Solicitation_-_1331L5-19-R-1335-0001_.usLTD.pdf

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1331L5-19-R-1335-0001

Anthony S. Kram akram@doc.gov 202-482-5676

See Section L

Anthony S. Kram

10/19/2018

11/21/2018 1:00 pm

Department of Commerce Enterprise Services - Acquisition 1401 Constitution Ave, NW Washington, DC 20230

STANDARD FORM 1449 (REV. 2/2012) BACK

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COMPLETE PARTIAL FINAL

Contents

B. SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT TYPE

B.2 COST/PRICE

B.3 SCHEDULE

C. SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

C.1 BACKGROUND

C.2 SCOPE OF SERVICES

C.3 DESCRIPTION OF SERVICES

C.4 CORE REGISTRY FUNCTIONS

C.5 CORE POLICY REQUIREMENTS

C.6 LOCALITY‐BASED USTLD STRUCTURE FUNCTIONS

C.7 SECOND‐LEVEL USTLD SPACE FUNCTIONS

C.8 ENHANCED USTLD FUNCTIONS

C.9 KIDS.US SECOND LEVEL DOMAIN FUNCTIONS

C.10 LICENSE TO USE USTLD AND KIDS.US PROMOTIONAL MARKS

C.11 CONFLICT OF INTEREST REQUIREMENTS

C.12 SECURITY REQUIREMENTS

C.13 REPORTING REQUIREMENTS

E. SECTION E INSPECTION AND ACCEPTANCE

E.1 CLAUSES INCORPORATED BY REFERENCE

52.246‐4 INSPECTION OF SERVICES‐‐FIXED‐PRICE (AUG 1996)

E.2 CLAUSES INCORPORATED IN FULL TEXT

1352.246‐70 PLACE OF ACCEPTANCE (APR 2010)

F. SECTION F ‐ DELIVERIES AND PERFORMANCE

F.1 CLAUSES INCORPORATED BY REFERENCE

52.242‐15 STOP‐WORK ORDER (AUG 1989)

F.2 CLAUSES INCORPORATED IN FULL TEXT

1352.270‐70 PERIOD OF PERFORMANCE (APR 2010)

F.3 PLACE OF PERFORMANCE

F.4 DISTRIBUTION OF DELIVERABLES

F.5 DELIVERABLES

F.6 GOVERNMENT RIGHTS TO DELIVERABLES

F.7 GOVERNMENT REVIEW OF DELIVERABLES

F.8 REQUIRED DELIVERABLES

F.9 MEETINGS

G. SECTION G ‐ CONTRACT ADMINISTRATION DATA

G.1 CLAUSES INCORPORATED IN FULL TEXT

1352.201‐70 CONTRACTING OFFICER'S AUTHORITY (APR 2010)

1352.201‐72 CONTRACTING OFFICER’S REPRESENTATIVE (COR) (APR 2010)

G.2 PAYMENT – (FIRM FIXED PRICE)

H. SECTION H ‐ SPECIAL CONTRACT REQUIREMENTS

H.1 CLAUSES INCORPORATED BY REFERENCE

1352.237‐71 SECURITY PROCESSING REQUIREMENTS ‐ LOW RISK CONTRACTS (APR 2010)

1352.239‐72 SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES (APR 2010)

H.2 CLAUSES INCORPORATED IN FULL TEXT

52.204‐9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011)

1352.208‐70 RESTRICTIONS ON PRINTING AND DUPLICATING (APR 2010)

1352.209‐72 RESTRICTIONS AGAINST DISCLOSURE (APR 2010)

1352.209‐73 COMPLIANCE WITH LAWS (APR 2010)

1352.209‐74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

1352.231‐71 DUPLICATION OF EFFORT (APR 2010)

1352.237‐75 KEY PERSONNEL (APR 2010)

H.3 HARMLESS FROM LIABILITY

H.4 CONTRACTOR IDENTIFICATION RESPONSIBILITIES

H.5 NOTICE REQUIREMENT

H.6 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE

SECTION I ‐ CONTRACT CLAUSES

I.1 CLAUSES INCORPORATED BY REFERENCE

52.212‐4 CONTRACT TERMS AND CONDITIONS‐COMMERCIAL ITEMS (JAN 2017)

52.227‐14 RIGHTS IN DATA‐‐GENERAL (MAY 2014)

52.227‐17 RIGHTS IN DATA—SPECIAL WORKS (DEC 2007)

52.237‐3 CONTINUITY OF SERVICES (JAN 1991)

I.2 CLAUSES INCORPORATED IN FULL TEXT

52.212‐5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders –

Commercial Items (AUG 2018)

52.217‐8 OPTION TO EXTEND SERVICES (NOV 1999)

52.217‐9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

52.252‐2 CLAUSES INCLUDED BY REFERENCE (FEB 1998)

J. SECTION J ‐ LIST OF ATTACHMENTS

J1. Reserved

K. SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K.1 CLAUSES INCORPORATED BY REFERENCE

52.203‐11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN

FEDERAL TRANSACTIONS (SEP 2007)

52.204‐3 TAXPAYER IDENTIFICATION (OCT 1998)

52.204‐8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2018)

52.204‐16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING (JUL 2016)

52.225‐25 PROHIBITION ON ENGAGING IN SANCTIONED ACTIVITIES RELATING TO IRAN‐

CERTIFICATION (AUG 2018)

L. SECTION L ‐ INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L.1 CLAUSES INCORPORATED BY REFERENCE

52.214‐34 SUBMISSION OF OFFERS IN THE ENGLISH LANGUAGE (APR 1991)

52.215‐1 INSTRUCTIONS TO OFFERORS – COMPETITIVE ACQUISITIONS (JAN 2017)

52.237‐1 SITE VISIT (APR 1984)

L.2 CLAUSES INCORPORATED IN FULL TEXT

52.233‐2 SERVICE OF PROTEST (SEP 2006)

52.252‐5 AUTHORIZED DEVIATIONS IN CLAUSES (APR 1984)

1352.215‐72 INQUIRIES/QUESTIONS (APR 2010)

1352.233‐70 AGENCY PROTESTS (APR 2010)

1352.233‐71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

1352.242‐70 PRE AND POSTAWARD CONFERENCE (APR 2010)

L.3 INCUMBENT CONTRACTOR

L.4 INCURRING COSTS

L.5 NEWS RELEASES

L.6 PROPOSAL PREPARATION

1352.215‐70 PROPOSAL PREPARATION (FEB 2016)

A. GENERAL INSTRUCTIONS

B. SPECIFIC INSTRUCTIONS

C. PROPOSAL COPIES

L.7 SUBMISSION REQUIREMENTS

M. SECTION M ‐ EVALUATION FACTORS FOR AWARD

M.1 CLAUSES INCORPORATED IN FULL TEXT

52.212‐2 EVALUATION‐COMMERCIAL ITEMS (OCT 2014)

52.217‐4 EVALUATION OF OPTIONS EXERCISED AT TIME OF CONTRACT AWARD (JUN 1988)

1352.215‐74 BEST VALUE EVALUATION (FEB 2016)

M.2 EVALUATION METHOD

1352.215‐75 EVALUATION CRITERIA (FEB 2016)

(a) TECHNICAL CAPABILITY FACTOR

(b) PAST PERFORMANCE FACTOR

(c) PRICE FACTOR

B. SECTION B ‐ SUPPLIES OR SERVICES AND PRICES/COSTS

B.1 CONTRACT TYPE

This is a fixed price, no cost contract. The Contractor will not receive any funding from the Government during the performance of this contract. Contractor consideration will be received through fees provided by applicants for .US domain registrations and other complimentary services.

B.2 COST/PRICE

The Contractor shall not charge the United States Government to perform the requirements of this Contract. The Contractor may establish and collect fees from third parties provided the fee levels are approved by the Contracting Officer and are fair and reasonable. If fees are charged, the Contractor shall base any proposed fee structure on the cost of providing the specific service for which the fee is charged and the resources necessary to monitor the fee driven requirements. The Contractor’s fee structure is appended to this contact.

B.3 SCHEDULE

All work required under this contract shall be performed in accordance with is contract.

C. SECTION C DESCRIPTION/SPECIFICATIONS/WORK STATEMENT

The Contractor shall furnish the necessary personnel, materials, equipment, services, and facilities (except as otherwise specified) to perform the following Statement of Work (SOW)/Specifications.

C.1 BACKGROUND

C.1.1 The DOC’s National Telecommunications and Information Administration (NTIA) is committed to preserving the stability and security of the Internet domain name system (DNS) and maintaining an Internet that is open for economic growth and innovation. One of the many ways that NTIA supports this commitment is through its role in supervising the administration of the contract for the operation of the United States country code top‐level domain (usTLD or .us domain). The usTLD serves as a home for American business, individuals, and localities for the benefit of the nation’s Internet community.

C.1.2 The usTLD has been managed under a series of contracts administered by the DOC since 2001. The current contract has been in place since 2014 and will expire February 28, 2019. The usTLD is composed of locality space and second‐level registrations. The DOC intends to procure the services of a Contractor to manage, maintain, and operate the usTLD under NTIA’s supervision, in accordance with Federal Acquisition Regulation (FAR) Part 12.

C.1.3 As of June 2018, the usTLD contained a total of 2,048,409 registered domain names, which include both second level registrations and 12,136 locality based domain names.

Registrations in the locality space reflect the political geography of the United States based on two‐letter state abbreviations and divided further into localities, including cities, counties, parishes, townships, or local names (e.g., Alexandria.va.us). In addition to geographical locality names, the usTLD also includes certain affinity names, for example, STATE, FED, K12, LIB, and NSN (Native Sovereign Nation) (e.g., Suquamish.nsn.us). Locality and affinity names collectively compose the “locality space.” Individuals, organizations, and state and local governments received delegations to provide registry and registration services in the locality space. As of June 2018, approximately 374 known “delegated managers” supported a widely‐distributed hierarchy within the usTLD. Prior to DOC’s supervision of the usTLD, locality space delegations occurred without adequate records or service and technical requirements. To continue improvements and maintain the reliability and viability of the usTLD and locality space, the Contractor is required to maintain a delegated manager database and a WHOIS database. Delegated managers are required to execute an agreement with the Contractor that imposes certain technical and service requirements upon them, as well as maintain publicly accessible accurate WHOIS and dispute resolution procedures. The current delegated manager agreement also requires locality domain managers to execute contracts with the .us name holders it serves to ensure that these requirements and policies flow through to all .us name holders.

The Contractor shall serve as delegated manager at no cost for domain name holders whose delegated manager will not execute the required agreement or whose identity is unknown.

Domain name holders who do not register any sub‐domains or service any .us domain name holders must execute a locality name registration agreement. The Contractor shall provide free registry and registration services for localities without a delegated manager. DOC seeks proposals that continue the improvements to the locality space and further improve the management and structure of the usTLD locality space.

C.1.4 In 2001, the usTLD expanded its structure to allow second‐level registrations directly beneath the usTLD (e.g., organization.us). To maximize competition for second‐level registrations, the Contractor shall not provide registrar services in the second‐level usTLD space (except as otherwise specified). As of June 2018, 158 accredited usTLD registrars served the second‐level usTLD space. The Contractor may establish fees for related services (see C.3.2.1). DOC seeks proposals that would increase utilization of the second‐level space beneath the usTLD in an effort to better mirror the naming structure and use of the global DNS and serve the needs of the usTLD community.

C.1.5 As part of the introduction of second‐level domain name registrations, certain names including city, state and local names, Federal Government names, and others were reserved to ensure their availability to these entities. As registrar for these reserved names, the current contractor developed a registration process. At the conclusion of the limited registration of these names, the current contractor released (for registration by the public) all city, state, and government names not included on the permanent reservation list. In addition, prior to the release of the kids.us names for general registration, the current contractor reserved certain Federal Government names for registration by these government entities. The Contractor also serves as registrar for such names. DOC seeks proposals to maintain and manage the permanent reservations list and reservations registration system.

DOC also seeks proposals that include processes to modify and update the management of the permanent reservations list to include, at a minimum, proposed processes for release of certain names where appropriate and proposed processes that would allow for operators of reserved names to transfer their names to accredited .us registrars other than the Contractor if they so choose.

C.1.6 The Dot Kids Implementation and Efficiency Act of 2002 (The Dot Kids Act) requires the initial and successor contractors to establish, maintain, and operate a second‐level domain in the usTLD to provide a safe space on the Internet for children aged 13 and younger. Kids.us sites must comply with certain content standards and exclude hyperlinks that direct visitors away from the kids.us domain. Notwithstanding the February 2014 determination to suspend operation of kids.us domain under the current contract, DOC seeks proposals to rejuvenate the kids.us space to increase utilization, utility, and awareness of the kids.us domain.1

1 On February 25, 2014, NTIA determined that the kids.us domain was not serving its intended purpose as per the

C.1.7 As the Internet and the DNS have evolved, so has the Internet policy making environment. Along those lines, the Contractor shall develop and maintain a constructive relationship with the usTLD stakeholder community, including but not limited to, locality space domain name holders, delegated managers, and domain name registrants, and implement processes to ensure input into, and feedback on, the quality performance of the requirements of the usTLD contract. Therefore, DOC seeks proposals that include a multistakeholder process to facilitate consultation with stakeholders to propose, comment, and provide input into management of the usTLD. Any proposed mechanism for ongoing community consultation on matters related to management of the usTLD, including policy development, should reflect the tenets of the multistakeholder approach. The goals of the multistakeholder approach or process should, at a minimum, include ensuring that the needs of current usTLD domain name holders are considered, ensure stakeholders feel policies will enhance the user experience and utility of the usTLD space, and provide a platform for ongoing discussion of evolving and emerging DNS issues. The Contractor shall encourage the participation of delegated managers, locality registrants, second‐level registrants, and all other interested usTLD stakeholders in any such process.

C.2 SCOPE OF SERVICES

C.2.1 The Contractor shall provide centralized management and coordination of registry, registrar (where specified), database, and information services for the usTLD. The usTLD provides a domain for American business, individuals, and localities and the locus for registering domain names for benefit and service of the Internet community in the United States. As such, the DOC intends the usTLD be available to a wide range of registrants.

Accordingly, the Contractor must achieve the following:

C.2.1.1 Ensure community consultation on the management of the usTLD space by developing and implementing a process using the multistakeholder approach to facilitate consultation with stakeholders to propose, comment, and provide input into the management of the usTLD, including policy development (see C.1.7).

C.2.1.2 Ensure that procedures and an accountability framework for delegation and administration of the usTLD support a more robust, certain, and reliable DNS.

C.2.1.3 Promote increased use of the usTLD, including kids.us, by the Internet community of the United States (including small businesses, consumers, not‐for‐profit organizations, and state and local governments), with a residence or bona fide presence in the United States by

Dot Kids Act (Dot Kids Implementation and Efficiency Act 2002, Pub. L. No. 107‐317) and suspended operation of the kids.us domain until such time as NTIA determines that the domain can be operated as intended. Per statutory requirement this solicitation contains a requirement to operate the kids.us space.

introducing enhanced technical and other services, disseminating information about the usTLD, and improving registration and customer services.

C.2.1.4 Create a centrally administered and efficiently managed structure that ensures registrant and consumer confidence, and infrastructure stability by coordinating delegations and implementing other appropriate functions.

C.2.1.5 Create a stable, secure, and flexible usTLD environment that is attractive to both business and individual users; advances and encourages innovation, growth, and use of the space; and that will meet the future demands of potential registrants.

C.2.1.6 Ensure continued stability of the usTLD, particularly during transition from the current management structure to the Contractor’s proposed structure and to any successor Contractor’s structure.

C.2.1.7 Manage the usTLD consistent with established technical and administrative requirements.

C.2.1.8 Adequately protect intellectual property in the usTLD as developments in the second‐ level and the locality usTLD space may necessitate. In the event of further expansion of the usTLD space, the Contractor shall implement a "sunrise period" for qualified trademark owners to pre‐register their trademarks as domain names prior to the wider registration for non‐ trademark owners and a dispute resolution procedure to address "cybersquatting" conflicts between trademarks and domain names in the usTLD.

C.2.1.9 Establish and maintain consistent communication between the Contracting Officer’s Representative (COR) and the usTLD community (as referenced in C.1.7).

C.2.1.10 Abide by existing policy frameworks and best practices for the administration of ccTLDs (see C.5.1 (iv)) as well as participate in the Country Code Name Supporting Organization (ccNSO) and other related ccTLD policy organizations.

C.2.1.11 Consistent with this solicitation, promote robust competition within the usTLD, including registration services, to ensure greater choice and improved services for usTLD users.

C.3 DESCRIPTION OF SERVICES

C.3.1 The Contractor shall manage, maintain, and operate the usTLD under NTIA’s supervision. The Contractor shall perform the required services for this acquisition as the prime Contractor, not as an agent or subcontractor. The Contractor may, however, provide the required services by coordinating the resources and services of entities other than the prime Contractor. The Contractor shall be: (a) incorporated in one of the fifty states of the

United States or the District of Columbia; or (b) organized under a law of a state of the United States or the District of Columbia.

C.3.1.1 The Contractor shall possess and maintain through the performance of this procurement a physical address within the United States and must be able to demonstrate that all primary registry services will remain within the United States (including the District of Columbia).

C.3.2 The Contractor shall furnish the necessary personnel, material, equipment, services, and facilities to perform the requirements outlined in this Statement of Work without any cost to the U.S. Government.

C.3.2.1 On or after the effective date of this contract, the Contractor may establish and collect fees from third parties, other than the U.S. Government, for the requirements performed under this Contract. A possibility exists that the expenses incurred to perform the Contract may exceed the fees received during the base period or any option period of the Contract. The Contracting Officer shall approve such fees before they take effect, which approval shall not be unreasonably withheld and provided the fees are fair and reasonable.

C.3.2.2 In addition, the Contractor shall not implement any policies, procedures, rules, mechanisms, or execute any agreements or subcontracts in fulfillment of the Contract’s requirements without the prior approval of the Contracting Officer, which approval shall not be unreasonably withheld.

C.4 CORE REGISTRY FUNCTIONS

C.4.1 The Contractor shall provide, at a minimum, the services listed below, although such services are not exhaustive of the requirements sought. The Contractor shall provide all systems, software, hardware, facilities, infrastructure, and operation for the following functions listed in C.4.2(i) – (xv), inclusive.

C.4.2 The Contractor shall:

(i) Operate and maintain the primary authoritative server for the usTLD;

(ii) Operate and administer a constellation of secondary servers for the usTLD;

(iii) Compile, generate, and propagate the usTLD zone file(s);

(iv) Maintain a publicly‐accessible, accurate, and up‐to‐date registration (WHOIS) database for all usTLD registrations;

(v) Maintain a publicly‐accessible, accurate, and up‐to‐date registration (WHOIS) database of usTLD delegated managers and their associated delegated locality registrations;

(vi) Establish a data escrow for usTLD zone file and domain name registration information, including all registration and delegated manager data;

(vii) Comply with applicable Internet Engineering Task Force (IETF) RFCs, including RFC

1480, and Internet Corporation for Assigned Names and Numbers (ICANN) policies for the functions outlined herein;

(viii) Promote awareness and increase registrations in the usTLD, including the second‐level kids.us registration, and maintain a website with up‐to‐date policy and registration information for the usTLD;

(ix) Develop and distribute to registrars provisioning protocol software and procedures to facilitate a secure and efficient interface with the usTLD registry and provide technical support to such registrars;

(x) Perform annual technical compliance monitoring of locality delegees, and continually access zone file information for sub‐delegees to compare the results with the centralized usTLD database to ensure the database is accurate and up‐to‐date;

(xi) Ensure customer support and satisfaction by implementing procedures, guides, training, and other methods, as well as maintaining an automated reporting of registrar and registrant interaction with the usTLD registry;

(xii) Ensure the security, reliability, and stability of the usTLD;

(xiii) Implement and support Domain Name System Security Extension (DNSSEC) for the usTLD;

(xiv) Serve as registrar for all reserved name registrations, including those in the kids.us second‐level domain, and for all locality domains names not serviced by a delegated manager subject to an agreement with the Contractor. The Contractor will post a list of all reserved domains on a publicly‐accessible website; and

(xv) Develop and implement a process using the multistakeholder approach to facilitate consultation with stakeholders to propose, comment, and provide input into the management of the usTLD, including policy development (see C.1.7).

C.5 CORE POLICY REQUIREMENTS

C.5.1 The Contractor shall:

(i) Implement United States Nexus Requirement. The Contractor shall operate the usTLD as a country code top level domain intended to serve the Internet community of the United States, including businesses, consumers, individuals, not‐for‐profit organizations, and state and local governments with a residence or bona fide presence in the United States. In addition to the current policy set forth in RFC 1480 requiring that usTLD domain name registrations be hosted on computers located within the United States, the Contractor must implement a United States nexus policy for the locality‐based usTLD structure and the second‐level usTLD space.

(ii) Implement Registrar and Registrant Agreements. The Contractor shall establish contractual arrangements with all accredited usTLD registrars incorporating the requirements relating to usTLD policies such as nexus, WHOIS, and dispute resolution, and ensuring prompt, reliable, and effective technical and customer service. Such registrar agreements shall include a provision that will require registrars to offer DNSSEC services for new and renewed usTLD registrations. The Contractor shall require that each accredited usTLD registrar implement a registrant agreement that requires each registrant to agree to all applicable usTLD policies.

(iii) Implement a Uniform Domain Name Dispute Resolution Procedure and Sunrise Policy.

The Contractor shall implement a uniform domain name dispute resolution procedure intended to resolve "cybersquatting" disputes in the usTLD. The Contractor may base such policy on other existing Uniform Domain Name Dispute Resolution Procedures and modify it as necessary to make such policy applicable to the usTLD specifically.

The Contractor shall also implement a "sunrise period" for qualified trademark owners to pre‐register their trademarks as domain names in the second‐level usTLD space prior to the wider registration for non‐trademark owners in the event future developments necessitate such action.

(iv) Abide by Existing Policy Frameworks and Best Practices for the Administration of ccTLDs. The Contractor shall abide by existing policy frameworks in the principles and procedures for the delegation and administration of ccTLDs, such as RFC 1591 Domain Name System Structure and Delegation, the Governmental Advisory Committee (GAC) Principles and Guidelines for the Delegation and Administration of Country‐Code Top Level Domains, any ccTLD related policies, and any further official clarification of these policies unless inconsistent with U.S. law or regulation or otherwise directed by the

DOC.

(v) Multistakeholder Consultation Process. The Contractor shall develop and implement a process using the multistakeholder approach to facilitate consultation with stakeholders to propose, comment, and provide input into the management of the usTLD, including policy development (see C.1.7).

(vi) Implement and enforce policies concerning:

(a) Data Rights and Use. The Contractor shall prohibit the use of registrant and other data obtained from registrars and delegated managers for purposes other than providing usTLD administration services;

(b) Publicly Accessible, Accurate, and Up‐to‐Date WHOIS Database. The Contractor shall implement a policy that addresses continued public access to accurate WHOIS information, including a prohibition of proxy and anonymous services offered by registrars, registrar affiliates and partners, and delegated managers. The Contractor shall regularly monitor the current practices of registrars and delegated managers to ensure compliance with this requirement;

(c) Reserved Domain Names. The Contractor shall implement a policy to manage a list of permanently reserved names not available for registration, and if appropriate, the release of certain names that are currently reserved (see C.1.5 above);

(1) The Contractor shall post a list of all reserved names on a publicly accessible website.

(d) Domain Name Transfers. The Contractor shall implement a mechanism that facilitates the transfer of a domain name registration from one usTLD registrar to another usTLD registrar at the request of the domain name registrant.

(e) Redemption Grace Period. The Contractor shall implement a policy that allows registrants to restore domain name registrations within a reasonable time period after their expiration.

(f) Domain Name Review. The Contractor shall implement a policy that allows the Contractor the right to reasonably refuse registration of any domain name in the usTLD.

(g) Registration Abuse. The Contractor shall implement a policy that prevents and combats abuses of the usTLD registration system including practices that harm, mislead, or confuse consumers and that misuse intellectual property in the usTLD. This policy may include methods to curb the misuse of automated registration technologies and the add/drop grace period; and

(h) Other Policies. The Contractor may propose such other policies, amendments to current polices in this section (C.5.1), or additional procedures or mechanisms as are necessary to fulfill the Contract’s requirements and increase the use of, or otherwise facilitate continued improvement of the usTLD.

(vii) Adhere to a Code of Conduct. The Contractor shall adopt a code of conduct requiring it to administer the usTLD impartially and without discriminating among or between eligible registrants, operate the usTLD in the public interest, and protect proprietary information of usTLD registrars.

C.6 LOCALITY‐BASED USTLD STRUCTURE FUNCTIONS

C.6.1 The Contractor shall, at a minimum, incorporate the following into its policies and procedures for the locality‐based usTLD structure:

(i) Provide Service for Existing Delegees and Registrants.

(a) The Contractor shall provide service and support for existing delegees and registrants in the locality‐based usTLD structure.

(b) The Contractor shall develop and implement a procedure and a mechanism to ensure all delegated managers abide by usTLD policies and maintain certain minimum technical and service requirements for the locality registrants each serves. This shall include, at a minimum, the following:

(1) The Contractor shall develop appropriate minimum technical and service requirements for delegated managers;

(2) The Contractor shall develop a mechanism that facilitates each delegated manager’s compliance with usTLD policies and requirements;

(3) With the consent of DOC, the Contractor shall rescind the delegation for delegated managers unwilling to agree to or abide by the usTLD policies and maintain minimum technical and service requirements;

(4) The Contractor shall serve as the delegated manager for a locality space when the Contractor has rescinded the delegation for any delegated manager as described in (3) above or the delegated manager for that locality space voluntarily relinquishes its delegation or seeks to change its status to become a locality registrant;

(5) The Contractor shall seek to identify all delegated managers and locality registrants that are currently unknown; and

(6) The Contractor may propose amendments to current policies, additional procedures and mechanisms to facilitate continued improvement, use and utility of the locality space.

(ii) Provide Services for Undelegated Third Level Sub‐Domains. The Contractor shall provide direct registry and registrar services for all other undelegated third‐level locality sub‐domains, including services for those names registered below CO (county) and CI (city) (e.g. Montgomery.co.us), and, undelegated affinity domains, such as those names registered below STATE, FED, K12, LIB, and NSN (e.g., agency.fed.us).

(iii) Maintain Modernized Locality‐Based usTLD Processes. The Contractor shall maintain and update, as necessary, the existing automated locality‐based usTLD delegation and registration process under the control of the usTLD administrator, including the electronic database of historical usTLD registration data.

(iv) Coordinate Locality‐Based usTLD Users. The Contractor shall maintain a website for delegated managers, locality registrants, and other interested parties to provide information about the usTLD and to facilitate discussion of administrative, technical, customer service, and policy issues related to the operation and management of the locality‐based usTLD structure.

(v) Maintain and Update WHOIS Database of usTLD Delegated Managers.

(a) The Contractor shall maintain, update, and make publicly available a database with current and verified contact information for all delegated managers in the usTLD, including locality‐level and affinity second‐level (where delegated) administrators and, where applicable, for all sub‐delegations made by such locality‐level or second level administrators.

(b) The WHOIS database shall support multiple string and field searching through a reliable, free, public, web‐based interface.

(c) The WHOIS database shall, at a minimum, consist of the following elements:

(1) The name of the delegated manager;

(2) The Internet Protocol (IP) address of the primary nameserver and secondary nameserver(s) for the delegation;

(3) The corresponding names of such nameservers;

(4) The date of delegation;

(5) The name, postal address, e‐mail address, and telephone and fax numbers of the delegated manager;

(6) The name, postal address, e‐mail address, and telephone and fax numbers of the technical contact for the delegated manager;

(7) The name, postal address, e‐mail address, and telephone and fax numbers of the administrative contact for the delegated manager;

(8) The website or other contact information through which the delegated manager accepts registrations under that delegation; and

(9) The nexus category for the delegated manager and each of the other contacts listed above in C.6.1(v)(c)(5)‐(7).

(vi) Maintain and Update Registrant WHOIS Database

(a) The Contractor shall maintain, update, and make publicly available a database with current and verified information for all locality‐based usTLD registrants, including the registrants of delegated managers and, where applicable, registrants in delegated managers' sub‐delegations.

(b) The WHOIS database shall allow multiple string and field searching through a reliable, free, public, web‐based interface.

(c ) The WHOIS database shall, at a minimum, consist of the following elements:

(1) The name of the registered domain;

(2) The IP address of the primary nameserver and secondary nameserver(s)for the registered domain name;

(3) The corresponding names of such nameservers;

(4) The name of the delegated manager for the registered domain (if any);

(5) The creation date of the registration;

(6) The name, postal address, e‐mail address, and telephone and fax numbers of the domain name holder;

(7) The name, postal address, e‐mail address, and telephone and fax numbers of the technical contact for the domain name holder;

(8) The name, postal address, e‐mail address, and telephone and fax numbers of the administrative contact for the domain name holder; and

(9) The nexus category for the domain name holder and each of the other contacts listed above at C.6.1(vi)(c)(6)‐(8).

(vii) The Contractor shall establish a set of mechanisms to ensure the accuracy of WHOIS data obtained from the delegated managers and locality registrants. Such mechanisms shall include, at a minimum, periodic Contractor reviews, enforcement procedures, and an annual WHOIS report to the COR. These reports shall be provided to the Contracting Officer as deliverables under this Contract.

C.7 SECOND‐LEVEL USTLD SPACE FUNCTIONS

C.7.1 The Contractor shall, at a minimum, incorporate the following into its policies and procedures for the second‐level usTLD structure:

(i) Maintain a Shared Registration System. The Contractor shall maintain a shared registration system by which an unlimited number of accredited competing registrars may register, transfer, and update domain names for their customers in the second‐ level usTLD space (i.e., example.us), as well as obtain technical support.

(ii) Accredit usTLD Registrars. The Contractor shall implement a process for accrediting registrars to register names in the second‐level usTLD. Such process shall include a contract with each accredited registrar prohibiting proxy and anonymous registration services.

(iii) Technical Certification of usTLD Registrars. The Contractor shall implement a technical certification process for registrars in the second‐level usTLD space.

(iv) Other Policies. The Contractor may propose such other policies, or amendments to current polices in this section, or additional procedures and mechanisms as are necessary to fulfill the Contract’s requirements and increase use of or otherwise facilitate continued improvement of the usTLD.

(v) Maintain and Update the WHOIS Database.

(a) The Contractor shall maintain, update, and make publicly available the WHOIS database with current and verified contact information for all expanded usTLD registrations, including kids.us second‐level domains. The Contractor shall operate the WHOIS database at the registry level (not at the level of individual accredited registrars).

(b) The WHOIS database shall allow multiple string and field searching through a reliable, free, public, web‐based interface.

(c) The WHOIS database, at a minimum, shall consist of the following elements:

(1) The name of the second level domain registered;

(2) The IP address of the primary nameserver and secondary nameserver(s) for the registered domain name;

(3) The corresponding names of such nameservers;

(4) The creation date of the registration;

(5) The name, postal address, e‐mail addresses, and telephone and fax numbers of the domain name holder;

(6) The name, postal address, e‐mail address, and telephone and fax numbers of the technical contact for the domain name holder;

(7) The name, postal address, e‐mail address, and telephone and fax numbers of the administrative contact for the domain name holder; and

(8) The nexus category for the domain name holder and each of the other contacts listed above at C.7.1(iv)(c)(5)‐(7).

(vi) The Contractor shall establish a set of mechanisms to ensure the accuracy of WHOIS data obtained from registrants. Such mechanisms shall include, at a minimum, periodic Contractor reviews, enforcement procedures, and an annual WHOIS report to the COR. These shall be provided to the Contracting Officer as Contract deliverables.

(vii) The Contractor shall not serve as a registrar in the second‐level usTLD space, unless otherwise noted in this Statement of Work.

C.8 ENHANCED USTLD FUNCTIONS

C.8.1 The Contractor shall maintain existing applications and develop and implement additional applications, public resource second‐level usTLD domains, .us directory services, a usTLD search engine, and other functional enhancements to increase the visibility, utility, and value of the usTLD to its users.

C.8.2 Multistakeholder Consultation Process. The Contractor shall develop and implement a process using the multistakeholder approach to facilitate consultation with stakeholders to propose, comment, and provide input into management of the usTLD, including policy development (see C.1.7). Any proposed mechanism for ongoing community consultation process should reflect the tenets of the multistakeholder approach. The Contractor shall encourage the participation of delegated managers, locality registrants, second‐level registrants, and other interested usTLD stakeholders (as identified in C.1.7) in any such process (see C.1.7).

C.9 KIDS.US SECOND LEVEL DOMAIN FUNCTIONS

C.9.1. The Contractor shall maintain and operate the second‐level kids.us domain as a safe place on the Internet for children aged 13 or younger as required by the Dot Kids Act.

C.9.2. The Contractor shall establish written content standards for the kids.us domain that ensure access is limited to material that is suitable for minors and not harmful to minors as the Dot Kids Act, as may be amended , defines such terms.

C.9.3. The Contractor shall establish rules and procedures for enforcement and oversight to minimize the possibility the kids.us domain provides access to content that violates the Contractor’s standards and requirements as required by the Dot Kids Act.

C.9.4. The Contractor shall establish a process for removing from the kids.us domain any content that violates the Contractor’s standards and requirements, as required by the Dot Kids Act.

C.9.5. The Contractor shall establish a process to provide registrants in the kids.us domain with an opportunity for prompt, expeditious, and impartial dispute resolution regarding any registrant material excluded from the kids.us domain.

C.9.6. The Contractor shall ensure the accuracy of the contact information submitted by registrants and retained by registrars in the kids.us domain by maintaining and updating the WHOIS database for such domain as described above (see section C.7).

C.9.7. The Contractor shall establish contracts with all kids.us registrars that provide for:

(i) ensuring use of the kids.us domain will comply with the Contractor’s standards and requirements for the domain;

(ii) requiring a written agreement with each kids.us registrant ensuring use of the kids.us domain will:

(a) comply with the Contractor’s standards and requirements for the domain;

(b) prohibit two‐way and multi‐user interactive services in the kids.us domain unless the registrant certifies to the registrar that such services will comply with the kids.us content standards developed by the Contractor and are designed to reduce the risk of exploitation of minors using such two‐way and multi‐user interactive services; and

(c) prohibit hyperlinks in the kids.us domain that take such users outside the kids.us domain.

(iii) incorporate usTLD policies including those relating to nexus, WHOIS, dispute resolution, and domain name review.

C.9.8. The Contractor shall submit an annual report to Congress on the Contractor’s monitoring and enforcement procedures for the kids.us domain as required by the Dot Kids Act.

C.9.9. The Contractor shall maintain the current kids.us Reserved List and provide registrar services as needed for such names. This list shall include those names that were registered prior to the current suspension of registrations. The Contractor shall provide the opportunity to those entities that had existing registrations prior to the suspension to re‐register those names prior to re‐establishing this space.

C.9.10. The Contractor shall serve as Content Manager and is therefore responsible for reviewing content at the initial registration stage and perform ongoing content monitoring while the kids.us site is active.

C.9.11. The Contractor shall work with the U.S. Internet community, children’s advocacy groups, and other interested parties to increase utilization of the kids.us domain by, among other things, promoting awareness of such domain.

C.10 LICENSE TO USE USTLD AND KIDS.US PROMOTIONAL MARKS.

The Contractor shall grant to DOC a worldwide, non‐exclusive, non‐transferable, right to use any of the usTLD and kids.us logos, slogans, or other promotional marks developed by the Contractor in performance of this contract.

C.11 CONFLICT OF INTEREST REQUIREMENTS

C.11.1 The Contractor shall take measures to avoid any activity or situation that could compromise, or give the appearance of compromising, the impartial and objective performance of the Contract (e.g., a person has a conflict of interest if the person directly or indirectly appears to benefit from the performance of the Contract). The Contractor shall maintain a written, enforced conflict of interest policy that defines what constitutes a potential or actual conflict of interest for the Contractor. At a minimum, this policy must address conflicts based on personal relationships or bias, financial conflicts of interest, possible direct or indirect financial gain from Contractor's policy decisions, and employment and post‐employment activities. The conflict of interest policy must include appropriate sanctions in case of non‐ compliance, including suspension, dismissal and other penalties.

(See also the clause at H.8 Organizational Conflict of Interest).

C.12 SECURITY REQUIREMENTS

C.12.1 Secure Systems. The Contractor shall install and operate computing and communications systems in accordance with best business and security practices. The Contractor shall implement authenticated communications between it and its customers when performing all requirement of this Contract and shall document such practices and the configuration of all systems.

C.12.2 Secure Systems Notification. The Contractor shall implement and thereafter operate and maintain a secure notification system that is, at a minimum, capable of notifying all relevant stakeholders of such events as outages, planned maintenance, and new developments. In all cases, the Contractor shall notify the COR of any outages.

C.12.3 Secure Data. The Contractor shall ensure the authentication, integrity, and reliability of the data in performing all requirements of this contract.

C.12.4 Computer Security Plan. The Contractor shall develop and implement a computer security plan. The Contractor shall also update such plan annually and deliver such plan to the COR.

C.12.5 Director of Security. The Contractor shall designate a Director of Security, who shall be responsible for ensuring technical and physical security measures, such as personnel access controls. The Contractor shall provide the name of the designee prior to contract award and this person shall be designated as Key Personnel in the proposal. The Contractor shall notify and consult with the COR before changing personnel in this position in accordance with the Key Personnel Clause of this contract.

C.13 REPORTING REQUIREMENTS

C.13.1 Periodic Progress Reports. The Contractor shall propose a plan to, where appropriate, make reports publicly available unless prohibited due to proprietary business, security, technical, or privacy concerns or as otherwise prohibited by this Contract or by DOC.

C.13.2 Monthly Performance Progress Report. For the full period of the contract, the Contractor shall prepare and submit monthly written progress reports to the COR (no later than 15 calendar days following the end of each month) that contain both statistical and narrative information detailing the Contractor's progress towards meeting the Contract requirements.

C.13.2.1 Progress reports shall include the status of all major events, as well as major work performed during the reporting period, including technical status, problems encountered, service outages or disruptions (if any), accomplishments and complications experienced in fulfilling the contract requirements, and projected significant changes, if any, related to the Contract requirements.

C.13.2.2 Reports must be submitted in such detail and form as the COR requires. Reports shall also provide performance data related to operation of the usTLD including, but not limited to, the following: the total number of registry transactions; the total number of registered domain names, the number of new, transferred or deleted registrations in the usTLD (including cumulative registrations over time); the number of delegated managers and changes in delegated managers in the locality‐based usTLD space; the number of registrars accredited to register names in the second‐level usTLD space, including the operational status of those registrars; the number of kids.us registrations, active sites, and any violations of Contractor’s kids.us content standards; and any updates or modifications to the shared registration system made by the Contractor.

C.13.3 Revenue Financial Report. Within 30 days of the conclusion of the Contract’s base period and each option period, the Contractor shall submit an uncertified financial report of the revenues received and expenses incurred in performing the Contract.

C.13.4 Final Report. The Contractor shall prepare and submit, within 60 days after the conclusion of the Contract, a final report on the usTLD that documents standard operating procedures, including a description of the techniques, methods, software, hardware, and tools employed in performing the requirements of this contract.

C.13.5 Security Audit Data and Reports. The Contractor shall generate and retain security process audit data and provide an annual audit report to the Contracting Officer and COR.

The Contractor shall also provide to the Contracting Officer and COR specific audit data upon request.

C.13.6 Annual WHOIS Accuracy Report. The Contractor shall prepare and submit an annual WHOIS accuracy report. This report should include a statistical summary of the Contractor reviews and actions taken to correct inaccuracies reported and discovered.

C.13.7 Conflict of Interest Report. The Contractor shall develop and publish, subject to applicable laws and regulations, an annual Conflict of Interest Enforcement and Compliance Report.