SOW_-_Undercount_of_Young_Children.docx

PERFORMANCE WORK STATEMENT (PWS)

Undercount of Young Children

CENS16-006

1. Information about the project background and the object of the requirement.

1.1 Background

The U.S. Census Bureau serves as the leading source of quality data about the people and economy of the United States. It is the largest statistical agency of the federal government. The Census Bureau conducts numerous surveys and censuses to collect, process, and disseminate demographic and economic statistics. This data provides benchmarks to measure, understand, anticipate, and respond to changes in the nation’s social and economic conditions.

The Census Bureau’s Decennial Directorate is responsible for planning and executing the 2020 decennial census, the largest peacetime operation of the federal government. In 2013, a Census Bureau task force examined the issue of the persistent undercount of children under the age of 5 in censuses and surveys. The review found clear evidence that the undercount is real and growing.

To prepare for the 2020 Census, the Decennial Directorate is seeking consultancy services that can provide guidance and insight on the persistent undercount of young children in decennial censuses and other Census Bureau surveys.

2. Objectives

The objective of this contract is for a Contractor to assist the Census Bureau in understanding the causes of the undercount of young children in the decennial census and other surveys. The contract will provide guidance and advice to senior leadership on planning future evaluations to improve the understanding of the nature of the undercount, as well as suggest new procedures and operations to address the undercount in censuses and surveys.

2.1 Reference to CAR Clauses

At various points throughout this document reference is made to clauses from the Commerce Acquisition Regulation (CAR). These clauses supplement the requirements set forth in the Federal Acquisitions Regulation (FAR). The CAR, including CAR clauses referred to by reference may be reviewed at website http://oamweb.osec.doc.gov/docs/car13.htm, and questions about the clauses may be directed to the Contracting Officer.

3. CONTRACT TYPE

The Government intends to issue a labor hour type award.

4. PERIOD OF PERFORMANCE(CAR 1352.270–70 – April 2010)

(a) The period of performance of this contract is from Date of Award through March 31, 2017.

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

(End of clause)

5. PLACE OF PERFORMANCE

The services shall be performed at the offices of the contractor, in other locations in the case of field research (such as focus groups), and with consultations at Census Bureau Headquarters 4600 Silver Hill Road, Suitland, MD 20746

6. SCOPE OF WORK

The Contractor will provide expert knowledge on the undercount of young children to the Census Bureau research team that is currently focusing on this issue to perform the following:

· Draw on experience and knowledge to suggest potential causes for the undercount of young children.

· Recommend avenues of research that will provide data to support or refute hypotheses of why children are missed in the decennial census and other surveys.

· Draft study plans for research projects and assist in the investigations by producing tabulations, conducting statistical analyses, and writing reports on the findings.

· Review reports written by other team members, assist with drawing conclusions, and recommend ways to extend the research further.

6.1 RESEARCH SUPPORT

The contractor shall:

· Attend conference calls and team meetings about the research topic. The contractor shall draw on experience and expertise to suggest potential causes for the undercount of young children.

· Draft study plans for agreed upon research topics.

· Assist in the investigations by producing tabulations, advising on datasets to compare through statistical analyses, and writing reports on the findings.

· Recommend avenues of research that will provide data to support or refute hypotheses of why children are missed in the decennial census and other surveys.

· PRoduce a final report at the end of the contract period of performance. Content and due date of the report are to be determined by the government with agreement from the contractor.

7 MINIMUM REQUIRED SKILLS

The contractor shall provide a part-time, off-site, Principal Consultant. The Principal Consultant shall be responsible for the overall operation and management of the required services and shall act as a central point of contact with the government. The Contractor(s) shall possess a high level of experience in the required skill to fulfill the requirements of this contract. Contractor must be able to demonstrate hands-on experience, knowledge, skills, and abilities as described in the category of labor

The Principal Consultant shall possess the following set of skills:

· Knowledge and depth of experience in decennial census operations including field enumeration, field operations, special place operations, non-response follow-up, address listing and canvassing, partnership activities, decennial communications activities, media relations, census coverage evaluations including post-enumeration surveys and demographic analysis, self response operations (internet and mail)

· Knowledge and depth of experience in social and economic trends for children, living situations of children, and other societal factors that make this population hard to count,

· Experience using government data (Census Bureau and otherwise) to study issues related to young children

8. Deliverables/Delivery Schedule

The Contractor shall provide the following deliverables to the Government Contracting Officer’s Representative at:

Geography Division 4600 Silver Hill Road Suitland, MD. 20746

9.0 PERFORMANCE MILESTONES AND DELIVERABLES

Deliverables shall be submitted to the COR for inspection, review, and acceptance. All deliverables shall be Microsoft compatible. As required, deliverables shall be made available in alternative formats for individuals with disabilities. Final acceptance will occur upon COR signature. All deliverables become the property of the Government. The Government will provide timely comments on deliverables, as necessary. The Contractor must incorporate the Government’s comments within three (3) working days of receipt of the COR’s comments (unless otherwise mutually agreed upon). In the event of rejection of any deliverable, the C will notify the Contractor in writing of the specific reasons why the deliverable is unacceptable. The Contractor must return a revised document to the COR within three (3) working days.

The Contractor must provide deliverables in all task areas as listed in Table 1 – List of Task Related Milestones/Deliverables. The deliverables listed in these sections and possibly additional deliverables may be included as mutually agreed upon.

9.1 MONTHLY PROGRESS REPORTS CAR 1352.237-74

The contractor shall submit, to the Government, a progress report every 30 days after the effective date of the contract, and every 30 days thereafter during the period of performance. The contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor's professional personnel assigned to the contract, including officials of the contractor. The report shall also include any additional information—including findings and recommendations—that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the contractor's planned phasing of work by reporting period in accordance with Table 2:

Table 2 – Monthly Progress Report Content

The first report is to be submitted to the COR 10 working days after the end of each month covering the entire contract period. The COR will notify the Contractor of any changes needed after delivery of the first report and issue approval of the report format. Once approved, this format shall be followed monthly. The COR must approve any deviations/changes.

9.2 FINAL RESEARCH REPORT

The contractor shall produce a final Research Report at the end of the current period of performance. The final Research Report shall include a summary of research findings and guidance to senior leadership on planning future evaluations to understand the nature of the undercount. Is the expectation that the contractor shall provide new procedures and operations to address the undercount in censuses and surveys in the final Research Report.

The government reserves the right to change or add topics to the content of either the monthly Activity Reports or the final Research Report

10 Acceptance Criteria for Performance and Deliverables

The Contractor shall provide Performance and Deliverables that meet the following criteria:

· Quality Measures - Quality measures, as set forth below, will be applied to Overall Performance and to each Deliverable.

· Accuracy - Deliverables shall be accurate in presentation and technical content and be developed in accordance with applicable laws, regulations, policies, and procedures.

· Completeness – Deliverables shall be comprehensive and fully developed.

· Clarity - Deliverables shall be clear and concise.

· Timeliness - Deliverables shall be generated on or before specified and mutually agreed upon due dates or in accordance with a later scheduled date, should the Contractor and the COR mutually agree upon a later scheduled date.

· Format - Deliverables shall be submitted in hard and/or soft copy, as appropriate. Both hard and soft copy formats shall follow specified guidance, directives, and/or policies.

· Inspection and Acceptance Criteria – Final inspection and acceptance of all Deliverables will be performed on-site by the BOC COR.

· Quality Assurance/Acceptance – The Task Manager (TM) and BOC COR will review all draft and final Deliverables that the Contractor submits for completeness, and may return them to the Contractor for correction. Absence of any comments by the BOC COR will not relieve the Contractor of the responsibility for complying with the requirements of this contract. Final approval and acceptance of Deliverables will be granted by the TM and the COR via signature.

11. PERFORMANCE MEASURES

Table 3 – Contractor Performance Measures lists the performance requirements and standards, expected outcomes and method of surveillance for work performance and deliverables by the Contractor. The Contractor’s services shall be considered successful if the following performance requirements provide the expected outcomes within the performance standards. Additional contractor personnel performance objectives may be included as agreed upon between Contractor and COR.

Table 3 – Contractor Performance Measures

Deliverable 1

The success or failure of the Contractor to meet the above performance standards will be reflected in a performance evaluation of the services. The U.S. Census Bureau and other agencies may consider the results of the evaluation when evaluating the contractor’s past performance during the selection process for future contracts with the Government. The failure of the Contractor to meet the above performance standards may also be the basis for termination of the contract for nonperformance.

12 Contacting Officer’s Task Manager (CAR 1352.201-70) (February 2005)

Rebecca Diaz Cartagena is hereby designated as the Contacting Officer’s Representative (COR) for this task order. The COR or may be changed at any time by the Government without prior notice to the Contractor by a unilateral modification to the task order. The COR and is located at:

The Contractor shall provide the deliverables to the Government as set forth in the table below:

4600 Silver Hill Rd.

Suitland, MD 20746

Geography Division 4600 Silver Hill Road Suitland, MD. 20746

301-763-2620

Rebecca.diaz.cartagena@census.gov

13. TRAVEL & OTHER DIRECT COSTS

Travel will be authorized to and from the US Census Bureau for onsite meetings/research by the COR. All travel shall be performed in accordance with Federal Travel Regulations.

The Contractor may invoice for all allocable and allowable Other Direct Costs (ODCs) incurred in performing this contract in accordance with FAR Clause 52.232-7 – Payment under Time and Materials and Labor-Hour contracts. Any travel required to perform this contract will be reimbursed in accordance with Federal Travel Regulations. For example, the Government will not reimburse first class travel costs or any other costs that exceed Government travel rates, including hotel and per diem, when applicable. The Government will not pay for ODCs that are not allowable or allocable to this contract.

14. HOURS OF OPERATION

The following general guidelines apply to the normal work hours. A standard 40 hour work week will be observed and the Census building is open from 7:00 a.m. to 6:30 p.m., Monday through Friday, except for Federal holidays. Personnel shall be on duty at these times at the U.S Census Bureau, Suitland, Maryland to provide services. However, exceptions to these guidelines may be required.

15. LEGAL HOLIDAYS

(a) Following are the annual federal holidays:

(b) In addition to the annual holidays, the Government may observe additional days as holidays, those to include:

(c) Unless otherwise authorized by the Contracting Officer, observance of holidays by Government personnel shall not otherwise be a reason for an extension to the period of performance, delivery schedule, or entitlement of payment by the Government to the Contractor. In the event the Contractor’s personnel (including subcontractor) work during the holiday, they may be compensated for the work in accordance with the Contractor’s operational/employee/business procedures; however, no form of holiday or other premium compensation will be paid by the Government, either as an additional direct or indirect cost, over the payments authorized in the contract.

(d) When the Government grants excused absence to its employees (example: office closing due to inclement weather), onsite Contractor personnel may be dismissed by the Contractor at its discretion. However, such a dismissal will not be an excuse to change any service or delivery requirements under the contract. For T&M or LH contracts, the Contractor is cautioned that only those hours actually worked may be billed to the Government. The Contractor agrees to continue to provide sufficient personnel to perform critical tasks already in operation or scheduled, unless otherwise authorized by the Contracting Officer.

(e) Extension of a contract period of performance or delivery schedule will not be provided for federal holidays in paragraph (a) or (b) above. However, if necessary, and with approval of the COR, extension of the period of performance or delivery schedule may be granted by the Contracting Officer on a case-by-case basis for closings described in paragraph (d) above.

16. Work Space and Equipment Provided by the Government

The Census Bureau will provide the Contractor with the following:

17 CONTRACT MANAGEMENT AND ADMINISTRATION

· HSPD-12 IMPLEMENTATION

The performance of this task order requires contractors to have physical access to Federal premises for more than 180 days or access to a Federal information system. Any items or services delivered under this task order shall comply with the Department of Commerce personal identity verification procedures that implement HSPD-12, FIPS PUB 201, and OMB Memorandum M-05-24. The contractor shall insert this clause in all subcontracts when the subcontractor is required to have physical access to a federally controlled facility or access to a Federal information system.

· INVOICING

INVOICING INSTRUCTIONS

The Contractor shall submit invoices in accordance with the GSA invoicing process. The Contractor’s invoice shall include the Cost per Copy and overages on a monthly basis, itemized by machine from the previous month.

Invoices must include the following information:

· Contractor Name

· Taxpayer Identification Number (TIN)

· DUNS number

· Remittance address (address where the payment is to be issued)

· Complete order number (e.g., 776-C12345)

· Itemized description of goods or services, quantity, and unit price

· Total dollar amount of invoice

· Discount or Net terms

All invoices must clearly correlate invoiced amounts to the corresponding contract line item number and funding citation.

Invoice charges shall be billed per appropriate CLIN, period of performance and obligated funding. Unless otherwise authorized by fiscal law, funding from one CLIN may not be utilized to offset charges on another CLIN, specifically if it is different accounting and appropriation data. Supplemental invoice documentation required for review and approval of invoices may, at the written direction of the Contracting Officer, be submitted directly to either the Contracting Officer or the Contracting Officer’s Technical Representative.

· CAR 1352.237-74 – Progress reports (April 2010) The contractor shall submit, to the Government, a progress report every 30 days after the effective date of the contract, and every 30 days thereafter during the period of performance. The contractor shall deliver progress reports that summarize the work completed during the performance period, the work forecast for the following period, and state the names, titles and number of hours expended for each of the contractor's professional personnel assigned to the contract, including officials of the contractor. The report shall also include any additional information—including findings and recommendations—that may assist the Government in evaluating progress under this contract. The first report shall include a detailed work outline of the project and the contractor's planned phasing of work by reporting period.

· CAR 1352.215-72 Inquiries (April 2010) Offerors must submit all questions concerning this solicitation in writing to Pamela.a.miller@census.gov. Questions should be received no later than 5 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

(End of clause)

· CAR 1352.201-70 Contracting Officer’s Authority (April 2010) The Contracting Officer is the only person authorized to make or approve any changes in any of the requirements of this contract, and, notwithstanding any provisions contained elsewhere in this contract, the said authority remains solely in the Contracting Officer. In the event the contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract terms and conditions, including price.

(End of clause)

· CAR 1352.233-70 Agency Protests (APR 2010)

(a) An agency protest may be filed with either: (1) The contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision Authority. See 64 FR 16,651 (April 6, 1999).

(b) Agency protests filed with the Contracting Officer shall be sent to the following address: [Insert Contracting Officer name and Address]

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: [Insert appropriate Protest Decision Authority name and Address]

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

(End of clause)

· CAR 1352.233-71 GAO and Court of Federal Claims Protests (APR 2010)

(a) A protest may be filed with either the Government Accountability Office (GAO) or the Court of Federal Claims unless an agency protest has been filed.

(b) A complete copy of all GAO or Court of Federal Claims protests, including all attachments, shall be served upon (i) the Contracting Officer, and (ii) the Contract Law Division of the Office of the General Counsel, within one day of filing a protest with either GAO or the Court of Federal Claims.

(c) Service upon the Contract Law Division shall be made as follows: U.S. Department of Commerce, Office of the General Counsel, Chief, Contract Law Division, Room 5893, Herbert C. Hoover Building, 14th Street and Constitution Avenue, NW., Washington, DC 20230. FAX: (202) 482-5858.

(End of clause)

· CAR 1352.201-72 Contracting Officer’s Representative (COR) (April 2010) Contracting Officer's Representative (COR) (APR 2010)

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

U.S. Census Bureau

Phone Number:____________________ E-mail:____________________

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

(1) The COR is responsible for the technical aspects of the contract and serves as technical liaison with the contractor. The COR is also responsible for the final inspection and acceptance of all deliverables and such other responsibilities as may be specified in the contract.

(2) The COR is not authorized to make any commitments or otherwise obligate the Government or authorize any changes which affect the contract price, terms or conditions. Any contractor request for changes shall be referred to the Contracting Officer directly or through the COR. No such changes shall be made without the express written prior authorization of the Contracting Officer. The Contracting Officer may designate assistant or alternate COR(s) to act for the COR by naming such assistant/alternate(s) in writing and transmitting a copy of such designation to the contractor.

· CAR 1352.245-70 Government Furnished Property (April 2010) The Government will provide the following item(s) of Government property to the contractor. The contractor shall be accountable for, and have stewardship of, the property in the performance of this contract. This property shall be used and maintained by the contractor in accordance with provisions of the “Government Property” clause included in this contract.

(a) Access to facilities, documentation, and personnel that are necessary to complete the requirements of this task.

(b) Temporary office space, personal computers and telephones for work performed on site.

· CAR 1352-209-72 Restrictions Against Disclosure (April 2010)

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

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

· CAR 1352.209-73 Compliance with the Laws (APR 2010)

The contractor shall comply with all applicable laws, rules and regulations which deal with or relate to performance in accord with the terms of the contract.

· CAR 1352.209-74 Organizational Conflict of Interest (April 2010)

a) Purpose. The purpose of this clause is to ensure that the contractor and its subcontractors:

(1) Are not biased because of their financial, contractual, organizational, or other interests which relate to the work under this contract, and

(2) Do not obtain any unfair competitive advantage over other parties by virtue of their performance of this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the contractor, its parents, affiliates, divisions and subsidiaries, and successors in interest (hereinafter collectively referred to as “contractor”) in the activities covered by this clause as a prime contractor, subcontractor, co-sponsor, joint venturer, consultant, or in any similar capacity. For the purpose of this clause, affiliation occurs when a business concern is controlled by or has the power to control another or when a third party has the power to control both.

(c) Warrant and Disclosure. The warrant and disclosure requirements of this paragraph apply with full force to both the contractor and all subcontractors. The contractor warrants that, to the best of the contractor's knowledge and belief, there are no relevant facts or circumstances which would give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, and that the contractor has disclosed all relevant information regarding any actual or potential conflict. The contractor agrees it shall make an immediate and full disclosure, in writing, to the Contracting Officer of any potential or actual organizational conflict of interest or the existence of any facts that may cause a reasonably prudent person to question the contractor's impartiality because of the appearance or existence of bias or an unfair competitive advantage. Such disclosure shall include a description of the actions the contractor has taken or proposes to take in order to avoid, neutralize, or mitigate any resulting conflict of interest.

(d) Remedies. The Contracting Officer may terminate this contract for convenience, in whole or in part, if the Contracting Officer deems such termination necessary to avoid, neutralize or mitigate an actual or apparent organizational conflict of interest. If the contractor fails to disclose facts pertaining to the existence of a potential or actual organizational conflict of interest or misrepresents relevant information to the Contracting Officer, the Government may terminate the contract for default, suspend or debar the contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold. The terms “contract,” “contractor,” and “Contracting Officer” shall be appropriately modified to preserve the Government's rights.

(f) Prime Contractor Responsibilities. The contractor shall obtain from its subcontractors or consultants the disclosure required in FAR Part 9.507-1, and shall determine in writing whether the interests disclosed present an actual, or significant potential for, an organizational conflict of interest. The contractor shall identify and avoid, neutralize, or mitigate any subcontractor organizational conflict prior to award of the contract to the satisfaction of the Contracting Officer. If the subcontractor's organizational conflict cannot be avoided, neutralized, or mitigated, the contractor must obtain the written approval of the Contracting Officer prior to entering into the subcontract. If the contractor becomes aware of a subcontractor's potential or actual organizational conflict of interest after contract award, the contractor agrees that the Contractor may be required to eliminate the subcontractor from its team, at the contractor's own risk.

(g) Waiver. The parties recognize that this clause has potential effects which will survive the performance of this contract and that it is impossible to foresee each circumstance to which it might be applied in the future. Accordingly, the contractor may at any time seek a waiver from the Head of the Contracting Activity by submitting such waiver request to the Contracting Officer, including a full written description of the requested waiver and the reasons in support thereof.

· CAR 1352.209-75 Title 13 and Non-disclosure Requirements (April 2010)

The Census Bureau's data are protected by Title 13 of the United States Code. The contractor may not use Title 13 data for any purpose other than the intended purpose for which it is supplied or obtained. All contractor personnel who will have access to Title 13 data must take an oath and complete the Census Bureau Form BC-1759 (Special Sworn Status) that requires nondisclosure of Title 13 data. An authorized Census employee or a Notary Public must administer the oath of nondisclosure.

· CAR 1352-227-70 Rights in Data, Assignment of Copyright (April 2010)

In accordance with 48 CFR 52.227-17, Rights in Data—Special Works, the contractor agrees to assign copyright to data, including reports and other copyrightable materials, first produced in performance of this contract to the United States Government, as represented by the Secretary of Commerce.

· CAR 1352.228-70 Insurance Coverage (April 2010)

(a) Workers Compensation and Employer's Liability. The contractor is required to comply with applicable Federal and State workers' compensation and occupational disease statutes. If occupational diseases are not compensable under those statutes, they shall be covered under the employer's liability section of the insurance policy, except when contract operations are so commingled with a contractor's commercial operations that it would not be practical to require this coverage. Employer's liability coverage of at least $100,000 shall be required, except in states with exclusive or monopolistic funds that do not permit workers' compensation to be written by private carriers.

(b) General liability. (1) The contractor shall have bodily injury liability insurance coverage written on the comprehensive form of policy of at least $500,000 per occurrence.(2) When special circumstances apply in accordance with FAR 28.307-2(b), Property Damage Liability Insurance shall be required in the amount of $____ [insert zero unless special circumstances apply, if applicable, insert dollar amount.].

(c) Automobile liability. The contractor shall have automobile liability insurance written on the comprehensive form of policy. The policy shall provide for bodily injury and property damage liability covering the operation of all automobiles used in connection with performing the contract. Policies covering automobiles operated in the United States shall provide coverage of at least $200,000 per person and $500,000 per occurrence for bodily injury and $20,000 per occurrence for property damage.

(d) Aircraft public and passenger liability. When aircraft are used in connection with performing the contract, the contractor shall have aircraft public and passenger liability insurance. Coverage shall be at least $200,000 per person and $500,000 per occurrence for bodily injury, other than passenger liability, and $200,000 per occurrence for property damage. Coverage for passenger liability bodily injury shall be at least $200,000 multiplied by the number of seats or passengers, whichever is greater.

(e) Vessel liability. When contract performance involves use of vessels, the Contractor shall provide, vessel collision liability and protection and indemnity liability insurance as determined by the Government.

· CAR 1352.237.70 Security Processing Requirements – High or Moderate Risk Contracts (April 2010)

(a) Investigative Requirements for High and Moderate Risk Contracts. All contractor (and subcontractor) personnel proposed to be employed under a High or Moderate Risk contract shall undergo security processing by the Department's Office of Security before being eligible to work on the premises of any Department of Commerce owned, leased, or controlled facility in the United States or overseas, or to obtain access to a Department of Commerce IT system. All Department of Commerce security processing pertinent to this contract will be conducted at no cost to the contractor. The level of contract risk will determine the type and scope of such processing, as noted below.

(1) Investigative requirements for Non-IT Service Contracts are:

(i) High Risk—Background Investigation (BI).

(ii) Moderate Risk—Moderate Background Investigation (MBI).

(2) Investigative requirements for IT Service Contracts are:

(i) High Risk IT—Background Investigation (BI).

(ii) Moderate Risk IT—Background Investigation (BI).

(b) In addition to the investigations noted above, non-U.S. citizens must have a pre-appointment check that includes an Immigration and Customs Enforcement agency check.

(c) Additional Requirements for Foreign Nationals (Non-U.S. Citizens). To be employed under this contract within the United States, non-U.S. citizens must have:

(1) Official legal status in the United States;

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

(3) Obtained advance approval from the servicing Security Officer of the contracting operating unit in consultation with the DOC Office of Security (OSY) headquarters. (OSY routinely consults with appropriate agencies regarding the use of non-U.S. citizens on contracts and can provide up-to-date information concerning this matter.)

(d) Security Processing Requirement. Processing requirements for High and Moderate Risk Contracts are as follows:

(1) The contractor must complete and submit the following forms to the Contracting Officer's Representative (COR):

(i) Standard Form 85P (SF-85P), Questionnaire for Public Trust Positions;

(ii) FD-258, Fingerprint Chart with OPM's designation in the ORI Block; and

(iii) Credit Release Authorization.

(2) The Sponsor will ensure that these forms have been properly completed, initiate the CD-254, Contract Security Classification Specification, and forward the documents to the cognizant Security Officer.

(3) Upon completion of security processing, the Office of Security, through the servicing Security Officer and the Sponsor, will notify the contractor in writing of an individual's eligibility to be provided access to a Department of Commerce facility or Department of Commerce IT system.

(4) Security processing shall consist of limited personal background inquiries pertaining to verification of name, physical description, marital status, present and former residences, education, employment history, criminal record, personal references, medical fitness, fingerprint classification, and other pertinent information. For non-U.S. citizens, the Sponsor must request an Immigration and Customs Enforcement agency check. It is the option of the Office of Security to repeat the security processing on any contract employee at its discretion.

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

(1) Conviction of a felony crime of violence or of a misdemeanor involving moral turpitude;

(2) Falsification of information entered on security screening forms or on other documents submitted to the Department;

(3) Improper conduct once performing on the contract, including criminal, infamous, dishonest, immoral, or notoriously disgraceful conduct or other conduct prejudicial to the Government, regardless of whether the conduct was directly related to the contract;

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

(f) Failure to comply with security processing requirements may result in termination of the contract or removal of contract employees from Department of Commerce facilities or denial of access to IT systems.

Code of Federal Regulations / Title 48 - Federal Acquisition Regulations System / Vol. 5 / 2011-10-01742

(g) Access to National Security Information. Compliance with these requirements shall not be construed as providing a contract employee clearance to have access to national security information.

(h) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

· CAR 1352.239-72 Security Processing Requirements – National Security Contracts (April 2010)

(a) Security Investigative Requirements for National Security Contracts. National Security Contracts require contractor employees to gain access to national security information in the performance of their work. Regardless of the contractor employees' location, appropriate security access and fulfillment of cleared facility requirements, as determined by the National Industrial Security Program (NISP) Operation Manual must be met. All contractors are subject to the appropriate investigations indicated below and may be granted appropriate security access by the Office of Security based on favorable results. No national security material or documents shall be removed from a Department of Commerce facility. The circumstances of the work performance must allow the Department of Commerce to retain control over national security information and keep the number of contract personnel with access to the information to a minimum.

(b) All employees working on Special or Critical Sensitive contracts require an updated personnel security background investigation every five (5) years. Employees on Non-Critical Sensitive contracts will require an updated personnel security background investigation every ten (10) years.

(c) Security Procedures. Position sensitivity/risk assessments must be conducted on all functions that are performed under the contract. Risk assessments for contractor employees are determined in the same manner as assessment of those functions performed by government employees. The Contracting Officer and Contracting Officer's Representative should determine the level of sensitivity or risk with the assistance of the servicing Security Officer.

(1) Contractor employees working on National Security Contracts must have a completed investigation and be granted an appropriate security level clearance by the Office of Security before start of work.

(2) The Contracting Officer's Representative must send the contract employee's existing security clearance information, if applicable, or appropriate investigative request package, to the servicing Security Officer, who will review and forward it to the Office of Security.

(3) The Office of Security must confirm that contract employees have the appropriate security clearance before starting any work under a National Security Contract.

(d) Security Forms Required. For Critical-Sensitive positions with Top Secret access, Critical-Sensitive positions with Secret access, and Non-Critical Sensitive positions with Secret or Confidential access, the following forms are required:

(1) Form SF-86, Questionnaire for National Security Positions, marked “CON” in Block 1, Position Title, to distinguish it as a contractor case;

(2) Form FD-258, Fingerprint Chart, with OPM's designation in the ORI Block; and Code of Federal Regulations / Title 48 - Federal Acquisition Regulations System / Vol. 5 / 2011-10-01744

(3) Credit Release Authorization Form.

(e) Contracting Officer's Representative Responsibilities are:

(1) Coordinate submission of a proper investigative request package with the servicing Security Officer, the Contracting Officer, and the contractor.

(2) Review the request package for completeness, ensuring that the subject of each package is identified as a contract employee, the name of the contractor is identified, and that each package clearly indicates the contract sensitivity designation.

(3) Send the request package to the servicing Security Officer for investigative processing.

(f) Servicing Security Officer Responsibilities are:

(1) Review the package for completeness.

(2) Ensure that the forms are complete and contain all the pertinent information necessary to request the background investigation.

(3) Forward the request for investigation to the Defense Investigative Service Coordinating Office (DISCO).

(4) Maintain records of contractor personnel in their units subject to the NISP.

(5) Ensure that all contractor personnel have been briefed on the appropriate procedures for handling and safeguarding national security information.

(g) The contractor shall include the substance of this clause, including this paragraph, in all subcontracts.

18 FEDERAL ACQUISTIONS REGULATIONS (FAR Clauses)

· 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

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

· 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 60 days.

· 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years.