RFPCC-08-HQ-R-0021.rtf

CC-08-HQ-R-0021

CONTRACT CLAUSES

A.1 52.212-4 CONTRACT TERMS AND CONDITIONS--COMMERCIAL ITEMS (FEB 2007)

[End of Clause]

A.2 ADDENDUM TO FAR 52.212-4, CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS

The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.

The following clauses are incorporated by reference, pursuant to FAR 52.252-2:

52.203-3 APR 1984 GRATUITIES

*Within the context of this clause, the “System of records on individuals” includes the Record Keeping System to be utilized by the Contractor.

The following clauses are incorporated into this solicitation/contract by full text as follows:

A.3 52.216-18 ORDERING (OCT 1995)

A.4 52.216-19 ORDER LIMITATIONS (OCT 1995)

A.5 52.216-22 INDEFINITE QUANTITY (OCT 1995)

A.6 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 30 days of the contract expiration dateCS_1442.

A.7 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 5 days of contract expirationCS_1661; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 15CS_1172 days before the contract expires. The preliminary notice does not commit the Government to an extension.

[End of Clause]

A.8 1052.201-70 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE (COTR) DESIGNATION AND AUTHORITY (MAR 2002)

The contracting officer's technical representative is:

A.9 1052.212-70(OCC) SUPPLEMENTAL INVOICING REQUIREMENTS -- COMMERCIAL ITEM (JAN 2003)

In addition to the invoicing requirements specified in clause 52.212-4, Contract Terms and Conditions--Commercial Items, of this contract, the following special invoicing requirements also apply to the submission of invoices.

(a) (i) The contractor shall submit invoices in a format that replicates the line item (CLIN) and subline item (subCLIN) structure of the contract or, in the case of an order against a contract, the CLIN and subCLIN structure of the order. Each invoice shall provide, by CLIN and subCLIN, the line item number, description, quantity being invoiced, unit of measure, unit price, and current invoiced amount. Each invoice shall sequence CLINs and subCLINs in the same order in which they appear in the contract or order and shall be totaled at the bottom of the invoice.

CS_392

Telephone: CS_396(202) 874-5096

(d) The OCC may deem any invoice that does not fully comply with the invoicing requirements specified in 52.212-4, Contract Terms and Conditions -- Commercial Items, and this clause, 1052.212-70 (OCC), Supplemental Invoicing Requirements -- Commercial Item, as an improper invoice and return the invoice to the contractor.

(End of clause)

A.10 1052.239-70(OCC) REQUIREMENT FOR COMPLIANCE WITH ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY STANDARDS

All electronic and information technology (EIT) procured through this contract must meet the applicable accessibility standards at 36 CFR 1194, unless an agency exception to this requirement exists. (36 CFR 1194 implements Section 508 of the Rehabilitation Act of 1973, as amended, and is viewable at http://www.section508.gov" http://www.section508.gov . The following standards have been determined to be applicable to this contract:

[__CS_2791] 1194.21 Software applications and operating systems.

[XXCS_3095] 1194.22 Web-based intranet and internet information and applications.

[XXCS_2936] 1194.23 Telecommunications products.

[XXCS_3091] 1194.24 Video and multimedia products.

[__CS_2492] 1194.25 Self contained, closed products.

[__CS_654] 1194.26 Desktop and portable computers.

[XX] 1194.31 Functional performance criteria [XX] 1194.41 Information, documentation, and support

The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

A.11 1052.242-70(OCC) EVALUATION OF CONTRACTOR PERFORMANCE (JUNE 1999)

A.12 1052.242-75(OCC) PERIOD OF PERFORMANCE (JUNE 1997)

A.13 SECURITY INVESTIGATIONS AND PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL

Definition. As used in this clause the term access means, “access to OCC facilities, information systems, security items and products, and/or sensitive but unclassified information.”

The OCC shall have the right under this contract to require Contractor personnel that need access, as defined above, to undergo a security investigation. As used herein, “contractor personnel” includes, but is not limited to, advisors or consultants to the contractor, subcontractors or their personnel, or any other persons under the auspices of the contractor. The type of security investigations conducted shall be determined by the OCC and will depend upon several factors including, but not limited to, the duration of the contract, the kind of access the personnel will have, the sensitivity of the duties the personnel will perform, and whether adequate investigations have previously been done. Investigations can range from credit and fingerprint checks to full background reviews.

Due to the nature of the work to be performed and the type of information involved on this contract, the OCC requires that any individual assigned to perform work on this contract shall have had a favorably adjudicated Federal background investigation conducted within the past five (5) years at the National Agency Check with Law and Credit (NACLC) level as defined by the Office of Personnel Management. The contractor shall provide the OCC’s Office of Critical Infrastructure Protection and Security (CIPS) a roster of those employees to be assigned which will include:

The CIPS office will verify investigation information for each contractor employee and the OCC reserves the right to reject any employee where investigation information cannot be verified or does not meet the OCC’s minimum standard.

In addition to the investigation requirements cited above, each contractor employee will be required to submit to a Personal Identity Verification (PIV) process as required by Homeland Security Presidential Directive 12 (HSPD-12) before being issued an OCC PIV Card (agency contractor ID badge). This process includes a verification of two forms of identification documents and submission of digital fingerprints to conduct a check of the FBI’s fingerprint database. Specific instructions for completion of the PIV process will be provided after contract award.

The contractor shall immediately notify both the contracting officer and the COTR when a contractor employee with an OCC issued security badge will no longer be working on this contract. This notification must be in writing (e-mail is acceptable) and must be provided at least one business day prior to the employee’s departure.

The Contractor shall immediately replace, with equally qualified employee(s), any employee(s) whose security investigation does not result in a favorable adjudication. The OCC shall have the unilateral right to make security adjudication decisions.

During the life of the contract, the Contractor shall immediately notify the COTR of any new contractor employees that will require access. Access for new contractor employees will be handled in accordance with the process outlined above.

The cost for any investigations required under the contract will be reimbursed to the Contractor by the Government only if the investigation results in a favorable adjudication.

A.14 1052.245-71 (OCC) CITIZENSHIP OR RESIDENCY REQUIREMENTS OF CONTRACTOR PERSONNEL (JUNE 1998)

The Contractor shall ensure that all employees having unescorted access to OCC's facilities or access to information systems, security items, or sensitive but unclassified information shall be United States citizens or have lawful permanent resident status.

A.15 1052.245-72(OCC) CONFIDENTIAL OR SENSITIVE INFORMATION (JUNE 1999)

The Contractor agrees that the work to be performed and information released to the Contractor is, because of the proprietary and confidential nature of such information, sensitive in nature and is not to be disclosed to anyone other than OCC employees assigned to the contracted project and other Contractor personnel working on the project. The Contractor agrees to protect all confidential and/or proprietary information received by or provided to the Contractor pursuant to this contract from unauthorized disclosure or use for as long as the information remains proprietary or confidential and further agrees that it will not use such information for any purpose other than that relating to the performance of this contract. For purposes of the contract, all information provided to or received by the Contractor is deemed confidential and proprietary.

The Contractor shall execute and is responsible for having all of its employees and agents working under this contract and/or having access to sensitive information under this contract execute a statement entitled "Conditional Access to Sensitive But Unclassified Information Non-Disclosure Agreement." This Statement, a copy of which is appended to this contract, provides that sensitive but unclassified information provided to the Contractor or its employees or agents shall not, except as permitted in connection with the performance of the contract, be further disclosed or used without the prior written approval of the Office of the Comptroller of the Currency. Executed copies of this statement must be completed and returned to the Office of the Comptroller of the Currency by a duly authorized official of the Contractor and by all Contractor employees or agents who will perform work on the Contract before their work begins. In the event that contractor fails to submit signed Agreements prior to beginning work, the effective date of any agreements received after work begins shall be the date of award.

A.16 OCC SECURITY REQUIREMENTS FOR UNCLASSIFIED INFORMATION TECHNOLOGY RESOURCES (FEB 2008)

I. DEFINITIONS

Definitions, as used in this clause, generally refer to the Code of Federal Regulations (CFR) unless a more specific provision is noted below.

Adequate Security Security that is commensurate with the risk and magnitude of harm resulting from the loss, misuse, or unauthorized access to or modification of information. This includes assuring that systems and applications in use operate effectively and provide appropriate confidentiality, integrity, and availability through the use of managerial, operational, and technical security controls.

Information Resource An information resource encompasses both information and information related resources such as personnel, equipment, data, and information technology.

Information System A discreet set of information resources organized for the collection, processing, maintenance, transmission, and dissemination of information, in accordance with defined procedures, whether automated or manual.

Note: The OCC’s Chief Information Security Officer (CISO) maintains the information on current security requirements and standards and will provide additional details to the contractor upon request. Upon substantive changes, the contractor will be notified of any significant impact to information security requirements.

II. GENERAL REQUIREMENTS

(1) The contractor shall be responsible for Information Technology (IT) security for all systems connected to an OCC network or operated by the contractor for the OCC, regardless of location. This clause applies to all or any part of the contract that includes information technology resources or services for which the contractor must have physical or electronic access to OCC information resources.

(2) OCC information resources shall remain in the United States. The maintenance, operation, and/or processing of said resources must take place, and originate from, within the United States.

(3) The contractor shall maintain a complete and accurate inventory of OCC-provided information resources. The inventory shall be made available for inspection at the request of the OCC.

(4) The contractor facility hosting OCC information resources must meet all applicable state and local zoning, environmental, and building laws and regulations. The facility must include protection against unauthorized access at all hours, including alarms and notification systems should such protection be breached.

(5) Suspected or confirmed compromises of security to OCC information resources must be reported to the OCC within 60 minutes of discovery.

(6) The Contractor shall ensure that its employees, in performance of the contract performing under this contract, receive IT security training in accordance with Office of Management and Budget (OBM) Circular A-130 and Federal Information Security Management Act of 2002 requirements, as they may be amended from time to time during the term of this contract.

(7) Contractors shall grant the Government access to facilities and information resources used in support of the contract. The OCC shall conduct reviews to ensure that the security requirements in the contract are implemented and enforced. These reviews include, but are not limited to, technical testing of the control environment used to safeguard OCC information resources.

(8) At the expiration of the contract, the contractor shall return all OCC information resources provided to or generated by the contractor during the contract. The contractor shall provide certification that all OCC information has been purged from any contractor-owned system.

III. ADDITIONAL REQUIREMENTS

(1) The contractor shall have completed and submitted to the Contracting Officer the OCC’s Preliminary Third Party Service Provider Information Security Self Assessment prior to the execution of the contract.

(2) The contractor shall provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure the adequate security of IT resources that are developed, processed, or used under this contract. The IT Security Plan shall be developed in accordance with OCC instruction Developing an Information Security Plan for Third Party Service Providers which will be provided to the contractor upon request.

(A) The contractor’s IT Security Plan shall comply with Federal laws that include, but are not limited to, the Federal Information Security Management Act of 2002 (FISMA); and with Federal policies and procedures that include, but are not limited to, OMB Circular A-130, Department of the Treasury Directive 85-01, and OCC Policy and Procedures Manual 4000-1 (REV). Copies of these documents are maintained by the OCC Information Security Office and are available upon request.

(B) The IT Security Plan shall specifically include instructions regarding handling and protecting OCC information at the contractor’s site (including any information stored, processed, or transmitted using the contractor’s computer systems), and the secure management, operation, maintenance, programming, and system administration of computer systems, networks, and telecommunications systems.

(C) Within 120 days after contract award, the contractor shall submit for approval its IT Security Plan, which shall be consistent with and further detail the approach contained in the offeror's proposal. The plan, as approved by the Contracting Officer, shall be incorporated into the contract as a compliance document. Templates for the IT Security Plan are maintained by the OCC’s Chief Information Security Officer and are available upon request.

(D) Within 180 days after contract award, the contractor shall be notified of any follow-up actions required to verify the submitted IT Security Plan. Follow up activities may include requests for additional supporting information or documentation and site inspections.

(End of clause)

[END OF ADDENDUM TO FAR 52.212-4]

A.17 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2007)

XXCS_189 (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (SEP 2006), with Alternate I (OCT 1995) (41 U.S.C. 253g and 10 U.S.C. 2402).

__CS_190 (2) 52.219-3, Notice of Total HUBZone Set-Aside (JAN 1999) (15 U.S.C. 657a).

XXCS_191 (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (JUL 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__CS_192 (4) [Reserved] __CS_195 (5) (i) 52.219-6, Notice of Total Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

__CS_196 (ii) Alternate I (OCT 1995) of 52.219-6 __CS_197 (iii) Alternate II (MAR 2004) of 52.219-6 __CS_198 (6) (i) 52.219-7, Notice of Partial Small Business Set-Aside (JUN 2003) (15 U.S.C. 644).

__CS_199 (ii) Alternate I (OCT 1995) of 52.219-7 __CS_200 (iii) Alternate II (MAR 2004) of 52.219-7 XXCS_201 (7) 52.219-8, Utilization of Small Business Concerns (MAY 2004) (15 U.S.C. 637(d)(2) and (3).

__CS_202 (8) (i) 52.219-9, Small Business Subcontracting Plan (SEP 2006) (15 U.S.C. 637(d)(4)).

__CS_203 (ii) Alternate I (OCT 2001) of 52.219-9 __CS_204 (iii) Alternate II (OCT 2001) of 52.219-9 __CS_205 (9) 52.219-14, Limitations on Subcontracting (DEC 1996) (15 U.S.C. 637(a)(14)).

__CS_206 (10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN 1999) (15 U.S.C. 637(d)(4)(F)(i)).

__CS_207 (11) (i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

XXCS_208 (ii) Alternate I (JUN 2003) of 52.219-23.

__CS_209 (12) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (OCT 1999) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__CS_210 (13) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__CS_211 (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (MAY 2004) (15 U.S.C. 657 f).

XXCS_212 (15) 52.219-28, Post-Award Small Business Program Rerepresentation (JUN 2007) (15 U.S.C. 632(a)(2)).

XXCS_213 (16) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).

__CS_214 (17) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (JAN 2006) (E.O. 13126).

XXCS_215 (18) 52.222-21, Prohibition of Segregated Facilities (FEB 1999).

XXCS_216 (19) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246).

XXCS_217 (20) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

XXCS_218 (21) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (29 U.S.C. 793).

XXCS_219 (22) 52.222-37, Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212).

XXCS_220 (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (DEC 2004) (E.O. 13201).

__CS_221 (24) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Products (AUG 2000) (42 U.S.C. 6962(c)(3)(A)(ii)).

__CS_222 (ii) Alternate I (AUG 2000) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__CS_223 (25) 52.225-1, Buy American Act--Supplies (JUN 2003) (41 U.S.C. 10a-10d).

__CS_224 (26) (i) 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act (NOV 2006) (41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, Pub. L. 108-77, 108-78, 108-286, 109-53 and 109-169).

__CS_225 (ii) Alternate I (JAN 2004) of 52.225-3.

__CS_226 (iii) Alternate II (JAN 2004) of 52.225-3.

__CS_227 (27) 52.225-5, Trade Agreements (NOV 2006) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

XXCS_228 (28) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2006) (E.o.s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__CS_231 (29) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (42 U.S.C. 5150).

__CS_232 (30) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (42 U.S.C. 5150).

XXCS_233 (31) 52.232-29, Terms of Financing of Purchases of Commercial Items (FEB 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XXCS_234 (32) 52.232-30, Installment Payments for Commercial Items (OCT 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

XXCS_235 (33) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (OCT 2003) (31 U.S.C. 3332).

__CS_236 (34) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (MAY 1999) (31 U.S.C. 3332).

__CS_237 (35) 52.232-36, Payment by Third Party (MAY 1999) (31 U.S.C. 3332).

__CS_238 (36) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__CS_239 (37) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (FEB 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__CS_240 (ii) Alternate I (APR 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __CS_289 (1) 52.222-41, Service Contract Act of 1965, as Amended (JUL 2005) (41 U.S.C. 351, et seq.).

__CS_290 (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (MAY 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__CS_291 (3) 52.222-43, Fair Labor Standards Act and Service Contract Act--Price Adjustment (Multiple Year and Option Contracts) (NOV 2006) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

__CS_292 (4) 52.222-44, Fair Labor Standards Act and Service Contract Act--Price Adjustment (FEB 2002) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).