networks to the contracting activity via cable or
direct-to-home satellite systems on a subscription or fee basis.

**C.3.14 Other Telecommunications**

The Contractor shall provide specialized telecommunications
applications, such as satellite tracking, communications telemetry, and
radar station operations; or provide satellite terminal stations and
associated facilities operationally connected with one or more
terrestrial communications systems and capable of transmitting
telecommunications to or receiving telecommunications from satellite
systems.

**C.3.15 Web Search Portals**

The Contractor shall provide web search portals. This includes operating
web sites that use a search engine to generate and maintain extensive
databases of Internet addresses and content in an easily searchable
format. Web search portals often provide additional Internet services,
such as e-mail; connections to other web sites, auctions, news, and
other limited content, and serve as a home base for Internet users.

**C.3.16 Libraries and Archives**

The Contractor shall provide library or archive services, to include
maintaining collections of documents (e.g., books, journals, newspapers,
and music) and facilitating the use of such documents (recorded
information regardless of its physical form and characteristics) as are
required to meet the informational, research, educational, or
recreational needs of the contracting activity. It may also include
acquiring, researching, storing, preserving, and generally making
accessible to the public historical documents, photographs, maps, audio
material, audiovisual material, and other archival material of
historical interest, electronically.

**C.3.17 All Other Information Services**

The Contractor shall provide other information services (except news
syndicates and libraries and archives).

**C.3.18 Other Scientific and Technical Consulting Services**

The Contractor shall provide advice and assistance to businesses and
other organizations on scientific and technical issues (except
environmental).

**C.3.19 All Other Professional, Scientific and Technical Services**

The Contractor shall provide professional, scientific, or technical
services (except legal services; accounting, tax preparation,
bookkeeping, and related services; architectural, engineering, and
related services; specialized design services; computer systems design
and related services; management, scientific, and technical consulting
services; scientific research and development services; advertising and
related services; market research and public opinion polling;
photographic services; translation and interpretation services; and
veterinary services).

**C.4 GOVERNMENT FURNISHED PROPERTY**

Government furnished property will be addressed under each individual
task order.

**(End of Section C)**

**SECTION D - PACKAGING AND MARKING**

**D.1 GENERAL**

Section D applies when a task order includes the shipment of supplies.
Each task order shall contain any packing or marking information unique
to that requirement. At a minimum, unless otherwise specified by an
individual Task Order, the following paragraphs shall be applicable to
all Task Orders issued under this Contract.

**D.2 FAR 52.252-02 CLAUSES INCORPORATED BY REFERENCE (JUN 1988)**

This contract incorporates one or more clauses by reference, with the
same force and effect as if it were in full text. The applicable F.O.B.
will be incorporated into the individual Task Orders pursuant to the
Master Contract. 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>.

FEDERAL ACQUISTION REGULATION (48 CFR CHAPTER 1) CLAUSES

  ------------------------------ --------------------- ----------------------
  [CLAUSE]{.underline}           [TITLE]{.underline}   [DATE]{.underline}

  52.247-29 F.O.B Origin                               JUN 1988

  52.247-24 F.O.B. Destination                         NOV 1991

  52.247-62 Specific Quantities                        APR 1984
  ------------------------------ --------------------- ----------------------

**D.3 PACKAGING**

The Contractor shall ensure that all items are preserved, packaged,
packed, and marked in accordance with best commercial practices to meet
the packing requirements of the carrier and ensure safe delivery at
destination.

**D.3.1 CAR 1352.247-70 Packing for Domestic Shipment (March 2000)**

Material shall be packed for shipment in such a manner that will ensure
acceptance by common carriers and safe delivery at destination.
Containers and closures shall comply with the Interstate Commerce
Commission regulations, Uniform Freight Classification rules, or
regulations of other carriers as applicable to the mode of
transportation.

**D.3.2 CAR 1352.247-71 Packing for Overseas Shipment (March 2000)**

Supplies shall be packed for overseas shipment in accordance with the
best commercial export practice suitable for transport to arrive
undamaged at ultimate destination.

**D.4 CAR 1352.247-72 Marking Deliverables (March 2000)**

The contract number shall be placed on or adjacent to all exterior
mailing or shipping labels of deliverable items called for by each Task
Order under the contract, except for reports.

Mark deliverables, except for reports, for:

> a\. NAME OF CONTRACTOR;
>
> b\. CONTRACT NUMBER;
>
> c\. TASK ORDER NUMBER;
>
> d\. DESCRIPTION OF ITEMS CONTAINED THEREIN;

**(End of Section D)**

**SECTION E -- INSPECTION AND ACCEPTANCE**

**E.1 GENERAL**

At a minimum, the following paragraphs shall be applicable to all Task
Orders issued under this Contract, unless otherwise specified by an
individual Task Order. Additional inspection and acceptance requirements
may be specified in each Task Order (TO).

**E.2 FAR 52.252-2 CONTRACT CLAUSES INCORPORATED BY REFERENCE (FEB
1998)**

This Contract incorporates the following Federal Acquisition Regulation
(FAR) clauses, by reference, with the same force and effect as if they
were given in full text. The applicable clauses will be incorporated
into the individual Task Orders pursuant to the Master Contract. Upon
request, the Contracting Officer will make their full text available.
Also, the full text of a clause may be accessed electronically on the
Internet at http://www.ARNet.gov/far.

+------------+--------+----------------------------------+------------+
| [CLAUSE]{. |        | [TITLE]{.underline}              | [DATE]{.   |
| underline} |        |                                  | underline} |
+------------+--------+----------------------------------+------------+
| 52.246-02  |        |                                  | AUG 1996   |
| INSPECTION |        |                                  |            |
| OF         |        |                                  |            |
| SUPPLIES - |        |                                  |            |
| FIXED      |        |                                  |            |
| PRICE      |        |                                  |            |
+------------+--------+----------------------------------+------------+
| 52.246-03  | INSP   |                                  | JAN 2001   |
|            | ECTION |                                  |            |
|            | OF     |                                  |            |
|            | SUPP   |                                  |            |
|            | LIES - |                                  |            |
|            | COST   |                                  |            |
|            | R      |                                  |            |
|            | EIMBUR |                                  |            |
|            | SEMENT |                                  |            |
+------------+--------+----------------------------------+------------+
| 52.246-04  |        |                                  | AUG 1996   |
| INSPECTION |        |                                  |            |
| OF         |        |                                  |            |
| SERVICES - |        |                                  |            |
| F          |        |                                  |            |
| IXED-PRICE |        |                                  |            |
+------------+--------+----------------------------------+------------+
| 52.246-05  | INSP   |                                  | APR 1984   |
|            | ECTION |                                  |            |
|            | OF     |                                  |            |
|            | SERV   |                                  |            |
|            | ICES - |                                  |            |
|            | COST   |                                  |            |
|            | R      |                                  |            |
|            | EIMBUR |                                  |            |
|            | SEMENT |                                  |            |
+------------+--------+----------------------------------+------------+
| 52.246-06  |        |                                  | JAN 2001   |
| IN         |        |                                  |            |
| SPECTION - |        |                                  |            |
| TIME-AN    |        |                                  |            |
| D-MATERIAL |        |                                  |            |
| AND        |        |                                  |            |
|            |        |                                  |            |
| LABOR HOUR |        |                                  |            |
+------------+--------+----------------------------------+------------+
| 52.246-15  |        |                                  | APR 1984   |
| C          |        |                                  |            |
| ERTIFICATE |        |                                  |            |
| OF         |        |                                  |            |
| C          |        |                                  |            |
| ONFORMANCE |        |                                  |            |
+------------+--------+----------------------------------+------------+
| 52.246-16  |        |                                  | APR 1984   |
| RESP       |        |                                  |            |
| ONSIBILITY |        |                                  |            |
| FOR        |        |                                  |            |
| SUPPLIES   |        |                                  |            |
+------------+--------+----------------------------------+------------+

**E.3 CONTRACTOR RESPONSIBILITIES ASSOCIATED WITH INSPECTION, TESTING
AND ACCEPTANCE OF CONTRACTOR PROVIDED PRODUCTS AND SERVICES**

The Contractor is responsible for completion, verification, confirmation
and communication to the Government of all inspections and tests results
necessary to substantiate that the products and services furnished under
task orders conform to the contract and task order requirements. Receipt
is not complete and Government testing, inspection and acceptance need
not begin until after the Contractor has fulfilled the aforementioned
responsibilities.

**E.4 CAR 1352.246-70 INSPECTION AND ACCEPTANCE (MAR 2000)**

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

b\. Applicable terms of Inspection and acceptance will be stipulated on
each individual Task Order.

**(End of Section E)**

**SECTION F -- DELIVERIES OR PERFORMANCE**

**F.1 FAR 52.252-2 Clauses Incorporated by Reference (FEB 1998)**

This Contract incorporates the following clauses, by reference, with the
same force and effect as if it were given in full text. The applicable
clauses will be incorporated into the individual Task Orders pursuant to
the Master Contract. Upon request, the Contracting Officer will make
their full text available. Also, the full text of a clause may be
accessed electronically on the Internet at <http://www.ARNet.gov/far>.

FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES

  ------------------ ----------------------------------------- --------------------
  [CLAUSE            [TITLE]{.underline}                       [DATE]{.underline}
  NO.]{.underline}                                             

  52.211-08          Time of Delivery                          JUN 1997

  52.211-08          Time of Delivery (JUN 1997) Alternate I   APR 1984

  52.211-08          Time of Delivery (JUN 1997) Alternate II  APR 1984

  52.211-08          Time of Delivery (JUN 1997) Alternate III APR 1984

  52.211-09          Desired and Required Time of Delivery     JUN 1997

  52.211-09          Desired and Required Time of Delivery     APR 1984
                     (JUN 1997) Alternate I                    

  52.211-09          Time of Delivery (JUN 1997) Alternate II  APR 1984
                     Desired and Required                      

  52.211-09          Desired and Required Time of Delivery     APR 1984
                     (JUN 1997) Alt III                        

  52.211-16          Variation in Quantity                     APR 1984

  52.211-17          Delivery of Excess Quantities             SEP 1989

  52.242-15          Stop-Work Order -Alternate I              AUG 1989

  52.242-17          Government Delay of Work                  APR 1984

  52.247-34          F.o.b. Destination                        NOV 1991
  ------------------ ----------------------------------------- --------------------

**F.2 CAR 1352.215-70 Period of Performance (MAR 2000)**

a\. The period of performance of this contract is from contract award
through January 20, 2006. If an option is exercised, the period of
performance shall be extended through the end of that option period.

b\. The option periods that may be exercised are as follows:

> **Option Periods**

  ---------------------- -------------------------- --------------------------
  [Period]{.underline}   [Start Date]{.underline}   [End Date]{.underline}

  Option I               January 21, 2006           January 20, 2007

  Option II              January 21, 2007           January 20, 2008

  Option III             January 21, 2008           January 20, 2009

  Option IV              January 21, 2009           January 20, 2010

  Option V               January 21, 2010           January 20, 2011

  Option VI              January 21, 2011           January 20, 2012

  Option VII             January 21, 2012           January 20, 2013

  Option VIII            January 21, 2013           January 20, 2014

  Option IX              January 21, 2014           January 20, 2015
  ---------------------- -------------------------- --------------------------

c\. No new task orders will be issued after January 20, 2011 or if the
cumulative amount of orders set out in Section B.4 has been met,
whichever comes first;

> **Task orders issued during the base or option performance periods may
> contain options. In no event, shall option periods within any task
> order extend beyond January 20, 2015;**
>
> Task order option periods are subject to the exercise of the contract
> option periods;
>
> Options that may extend the contract beyond January 20, 2010, shall
> be\
> exercised solely for the purpose of the exercise of task order
> options; and
>
> The maximum duration of any task order performance period shall not be
> beyond January 20, 2015.

**(End of Section F)**

**SECTION G -- DELIVERIES OR PERFORMANCE**

**G.1 GENERAL**

At a minimum, the following paragraphs shall be applicable to all Task
Orders issued under this Contract unless otherwise specified by an
individual Task Order. The applicable clauses will be incorporated into
the individual Task Orders pursuant to the Master Contract.

**G.2 COMMITS NexGen CONTRACTING OFFICER**

> Department of Commerce\
> Office of Acquisition Management\
> Commerce IT Solutions\
> Attn: Patti A. Stang\
> 1401 Constitution Ave, NW\
> Washington, DC 20230
>
> Phone: (202) 482-1447\
> E-mail: pstang@doc.gov\
> Fax: (202) 501-8122

**G.3 CAR 1352.201-70 Contracting Officer\'s Authority(March 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.

**(End of Clause)**

**G.4 RESPONSIBILITY FOR CONTRACT ADMINISTRATION**

The COMMITS NexGen Contracting Officer (CO) has the overall
responsibility for this contract. The CO alone, without delegation, is
authorized to take actions on behalf of the Government to amend, modify
or deviate from the contract terms, conditions, and requirements. The CO
may delegate certain other responsibilities to authorized
representatives or to the Contracting Officer Representative (COR).

Use of electronic mail between the Government and Contractor is an
acceptable means of communicating under this contract. Any
direction/issues directed via electronic communication that will have
any impact on management of this contract will be confirmed in writing.

CORs shall be appointed in each TO issued under this contract. The
appointment will be effective until the TO is completed or a written, or
electronic, notice of termination is received from the CO responsible
for the TO, whichever occurs first. Changes to the COR may be made by
the CO via electronic mail direction or by TO modification (changes
directed by electronic mail will be confirmed in the next subsequent
modification as applicable).

The COR has the authority to monitor the technical progress of the
services that are required to be delivered under the TO. This includes,
but is not limited to, visits to the place of performance, meetings and
telephone conversations with your personnel, inspection, acceptance, or
rejection of the contracted items and other duties that may be
authorized by the CO.

The COR cannot authorize or order the cessation of contract work nor
delete, change, or waive any of the technical requirements or other
terms and conditions of the TO. Should the Contractor desire a change
(monetary or otherwise) to the TO, you must submit a written request to
the CO for consideration. If appropriate, the change will be effected by
a contract modification, after discussions and/or negotiations. Whenever
a difference of opinion between the Contractor and the CTR occurs, the
Contractor shall notify the CO or the contract administrator/specialist
immediately for resolution.

The COMMITS NexGen CO may delegate authority on an individual or class
basis to issue TOs under this contract to Department of Commerce
entities or other Government agencies. These TOs must be signed by a
warranted Contracting Officer of a Government activity who may assign a
COR and delegate certain administrative responsibilities to the COR to
assist in the administration of individual TOs. However, COs do not have
authority to obligate a Government activity other than the Government
activity in which that CO works.

The Contractor is not allowed to accept or perform under TOs issued by
other than the COMMITS NexGen CO without evidence of approved delegation
of authority. This delegation will be signed by a COMMITS NexGen CO and
at a minimum contain a delegation number, identification of the
requesting Government Activity procurement office and contracting
officer, expiration period (if any) of the delegation, designation as an
individual or class delegation, an estimated amount, a description of
services and period of performance, and any special conditions of the
delegation. The Contractor must provide a copy of each TO resulting from
such a delegation to the COMMITS CO or their designated representative
within five 5 calendar days of acceptance of the TO.

**G.5 CAR 1352.201-71 Contracting Officer's Representative (COR) (March
2000)**

a\. \_\_\_\_\_\_\_\_\_\_\_ is hereby designated as the Contracting
Officer's Representative (COR). The COR may be changed at any time by
the Government without prior notice to the Contractor by a unilateral
modification to the Contract. The COR is located at:

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

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

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

Phone Number: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

b\. The responsibilities and limitations of the COR are as follows:

\(1\) The COR is responsible for the technical aspects of the project
and serves as technical liaison with the Contractor. The COR 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 COR 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
COR. No such changes shall be made without the expressed prior
authorization of the Contracting Officer. The COR may designate
assistant COR(s) to act for the COR by naming such assistant(s) in
writing and transmitting a copy of such designation through the
Contracting Officer to the Contractor.

**(End of Clause)**

**G.6 CAR 1352.216-76 Placement of Orders (March 2000)**

> The Contractor shall provide services under this Contract only as
> directed in Task Orders. In accordance with FAR 16.505, each order
> will include:
>
> \(i\) Date of order.
>
> \(ii\) Contract number and order number.
>
> \(iii\) Item number and description, quantity, and unit price or
> estimated cost or fee.
>
> \(iv\) Delivery or performance date.
>
> \(v\) Place of delivery or performance (including consignee).
>
> \(vi\) Packaging, packing, and shipping instructions, if any.
>
> \(vii\) Accounting and appropriation data.
>
> \(viii\) Method of payment and payment office, if not specified in the
> contract.
>
> \(ix\) Any other pertinent information.

**(End of Clause)**

**G.7 BILLING INSTRUCTIONS**

Invoices shall contain the information required by FAR 52.232-25, Prompt
Payment, including the **contract number, task order number, and
applicable line item numbers.** Invoices for cost type task orders also
shall contain the following:

1.  All direct labor charges substantiated by hours and dollars incurred
    by labor category. Straight-time and premium labor charges shall be
    substantiated separately.

2.  All other direct costs (if any) substantiated at the same level as
    originally proposed.

3.  All subcontract costs (if any) substantiated by cost category at the
    same level of detail as prime costs.

4.  All indirect costs based on application of the indirect billing
    rates applied to the applicable cost bases.

5.  All charges for Fixed Fee. Subject to the withholding provisions of
    the contract clause entitled, \"Fixed Fee\" incorporated in Section
    I of the contract, the fixed fee specified above shall be paid in
    installments at the time of each payment for allowable costs, the
    amount of each installment being determined by applying to the
    amount payable as allowable cost a percentage reflecting the ratio
    of total fixed fee to total estimated cost.

6.  Cumulative value to date of all billings against the applicable task
    order.

Invoices for cost type task orders shall be submitted no more than every
two weeks. A minimum amount of \$500 per invoice is required, unless the
invoice is a final invoice. There shall be a lapse of no more than sixty
(60) days between time of performance and submission of an invoice.

Invoices for firm-fixed price task orders shall be submitted in
accordance with the payment schedule in the order.

Where performance-based payments for task orders are involved, the
Contractor shall not submit invoices nor will the Government approve
payment until a defined event occurred and that the performance met the
established criteria for success.

Additional billing instructions, including submittal instructions, shall
be provided under each individual task order issued under the contract.
By execution of this contract, the Contractor acknowledges that invoice
substantiation requirements may differ under each task order due to the
varying nature of customer practices, and agrees to provide all data
required by the task order Contracting Officer to substantiate invoices.

**G.8 TRAVEL AND PER DIEM**

a\. Outside the Washington, DC Metropolitan Area:

Travel by air will be reimbursed at actual not to exceed coach fare.
Travel subsistence reimbursement will be authorized under the rates and
conditions of the Federal Travel Regulations. Per diem will be
reimbursed at actuals, not to exceed the per diem rates set forth in FAR
31.205-46 (in effect at time of travel), or at said per diem rates
regardless of actual cost, whichever is in accordance with the
Contractor's standard accounting practice or disclosure statement. When
there is travel of more than 10 hours, but less than 24 hours, when no
lodging is required, per diem shall be one-half of the Meals and
Incidental Expenses (M&IE) rate applicable to the location of the
temporary duty assignment. If more than one temporary duty point is
involved, the allowance will be one-half of the M&IE rate prescribed for
the location where the majority of the time is spent performing official
business. The per diem allowance shall not be allowed when the period of
official travel is 10 hours or less during the same calendar day. Travel
by privately owned vehicle will be reimbursed at the current GSA
approved mileage rate. If the Contractor incurs travel costs in excess
of the amount shown in each TO, it is at its own expense.

b\. Inside the Washington, DC Metropolitan Area:

> \(1\) Travel will be reimbursed based on the policies stated in
> paragraph (a) above.
>
> \(2\) Normal commuting expenses are not allowed.

c\. Any burden added to the travel cost will be allowed only as defined
in the Contractor's standard accounting practice or disclosure
statement.

d\. Travel instructions for TOs will be specified in the individual TO.

**G.9 ACCOUNTABILITY OF COSTS/SEGREGATION OF TASK ORDERS**

a\. All costs incurred by the Contractor under this contract shall be
segregated by each TO. The Contractor shall, therefore, establish
separate \"Job Order Accounts and Numbers\" for each TO issued and shall
record all incurred costs in the appropriate job order account assigned
each TO. Additional evidence may be provided as it relates to individual
task orders.

b\. There shall be no commingling of costs between TOs.

**G.10 PERFORMANCE MEASURES**

a\. Task orders issued under COMMITS NexGen shall contain, to the
maximum extent practicable, meaningful performance measures to enable
the assessment of success/failure in meeting the objectives of the
contracting activity.

b\. The contracting activity shall be responsible for monitoring task
order performance measures to assess progress. The cognizant Contracting
Officer shall be notified by the COTR when it appears that Contractor
performance will not successfully meet the established measures.

**G.11 PERFORMANCE EVALUATIONS**

a.  It is the Government's intent to conduct performance evaluations for
    each task order.

> The COMMITS NexGen CO and Project Manager shall discuss any
> unsatisfactory performance.

b\. Performance evaluations shall be submitted to the cognizant
government Contracting Officer, with a copy to the Contractor's COMMITS
Project Manager and the COMMITS CO (if not the cognizant Contracting
Officer).

c.  The cognizant CO shall submit the completed evaluation to the
    Contractor for comment. The Contractor shall have 30 days in which
    to respond. The cognizant CO and COTR will consider any comments
    provided by the Contractor. The performance evaluation will have a
    copy of the Contractor's comments attached.

> d\. All performance evaluations will done in accordance with FAR 42.15
> (2003) and any subsequent amendments thereto.

**G.12 MONTHLY PROGRAM STATUS REPORT (MPSR)**

The MPSR is prepared by each Contractor for the COMMITS NexGen CO. The
report is only prepared when the Contractor has active task orders. The
MPSR shall include a brief summary of significant activities, problems
and developments occurring during the reporting period, as well as
progress made at the TO level. It provides a technical activity summary
by COMMITS NexGen task order number. The report must be received by the
COMMITS NexGen CO, via e-mail, no later than the 10^th^ of each month. A
sample MPSR format is shown in Attachment J-2.

**G.13 SUBCONTRACTING REPORT**

Pursuant to FAR 52.219-14, Limitation on Subcontracting, a Contractor
may not subcontract greater than 50% of work under this contract on a
cumulative basis (i.e., although individual task orders may have greater
than 50% subcontracting, the total cumulative subcontracting under all
task orders may not exceed 50%). The Contractor shall submit an annual
report to the Contracting Officer on October 31 of each year detailing
the subcontracting percentage under task orders performed during the
previous Government fiscal year. The report shall show the
subcontracting percentage for the year under each individual task order,
the cumulative total for the reporting period under the contract, and
the cumulative total for the life of the contract. The Government
reserves the right to limit awards made to a Contractor not in
compliance with this clause. A sample Subcontracting Form is shown in
Attachment J-3.

**(End of Section G)**

**SECTION H -- SPECIAL CONTRACT REQUIREMENTS**

**H.1 TYPE OF CONTRACT**

This is a multiple award Indefinite Delivery-Indefinite Quantity (IDIQ)
contract with provisions for Firm Fixed Price, Cost Plus Fixed Fee, Cost
Plus Award Fee, Labor Hours, Time-and-Materials, and Fixed Price Award
Fee, FFP Level --of-Effort Term type task orders. The type of contract
selected will be determined by task order based on the criteria
contained in FAR 16.1, Selecting Contract Types and the contractor's
capability to manage cost-reimbursement efforts. Only one contract type
will be used on each individual task order unless mutually agreed to by
the Contractor and the cognizant Contracting Officer.

**H.2 MAXIMUM PROGRAM CEILING AND MINIMUM CONTRACT GUARANTEE**

There is a contract program maximum of \$8 billion over the life of all
contracts under the COMMITS NexGen GWAC. As a task order is issued
against a contract, the value of task orders that can be issued under
all contracts decreases by an equal amount. The \$8 billion ceiling is
not a contractual guarantee.

THE GUARANTEED MINIMUM IS ONE HUNDRED FIFTY DOLLARS (\$150.00). The
Government has no obligation to issue orders to a Contractor beyond the
minimum guarantee. While Contractors are entitled to the minimum
guarantee, it is intended that they will compete for that amount under
fair opportunity procedures. Issuance of a single order or a series of
orders having a cumulative value equal to or greater than the minimum
guarantee satisfies the minimum guarantee.

The exercise of an option does not re-establish, or result in an
increase to, the Contract minimum guarantee.

The Contractor and Government agree that the minimum guarantee is
adequate consideration to establish a binding indefinite-delivery,
indefinite quantity Contract for the purpose intended by the
solicitation.

**H.3 FAIR OPPORTUNITY ORDERING PROCEDURES**

Any supplies and/or services to be furnished under this contract will be
ordered by issuance of written Task Orders (TOs). TOs shall be issued in
accordance with FAR 52.216-18, 52.216-19, and 52.216-22 (See Section I).
In addition, task orders will be issued following the Fair Opportunity
competitive procedures contained in Attachment J

1\. In addition:

a.  a.Only an authorized Government Contracting Officer can issue a TO
    under this contract;

b.  All TOs are subject to the terms and conditions of the contract. In
    the event of conflict between a TO and the contract, the contract
    will take precedence.

c.  All costs associated with preparation, presentation, and/or
    discussion of the Contractor\'s TO proposal shall be at the
    Contractor\'s expense. Post award TO administration is an allowable
    expense. The Contractor is responsible for determining the most
    appropriate method for recovering such costs (e.g., direct or
    indirect charges to Task Orders) based on its standard accounting
    practices.

d.  The Government will use a three-tier ordering process for task order
    competition as described in Section C.2. Certified Contractors under
    NAICS codes with \$6 million or \$12.5 million size standards will
    be allowed to compete on Task Orders with a life cycle value equal
    to or less than \$5 million (Tier I). Contractors certified with a
    size standard of \$21 million or 500 employees will compete on Task
    Orders with a life cycle value between \$5 million and \$40 million
    (Tier II). Contractors certified under the 1500 employee NAICS codes
    will only compete for Task Orders with a life cycle value at more
    than \$40 million (Tier III). The only exception to this approach is
    for follow-on Task Orders in which the incumbent Contractor may
    compete. Tier I and Tier II Contractors are eligible to compete in
    upper tiers. The Government reserves the right to deviate from this
    ordering methodology if it is determined to be in the best interest
    of the Government.

The below graph illustrates the above process:

![](media/image1.jpeg){width="4.945833333333334in"
height="2.7069444444444444in"}

e.  No work will be performed and no payment will be made except as
    authorized by a TO.

f.  The Contracting Officer\'s selection decision on each TO request
    shall be final and shall not be subject to the protest or disputes
    provisions of the contract, except for a protest that the TO
    improperly increases the scope, period, or maximum value of the
    contract.

g.  The Government intends to use electronic commerce methods to the
    maximum extent practicable for TOs.

**H.4 RE-CERTIFICATION REQUIREMENTS**

**H.4.1 THREE-YEAR RE-CERTIFICATION**

The Contractor is required to re-certify its small business size status
every 3 years (or in accordance with SBA regulations) on the anniversary
of the contract award. Contractors are required to submit updated
Section K -- Representation and Certifications, prior to the exercise of
the third option year to remain eligible. The DOC recognizes the pending
SBA proposed rule, which requires annual recertification. Upon final
ruling, a change to the contract will be incorporated.

**H.4.2 ADDITIONAL RE-CERTIFICATION REQUIREMENTS**

The Contracting Officer may request re-certification by the Contractor
prior to, or after, the three-year certification benchmark.
Re-certification requests will result from, but are not limited to,
changes in stock ownership or purchases, novation agreements, or other
similar ownership/investment changes.

**H.5 ON/OFF RAMP**

The Department intends to utilize the re-certification process to manage
the "On and Off Ramps" and maintain a sufficient pool of Contractors at
each size category.

**H.5.1 OFF RAMPS**

"Off ramps" will be utilized when a Contractor outgrows their certified
size status and is therefore no longer eligible to receive new Task
Orders within a specific size category and/or failed to propose on task
order requirements. Contractors that outgrow their size status will
either "graduate" into the next size category, or be removed from the
contract entirely, if they do not recertify in a size category in
accordance with Section H.4 RECERTIFICATION REQUIREMENTS. In addition,
if a Contractor fails to compete on at least three task order
requirements in a given year, it will not be eligible to compete on
future Task Orders and the Government may not exercise its option.

**H.5.2 ON RAMPS**

The Government reserves the right to conduct "on ramps" if it is
determined to be in the best interest of the Government. "On ramps" will
be used to obtain a new pool of Contractors as off ramps are
implemented. "On ramps" will ensure that additional Contractors have an
opportunity to participate in the COMMITS NexGen and that program goals
and objectives are being met relative to fair opportunity practices. "On
ramps" will involve an open season and will be conducted no earlier than
three years from date of award. An open season will include publicizing
a notice in the designated Government point of entry, FedBizOps.

Contracts awarded under this open season provision will share in the
ceiling of the COMMITS NexGen program and their award shall not
constitute a basis of contractual adjustment for existing partners.
Solicitation and any resulting contracts awarded under this provision
will include of the same terms and conditions of this contract and will
not exceed the remaining period of performance. The performance period
will be set out in the contracts awarded.

**H.6 PROCUREMENT INTEGRITY -- SPECIAL TASK ORDER PROVISIONS**

All contractor personnel, and subcontractors who will be personally and
substantially involved in the performance of any TO issued under this
contract which requires the Contractor to provide advice with respect to
any phase of an agency procurement, as defined in FAR 3.104-4, shall
execute and submit an \"Employee/Contractor Non-Disclosure Agreement\"
Form (See Attachment J- 4). This is required prior to the commencement
of any work on a Task Order and whenever replacement personnel are
proposed under an ongoing TO.

**H.7 IDENTIFICATION OF CONTRACTOR EMPLOYEES**

All contractor employees whose duties under this contract require their
presence at any governmental facility shall be clearly identifiable by a
distinctive badge furnished by the Government. All prescribed
information shall immediately be delivered to the appropriate personnel
or directed by the COR for cancellation or disposition upon the
termination of the employment of any contractor personnel. All on-site
contractor personnel shall abide by security regulations applicable to
that site.

**H.8 PUBLICITY/ADVERTISING OF CONTRACT AWARD**

The Contractor agrees not to refer to this award in commercial
advertising in such a manner as to state or imply that the items or
services provided are endorsed or preferred by the Federal Government or
is considered by the Government to be superior to other items or
services.

**H.9 GOVERNMENT FURNISHED ITEMS**

All Government furnished items will be identified in the appropriate
request for solutions (RFS) and subsequent task order. If any given TO
issued under this contract requires work to be performed on the
Government\'s site, the Task Order will provide the Government Furnished
Equipment or service (i.e., office work space, office automation
equipment, telecommunications and furniture for contractor personnel).
All GFE is furnished "as is."

**H.10 OBSERVANCE OF LEGAL HOLIDAYS AND EXCUSED ABSENCE**

The Government hereby provides NOTICE and Contractor hereby acknowledges
RECEIPT that Government personnel observe the listed days as holidays:

> New Year\'s Day\
> Martin Luther King\'s Birthday\
> President\'s Birthday\
> Memorial Day\
> Independence Day\
> Labor Day
>
> Columbus Day\
> Veteran\'s Day\
> Thanksgiving Day\
> Christmas

In addition to the days designated as holidays, the Government observes
the following days:

> Any other day designated by Federal Statute
>
> Any other day designated by Executive Order
>
> Any other day designated by a President\'s Proclamation

It is understood and agreed between the Government and the Contractor
that observance of such days by Government personnel shall not otherwise
be a reason for an additional period of performance, or entitlement to
compensation except as set forth within the contract. If a Contractor
believes that an unplanned absence has an impact on the price or period
of performance, it should notify the contracting officer of the changed
condition and submit a claim for equitable adjustment (see FAR
52.233-1).

Nothing in this clause abrogates the rights and responsibilities of the
parties relating to \"stop work\" provisions as cited in other sections
of this contract.

**H.11 INTERRELATIONSHIPS OF CONTRACTORS**

The Department of Commerce (DOC) and/or other Government agencies may
have entered contractual agreements in order to provide information
technology requirements separate from the work to be performed under
COMMITS NexGen TOs, yet having links and interfaces to COMMITS NexGen
TOs. Further, DOC and/or other Government agencies may extend these
existing agreements or enter into new agreements. The Contractor may be
required to coordinate with other such contractor(s) through the
cognizant CO and/or designated representative in providing suitable,
non-conflicting technical and/or management interfaces and in avoidance
of duplication of effort. Information on deliverables provided under
separate TOs may, at the discretion of the DOC and/or other Government
agencies, be provided to such other Contractor(s) for the purpose of
such work.

**H.12 INSURANCE**

Each policy of insurance shall contain an endorsement that any
cancellation or material change in the coverage adversely affecting the
Government\'s interest shall not be effective unless the insurer or the
Contractor gives written notice of cancellation or change, as required
by the Contracting Officer. When the coverage is provided by
self-insurance, the Contractor shall not change or decrease the coverage
without the Contracting Officer\'s prior approval.

A certificate of each policy of insurance shall be furnished to the
Contracting Officer within ten (10) days after notice of award
certifying, among other things, that the policy contains the
aforementioned endorsement. The insurance company providing the above
insurance shall be satisfactory to the Government. Notices of policy
changes shall be furnished to the Contracting Officer. The substance of
this clause shall be made to flow down to any subcontractors.

**H.12.1 CAR 1352.228-70 Insurance Coverage (March 2000)**

Pursuant to the clause "Insurance-Work on a Government Installation (FAR
52.228-5)," the Contractor will be required to present evidence to show,
as a minimum, the amounts of insurance coverage indicated below:

> a\. Workers Compensation and Employer's Liability. The Contractor is
> required to comply with applicable federal and state workers'
> compensation and occupational disease statutes. If occupational
> diseases are not compensable under those statutes, it shall be covered
> under the employer's liability section of the insurance policy, except
> when contract operations are so commingled with a Contractor's
> commercial operations that it would not be practical to require this
> coverage. Employer's liability coverage of at least \$100,000 shall be
> required, except in states with exclusive or monopolistic funds that
> do not permit workers' compensation to be written by private carriers.
>
> b\. General Liability.
>
> 1\. The Contractor shall have bodily injury liability insurance
> coverage written on the comprehensive form of policy of at least
> \$500,000 per occurrence.
>
> 2\. Property Damage Liability Insurance shall be required in the
> amount of \$100,000.
>
> c\. Automobile Liability. The Contractor shall have automobile
> liability I nsurance written on the comprehensive form of policy. The
> policy shall provide for bodily injury and property damage liability
> covering the operation of all automobiles used in connection with
> performing the contract. Policies covering automobiles operated in the
> United States shall provide coverage of at least \$200,000 per person
> and \$500,000 per occurrence for bodily injury and \$20,000 per
> occurrence for property damage.
>
> d\. Aircraft Public and Passenger Liability. When aircraft are used in
> connection with performing the contract, the Contractor shall have
> aircraft public and passenger liability insurance. Coverage shall be
> at least \$200,000 per person and \$500,000 per occurrence for bodily
> injury, other than passenger liability, and \$200,000 per occurrence
> for property damage. Coverage for passenger liability bodily injury
> shall be at least \$200,000 multiplied by the number of seats or
> passengers, whichever is greater.
>
> e\. Vessel liability. When contract performance involves use of
> vessels, the contracting officer shall require, as determined by the
> agency, vessel collision liability and protection and indemnity
> liability insurance.

**(End of Clause)**

**H.12.2 CAR 1352.228-71 Deductibles Under Required Insurance Coverage
(March 2000)**

The following requirements also apply to this contract:

a.  The Contractor is required to present evidence of the amount of any
    deductibles in its insurance coverage.

b.  For any insurance required pursuant to *1352.228-70, Insurance
    Coverage,* the Contractor's deductible is not allowable as a direct
    or indirect cost under this contract. The Government is not liable,
    and cannot be invoiced, for any losses up to the minimum amounts of
    coverage required in subsections (a) through (d) above. If the
    Contractor obtains an insurance policy with deductibles, the
    Contractor, and not the Government, is responsible for any
    deductible amount up to the minimum amounts of coverage stated.

c.  If the Contractor fails to follow all procedures stated in this
    subsection and in FAR 52.228-7(g), any amounts above the amount of
    the obtained insurance coverage which are not covered by insurance
    will not be reimbursable under the contract.

**(End of Clause)**

**H.12.3 CAR 1352.228-72 Deductibles Under Required Insurance Coverage
(March 2000)**

When the Government is injured, wholly or partially as a result of the
Contractor's actions and such actions are covered by the insurance
required by *1352.228-70, Insurance Coverage,* the Government is
entitled to recover from the Contractor the full amount of any such
injury attributable to the Contractor regardless of an deductible. The
Contracting Officer may offset the amount of recovery against any
payment due to the Contractor.

**(End of Clause)**

**H.13 NON-PERSONAL SERVICES**

As stated in the Office of Federal Procurement Policy Letter 92-1, dated
September 23, 1992, Inherently Governmental Functions, no personal
services shall be performed under this contract. No contractor employee
will be directly supervised by the Government. All contractor employee
assignments, and daily work direction, shall be given by the applicable
contractor employee supervisor. If the Contractor believes any
Government action or communication has been given that would create a
personal services relationship between the Government and any contractor
employee, the Contractor shall promptly notify the Contracting Officer
of this communication or action.

The Contractor shall not perform any inherently governmental actions
under this contract. No contractor employee shall hold him or herself
out to be a Government employee, agent, or representative. No contractor
employee shall state orally or in writing at any time that he or she is
acting on behalf of the Government. In all communications with third
parties in connection with this contract, contractor employees shall
identify themselves as contractor employees and specify the name of the
company for which they work. In all communications with other
Government, Contractors in connection with this contract, the contractor
employee shall state that he/she have no authority to in any way change
the contract. If any Contractor believes that a communication is a
direction to change its contract, it should notify the appropriate
Contracting Officer and not carry out the direction until a
clarification has been issued by the Contracting Officer.

The Contractor shall ensure that all of its employees working on this
contract are informed of the substance of this clause. Nothing in this
clause shall limit the Government\'s rights in any way under any other
provision of the contract, including those related to the Government\'s
right to inspect and accept the services to be performed under this
contract. The substance of this clause shall be included in all
subcontracts.

**H.14 ORGANIZATIONAL CONFLICTS OF INTEREST**

**H.14.1 CAR 1352.209-71 Organizational Conflict of Interest (March
2000)**

  --------- -------------------------------------------------------------
  a\.       The Contractor warrants that, to the best of the Contractor's
            knowledge

            and belief, there are no relevant facts or circumstances
            which would 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 make
            will 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 Contracting
            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 for 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 the paragraph
> (d), in any subcontract or consultant agreement hereunder.

**(End of Clause)**

**H14.2 CONFLICT OF INTEREST MITIGATION PLAN**

In the event that a TO is issued to the Contractor that would require
activity that would create a potential conflict of interest, the
Contractor shall:

> a\. Notify the Contracting Officer of a potential conflict, and;
>
> b\. Recommend to the Government an alternate tasking approach which
> would avoid the potential conflict, or
>
> c\. Present for approval a conflict of interest mitigation plan that
> will:
>
> 1\. Describe in detail the TO requirement that creates the potential
> conflict of interest; and
>
> 2\. Outline in detail the actions to be taken by the Contractor or the
> Government in the performance of the task to mitigate the conflict, by
> division of subcontractor effort, limited access to information, or
> other acceptable means.
>
> d\. The Contractor shall not commence work on a TO related to a
> potential conflict of interest until specifically notified by the
> Contracting Officer to proceed.
>
> e If the Contracting Officer determines that it is in the best
> interest of the Government to issue a TO, notwithstanding a conflict
> of interest, a request for waiver shall be submitted in accordance
> with FAR 9.503.

**H.15 CONTRACTOR RESPONSIBILITIES**

The Contractor shall provide all management, administrative, clerical,
and supervisory functions required for the effective and efficient
performance of this contract.

The Contractor shall save and hold harmless and indemnify the Government
against any and all liability, claims, and costs of whatever kind and
nature for injury to or death of any person or persons and for loss or
damage to any property occurring in connection with, or in any way
incident to, or arising out of, the occupancy, use, service, operations,
or performance of work under the terms of this contract, resulting in
whole or in part from the negligent acts or omissions of the Contractor.

The Government shall not be liable for any injury to the Contractor\'s
personnel or damage to the Contractor\'s property unless such injury or
damage is due to negligence on the part of the Government and is
recoverable under the Federal Torts Claims Act, or pursuant to another
Federal statutory authority.

A smooth and orderly transition between the Contractor and a predecessor
or successor Contractor is necessary to ensure minimum disruption to
vital Government business. The Contractor shall cooperate fully in the
transition.

The Contractor shall adhere to the same professional and ethical
standards of conduct required of Government personnel. The Contractor
shall not:

> a\. Discuss with unauthorized persons any information obtained in the
> performance of work under this contract;
>
> b\. Conduct business not directly related to this contract on
> Government premises;
>
> c\. Use computer systems and/or other Government facilities for
> company or personal business other than work related to COMMITS
> NexGen; or
>
> d\. Recruit on Government premises or otherwise act to disrupt
> official Government business.

**H.16 SECURITY**

The Government may require security clearances, perhaps higher than top
secret (top secret specialized compartmentalized information), for
performance of any TO under this contract. If satisfactory security
arrangements cannot be made with the Contractor, the required services
shall be obtained from other sources.

The level of classified access required shall be indicated on DD-254 or
other appropriate form incorporated into each TO requiring access to
classified information. Contractors are required to have background
investigations for suitability if they occupy positions of trust (e.g.,
systems administration) even if they do NOT have access to classified
information.

Necessary facility and/or staff clearances shall be in place prior to
issuance of a TO under this contract.

If the requiring activity is a government agency other than the
Department of Commerce, the Contracting Officer will be responsible for
ensuring that all applicable security clauses for that agency will be
incorporated into the Task Orders. The Contractor shall comply with all
such clauses.

**H.16.1 1352.237-71 Security Processing Requirements for
Contractor/Subcontractor Personnel Working on a Department of Commerce
Site (High Risk Contracts) (March 2000)**

Prescription:

Use the following clause in all service contracts classified as high
risk, which will be performed on or within Government premises

a\. Security Processing Requirement

All contractor (and subcontractor) personnel proposed to work on the
premises of a Department of Commerce site under this contract must
undergo security processing by the Department\'s Office of Security
(OSY) before he or she is eligible to work on the premises of the
Herbert C. Hoover (HCH) Building or other buildings used for Department
operations.

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

> Non-U.S. citizens to be employed under this contract must:
>
> \(1\) Have legal visa status with the Immigration and Naturalization
> Service (INS);
>
> \(2\) Have advance approval from the servicing Security Officer in
> consultation with the Office of Security. (The Office of Security
> routinely consults with appropriate agencies regarding the use of
> non-U.S. citizens on contracts and can provide up-to-date information
> concerning this matter.)

c\. Submittal Requirements

The Contractor must complete and submit the following forms to the
Contracting Officer's Representative (COR), who will review and forward
them to the cognizant Security Officer:

> A Standard Form 85P (SF-85P)\--Questionnaire for Public Trust
> Positions A Form FD-258 (Fingerprint Chart with OPM ORI number)

Upon completion of the security processing, OSY, through the Security
Officer and the COR, will notify the Contractor in writing of the
individual\'s eligibility to be given access to the HCH Building or
other DOC buildings.

Security Processing shall consist of limited personal background
inquiries pertaining to verification of name, physical description,
marital status, present and former residences, education, employment
history, criminal record, personal references, medical fitness,
fingerprint classification, and other pertinent information. It is the
option of OSY to repeat the security processing on any contract employee
at its discretion.

d\. Notification of Disqualifying Information

If OSY receives disqualifying information on a contract employee, the
Contractor, upon notification of such, must immediately remove the
employee from duties, which require access to DOC facilities.

Individuals may be barred from working on the premises of a facility for
any of the following:

> \(1\) Conviction of a felony or a crime of violence or of a
> misdemeanor involving moral turpitude.
>
> Falsification of information entered on security screening forms or on
> 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
> personnel or property.

Failure to comply with the requirements may result in termination of
this contract, or removal of some contracted employees from DOC
facilities. Compliance with these requirements shall not be construed as
providing a contract employee clearance to have access to classified
information.

**H.16.2 CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURES (MAR 2000)**

> a\. The Contractor agrees, in the performance of this contract, to
> keep the information furnished by the Government and designated by the
> Contracting Officer or Contracting Officer's 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 these 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 breach of this requirement.
>
> b\. 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.

**(End of clause)**

**H.16.3 CAR 1352.239-73 SECURITY REQUIREMENTS FOR INFORMATION
TECHNOLOGY RESOURCES**

> \(a\) 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]{.underline});
>
> \(2\) The Office of Management and Budget (OMB) Circular A- 130,
> Appendix III, *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 (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.

\(b\) 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
\[insert agency or bureau specific guidance, if applicable\].

\(c\) 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:

> \(1\) 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.
> 107296, 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:
>
> \(a\) 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
>
> \(e\) \[Insert agency or bureau specific guidance\].
>
> \(2\) 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
> 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-ITSecurity-Program-Policy.htm) may
> result in termination of the contract.

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

**(End of clause)**

**H.16.4 CAR 1352.239-74 SECURITY PROCESSING REQUIREMENTS FOR
CONTRACTORS/ SUBCONTRACTOR PERSONNEL FOR ACCESSING DOC INFORMATION
TECHNOLOGY SYSTEMS**

\(a\) 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 personnel screening forms, which the Contractor
shall submit to the DOC Contracting Officer's Representative (COR) based
on the following guidance:

> 1\) 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 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 preemployment 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.

\(b\) Within 5 days after contract award, the Contractor shall certify
in writing to the COR 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
(http://home.osec.doc.gov/DOC-IT-Security-Program-Policy.htm). The COR
will inform the Contractor of any other available DOC training
resources.

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

\(d\) 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.

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

**(End of clause)**

**H.17 CONTRACTOR STAFF TRAINING**

The Contractor shall provide fully trained and experienced technical and
personnel (including replacement personnel) required for performance of
task orders. This includes training necessary for keeping personnel
abreast of industry advances and for maintaining proficiency on
equipment, computer languages, and computer operating systems that are
available on the commercial market. Training of personnel shall be
performed by the Contractor at its own expense.

**H.18 AWARD FEE PLAN/AWARD FEE**

> a\. For any Task Orders issued with award fee provisions, the
> individual TO shall contain the applicable Award Fee Plan.
>
> b\. At a minimum, the Award Fee clause shall contain the following:
>
> 1\. Performance measures
>
> 2\. Schedule for determination of award fee earned
>
> 3\. Amount of the award fee to be earned

**H.19 TASK ORDER SUBCONTRACTORS**

Because of the wide diversity of work possible under COMMITS NexGen, the
potential ten-year contract life, and the rapidly changing nature of
information technology, the Government recognizes that the Contractor
may need to use many different subcontractors to meet specific customer
needs.

For the purposes of COMMITS NexGen, \"mandatory subcontractor\" is
defined as any subcontractor, team member, or consultant (at any tier)
designated by the prime Contractor as being necessary for technical
consideration (i.e., technical evaluation) by the Government in its
selection decision for each task order.

A subcontractor designated as \"mandatory\" for a TO shall not be
replaced on that TO without the written approval of the cognizant CO.
Any subcontractor not specified in a TO as being \"mandatory\" shall be
considered \"non-mandatory\". \"Non-mandatory\" subcontractors may be
proposed on a TO and shall be considered for cost evaluation purposes
but shall not be considered in the technical evaluation.

**H.20 HARDWARE/SOFTWARE ACQUISITION**

COMMITS NexGen is envisioned to be a \"Solutions Based Contract.\" This
term refers to contracts that encompass everything from the analysis of
hardware/software implementation to ongoing operational support of an IT
solution.

Inclusion of hardware/software acquisition on a Task Order is within the
purview of the cognizant Government Contracting Officer. Any
hardware/software included must be considered to be related to the
solution being acquired under the Task Order.

**H.21 CONTRACT ADMINISTRATION SUPPORT**

COMMITS NexGen Contractors are hereby notified that the Government may
utilize Contractors to assist in the administration of the COMMITS
NexGen contract. Any outside contractor employees will be required to
sign a certificate of non-disclosure certifying that they will not
disclose any procurement sensitive or proprietary business information
obtained in the course of their duties and will use such information
only for official purposes in the performance of the support contract
required to do by law. By execution of this contract, the Contractor
hereby provides its assent to the Government's use of a contractor to
provide contract administration support.

**H.22 FAR 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 **60 calendar days** provided that the
> Government gives the Contractor a preliminary written notice of its
> intent to extend at least **60 calendar 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 **10 years**.

**(End of Section H)**

**PART II -- CONTRACT CLAUSES**

**SECTION I -- CONTRACT CLAUSES**

**I.1 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 it were in full text. The applicable clauses
will be incorporated into the individual Task Orders pursuant to the
Master Contract. Upon request, the Contracting Officer will make their
full text available. Also, the full text of a clause may be accessed
electronically at the URL: <http://www.ARNet.gov/far>.

**[FEDERAL ACQUISITION REGULATION CLAUSES\
]{.underline}**

**PART II - CONTRACT CLAUSES**

**SECTION I - CONTRACT CLAUSES**

> ***1.1* 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 it were in full text. The applicable clauses
will be incorporated into the individual Task Orders pursuant to the
Master Contract. Upon request, the Contracting Officer will make their
full text available. Also, the full text of a clause may be accessed
electronically at the U RL: http://www.ARNet. gov/far.

> **[FEDERAL]{.underline} [ACQUISITION REGULATION CLAUSES]{.underline}**

[CLAUSE]{.underline} [CLAUSE TITLE]{.underline} [DATE]{.underline}

52.202-01 Definitions DEC 2001

52.203-03 Gratuities APR 1984

52.203-05 Covenant against contingent Fees APR 1984

52.203-06 Restrictions on Subcontractor Sales to the Government JUL 1995

52.203-07 Anti-Kickback Procedures JUL 1995

52 203-08 Cancellation, Recission & Recovery of Funds JAN 1997

for Illegal or improper Activity

52 203-12 Limitation on Payments to Influence Certain JUN 2003

Federal Transactions

52.204-02 Security Requirements AUG 1996

52.204-04 Printing/Copying Double-Sided on AUG 2000

Recycled Paper

52.209-6 Protecting Government's Interest When

Subcontracting with Contractors Debarred,

Suspended, or Proposed for Debarment JUL 1995

52.211-05 Material Requirements AUG 2000

52.215-02 Audit and Records --- Negotiation JUN 1999

52.215-08 Order of Precedence --- Uniform Contract Format OCT 1997

52.215-10 Price Reduction for Defective Cost or Pricing Data OCT 1997

52.215-11 Price Reduction for Defective Cost or Pricing OCT 1997

Data -- Modifications

52.215-12 Subcontractor Cost or Pricing Data OCT 1997

52.215-13 Subcontractor Cost or Pricing Data -- Modification OCT 1997

> 52.215-14 Integrity of Unit Prices OCT 1997

52.215-15 Pension Adjustments and Asset Reversion DEC 1998

52.215-18 Reversion or Adjustment of Plans for Post-retirement

Benefits Other Than Pensions (PRB) OCT 1997

52.215-21 Requirements for Cost or Pricing Data or Information OCT 1997

Other Than Costs or Pricing Data - Modifications

52.215-21 Requirements for Cost or Pricing Data or Information OCT 1997

Other Than Costs or Pricing Data -- Modifications

(OCT 1997) Alternate Ill

52.215-21 Requirements for Cost or Pricing Data or Information OCT 1997

other Than Costs or Pricing Data -- Modifications

(OCT 1997) Alternate IV

52.216-07 Allowable Cost and Payment DEC 2002

52.216-08 Fixed Fee MAR 1997

52.216-10 Incentive Fee MAR 1997

52.216-16 Incentive Fee Revision --- Firm Target OCT 1997

52.216-17 Incentive Price Revision - Successive Targets OCT 1997

52.217-02 Cancellation Under Multiyear Contracts OCT 1997

> 52.217-08 Option to Extend Services NOV 1999

52.217-09 Option to Extend the Term of the Contract MAR 2000

52.219-06 Notice of Total Small Business Set-Aside JUN 2003

52.219-08 Utilization of Small Business Concerns OCT 2000

52.219-14 Limitations on Subcontracting DEC 1996

52.222-2 Payment for Overtime Premiums JUL 1990

52.222-03 Convict Labor JUN 2003

52.222-20 Walsh-Healey Public Contracts Act DEC 1996

52.222-21 Prohibition of Segregated Facilities FEB 1999

52.222-26 Equal Opportunity JUN 2003

> 52.222-29 Notification of Visa Denial JUN 2003

52.222-35 Equal Opportunity for Special Disabled, Veterans DEC 2001

of the Vietnam Era, and Other Eligible Veterans

52.222-36 Affirmative Action for Workers Disabilities JUN 1986

52.222-37 Employment Reports on Special Disabled Veterans, DEC 2001

Veterans of the Vietnam Era, and Other Eligible

Veterans

52.222-41 Service Contract Act of 1965, as Amended MAY 1989

52.222-43 Fair Labor Standards Act and Services Contract Act MAY 1989

Price Adjustment

52.222-46 Evaluation of Compensation for Professional FEB 1993

Employees

52.222-47 SCA Minimum Wages and Fringe Benefits Applicable MAY 1989

to Successor Contract Pursuant to Predecessor

Contractor Collective Bargaining Agreements (CBA)

52.222.48 Exemption from Application of Service Contract Act AUG 1996

Provisions for Contracts for Maintenance, Calibration,

And/or Repair of Certain Information Technology,

Scientific and Medical and/or Office and Business

Equipment --- Contractor Certification

52.222-49 Service Contract Act-Place of Performance Unknown MAY 1989

52.223-05 Pollution Prevention and Right-to-Know Information APR 1998

> 52.223-06 Drug Free Workplace MAY 2001
>
> 52.223-10 Waste Reduction Program

52.223-14 Toxic Chemical Release Reporting JUN 2003

52.224-01 Privacy Act Notification APR 1984

52.224-02 Privacy Act APR 1984

52.225-01 Buy American Act --- Supplies JUN 2003

52.225-03 Buy American Act --- North American Free Trade JUN 2003

Agreement - Israeli Trade Act

52.225-13 Restrictions on Certain Foreign Purchases JUN 2003

52.226-01 Utilization of Indian Organizations and Indian Owned JUN 2000

Economic Enterprises

> 52.227-01 Authorization and Consent JUL 2000

52.227-02 Notice and Assistance Regarding Patent and

Copyright Infringement AUG 1996

52.227-03 Patent Indemnity APR 1984

> 52.227-14 Rights in Data -- General JUN 1987

52.227-16 Additional Data Requirements JUN 1987

52.227-17 Rights in Data - Special Works JUN 1987

52.228-05 Insurance - Work on a Government Installation JAN 1996

52.228-07 Insurance - Liability to Third Persons MAR 1996

52.229-03 Federal, State, and Local Taxes APR 2003

52.230-02 Cost Accounting Standards APR 1998

52.230-03 Disclosure and Consistency of Cost Accounting APR 1998

Practices

52.230-06 Administration of Cost Accounting Standards NOV 1999

52.232-01 Payments APR 1984

52.232-07 Payments under Time-and-Materials and

Labor-Hour Contracts DEC 2003

52.232-08 Discounts for Prompt Payment FEB 2002

52.232-11 Extras MAY 1984

52.232-16 Progress Payments APR 2003

52.232-17 Interest JUN 1996

52.232-18 Availability of Funds APR 1984

52.232-19 Availability of Funds for the Next Fiscal Year APR 1984

52.232-20 Limitation of Cost APR 1984

52.232-22 Limitation of Funds APR 1984

52.232-23 Assignment of Claims JAN 1986

52.232-25 Prompt Payment FEB 2002

52.232-25 Prompt Payment --- Alternate I FEB 2002

52.232-32 Performance-Based Payments FEB 2002

52.232-33 Payment by Electronic Funds Transfer --- Central MAY 1999

Contractor Registration

52.233-01 Disputes JUL 2002

52.233-01 Disputes - Alternate I DEC 1991

> 52.233-03 Protest after Award AUG 1996
>
> 52.233-03 Protest after Award (AUG 1996) - Alternate I JUN 1985

52.237-02 Protection of Government Buildings, Equipment APR 1984

and Vegetation

> 52.237-03 Continuity of Services JAN 1991

52.239-01 Privacy or Security Safeguards AUG 1996

52.242-01 Notice of Intent to Disallow Costs APR 1984

52.242-03 Penalties for Unallowable Costs MAY 2001

52.242-04 Certification of Final Indirect Costs JAN 1997

52.242-13 Bankruptcy JUL 1995

> 52.243-01 Changes - Fixed Price AUG 1987

52.243-01 Changes - Fixed Price - Alternate I APR 1984

52.243-01 Changes - Fixed Price - Alternate II APR 1984

52.243-02 Changes - Cost Reimbursement

52.243-02 Changes - Cost Reimbursement - Alternate I APR 1984

52.243-02 Changes - Cost Reimbursement - Alternate II APR 1984

52.243-03 Changes - Time-and-Materials or Labor-Hours SEP 2000

> 52.243-07 Notification of Changes APR 1984

52.244-02 Subcontracts AUG 1998

52.244-02 Subcontracts (AU 1998) --- Alternate II AUG 1998

52.244-05 Competition in Subcontracting DEC 1996

52.244-06 Subcontracts for Commercial Items APR 2003

52.245-01 Property Records APR 1984

52.245-02 Government Property (Fixed-Price Contracts) JUN 2003

52.245-05 Government Property (Cost-Reimbursement, JUN 2003

Time-and Material or Labor-Hour Contracts)

52.245-09 Use and Charges APR 1994

52.246-25 Limitation of Liability -- Services FEB 1997

52.248-01 Value Engineering FEB 2000

52.249-02 Termination for Convenience of the Government SEP 1996

(Fixed Price)- SEP

52.249-04 Termination for Convenience of the Government APR 1984

(Services) (Short Form)

52.249-06 Termination (Cost-Reimbursement) SEP 1996

52.249-06 Termination (Cost-Reimbursement) --- Alternate IV SEP 1996

52.249-08 Default (Fixed-Price Supply and Service) APR 1984

52.249-14 Excusable Delays APR 1984

> 52.251-01 Government Supply Sources APR 1984
>
> 52.253-01 Computer Generated Forms JAN 1991

**I.2 FAR 52.204-1 APPROVAL OF CONTRACT (DEC 1989)**

This contract is subject to the written approval of the **Source
Selection Authority** and shall not be binding until so approved.

**(End of clause)**

**I.3 FAR 52.209-6 PROTECTING THE GOVERNMENT\'S INTEREST WHEN
SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR
DEBARMENT. (JUL 1995)**

As prescribed in 9.409(b), insert the following clause:

Protecting the Government\'s Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (July 1995)

\(a\) The Government suspends or debars Contractors to protect the
Government\'s interests. The Contractor shall not enter into any
subcontract in excess of \$25,000 with a Contractor that is debarred,
suspended, or proposed for debarment unless there is a compelling reason
to do so.

\(b\) The Contractor shall require each proposed first-tier
subcontractor, whose subcontract will exceed \$25,000, to disclose to
the Contractor, in writing, whether as of the time of award of the
subcontract, the subcontractor, or its principals, is or is not
debarred, suspended, or proposed for debarment by the Federal
Government.

\(c\) A corporate officer or a designee of the Contractor shall notify
the Contracting Officer, in writing, before entering into a subcontract
with a party that is debarred, suspended, or proposed for debarment (see
FAR 9.404 for information on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs). The notice must include the
following:

\(1\) The name of the subcontractor.

\(2\) The Contractor\'s knowledge of the reasons for the subcontractor
being on the List of Parties Excluded from Federal Procurement and
Nonprocurement Programs.

\(3\) The compelling reason(s) for doing business with the subcontractor
notwithstanding its inclusion on the List of Parties Excluded From
Federal Procurement and Nonprocurement Programs.

\(4\) The systems and procedures the Contractor has established to
ensure that it is fully protecting the Government\'s interests when
dealing with such subcontractor in view of the specific basis for the
party\'s debarment, suspension, or proposed debarment.

**(End of clause)**

**I.4 FAR 52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)**

As prescribed in 15.408(k), insert the following clause:

Notification of Ownership Changes (Oct 1997)

\(a\) The Contractor shall make the following notifications in writing:

\(1\) When the Contractor becomes aware that a change in its ownership
has occurred, or is certain to occur, that could result in changes in
the valuation of its capitalized assets in the accounting records, the
Contractor shall notify the Administrative Contracting Officer (ACO)
within 30 days.

\(2\) The Contractor shall also notify the ACO within 30 days whenever
changes to asset valuations or any other cost changes have occurred or
are certain to occur as a result of a change in ownership.

\(b\) The Contractor shall-

\(1\) Maintain current, accurate, and complete inventory records of
assets and their costs;

\(2\) Provide the ACO or designated representative ready access to the
records upon request;

\(3\) Ensure that all individual and grouped assets, their capitalized
values, accumulated depreciation or amortization, and remaining useful
lives are identified accurately before and after each of the
Contractor\'s ownership changes; and

\(4\) Retain and continue to maintain depreciation and amortization
schedules based on the asset records maintained before each Contractor
ownership change.

\(c\) The Contractor shall include the substance of this clause in all
subcontracts under this contract that meet the applicability requirement
of FAR 15.408(k).

**(End of clause)**

**I.5 FAR 52.216-18 ORDERING - (OCT 1995)**

\(a\) Any supplies and services to be furnished under this contract
shall be ordered by issuance of Delivery Orders or Task Orders by the
individuals or activities designated in the Schedule. Such orders may be
issued from date of award through expiration of the contract including
all options.

\(b\) All Delivery Orders or Task Orders are subject to the terms and
conditions of this contract. In the event of conflict between a Delivery
Order or Task Order and this contract, the contract shall control.

\(c\) If mailed, a Delivery Order or Task Order is considered \"issued\"
when the Government deposits the order in the mail. Orders may be issued
orally, by facsimile, or by electronic commerce methods only if
authorized in the Schedule.

**(End of clause)**

**I.6 FAR 52.216-19 ORDER LIMITATIONS (OCT 1995)**

\(a\) Minimum order. When the Government requires supplies or services
covered by this contract in an amount of less than \$2,500, the
Government is not obligated to purchase, nor is the Contractor obligated
to furnish, those supplies or services under the contract.

\(b\) Maximum order. The Contractor is not obligated to honor --

\(1\) Any order for a single item in excess of 45 million dollars.

\(2\) Any order for a combination of items in excess of 45 million
dollars.

\(3\) A series of orders from the same ordering office within 10 days
that together call for quantities exceeding the limitation in
subparagraph (1) or (2) above.

\(c\) If this is a requirements contract (i.e., includes the
Requirements clause of subsection 52.216-21 of the Federal Acquisition
Regulation (FAR)), the Government is not required to order a part of any
one requirement from the Contractor if that requirement exceeds the
maximum-order limitations in paragraph (b) above.

\(d\) Notwithstanding paragraph (b) and (c) above, the Contractor shall
honor any order exceeding the maximum order limitations in paragraph
(b), unless that order (or orders) is returned to the ordering office
within five (5) days after issuance, with written notice stating the
Contractor\'s intent not to ship the item (or items) called for and the
reasons. Upon receiving this notice, the Government may acquire the
supplies or services from another source.

**(End of clause)**

**I.7 FAR 52.216-22 INDEFINITE QUANTITY (OCT 1995)**

\(a\) This is an indefinite-quantity contract for the supplies or
services specified, and effective for the period stated, in the
Schedule. The quantities of supplies and services in the Schedule are
estimates only and are not purchased by this contract.

\(b\) Delivery or performance shall be made only as authorized by orders
issued in accordance with the Ordering clause. The Contractor shall
furnish to the Government, when and if ordered, the supplies or services
specified in the Schedule up to and including the quantity designated in
the Schedule as the \"maximum.\" The Government shall order at least the
quantity of supplies or services designated in the Schedule as the
\"minimum.\"

\(c\) Except for any limitations on quantities in the Order Limitations
clause or in the Schedule, there is no limit on the number of orders
requiring delivery to multiple destinations or performance at multiple
locations.

\(d\) Any order issued during the effective period of this contract and
not completed within that period shall be completed by the Contractor
within the time specified in the order. The contract shall govern the
Contractor\'s and Government\'s rights and obligations with respect to
that order to the same extent as if the order were completed during the
contract\'s effective period; provided, that the Contractor shall not be
required to make any deliveries or provide any services under this
contract after one (1) year after expiration of this contract.

**(End of clause)**

**I.8 FAR 52.219-17 SECTION 8(a) AWARD (DEVIATION) (DEC 1996)**\*

\(a\) By execution of a contract, the Small Business Administration
(SBA) agrees to the following:

\(1\) *(DELETED)*

\(2\) Except for novation agreements, delegates to the Department of
Commerce the responsibility for administering the contract with complete
authority to take any action on behalf of the Government under the terms
and conditions of the contract; provided, however that the contracting
agency shall give advance notice to the SBA before it issues a final
notice terminating the right of the subcontractor to proceed with
further performance, either in whole or in part, under the contract.

\(3\) That payments to be made under the contract will be made directly
to the subcontractor by the contracting activity.

\(4\) To notify the Department of Commerce Contracting Officer
immediately upon notification by the subcontractor that the owner or
owners upon whom 8(a) eligibility was based plan to relinquish ownership
or control of the concern.

\(b\) The offeror/subcontractor agrees and acknowledges that it will,
for and on behalf of the SBA, fulfill and perform all of the
requirements of the contract.

\*Only applicable to 8(a) awards.

**(End of clause)**

**(End of Section I)**

**PART III -- LIST OF DOCUMENTS, EXHIBITS AND OTHER ATTACHMENTS**

**SECTION J - LIST OF ATTACHMENTS**

Attachment J-1 COMMITS NexGen Fair Opportunity Competitive Procedures
Attachment J-2 Monthly Project Status Report (MPSR)

Attachment J-3 COMMITS NexGen Task Order Subcontract Report

Attachment J-4 Employee/Contractor Non-Disclosure Agreement Form
Attachment J-5 U.S. Department of Labor Wage Determination

**ATTACHMENTS J-1 THROUGH J-5**

**\
**

**COMMITS NexGen Fair Opportunity Competitive Procedures**

In accordance with FAR 16.505, the fair opportunity to be considered
competitive procedures for the COMMITS NexGen program is provided below.

As an overview, the basic COMMITS NexGen fair opportunity competitive
process begins when an information technology need is identified. A
performance based (when appropriate) Statement of Requirements (SOR),
with source selection criteria is prepared. Additionally, the requiring
agency and Commerce Information Technology Solutions Office (CITS)
define the roles and responsibilities of the government parties in a
task order management plan. The SOR is offered to the appropriate
COMMITS NexGen contract holders according to tier to determine if they
wish to submit a task order proposal. The requesting activity evaluates
the submitted task order proposals, and based on an evaluation of the
proposal against the previously developed evaluation criteria, the
delivery order is awarded to the 'best value" Contractor.

In the event, the Department of Commerce delegates ordering authority
through this vehicle, the ordering agency must abide by the Department
of Commerce ordering procedures.

The following process represents general guidelines. The process for
each effort can be tailored to fit the needs of the customer.

Step 1: Identify Need

> Identifying the need for information technology solutions is the first
> step in the COMMITS NexGen process. This task is the responsibility of
> the requiring activity (the customer). If an activity recognizes the
> need for information technology solutions, they should first contact
> the COMMITS program office. The program office will provide guidance
> and instructions on the use of the COMMITS NexGen contracts. The
> program office will, if needed, assist with the development of the
> full Statement of Requirements, and provide the necessary resources to
> fully describe the technical requirements of the task, to ensure
> successful competition and award of the delivery order. During this
> step the reimbursable charge to non-DOC customers will be discussed.
> The charge will be tailored to fit the amount of effort the customer
> requires of the CITS office to satisfy their requirement.

Step 2: Address Scope Issues, if any

> This is the responsibility of the CITS office, in conjunction with the
> COMMITS NexGen Contracting Office. This step is necessary to ensure
> that the anticipated requirements are within the scope of the COMMITS
> NexGen contracts. While this step is necessary, given the scope of
> work envisioned by the basic contracts, and the solution based
> structure, it is anticipated that only requirements that do not in
> some manner call for information technology would be considered
> outside the scope of the COMMITS NexGen contract.

Step 3: Prepare Statement of Requirement (SOR), Source Selection
Criteria, and Task Order Management Plan

> As the title implies, the Statement of Requirements presents the
> requesting activities requirements. It is this document, along with
> the source selection criteria, that Contractors will use to prepare
> proposals for evaluation. The SOR is the most important document in
> the process. The SOR must fully detail the entire requirement, as that
> will be the primary source of information used by the Contractors to
> prepare their proposals. The SOR should not just be limited to
> technical details: logistics requirements, data deliverables, special
> instructions or conditions should also be described. For information
> technology services, it is important that the SOR be written as a
> performance based requirement. Preparation of the SOR and the source
> selection criteria is the responsibility of the requiring activity
> unless the activity requests the CITS office support.
>
> Following the solution based structure, the COMMITS NexGen contracts
> have no contract pricing. This gives Contractors the latitude to
> propose various solutions which that they feel will give the best
> value to the Government, at the time of requirement. Requesting
> activities are encouraged to perform market research in drafting the
> SOR. This could include seeking and receiving input or suggestions
> from the COMMITS NexGen Contractors as well as other sources. However,
> COMMITS NexGen Contractors are prohibited from preparing Statements of
> Requirements.
>
> Preparation of the Source Selection Criteria will also be accomplished
> by the requiring activity. These criteria may be different for each
> SOR, but may include Price, Technical Solution, Management Approach,
> Past Performance and/or Small Business Participation.
>
> In addition to identifying the evaluation criteria, the requesting
> activity can further identify the functional area, and category they
> wish for the fair opportunity competition to take place. For example,
> the nature of the requirement should identify which functional area
> would be best to request a solution, e.g., Information System Security
> Support Services. Within the functional area, the requesting activity
> can further identify the category (i.e., small, small disadvantaged,
> small disadvantaged 8(a), or small women-owned business) they want the
> competition to be conducted. This allows the requesting activity to
> select and receive acquisition credit based on the selected category's
> status.
>
> Finally, the requesting activity with assistance of the CITS office
> will develop a task order management plan. This plan will identify the
> specific responsibilities of each party in performing contract
> administration functions. The plan will further serve as a statement
> of work for any efforts to be performed by the CITS office.

Step 4: Release Statement of Requirements via Internet

> In keeping with the CITS office's intent to minimize the flow of
> paper, the requiring activity will send the completed SORs and source
> selection evaluation criteria to the CITS office for electronic
> release to COMMITS NexGen Contractors. The CITS office will use the
> COMMITS NexGen website for release of the SOR, source selection
> criteria, and other instructions to the COMMITS NexGen Contractors.
>
> Each SOR will be offered to the identified COMMITS NexGen category
> Contractors in accordance with the requirement for fair opportunity to
> be considered as described in the Federal Acquisition Regulation (FAR)
> 16.505(b). The CITS office cannot direct an award to a specific COMMTS
> NexGen Contractor unless one of four exemptions in FAR 16.505(b)(2)
> applies. These exemptions are:
>
> 1\. The agency's need for such supplies or services is of such urgency
> that providing such an opportunity would result in unacceptable
> delays.
>
> 2\. Only one such Contractor is capable of providing such supplies or
> services required at the level of quality required because the
> supplies or services ordered are unique or highly specialized.
>
> 3\. The order should be issued on a sole-source basis in the interest
> of economy and efficiency as logical follow-on to an order already
> issued under the contract, provided that all awardees were given a
> fair opportunity to be considered for the original order.
>
> 4\. Necessary to satisfy a minimum order.

Step 5: Respond to SOR

> After release of the SOR via the Internet, those Contractors
> interested in submitting a proposal will provide detailed proposals in
> accordance with the suspense date provided and await Government
> evaluation.
>
> In crafting solutions to specific task order requirements, the COMMITS
> NexGen Contractors will have access to the General Services
> Administration's (GSA) Federal Supply Schedules (FSS). The Government
> will authorize the COMMITS NexGen Contractors to use the FSS contracts
> to take advantage of the significant quantity discounts available to
> the Government. Small businesses may not be able to match the
> Government's buying power or achieve similar discounts. It is in the
> best interest of the Government to allow COMMITS NexGen Contractors
> the opportunity to use the FSS contracts for each proposed task order
> solution.

Step 6: Evaluate Responses to SOR

> Proposal evaluation will be conducted by the requiring activity. The
> CITS office can assist in the evaluation as necessary. Each evaluation
> shall be conducted in accordance with the established evaluation
> criteria. The requiring activity is responsible for selecting the best
> value Contractor. An evaluation report will be provided to the CITS
> office with the results of the evaluation.

Step 7: Award Task Order

> If award authority has been delegated, the requiring activity places
> the task order with the selected Contractors. Copies of the task order
> will be provided to the CITS office.
>
> If award authority remains with the COMMITS NexGen contracting
> officer, the requesting activity forwards their appropriate funding
> document, to the CITS office. Based on the selection decision, the
> COMMITS NexGen contracting officer will award the task order to the
> successful Contractor. Successful offerors will be notified and
> arrangements will be made for work to begin. In either case, the
> funding agency will receive award credit for the category of business
> selected (i.e., small, small disadvantaged, small disadvantaged 8(a),
> and small women-owned).

Step 8: Execute Task Order

> Unless the agency requests CITS office support, the responsibility for
> managing the delivery order resides with the requiring activity. The
> requiring activity's responsibilities will be spelled out in the task
> management plan. At a minimum, the requiring activity will be
> responsible for completing past performance reports which will be sent
> the Contractor for comment and then to the CITS office. These
> performance reports will be maintained in a past performance database,
> to be used for future task order evaluations, and general reporting
> requirements.

Step 9: Acceptance of Product and/or Service.

> When the work is completed, the requiring activity accepts the
> products and services via the appropriate acceptance document.

Attachment J-2

**Monthly Program Status Report (SAMPLE)**

**1.0 Contract Overview Charts**

  --------- --------- -------------- -------------- ----------- ------------ ---------
  TO Number TO Type   TO Value       TO Value With  Cost Status Schedule     Quality
                      Without        Options                    Status       Status
                      Options                                                

  T990001   CPFF      \$100,000      \$ 600,000     GREEN       GREEN        GREEN

  T990002   FFP       \$200,000      \$ 700,000     GREEN       **YELLOW**   GREEN

  T990003   CPAF      \$300,000      \$ 800,000     GREEN       BLUE         GREEN

  T990004   T&M       \$400,000      \$ 900,000     **RED**     GREEN        GREEN

  T990005   FPAF      \$500,000      \$1,000,000    GREEN       GREEN        BLUE
  --------- --------- -------------- -------------- ----------- ------------ ---------

The Contractor will evaluate each active task order and provide a
subjective rating of cost, Schedule and quality status using the
following color coding by task order:

Blue = Outstanding Green = Acceptable Yellow = Minor Problem Red = Major
Problem

A red or yellow entry in the cost, schedule or quality status columns
requires separate narrative comment in Section 3.0 of this report.

> **2.0 Major Accomplishments and Milestone Achievements**

Where applicable, the Contractor will provide narrative summarizing
major accomplishments and milestones achieved.

> **3.0 Problem Identification and Corrective Actions**

For each red or yellow area identified in Section 1.0 of this report,
the Contractor will provide a narrative describing the problem, its
impact, the corrective actions being taken to remedy the problem, and
any other pertinent information.

Attachment J-3

**COMMITS NexGen TASK ORDER SUBCONTRACT REPORT INSTRUCTION FOR
COMPLETION**

General: Pursuant to FAR 52.219-14, "Limitation on Subcontracting,"
small businesses receiving task orders under a contract awarded on a set
aside basis may not subcontract greater than 50% of the cumulative task
order work. Although individual tasks orders could exceed the 50% level,
the total cumulative efforts of all task orders under the contract may
not. The purpose of this form is to require the small business to
annually report to the Contracting Officer the subcontracting activity
on each active task order issued under the contract.

Reporting Period: The report covers the period October 1 through
September 30. Include the year in block 5.

Type of Report: Because some task orders have multiple year duration,
including exercise of options, reports may either be annual or total
multiple year duration. In the case of multiple year period of
performance, complete the report for both situations. This means submit
the report for both the annual activity plus a cumulative task order
multiple year life cycle basis. Check the appropriate block under number
5.

Task Order Identifier: Include the task order number in block 6.

Task Order Value: Include the total estimated task order value including
all option periods in block 7.

Total dollar value for the task order for reporting period: Include
value of funded work for the current reporting period in block 8. This
includes just the work authorized by the Contracting Officer via a
funded task order or task order modifications.

Total subcontract value for the reporting period: Include in block 9

Percent of work subcontracted to small and large businesses: Include
these amounts in blocks 10a and 10b respectively.

Subcategories of subcontracts: Report subcontracts in the appropriate
categories in blocks 11-16.

Attachment J-4

**Employee/Contractor Non-Disclosure Agreement Form**

[A Quotation from USC Title 18, Section 1905:]{.underline}

"Whoever, being an officer or employee of the United State or of any
department or agency thereof, publishes, divulges, discloses, or makes
known in any manner or to any extent not authorized by law any
information coming to him in the course of this employment of official
duties or by reason of any examination or investigation made by, or
return, report or record made to or filed with, such department or
agency or officer or employee thereof, which information concerns or
relates to the trade secrets, processes, operation, style of work, or
source of any income, profits, losses, or expenditures of any person,
firm, partnership, corporation or association; or permits any income
return or copy thereof or any book containing any abstract or
particulars thereof to be seen or examined by any person except as
provided by law; shall be fined not more than \$1,000 or imprisoned not
more than one year, or both; and shall be removed from office or
employment."

I, as a government employee or official Government contractor employee,
certify that I will not disclose, publish, divulge, release, or make
known, in any manner or to any extent, to any individual other than an
appropriate or authorized Government employee, the content of any
procurement sensitive information provided during the course of my
employment. I understand that for the purpose of this agreement,
procurement sensitive information is to include procurement data,
contract information, plans, and strategies.

I hereby certify that I have read the non-disclosure agreement described
above and I am familiar with the directives and policies governing the
disclosure of procurement sensitive information. I will fully and
completely observe these directives and will not disclose such
information to any unauthorized person, or use any information obtained
for private use or gain.

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

NAME (Please Print) SIGNATURE DATE

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

ORGANIZATION/AFFILIATION

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

CONTRACT NO.

94-2103 DC, DISTRICT-WIDE 06/10/03

\*\*\*FOR OFFICIAL USE ONLY BY FEDERAL AGENCIES PARTICIPATING IN MOU
WITH DOL\*\*\*

I WASHINGTON D.C. 20210

I

I

I

> I Wage Determination No.: 1994-2103

William W. Gross Division of I Revision No.: 30

Director Wage Determinations / Date of Last Revision: 06/03/2003 U.S.
Department of Labor Wage Determination

[I]{.underline}

States: District of Columbia, Maryland, Virginia

Area: District of Columbia Statewide

Maryland Counties of Calvert, Charles, Frederick, Montgomery, Prince
George's, St

Mary's

Virginia Counties of Alexandria, Arlington, Fairfax, Falls Church,
Fauquier, King

George, Loudoun, Prince William, Stafford

> \*\*Fringe Benefits Required Follow the Occupational Listing\*\*

OCCUPATION CODE - TITLE MINIMUM WAGE RATE

01000 - Administrative Support and Clerical Occupations

> 01011 -Accounting Clerk I 11.18
>
> 01012 - Accounting Clerk II 12.74
>
> 01013 - Accounting Clerk III 14.30
>
> 01014 - Accounting Clerk IV 16.37
>
> 01030 - Court Reporter 16.43
>
> 01050 - Dispatcher, Motor Vehicle 16.09
>
> 01060 - Document Preparation Clerk 12.42
>
> 01070 - Messenger (Courier) 10.23
>
> 01090 - Duplicating Machine Operator 12.42
>
> 01110- Film/Tape Librarian 14.65
>
> 01115-GeneralClerkl 11.68
>
> 01116- General Clerk II 13.72
>
> 01117- General Clerk III 15.32
>
> 01118- General Clerk IV 18.74
>
> 01120- Housing Referral Assistant 19.04
>
> 01131 - Key Entry Operator I 10.80
>
> 01132- Key Entry Operator II 12.07
>
> 01191 -OrderClerkl 14.74
>
> 01192- Order Clerk II 16.29
>
> 01261 - Personnel Assistant (Employment) I 13.05
>
> 01262 - Personnel Assistant (Employment) II 14.24
>
> 01263 - Personnel Assistant (Employment) III 16.42
>
> 01264 - Personnel Assistant (Employment) IV 19.60
>
> 01270 - Production Control Clerk 17.28
>
> 01290 - Rental Clerk 15.42
>
> 01300 - Scheduler, Maintenance 15.26
>
> 01311 -Secretary I 15.26
>
> 01312 - Secretary II 16.56
>
> 01313- Secretary III 19.04
>
> 01314 - Secretary IV 20.15
>
> 01315 - Secretary V 23.47
>
> 01320 - Service Order Dispatcher 15.44
>
> 01341 - Stenographer I 14.68
>
> 01342 - Stenographer II 16.47
>
> 01400 - Supply Technician 20.15
>
> 01420 - Survey Worker (Interviewer) 14.94
>
> 01460 - Switchboard Operator-Receptionist 10.96
>
> 01510-Test Examiner 16.56
>
> 01520 - Test Proctor 16.56
>
> 01531 -Travel Clerk I 11.63
>
> 01532 - Travel Clerk II 12.49
>
> 01533 - Travel Clerk III 13.41
>
> 01611 - Word Processor I 11.80
>
> 01612 - Word Processor II 14.22
>
> 01613 - Word Processor III 16.65

03000 - Automatic Data Processing Occupations

> 03010 - Computer Data Librarian 12.86
>
> 03041 - Computer Operator I 14.30
>
> 03042 - Computer Operator II 15.82
>
> 03043 - Computer Operator III 18.60
>
> 03044 - Computer Operator IV 20.44
>
> 03045 - Computer Operator V 22.94
>
> 03071 - Computer Programmer 1(1) 19.64
>
> 03072 - Computer Programmer 11(1) 23.05
>
> 03073 - Computer Programmer III (1) 26.99
>
> 03074 - Computer Programmer IV (1) 27.62
>
> 03101 - Computer Systems Analyst 1(1) 27.62
>
> 03102 - Computer Systems Analyst II (1) 27.62
>
> 03103 - Computer Systems Analyst III (1) 27.62
>
> 03160 - Peripheral Equipment Operator 14.30

05000 - Automotive Service Occupations

> 05005 - Automotive Body Repairer, Fiberglass 22.73
>
> 05010 - Automotive Glass Installer 17.88
>
> 05040 - Automotive Worker 17.88
>
> 05070 - Electrician, Automotive 18.95
>
> 05100 - Mobile Equipment Servicer 15.69
>
> 05130 - Motor Equipment Metal Mechanic 19.98
>
> 05160 - Motor Equipment Metal Worker 17.88
>
> 05190 - Motor Vehicle Mechanic 20.07
>
> 05220 - Motor Vehicle Mechanic Helper 16.81
>
> 05250 - Motor Vehicle Upholstery Worker 17.88
>
> 05280 - Motor Vehicle Wrecker 17.88
>
> 05310 - Painter, Automotive 18.95
>
> 05340 - Radiator Repair Specialist 17.88
>
> 05370 - Tire Repairer 14.43
>
> 05400 - Transmission Repair Specialist 19.98

07000 - Food Preparation and Service Occupations

> (not set) - Food Service Worker 9.01
>
> 07010-Baker 11.87
>
> 07041 - Cook I 10.93
>
> 07042 - Cook II 12.46
>
> 07070 - Dishwasher 9.22
>
> 07130 - Meat Cutter 16.07
>
> 07250 - Waiter/Waitress 8.59

09000 - Furniture Maintenance and Repair Occupations

> 09010 - Electrostatic Spray Painter 18.05
>
> 09040 - Furniture Handler 12.55
>
> 09070 - Furniture Refinisher 18.05
>
> 09100 - Furniture Refinisher Helper 13.85
>
> 09110 - Furniture Repairer, Minor 16.01
>
> 09130 - Upholsterer 18.05

11030 - General Services and Support Occupations

> 11030- Cleaner, Vehicles 9.67
>
> 11060 - Elevator Operator 9.79
>
> 11090- Gardener 12.98
>
> 11121 -House KeepingAidl 9.13
>
> 11122- House Keeping Aid II 9.39
>
> 11150- Janitor 10.12
>
> 11210- Laborer, Grounds Maintenance 10.75
>
> 11240- Maid or Houseman 9.28
>
> 11270 - Pest Controller 12.44
>
> 11300- Refuse Collector 10.88
>
> 11330 - Tractor Operator 12.73
>
> 11360- Window Cleaner 10.51

12000 - Health Occupations

> 12020 - Dental Assistant 15.80
>
> 12040 - Emergency Medical Technician (EMT)/Paramedic/Ambulance Driver
> 13.08
>
> 12071 - Licensed Practical Nurse I 14.63
>
> 12072 - Licensed Practical Nurse II 16.42
>
> 12073 - Licensed Practical Nurse III 18.38
>
> 12100 - Medical Assistant 12.94
>
> 12130 - Medical Laboratory Technician 15.32
>
> 12160 - Medical Record Clerk 13.60
>
> 12190 - Medical Record Technician 14.97
>
> 12221 - Nursing Assistant I 8.46
>
> 12222 - Nursing Assistant II 9.52
>
> 12223- Nursing Assistant III 11.94
>
> 12224 - Nursing Assistant IV 13.40
>
> 12250 - Pharmacy Technician 11.84
>
> 12280- Phlebotomist 11.21
>
> 12311 - Registered Nurse I 24.00
>
> 12312 - Registered Nurse II 26.70
>
> 12313 - Registered Nurse II, Specialist 26.70
>
> 12314 - Registered Nurse III 34.48
>
> 12315 - Registered Nurse Ill, Anesthetist 34.48
>
> 12316- Registered Nurse IV 41.33

13000 - Information and Arts Occupations

> 13002 - Audiovisual Librarian 18.95
>
> 13011 - Exhibits Specialist I 17.98
>
> 13012 - Exhibits Specialist II 22.48
>
> 13013 - Exhibits Specialist III 27.29
>
> 13041 - Illustrator I 18.73
>
> 13042 - Illustrator II 23.42
>
> 13043 - Illustrator III 28.82
>
> 13047 - Librarian 22.33
>
> 13050 - Library Technician 16.28
>
> 13071 - Photographer I 13.93
>
> 13072 - Photographer II 15.64
>
> 13073 - Photographer III 19.56
>
> 13074 - Photographer IV 24.08
>
> 13075 - Photographer V 26.50

15000 - Laundry, Dry Cleaning, Pressing and Related Occupations

> 15010- Assembler 8.71
>
> 15030- Counter Attendant 8.71
>
> 15040 - Dry Cleaner 9.94
>
> 15070 - Finisher, Flatwork, Machine 8.71
>
> 15090 - Presser, Hand 8.71
>
> 15100 - Presser, Machine, Drycleaning 8.71
>
> 15130 - Presser, Machine, Shirts 8.71
>
> 15160 - Presser, Machine, Wearing Apparel, Laundry 8.71
>
> 15190 - Sewing Machine Operator 10.67
>
> 15220 - Tailor 12.43
>
> 15250 - Washer, Machine 9.31

19000 - Machine Tool Operation and Repair Occupations

> 19010 - Machine-Tool Operator (Toolroom) 18.95
>
> 19040 - Tool and Die Maker 23.05

21000 - Material Handling and Packing Occupations

> 21010 - Fuel Distribution System Operator 19.38
>
> 21020 - Material Coordinator 17.12
>
> 21030 - Material Expediter 17.12
>
> 21040- Material Handling Laborer 11.50
>
> 21050 - Order Filler 13.21
>
> 21071 - Forklift Operator 14.58
>
> 21080 - Production Line Worker (Food Processing) 14.08
>
> 21100- Shipping/Receiving Clerk 13.09
>
> 21130- Shipping Packer 13.02
>
> 21140- Store Worker I 9.06
>
> 21150- Stock Clerk (Shelf Stocker; Store Worker II) 13.01
>
> 21210 - Tools and Parts Attendant 16.99
>
> 21400 - Warehouse Specialist 15.76

23000 - Mechanics and Maintenance and Repair Occupations

> 23010 - Aircraft Mechanic 22.24
>
> 23040 - Aircraft Mechanic Helper 14.71
>
> 23050 - Aircraft Quality Control Inspector 23.43
>
> 23060 - Aircraft Servicer 17.82
>
> 23070 - Aircraft Worker 18.09
>
> 23100 - Appliance Mechanic 18.95
>
> 23120 - Bicycle Repairer 14.43
>
> 23125 - Cable Splicer 22.51
>
> 23130 - Carpenter, Maintenance 18.95
>
> 23140 - Carpet Layer 17.61
>
> 23160 - Electrician, Maintenance 22.59
>
> 23181 - Electronics Technician, Maintenance I 16.88
>
> 23182 - Electronics Technician, Maintenance II 21.92
>
> 23183 - Electronics Technician, Maintenance III 23.87
>
> 23260 - Fabric Worker 16.55
>
> 23290 - Fire Alarm System Mechanic 19.98
>
> 23310 - Fire Extinguisher Repairer 15.69
>
> 23340 - Fuel Distribution System Mechanic 20.93
>
> 23370 - General Maintenance Worker 17.28
>
> 23400 - Heating, Refrigeration and Air Conditioning Mechanic 19.25
>
> 23430 - Heavy Equipment Mechanic 19.98
>
> 23440 - Heavy Equipment Operator 20.28
>
> 23460 - Instrument Mechanic 19.98
>
> 23470 - Laborer 11.79
>
> 23500 - Locksmith 18.95
>
> 23530 - Machinery Maintenance Mechanic 20.51
>
> 23550- Machinist, Maintenance 21.52
>
> 23580 - Maintenance Trades Helper 14.54
>
> 23640 - Millwright 19.70
>
> 23700 - Office Appliance Repairer 18.95
>
> 23740 - Painter, Aircraft 21.29
>
> 23760 - Painter, Maintenance 18.95
>
> 23790 - Pipefitter, Maintenance 20.94
>
> 23800 - Plumber, Maintenance 19.86
>
> 23820 - Pneudraulic Systems Mechanic 19.98
>
> 23850 - Rigger 19.98
>
> 23870 - Scale Mechanic 17.88
>
> 23890 - Sheet-Metal Worker, Maintenance 19.98
>
> 23910 - Small Engine Mechanic 20.05
>
> 23930 - Telecommunication Mechanic I 19.41
>
> 23931 - Telecommunication Mechanic II 20.45
>
> 23950 - Telephone Lineman 20.93
>
> 23960 - Welder, Combination, Maintenance 19.98
>
> 23965 - Well Driller 19.98
>
> 23970 - Woodcraft Worker 19.98
>
> 23980 - Woodworker 15.32

24000 - Personal Needs Occupations

> 24570 - Child Care Attendant 11.37
>
> 24580 - Child Care Center Clerk 15.86
>
> 24600 - Chore Aid 8.86
>
> 24630 - Homemaker 16.45

25000 - Plant and System Operation Occupations

> 25010 - Boiler Tender 22.20
>
> 25040 - Sewage Plant Operator 19.52
>
> 25070 - Stationary Engineer 22.20
>
> 25190 - Ventilation Equipment Tender 13.85
>
> 25210 - Water Treatment Plant Operator 19.72

27000 - Protective Service Occupations

> (not set) - Police Officer 21.76
>
> 27004 - Alarm Monitor 15.26
>
> 27006 - Corrections Officer 17.69
>
> 27010 - Court Security Officer 19.46
>
> 27040 - Detention Officer 18.29
>
> 27070 - Firefighter 19.72
>
> 27101 - Guard I 9.51
>
> 27102- Guard II 12.53

28000 - Stevedori ng/Longshoremen Occupations

> 28010 - Blocker and Bracer 16.76
>
> 28020 - Hatch Tender 16.76
>
> 28030 - Line Handler 16.76
>
> 28040 - Stevedore I 15.76
>
> 28050 - Stevedore II 17.78

29000 - Technical Occupations

> 21150- Graphic Artist 20.52
>
> 29010 - Air Traffic Control Specialist, Center (2) 29.85
>
> 29011 - Air Traffic Control Specialist, Station (2) 20.59
>
> 29012 - Air Traffic Control Specialist, Terminal (2) 22.67
>
> 29023 - Archeological Technician I 15.52
>
> 29024 - Archeological Technician II 17.35
>
> 29025-Archeological Technician III 21.51
>
> 29030 - Cartographic Technician 22.87
>
> 29035 - Computer Based Training (CBT) Specialist/Instructor 25.84
>
> 29040 - Civil Engineering Technician 19.56
>
> 29061 - Drafter I 13.01
>
> 29062 - Drafter II 16.29
>
> 29063 - Drafter III 18.30
>
> 29064 - Drafter IV 22.87
>
> 29081 - Engineering Technician I 16.15
>
> 29082 - Engineering Technician II 18.75
>
> 29083 - Engineering Technician III 22.54
>
> 29084 - Engineering Technician IV 25.86
>
> 29085 - Engineering Technician V 31.62
>
> 29086 - Engineering Technician VI 38.26
>
> 29090 - Environmental Technician 19.29
>
> 29100 - Flight Simulator/Instructor (Pilot) 30.54
>
> 29160 - Instructor 23.97
>
> 29210 - Laboratory Technician 16.87
>
> 29240 - Mathematical Technician 23.39
>
> 29361 - Paralegal/Legal Assistant I 18.38
>
> 29362 - Paralegal/Legal Assistant II 23.44
>
> 29363 - Paralegal/Legal Assistant III 28.68
>
> 29364 - Paralegal/Legal Assistant IV 34.69
>
> 29390 - Photooptics Technician 22.87
>
> 29480 - Technical Writer 25.08
>
> 29491 - Unexploded Ordnance (UXO) Technician I 18.97
>
> 29492 - Unexploded Ordnance (UXO) Technician II 22.96
>
> 29493 - Unexploded Ordnance (UXO) Technician III 27.51
>
> 29494 - Unexploded (UXO) Safety Escort 18.97
>
> 29495 - Unexploded (UXO) Sweep Personnel 18.97
>
> 29620 - Weather Observer, Senior (3) 21.32
>
> 29621 - Weather Observer, Combined Upper Air and Surface Programs (3)
> 18.30
>
> 29622 - Weather Observer, Upper Air (3) 18.30

31000 - Transportation/ Mobile Equipment Operation Occupations

> 31030 - Bus Driver 15.95
>
> 31260- Parking and Lot Attendant 8.62
>
> 31290 - Shuttle Bus Driver 12.94
>
> 31300 - Taxi Driver 10.99
>
> 31361 - Truckdriver, Light Truck 12.37
>
> 31362 - Truckdriver, Medium Truck 15.72
>
> 31363 - Truckdriver, Heavy Truck 18.40
>
> 31364 - Truckdriver, Tractor-Trailer 18.40

99000 - Miscellaneous Occupations

> 99020 - Animal Caretaker 9.33
>
> 99030 - Cashier 8.53
>
> 99041 - Carnival Equipment Operator 11.78
>
> 99042 - Carnival Equipment Repairer 12.69
>
> 99043 - Carnival Worker 7.93
>
> 99050 - Desk Clerk 9.78
>
> 99095 - Embalmer 19.04
>
> 99300 - Lifeguard 9.97
>
> 99310 - Mortician 22.94
>
> 99350 - Park Attendant (Aide) 12.52
>
> 99400 - Photofinishing Worker (Photo Lab Tech., Darkroom Tech) 9.81
>
> 99500 - Recreation Specialist 15.94
>
> 99510 - Recycling Worker 14.06
>
> 99610 - Sales Clerk 10.49
>
> 99620 - School Crossing Guard (Crosswalk Attendant) 11.37
>
> 99630 - Sport Official 11.24
>
> 99658 - Survey Party Chief (Chief of Party) 16.41
>
> 99659 - Surveying Technician (I nstr. Person/Surveyor Asst./l nstr.)
> 15.60
>
> 99660 - Surveying Aide 10.20
>
> 99690 - Swimming Pool Operator 13.54
>
> 99720 - Vending Machine Attendant 10.43
>
> 99730 - Vending Machine Repairer 13.54
>
> 99740 - Vending Machine Repairer Helper 11.02

ALL OCCUPATIONS LISTED ABOVE RECEIVE THE FOLLOWING BENEFITS:

HEALTH & WELFARE: \$2.36 an hour or \$94.40 a week or \$409.07 a month

VACATION: 2 weeks paid vacation after 1 year of service with a
Contractor or

successor; 3 weeks after 5 years, and 4 weeks after 15 years. Length of
service includes the whole span of continuous service with the present
Contractor or

successor, wherever employed, and with the predecessor Contractors in
the performance of similar work at the same Federal facility. (Reg. 29
CFR 4.173)

HOLIDAYS: A minimum often paid holidays per year: New Year's Day, Martin
Luther King Jr.'s Birthday, Washington's Birthday, Memorial Day,
Independence Day, Labor Day, Columbus Day, Veterans' Day, Thanksgiving
Day, and Christmas Day. (A Contractor may substitute for any of the
named holidays another day off with pay in accordance with a plan
communicated to the employees involved.) (See 29 CFR 4.174)

THE OCCUPATIONS WHICH HAVE PARENTHESES AFTER THEM RECEIVE THE FOLLOWING
BENEFITS (as

numbered):

1\) Does not apply to employees employed in a bona fide executive,
administrative,

or professional capacity as defined and delineated in 29 CFR 541. (See
CFR 4.156)

2\) APPLICABLE TO AIR TRAFFIC CONTROLLERS ONLY - NIGHT DIFFERENTIAL: An
employee is entitled to pay for all work performed between the hours of
6:00 P.M. and 6:00 A.M. at the rate of basic pay plus a night pay
differential amounting to 10 percent of the rate of basic pay.

3\) WEATHER OBSERVERS - NIGHT PAY & SUNDAY PAY: If you work at night as
part of a regular tour of duty, you will earn a night differential and
receive an additional

10% of basic pay for any hours worked between 6pm and 6am. If you are a
full-time employed (40 hours a week) and Sunday is part of your
regularly scheduled workweek, you are paid at your rate of basic pay
plus a Sunday premium of 25% of your basic rate for each hour of Sunday
work which is not overtime (i.e. occasional work on Sunday outside the
normal tour of duty is considered overtime work).

HAZARDOUS PAY DIFFERENTIAL: An 8 percent differential is applicable to
employees employed in a position that represents a high degree of hazard
when working with or in close proximity to ordinance, explosives, and
incendiary materials. This includes work such as screening, blending,
dying, mixing, and pressing of sensitive ordance, explosives, and
pyrotechnic compositions such as lead azide, black powder and photoflash
powder. All dry-house activities involving propellants or explosives.
Demilitarization, modification, renovation, demolition, and maintenance
operations on sensitive ordnance, explosives and incendiary materials.
All operations involving regrading and cleaning of artillery ranges.

A 4 percent differential is applicable to employees employed in a
position that represents a low degree of hazard when working with, or in
close proximity to ordance, (or employees possibly adjacent to)
explosives and incendiary materials which involves potential injury such
as laceration of hands, face, or arms of the employee engaged in the
operation, irritation of the skin, minor burns and the like; minimal
damage to immediate or adjacent work area or equipment being used. All
operations involving, unloading, storage, and hauling of ordance,
explosive, and incendiary ordnance material other than small arms
ammunition. These differentials are only applicable to work that has
been specifically designated by the agency for ordance, explosives, and
incendiary material differential pay.

\*\* UNIFORM ALLOWANCE \*\*

If employees are required to wear uniforms in the performance of this
contract (either by the terms of the Government contract, by the
employer, by the state or local law, etc.), the cost of furnishing such
uniforms and maintaining (by laundering or dry cleaning) such uniforms
is an expense that may not be borne by an employee where such cost
reduces the hourly rate below that required by the wage determination.
The Department of Labor will accept payment in accordance with the
following standards as compliance:

The Contractor or subcontractor is required to furnish all employees
with an adequate number of uniforms without cost or to reimburse
employees for the actual cost of the uniforms. In addition, where
uniform cleaning and maintenance is made the responsibility of the
employee, all Contractors and subcontractors subject to this wage
determination shall (in the absence of a bona fide collective bargaining
agreement providing for a different amount, or the furnishing of
contrary affirmative proof as to the actual cost), reimburse all
employees for such cleaning and maintenance at a rate of \$3.35 per week
(or \$.67 cents per day). However, in those instances where the uniforms
furnished are made of "wash and wear" materials, may be routinely washed
and dried with other personal garments, and do not require any special
treatment such as dry cleaning, daily washing, or commercial laundering
in order to meet the cleanliness or appearance standards set by the
terms of the Government contract, by the Contractor, by law, or by the
nature of the work, there is no requirement that employees be reimbursed
for uniform maintenance costs.

> \*\* NOTES APPLYING TO THIS WAGE DETERMINATION \*\*

The duties of employees under job titles listed are those described in
the "Service Contract Act Directory of Occupations," Fourth Edition,
January 1993, as amended by the Third Supplement, dated March 1997,
unless otherwise indicated. This publication may be obtained from the
Superintendent of Documents, at 202-783-3238, or by writing to the
Superintendent of Documents, U.S. Government Printing Office,
Washington, D.C. 20402. Copies of specific job descriptions may also be
obtained from the appropriate contracting officer.

REQUEST FOR AUTHORIZATION OF ADDITIONAL CLASSIFICATION AND WAGE RATE
{Standard Form 1444 (SF 1444)}

Conformance Process:

The contracting officer shall require that any class of service employee
which is not listed herein and which is to be employed under the
contract (i.e., the work to be performed is not performed by any
classification listed in the wage determination), be classified by the
Contractor so as to provide a reasonable relationship (i.e., appropriate
level of skill comparison) between such unlisted classifications and the
classifications listed in the wage determination. Such conformed classes
of employees shall be paid the monetary wages and furnished the fringe
benefits as are determined. Such conforming process shall be initiated
by the Contractor prior to the performance of contract work by such
unlisted class(es) of employees. The conformed classification, wage
rate, and/or fringe benefits shall be retroactive to the commencement
date of the contract. {See Section 4.6 (C)(vi)} When multiple wage
determinations are included in a contract, a separate SF 1444 should be
prepared for each wage determination to which a class(es) is to be
conformed.

The process for preparing a conformance request is as follows:

1\) When preparing the bid, the Contractor identifies the need for a
conformed occupation) and computes a proposed rate).

2\) After contract award, the Contractor prepares a written report
listing in order proposed classification title), a Federal grade
equivalency (FGE) for each proposed classification), job description),
and rationale for proposed wage rate), including information regarding
the agreement or disagreement of the authorized representative of the
employees involved, or where there is no authorized representative, the
employees themselves. This report should be submitted to the contracting
officer no later than 30 days after such unlisted class(es) of employees
performs any contract work.

3\) The contracting officer reviews the proposed action and promptly
submits a report of the action, together with the agency's
recommendations and pertinent information including the position of the
Contractor and the employees, to the Wage and Hour Division, Employment
Standards Administration, U.S. Department of Labor, for review. (See
section 4.6(b)(2) of Regulations 29 CFR Part 4).

4\) Within 30 days of receipt, the Wage and Hour Division approves,
modifies, or disapproves the action via transmittal to the agency
contracting officer, or notifies the contracting officer that additional
time will be required to process the request.

5\) The contracting officer transmits the Wage and Hour decision to the
Contractor.

6\) The Contractor informs the affected employees.

Information required by the Regulations must be submitted on SF 1444 or
bond paper.

When preparing a conformance request, the "Service Contract Act
Directory of Occupations" (the Directory) should be used to compare job
definitions to insure that duties requested are not performed by a
classification already listed in the wage determination. Remember, it is
not the job title, but the required tasks that determine whether a class
is included in an established wage determination. Conformances may not
be used to artificially split, combine, or subdivide classifications
listed in the wage determination.