**SECTION I - CONTRACT CLAUSES**

**I.1 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)**

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

# I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER I) CLAUSES

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

  52.202-1                   DEFINITIONS                                      Dec-01

  52.203-3                   GRATUITIES                                       Apr-84

  52.203-5                   COVENANT AGAINST CONTINGENT FEES                 Apr-84

  52.203.6                   RESTRICTIONS ON SUBCONTRACTOR SALES TO THE       Jul-95
                             GOVERNMENT Alternate I (October 1995)            

  52.203-7                   ANTI-KICKBACK PROCEDURES                         Jul-95

  52.203-8                   CANCELLATION, RECESSION, AND RECOVERY OF FUNDS   Jan-97
                             FOR ILLEGAL OR IMPROPER ACTIVITY                 

  52.203-10                  PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER  Jan-97
                             ACTIVITY                                         

  52.203-12                  LIMITATIONS ON PAYMENTS TO INFLUENCE CERTAIN     Jun-03
                             FEDERAL TRANSACTIONS                             

  52.204-2                   SECURITY REQUIREMENTS Alternate II (April 1984)  Aug-96

  52.204-4                   PRINTED OR COPIED DOUBLE-SIDE ON RECYCLE PAPER   Aug-00

  52.209-6                   PROTECTING THE GOVERNMENT\'S INTEREST WHEN       Jul-95
                             SUBCONTRACTING WITH CONTRACTORS DEBARRED,        
                             SUSPENDED, OR PROPOSED FOR DEBARMENT             

  52.211-5                   MATERIAL REQUIREMENTS                            Aug-00

  52.211-10                  COMMENCEMENT, PROSECUTION, AND COMPLETION OF     Apr-84
                             WORK Alternate I (April 1984)                    

  52.215-2                   AUDIT AND RECORDS-NEGOTIATION                    Jun-99

  52.215-8                   ORDER OF PRECEDENCE\--UNIFORM CONTRACT FORMAT    Oct-97

  52.215-9                   CHANGES OR ADDITIONS TO MAKE-OR-BUY PROGRAM      Oct-97
                             Alternate II (October 1997)                      

  52.215-10                  PRICE REDUCTION FOR DEFECTIVE COST OR PRICING    Oct-97
                             DATA                                             

  52.215-11                  PRICE REDUCTION FOR DEFECTIVE COST OR PRICING    Oct-97
                             DATA---MODIFICATIONS                             

  52.215-12                  SUBCONTRACTOR COST OR PRICING DATA               Oct-97

  52.215-13                  SUBCONTRACTOR COST OR PRICING                    Oct-97
                             DATA---MODIFICATIONS                             

  52.215-14                  INTEGRITY OF UNIT PRICES                         Oct-97

  52.215-18                  REVERSION OR ADJUSTMENT OF PLANS FOR             Oct-97
                             POSTRETIREMENT BENEFITS (PRB) OTHER THAN         
                             PENSIONS                                         

  52.215-19                  NOTIFICATION OF OWNERSHIP CHANGES                Oct-97

  52.215-20                  REQUIREMENTS FOR COST OR PRICING DATA OR         Oct-97
                             INFORMATION OTHER THAN COST OR PRICING DATA      

  52.215-21                  REQUIREMENTS FOR COST OR PRICING DATA OR         Oct-97
                             INFORMATION OTHER THAN COST OR PRICING           
                             DATA---MODIFICATIONS                             

  52.216-7                   ALLOWABLE COST AND PAYMENT                       Dec-02

  52.216-10                  INCENTIVE FEE                                    Mar-97

  52.217-2                   CANCELLATION UNDER MULTI-YEAR CONTRACTS          Oct-97

  52.217-8                   OPTION TO EXTEND SERVICES                        Nov-99

  52.217-9                   OPTION TO EXTEND THE TERM OF THE CONTRACT        Mar-00

  52.219-8                   UTILIZATION OF SMALL BUSINESS CONCERNS           Oct-00

  52.219-9                   SMALL BUSINESS SUBCONTRACTING PLAN (Alternate II Jan-02
                             (Oct 2001)                                       

  52.219-10                  INCENTIVE SUBCONTRACTING PROGRAM                 Oct-01

  52.219-16                  LIQUIDATED DAMAGES-SUBCONTRACTING PLAN           Jan-99

  52.222-1                   NOTICE TO THE GOVERNMENT OF LABOR DISPUTES       Feb-97

  52.222-2                   PAYMENT FOR OVERTIME PREMIUMS                    Jul-90

  52.222-6                   DAVIS-BACON ACT                                  Feb-95

  52.222-7                   WITHHOLDING OF FUNDS                             Feb-98

  52.222-8                   PAYROLL AND BASIC RECORDS                        Feb-98

  52.222-9                   APPRENTICES AND TRAINEES                         Feb-88

  52.222-10                  COMPLIANCE WITH COPELAND ACT REQUIREMENTS        Feb-88

  52.222-11                  SUBCONTRACTS (LABOR STANDARDS)                   Feb-88

  52.222-12                  CONTRACT TERMINATION -- DEBARMENT                Feb-88

  52.222-13                  COMPLIANCE WITH DAVIS-BACON AND RELATED ACT      Feb-88
                             REGULATIONS                                      

  52.222-14                  DISPUTES CONCERNING LABOR STANDARDS              Feb-88

  52.222-15                  CERTIFICATION OF ELIGIBILITY                     Feb-88

  52.222-16                  APPROVAL OF WAGE RATES                           Feb-88

  52.222-20                  WALSH-HEALEY PUBLIC CONTRACTS ACT                Dec-96

  52.222-21                  PROHIBITION OF SEGREGATED FACILITIES             Feb-99

  52.222-26                  EQUAL OPPORTUNITY                                Apr-02

  52.222-35                  EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, Dec-01
                             VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE  
                             VETERANS                                         

  52.222-36                  AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES Jan-98

  52.222-37                  EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, Dec-01
                             VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE  
                             VETERANS                                         

  52.222-41                  SERVICE CONTRACT ACT OF 1965, AS AMENDED         May-89

  52.222-43                  FAIR LABOR STANDARDS ACT AND SERVICE CONTRACT    May-89
                             ACT-PRICE ADJUSTMENT (MULTIPLE YEAR AND OPTION   
                             CONTRACTS                                        

  52.222-49                  SERVICE CONTRACT ACT-PLACE OF PERFORMANCE        May-89

  52.223-5                   POLLUTION PREVENTION AND RIGHT-TO-KNOW           Aug-03
                             INFORMATION                                      

  52.223-6                   DRUG-FREE WORKPLACE                              May-01

  52-223.10                  WASTE REDUCTION PROGRAM                          Aug-00

  52.223-14                  TOXIC CHEMICAL RELEASE REPORTING                 Aug-03

  52.224-1                   PRIVACY ACT NOTIFICATION                         Apr-84

  52.224-2                   PRIVACY ACT                                      Apr-84

  52.225-1                   BUY AMERICAN ACT\--SUPPLIES                      Jun-03

  52.225-3                   BUY AMERICAN ACT-FREE TRADE AGREEMENTS-ISRAELI   Jan-04
                             TRADE ACT                                        

  52.225-12                  NOTICE OF BUY AMERICAN ACT                       Jan-04
                             REQUIREMENT-CONSTRUCTION MATERIALS UNDER TRADE   
                             AGREEMENTS                                       

  52.225-13                  RESTRICTIONS ON CERTAIN FOREIGN PURCHASES        Dec-03

  52.227-1                   AUTHORIZATION AND CONSENT                        Jul-95

  52.227-2                   NOTICE AND ASSISTANCE REGARDING PATENT AND       Aug-96
                             COPYRIGHT INFRINGEMENT                           

  52.227-3                   PATENT INDEMNITY                                 Apr-84

  52.227-14                  RIGHTS IN DATA\--GENERAL,                        Jun-87

  52.227-17                  RIGHTS IN DATA-SPECIAL WORKS                     Jun-87

  52.227-21                  TECHNICAL DATA DECLARATION, REVISION, AND        Jan-97
                             WITHHOLDING OF PAYMENT\--MAJOR SYSTEMS           

  52.227-22                  MAJOR SYSTEM-MINIMUM RIGHTS                      Jun-87

  52.227-23                  RIGHTS TO PROPOSAL DATA (TECHNICAL)              Jun-87

  52.228-5                   INSURANCE-WORK ON A GOVERNMENT INSTALLATION      Jan-97

  52.228-7                   INSURANCE-LIABILITY TO THIRD PERSONS             Mar-96

  52.229-3                   FEDERAL, STATE, AND LOCAL TAXES                  Apr-03

  52.230-2                   COST ACCOUNTING STANDARDS                        Apr-98

  52.230-3                   DISCLOSURE AND CONSISTENCY OF COST ACCOUNTING    Apr-98
                             PRACTICES                                        

  52.230-4                   CONSISTENCY IN COST ACCOUNTING PRACTICES         Aug-92

  52.230-6                   ADMINISTRATION OF COST ACCOUNTING STANDARDS      Nov-99

  52.232-1                   PAYMENTS                                         Apr-84

  52.232-5                   PAYMENTS UNDER FIXED-PRICE CONSTRUCTION          Sep-02
                             CONTRACTS                                        

  52.232-6                   PAYMENT UNDER COMMUNICATION SERVICE CONTRACTS    Apr-84
                             WITH COMMON CARRIERS                             

  52.232-7                   PAYMENTS UNDER TIME-AND-MATERIALS AND LABOR-HOUR Dec-02
                             CONTRACTS                                        

  52.232-8                   DISCOUNTS FOR PROMPT PAYMENT                     Feb-02

  52.232-16                  PROGRESS PAYMENTS                                Apr-03

  52.232-17                  INTEREST                                         Jun-96

  52.232-18                  AVAILABILITY OF FUNDS                            Apr-84

  52.232-19                  AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR   Apr-84

  52.232-20                  LIMITATION OF COST                               Apr-84

  52.232-22                  LIMITATION OF FUNDS                              Apr-84

  52.232-23                  ASSIGNMENT OF CLAIMS                             Jan-86

  52.232-25                  PROMPT PAYMENT                                   Oct-03

  52.232-27                  PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS        Oct-03

  52.232.33                  PAYMENT BY ELECTRONIC FUNDS TRANSFER\--CENTRAL   Oct-03
                             CONTRACTOR REGISTRATION                          

  52.233-1                   DISPUTES Alternate I (DEC 1991)                  Jul-02

  52.233-3                   PROTEST AFTER AWARD                              Aug-96

  52.233-3                   PROTEST AFTER AWARD Alternate I (Jun 1985)       Aug-96

  52.233-4                   APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM      Oct-04

  52.236-5                   MATERIAL AND WORKMANSHIP                         Apr-84

  52.236-7                   PERMITS AND RESPONSIBILITY                       Nov-91

  52.236-12                  CLEANING UP                                      Apr-84

  52.236-13                  ACCIDENT PREVENTION                              Nov-91

  52.236-17                  LAYOUT OF WORK                                   Apr-84

  52.236-21                  SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION     Feb-97

  52.236-26                  PRECONSTRUCTION CONFERENCE                       Feb-95

  52.239-1                   PRIVACY OR SECURITY SAFEGUARDS                   Aug-96

  52.242-1                   NOTICE OF INTENT TO DISALLOW COSTS               Apr-84

  52.242-2                   PRODUCTION PROGRESS REPORTS                      Apr-91

  52.242-3                   PENALTIES FOR UNALLOWABLE COSTS                  May-01

  52.242-4                   CERTIFICATION OF FINAL INDIRECT COSTS            Jan-97

  52.242-10                  F.o.b. ORIGIN-GOVERNMENT BILLS OF LADING OR      Apr-84
                             PREPAID POSTAGE                                  

  52.242-13                  BANKRUPTCY                                       Jul-95

  52.242-14                  SUSPENSION OF WORK                               Apr-84

  52.243-1                   CHANGES-FIXED-PRICE Alternate III (Apr 1984)     Aug-87

  52.243-2                   CHANGES-COST-REIMBURSEMENT Alternate II (April   Aug-87
                             1984)                                            

  52.243-4                   CHANGES                                          Aug-87

  52.243-5                   CHANGES AND CHANGED CONDITIONS                   Apr-84

  52.243-7                   NOTIFICATION OF CHANGES                          Apr-84

  52.244-2                   SUBCONTRACTS Alternate II (Aug 1998)             Aug-98

  52.244-5                   COMPETITION IN SUBCONTRACTING                    Dec-96

  52.244-6                   SUBCONTRACTS FOR COMMERCIAL ITEMS                Apr-03

  52.245-1                   PROPERTY RECORDS                                 Apr-84

  52.245-5                   GOVERNMENT PROPERTY (COST-REIMBURSEMENT,         Jun-03
                             TIME-AND-MATERIAL, OR LABOR HOUR CONTRACTS)      

  52.246-12                  INSPECTION OF CONSTRUCTION                       Aug-96

  52.246-25                  LIMITATION OF LIABILITY-SERVICES                 Feb-97

  52.247-1                   COMMERCIAL BILL OF LADING NOTATIONS              Apr-84

  52.249-2                   TERMINATION FOR CONVENIENCE OF THE GOVERNMENT    Sep-96
                             (FIXED PRICE)                                    

  52.249-2                   TERMINATION FOR CONVENIENCE OF THE GOVERNMENT    Sept-96
                             (FIXED PRICE) Alternate I (Sept 1996)            

  52.249-6                   TERMINATION FOR CONVENIENCE OF THE GOVERNMENT    Sep-96
                             (COST REIMBURSEMENT)                             

  52.249-6                   TERMINATION FOR CONVENIENCE OF THE GOVERNMENT    Sep-96
                             (COST REIMBURSEMENT) Alternate IV (Sept 1996)    

  52.249-8                   DEFAULT (FIXED-PRICE SUPPLY AND SERVICE)         Apr-84

  52.249-10                  DEFAULT (FIXED-PRICE CONSTRUCTION)               Apr-84

  52.249-13                  FAILURE TO PERFORM                               Apr-84

  52.249-14                  EXCUSABLE DELAYS                                 Apr-84

  52.251-1                   GOVERNMENT SUPPLY SERVICES                       Apr-84

  52.253-1                   COMPUTER GENERATED FORMS                         Jan-91
  ----------------------------------------------------------------------------------------------------

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

This contract is subject to the written approval of the Census Bureau
and shall not be binding until so approved.

(End of Clause)

**I.3 52.215-19 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 thirty (30) days.

\(2\) The Contractor shall also notify the ACO within thirty (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.4 52.222-42 STATEMENT OF EQUIVALENT RATES FOR FEDERAL HIRES (MAY 1989)

In compliance with the Service Contract Act of 1965, as amended, and the
regulations of the Secretary of Labor (29 CFR part 4), this clause
identifies the classes of service employees expected to be employed
under the contract and states the wages and fringe benefits payable to
each if they were employed by the contracting agency subject to the
provisions of 5 U.S.C. 5341 or 5332.

*This Statement is for Information Only:*

*It is not a Wage Determination*

  -----------------------------------------------------------------------
  **Statement of Equivalent Rates for        
  Federal Hires**                            
  ------------------------------------------ ----------------------------
  **Description**                            **\*GS Equivalent**

  AA Program Manager                         Senior Executive Service

  AB Task Manager                            GS 14 step 5

  AC Technical Assistant                     GS 11 step 3

  AD Senior Systems Engineer                 GS 13 step 6

  AE Systems Engineer                        GS 13 step 2

  AF Senior Systems Analyst                  GS 13 step 5

  AG Computer Systems analyst                GS 12 step 7

  AH Software Engineer                       GS 12 step 6

  AI Database Management Specialist          GS 15 step 4

  AJ Configuration Management Specialist     GS 12 step 3

  AK Workflow Management Specialist          GS 15 step 2

  AL Human Factors Specialist                GS 13 step 6

  AM Senior Imaging Specialist               GS 15 step 4

  AN Imaging Specialist                      GS 14 step 6

  AO Technical Writer                        GS 11 step 2

  AP Recognition Specialist                  GS 15 step 2

  AQ Quality Control Specialist              GS 13 step 4

  AR Statistician                            GS 12 step 6

  AS Training Specialist                     GS 11 step 5

  AT Data Communications Engineer            GS 13 step 1

  AU LAN Administrator                       GS 13 step 1

  AV Senior Systems Technician               GS 12 step 6

  AW Systems Technician                      GS 11 step 5
  -----------------------------------------------------------------------

(End of clause)

**I.5 52.225-9 BUY AMERICAN ACT-CONSTRUCTION MATERIALS (JUNE 2003)**

\(a\) Definitions. As used in this clause:

\"Component\" means an article, material, or supply incorporated
directly into a construction material.

\"Construction material\" means an article, material, or supply brought
to the construction site by the Contractor or a subcontractor for
incorporation into the building or work. The term also includes an item
brought to the site preassembled from articles, materials, or supplies.
However, emergency life safety systems, such as emergency lighting, fire
alarm, and audio evacuation systems, that are discrete systems
incorporated into a public building or work and that are produced as
complete systems, are evaluated as a single and distinct construction
material regardless of when or how the individual parts or components of
those systems are delivered to the construction site. Materials
purchased directly by the Government are supplies, not construction
material.

\"Cost of components\" means:

\(1\) For components purchased by the Contractor, the acquisition cost,
including transportation costs to the place of incorporation into the
construction material (whether or not such costs are paid to a domestic
firm), and any applicable duty (whether or not a duty-free entry
certificate is issued); or (2) For components manufactured by the
Contractor, all costs associated with the manufacture of the component,
including transportation costs as described in paragraph (1) of this
definition, plus allocable overhead costs, but excluding profit. Cost of
components does not include any costs associated with the manufacture of
the end product.

\"Domestic construction material\" means:

> \(1\) An unmanufactured construction material mined or produced in the
> United States; or

(2) A construction material manufactured in the United States, if the
cost of its components mined, produced, or manufactured in the United
States exceeds Fifty (50) percent of the cost of all its components.
Components of foreign origin of the same class or kind for which
nonavailability determinations have been made are treated as domestic.

\"Foreign construction material\" means a construction material other
than a domestic construction material.

\"United States\" means the 50 States, the District of Columbia, and
outlying areas.

\(b\) Domestic preference. (1) This clause implements the Buy American
Act (41 U.S.C. 10a - 10d) by providing a preference for domestic
construction material. The Contractor shall use only

domestic construction material in performing this contract, except as
provided in paragraphs (b)(2) and (b)(3) of this clause.

\(2\) This requirement does not apply to the construction material or
components listed by the Government as follows:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\[Contracting Officer to list applicable excepted materials or indicate
\"none\"\]

\(3\) The Contracting Officer may add other foreign construction
material to the list in paragraph (b)(2) of this clause if the
Government determines that-

\(i\) The cost of domestic construction material would be unreasonable.
The cost of a particular domestic construction material subject to the
requirements of the Buy American Act is unreasonable when the cost of
such material exceeds the cost of foreign material by more than 6
percent;

\(ii\) The application of the restriction of the Buy American Act to a
particular construction material would be impracticable or inconsistent
with the public interest; or

\(iii\) The construction material is not mined, produced, or
manufactured in the United States in sufficient and reasonably available
commercial quantities of a satisfactory quality.

\(c\) Request for determination of inapplicability of the Buy American
Act. (1)(i) Any Contractor request to use foreign construction material
in accordance with paragraph (b)(3) of this clause shall include
adequate information for Government evaluation of the request,
including:

(A) A description of the foreign and domestic construction materials;

(B) Unit of measure;

\(C\) Quantity;

(D) Price;

\(E\) Time of delivery or availability;

(F) Location of the construction project;

(G) Name and address of the proposed supplier; and

(H) A detailed justification of the reason for use of foreign
construction materials cited in accordance with paragraph (b)(3) of this
clause.

\(ii\) A request based on unreasonable cost shall include a reasonable
survey of the market and a completed price comparison table in the
format in paragraph (d) of this clause.

\(iii\) The price of construction material shall include all delivery
costs to the construction site and any applicable duty (whether or not a
duty-free certificate may be issued).

\(iv\) Any Contractor request for a determination submitted after
contract award shall explain why the Contractor could not reasonably
foresee the need for such determination and could not have requested the
determination before contract award. If the Contractor does not submit a
satisfactory explanation, the Contracting Officer need not make a
determination.

\(2\) If the Government determines after contract award that an
exception to the Buy American Act applies and the Contracting Officer
and the Contractor negotiate adequate consideration, the Contracting
Officer will modify the contract to allow use of the foreign
construction material. However, when the basis for the exception is the
unreasonable price of a

domestic construction material, adequate consideration is not less than
the differential established in paragraph (b)(3)(i) of this clause.

\(3\) Unless the Government determines that an exception to the Buy
American Act applies, use of foreign construction material is
noncompliant with the Buy American Act.

\(d\) Data. To permit evaluation of requests under paragraph (c) of this
clause based on unreasonable cost, the Contractor shall include the
following information and any applicable supporting data based on the
survey of suppliers:

+-----------------------+---------------+---------------+--------------+
| **Foreign and         |               |               |              |
| Domestic Construction |               |               |              |
| Materials Price       |               |               |              |
| Comparison**          |               |               |              |
+-----------------------+---------------+---------------+--------------+
| Construction Material | Unit of       | Quantity      | Price        |
| Description           | Measure       |               | (Dollars)\*  |
+-----------------------+---------------+---------------+--------------+
| Item 1:               |               |               |              |
+-----------------------+---------------+---------------+--------------+
| Foreign construction  | \             | \             | \_           |
| material              | _\_\_\_\_\_\_ | _\_\_\_\_\_\_ | \_\_\_\_\_\_ |
+-----------------------+---------------+---------------+--------------+
| Domestic construction | \             | \             | \_           |
| material              | _\_\_\_\_\_\_ | _\_\_\_\_\_\_ | \_\_\_\_\_\_ |
+-----------------------+---------------+---------------+--------------+
| Item 2:               | \             | \             | \_           |
|                       | _\_\_\_\_\_\_ | _\_\_\_\_\_\_ | \_\_\_\_\_\_ |
+-----------------------+---------------+---------------+--------------+
| Foreign construction  | \             | \             | \_           |
| material              | _\_\_\_\_\_\_ | _\_\_\_\_\_\_ | \_\_\_\_\_\_ |
+-----------------------+---------------+---------------+--------------+
| Domestic construction |               |               |              |
| material              |               |               |              |
+-----------------------+---------------+---------------+--------------+

+-----------------------------------------------------------------------+
| \[List name, address, telephone number, and contract for suppliers    |
| survey. Attached copy of response; if oral, attach summary.\]         |
|                                                                       |
| \[Include other applicable supporting information.\]                  |
|                                                                       |
| \[\*Include all delivery costs to the construction site and any       |
| applicable duty (whether or not a duty-free entry certificate is      |
| issued.\]                                                             |
+-----------------------------------------------------------------------+

**I.6 52.225-10 NOTICE OF BUY AMERICAN ACT REQUIREMENT-CONSTRUCTION
MATERIALS (MAY 2002)**

\(a\) Definitions. \"Construction material,\" \"domestic construction
material,\" and \"foreign construction material,\" as used in this
provision, are defined in the clause of this solicitation entitled \"Buy
American Act-Construction Materials\" (Federal Acquisition Regulation
(FAR) clause 52.225-9).

\(b\) Requests for determinations of inapplicability. An offeror
requesting a determination regarding the inapplicability of the Buy
American Act should submit the request to the Contracting Officer in
time to allow a determination before submission of offers. The offeror
shall include the information and applicable supporting data required by
paragraphs (c) and (d) of the clause at FAR 52.225-9 in the request. If
an offeror has not requested a determination regarding the
inapplicability of the Buy American Act before submitting its offer, or
has not received a response to a previous request, the offeror shall
include the information and supporting data in the offer.

\(c\) Evaluation of offers.

\(1\) The Government will evaluate an offer requesting exception to the
requirements of the Buy American Act, based on claimed unreasonable cost
of domestic construction material, by adding to the offered price the
appropriate percentage of the cost of such foreign construction
material, as specified in paragraph (b)(3)(i) of the clause at FAR
52.225-9.

\(2\) If evaluation results in a tie between an offeror that requested
the substitution of foreign construction material based on unreasonable
cost and an offeror that did not request an exception, the Contracting
Officer will award to the offeror that did not request an exception
based on unreasonable cost.

\(d\) Alternate offers.

\(1\) When an offer includes foreign construction material not listed by
the Government in this solicitation in paragraph (b)(2) of the clause at
FAR 52.225-9, the offeror also may submit an alternate offer based on
use of equivalent domestic construction material.

\(2\) If an alternate offer is submitted, the offeror shall submit a
separate Standard Form 1442 for the alternate offer, and a separate
price comparison table prepared in accordance with paragraphs (c) and
(d) of the clause at FAR 52.225-9 for the offer that is based on the use
of any foreign construction material for which the Government has not
yet determined an exception applies.

\(3\) If the Government determines that a particular exception requested
in accordance with paragraph (c) of the clause at FAR 52.225-9 does not
apply, the Government will evaluate only those offers based on use of
the equivalent domestic construction material, and the offeror shall be
required to furnish such domestic construction material. An offer based
on use of the foreign construction material for which an exception was
requested- (i) Will be rejected as nonresponsive if this acquisition is
conducted by sealed bidding; or (ii) May be accepted if revised during
negotiations.

> (End of Provision)

Alternate I (May 2002). As prescribed in 25.1102(b)(2), substitute the
following paragraph (b) for paragraph (b) of the basic provision:

\(b\) Requests for determinations of inapplicability. An offeror
requesting a determination regarding the inapplicability of the Buy
American Act shall submit the request with its offer, including the
information and applicable supporting data required by paragraphs (c)
and (d) of the clause at FAR 52.225-9.

I.7 52.225-11 BUY AMERICAN ACT-CONSTRUCTION MATERIALS UNDER TRADE
AGREEMENTS (JAN 2004)

\(a\) Definitions. As used in this clause:

\"Component\" means an article, material, or supply incorporated
directly into a construction material.

\"Construction material\" means an article, material, or supply brought
to the construction site by the Contractor or subcontractor for
incorporation into the building or work. The term also includes an item
brought to the site preassembled from articles, materials, or supplies.
However, emergency life safety systems, such as emergency lighting, fire
alarm, and audio evacuation systems, that are discrete systems
incorporated into a public building or work and that are produced as
complete systems, are evaluated as a single and distinct construction
material regardless of when or how the individual parts or components of
those systems are delivered to the construction site. Materials
purchased directly by the Government are supplies, not construction
material.

\"Cost of components\" means:

(1) For components purchased by the Contractor, the acquisition cost,
including transportation costs to the place of incorporation into the
construction material (whether or not such costs are paid to a domestic
firm), and any applicable duty (whether or not a duty-free entry
certificate is issued); or

(2) For components manufactured by the Contractor, all costs associated
with the manufacture of the component, including transportation costs as
described in paragraph (1) of this definition, plus allocable overhead
costs, but excluding profit. Cost of components does not include any
costs associated with the manufacture of the end product.

\"Designated country\" means any of the following countries:

Aruba Djibouti Japan Rwanda

Austria Equatorial Guinea Kiribati Sao Tome and Principe

Bangladesh Finland Korea, Republic of Sierra Leone

Belgium France Lesotho Singapore

Benin Gambia Liechtenstein Somalia

Bhutan Germany Luxembourg Spain

Botswana Greece Malawi Sweden

Burkina Faso Guinea Maldives Switzerland

Burundi Guinea-Bissau Mali Tanzania U.R.

Canada Haiti Mozambique Togo

Cape Verde Hong Kong Nepal Tuvalu

Central African Republic Iceland Netherlands Uganda

Chad Ireland Niger United Kingdom

Comoros Israel Norway Vanuatu

Denmark Italy Portugal Western Samoa

Yemen

\"Designated country construction material\" means a construction
material that:

(1) Is wholly the growth, product, or manufacture of a designated
country; or

\(2\) In the case of a construction material that consists in whole or
in part of materials from another country, has been substantially
transformed in a designated country into a new and different
construction material distinct from the materials from which it was
transformed.

\"Domestic construction material\" means:

(1) An unmanufactured construction material mined or produced in the
United States; or

\(2\) A construction material manufactured in the United States, if the
cost of its components mined, produced, or manufactured in the United
States exceeds Fifty (50) percent of the cost of all its components.
Components of foreign origin of the same class or kind for which
nonavailability determinations have been made are treated as domestic.

\"Foreign construction material\" means a construction material other
than a domestic construction material.

\"Free Trade Agreement country\" means Canada, Chile, Mexico, or
Singapore.

\"Free Trade Agreement country construction material\" means a
construction material that:

(1) Is wholly the growth, product, or manufacture of a Free Trade
Agreement (FTA) country; or

\(2\) In the case of a construction material that consists in whole or
in part of materials from another country, has been substantially
transformed in a FTA country into a new and different construction
material distinct from the materials from which it was transformed.

\"United States\" means the 50 States, the District of Columbia, and
outlying areas.

\(b\) Construction materials. (1) This is clause implements the Buy
American Act (41 U.S.C. 10a - 10d) by providing a preference for
domestic construction material. In addition, the Contracting Officer has
determined that the Trade Agreements Act and Free Trade Agreements
(FTAs) apply to this acquisition. Therefore, the Buy American Act
restrictions are waived for designated country and FTA country
construction materials.

\(2\) The Contractor shall use only domestic, designated country, or FTA
country

construction material in performing this contract, except as provided in
paragraphs (b)(3) and (b)(4) of this clause.

\(3\) The requirement in paragraph (b)(2) of this clause does not apply
to the construction materials or components listed by the Government as
follows:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\
\[Contracting Officer to list applicable excepted materials or indicate
\"none\"\]

(4) The Contracting Officer may add other foreign construction material
to the list in paragraph (b)(3) of this clause if the Government
determines that-

\(i\) The cost of domestic construction material would be unreasonable.
The cost of a particular domestic construction material subject to the
restrictions of the Buy American Act is unreasonable when the cost of
such material exceeds the cost of foreign material by more than 6
percent;

\(ii\) The application of the restriction of the Buy American Act to a
particular construction material would be impracticable or inconsistent
with the public interest; or

\(iii\) The construction material is not mined, produced, or
manufactured in the United States in sufficient and reasonably available
commercial quantities of a satisfactory quality.

\(c\) Request for determination of inapplicability of the Buy American
Act. (1)(i) Any Contractor request to use foreign construction material
in accordance with paragraph (b)(4) of this clause shall include
adequate information for Government evaluation of the request,
including:

\(A\) A description of the foreign and domestic construction materials;

\(B\) Unit of measure;

\(C\) Quantity;

\(D\) Price;

\(E\) Time of delivery or availability;

\(F\) Location of the construction project;

\(G\) Name and address of the proposed supplier; and

\(H\) A detailed justification of the reason for use of foreign
construction materials cited in accordance with paragraph (b)(3) of this
clause.

\(ii\) A request based on unreasonable cost shall include a reasonable
survey of the market and a completed price comparison table in the
format in paragraph (d) of this clause.

\(iii\) The price of construction material shall include all delivery
costs to the construction site and any applicable duty (whether or not a
duty-free certificate may be issued).

\(iv\) Any Contractor request for a determination submitted after
contract award shall explain why the Contractor could not reasonably
foresee the need for such determination and could not have requested the
determination before contract award. If the Contractor does not submit a
satisfactory explanation, the Contracting Officer need not make a
determination.

\(2\) If the Government determines after contract award that an
exception to the Buy American Act applies and the Contracting Officer
and the Contractor negotiate adequate consideration, the Contracting
Officer will modify the contract to allow use of the foreign
construction material. However, when the basis for the exception is the
unreasonable price of a domestic construction material, adequate
consideration is not less than the differential established in paragraph
(b)(4)(i) of this clause.

\(3\) Unless the Government determines that an exception to the Buy
American Act applies, use of foreign construction material is
noncompliant with the Buy American Act.

\(d\) Data. To permit evaluation of requests under paragraph (c) of this
clause based on unreasonable cost, the Contractor shall include the
following information and any applicable supporting data based on the
survey of suppliers:

+-----------------------+---------------+---------------+--------------+---+
| **Foreign and         |               |               |              |   |
| Domestic Construction |               |               |              |   |
| Materials Price       |               |               |              |   |
| Comparison**          |               |               |              |   |
+-----------------------+---------------+---------------+--------------+---+
| Construction Material | Unit of       | Quantity      | Price        |   |
| Description           | Measure       |               | (Dollars)\*  |   |
+-----------------------+---------------+---------------+--------------+---+
| Item 1:               |               |               |              |   |
+-----------------------+---------------+---------------+--------------+---+
| Foreign construction  | \             | \             | \_           |   |
| material              | _\_\_\_\_\_\_ | _\_\_\_\_\_\_ | \_\_\_\_\_\_ |   |
+-----------------------+---------------+---------------+--------------+---+
| Domestic construction | \             | \             | \_           |   |
| material              | _\_\_\_\_\_\_ | _\_\_\_\_\_\_ | \_\_\_\_\_\_ |   |
+-----------------------+---------------+---------------+--------------+---+
| Item 2:               | \             | \             | \_           |   |
|                       | _\_\_\_\_\_\_ | _\_\_\_\_\_\_ | \_\_\_\_\_\_ |   |
+-----------------------+---------------+---------------+--------------+---+
| Foreign construction  | \             | \             | \_           |   |
| material              | _\_\_\_\_\_\_ | _\_\_\_\_\_\_ | \_\_\_\_\_\_ |   |
+-----------------------+---------------+---------------+--------------+---+
| Domestic construction |               |               |              |   |
| ma                    |               |               |              |   |
| terial665230.docApril |               |               |              |   |
| 2, 2004               |               |               |              |   |
+-----------------------+---------------+---------------+--------------+---+
| \[List name, address, |               |               |              |   |
| telephone number, and |               |               |              |   |
| contract for          |               |               |              |   |
| suppliers survey.     |               |               |              |   |
| Attached copy of      |               |               |              |   |
| response; if oral,    |               |               |              |   |
| attach summary.\]     |               |               |              |   |
|                       |               |               |              |   |
| \[Include other       |               |               |              |   |
| applicable supporting |               |               |              |   |
| information.\]        |               |               |              |   |
|                       |               |               |              |   |
| \[\*Include all       |               |               |              |   |
| delivery costs to the |               |               |              |   |
| construction site and |               |               |              |   |
| any applicable duty   |               |               |              |   |
| (whether or not a     |               |               |              |   |
| duty-free entry       |               |               |              |   |
| certificate is        |               |               |              |   |
| issued.\]             |               |               |              |   |
+-----------------------+---------------+---------------+--------------+---+

(End of clause)

Alternate I (Jan 2004). As prescribed in 25.1102(c)(3), delete the
definitions of \"Free Trade Agreement country\" and \"Free Trade
Agreement country construction material\" from the definitions in
paragraph (a) of the basic clause, add the following definition of
\"Chilean construction material\" to paragraph (a) of the basic clause,
and substitute the following paragraphs (b)(1) and (b)(2) for paragraphs
(b)(1) and (b)(2) of the basic clause:

\"Chilean construction material\" means a construction material that:

\(1\) Is wholly the growth, product, or manufacture of Chile; or

\(2\) In the case of a construction material that consists in whole or
in part of materials from another country, has been substantially
transformed in Chile into a new and different construction material
distinct from the materials from which it was transformed.

\(b\) Construction materials. (1) This clause implements the Buy
American Act (41 U.S.C. 10a - 10d) by providing a preference for
domestic construction material. In addition, the Contracting Officer has
determined that the Trade Agreements Act, the Chile Free Trade
Agreement, and the Singapore Free Trade Agreement apply to this
acquisition. Therefore, the Buy American Act restrictions are waived for
designated country and Chilean construction materials.

\(2\) The Contractor shall use only domestic, designated country, or
Chilean construction material in performing this contract, except as
provided in paragraphs (b)(3) and (b)(4) of this clause.

**I.8 52.247-67 SUBMISSION OF COMMERCIAL TRANSPORTATION BILLS TO THE
GENERAL SERVICES ADMINISTRATION FOR AUDIT (JUNE 1997)**

(a)(1) In accordance with paragraph (a)(2) of this clause, the
Contractor shall submit to the General Services Administration (GSA) for
audit, legible copies of all paid freight bills/invoices, commercial
bills of lading (CBL\'s), passenger coupons, and other supporting
documents for transportation services on which the United States will
assume freight charges that were paid:

\(i\) By the Contractor under a cost-reimbursement contract; and

\(ii\) By a first-tier subcontractor under a cost-reimbursement
subcontract there under.

\(2\) Cost-reimbursement Contractors shall only submit for audit those
CBL\'s with freight shipment charges exceeding \$50.00. Bills under
\$50.00 shall be retained on-site by the Contractor and made available
for GSA on-site audits. This exception only applies to freight shipment
bills and is not intended to apply to bills and invoices for any other
transportation services.

\(b\) The Contractor shall forward copies of paid freight
bills/invoices, CBL\'s, passenger coupons, and supporting documents as
soon as possible following the end of the month, in one package to the:

General Services Administration\
Attn: FWA\
1800 F Street, NW\
Washington, DC 20405.

The Contractor shall include the paid freight bills/invoices, CBL\'s,
passenger coupons, and supporting documents for first-tier
subcontractors under a cost-reimbursement contract. If the inclusion of
the paid freight bills/invoices, CBL\'s, passenger coupons, and
supporting documents for any subcontractor in the shipment is not
practicable, the documents may be forwarded to GSA in a separate
package.

\(c\) Any original transportation bills or other documents requested by
GSA shall be forwarded promptly by the Contractor to GSA. The Contractor
shall ensure that the name of the contracting agency is stamped or
written on the face of the bill before sending it to GSA.

\(d\) A statement prepared in duplicate by the Contractor shall
accompany each shipment of transportation documents. GSA will
acknowledge receipt of the shipment by signing and returning the copy of
the statement. The statement shall show:

\(1\) The name and address of the Contractor;

\(2\) The contract number including any alphanumeric prefix identifying
the contracting office;

\(3\) The name and address of the contracting office;

\(4\) The total number of bills submitted with the statement; and

\(5\) A listing of the respective amounts paid or, in lieu of such
listing, an adding machine tape of the amounts paid showing the
Contractor\'s voucher or check numbers.

(End of Clause)

**I.9 52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (APRIL 1984)**

\
(a) The use in this solicitation or contract of any Federal Acquisition
Regulation (48 CFR Chapter 1) clause with an authorized deviation is
indicated by the addition of \"(DEVIATION)\" after the date of the
clause.

\(b\) The use in this solicitation or contract of any Federal
Acquisition Regulation (48 CFR) clause with an authorized deviation is
indicated by the addition of \"(DEVIATION)\" after the name of the
regulation.

(End of Clause)

**I.10 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>);
>
> \(2\) The Office of Management and Budget (OMB) [Circular A-130,
> Appendix III]{.underline}, *Security of Federal Automated Information
> Resources*,
> (<http://www.whitehouse.gov/omb/circulars/a130/a130appendix_iii.html>)
> which states that there is a "presumption that all \[general support
> systems\] contain some sensitive information."; and

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

(4) 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. 107-296, 116 Stat. 2135, 2259-2273
    (2002). 38 WEEKLY COMP. PRES. DOC. 51, 2174 (Dec. 23, 2002)
    (providing statement by President George W. Bush regarding Federal
    Information Security Management Act of 2002). The plan shall meet IT
    security requirements in accordance with Federal and DOC policies
    and procedures that include, but are not limited to:

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(a) OMB Circular A-130, *Management of Federal Information Resources*,
    Appendix III, *Security of Federal Automated Information Resources*

    (
    <http://www.whitehouse.gov/omb/circulars/a130/a130appendix_iii.html>);

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

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(2) Within 14 days after contract award, the contractor shall submit for
    DOC approval a System Certification and Accreditation package,
    including the IT Security Plan and a system certification test plan,
    as outlined in *DOC IT Security Program Policy*, Sections 3.4 and
    3.5 (<http://home.osec.doc.gov/DOC-IT-Security-Program-Policy.htm>).
    The Certification and Accreditation Package must be consistent with
    and provide further detail for the security approach contained in
    the offeror\'s proposal or sealed bid that resulted in the award of
    this contract and in compliance with the requirements stated in this
    clause.

The Certification and Accreditation Package, as approved by the
Contracting Officer, in consultation with the DOC IT Security

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

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

(End of Clause)

**I.11 CAR 1352.239-74 SECURITY PROCESSING REQUIREMENTS FOR
CONTRACTORS/SUBCONTRACTORS 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 Technical Representative (COTR) 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 pre-employment check prior to their employment; however, the
Minimum Background Investigation (MBI) must be initiated within three
working days of the subject's start of work on the contract, regardless
of the expected duration of the contract.

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

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

5\) Contract personnel performing work on contracts requiring access to
classified information must undergo investigative processing according
to the Department of Defense National Industrial Security Program
Operating Manual (NISPOM),

(<http://www.dss.mil/isec/nispom.htm>) and be granted eligibility for
access to classified information prior to beginning work on the
contract.

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

(b) Within 5 days after contract award, the Contractor shall certify in
    writing to the COTR that its employees, in performance of the
    contract, have completed annual IT security awareness training in
    DOC IT Security policies, procedures, computer ethics, and best
    practices, in accordance with *DOC IT Security Program Policy,*
    section 3.13
    (<http://home.osec.doc.gov/DOC-IT-Security-Program-Policy.htm>). The
    COTR will inform the Contractor of any other available DOC training
    resources.

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

(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)

**\[End Section I\]**