Records_Management_SOW.doc

CENSUS BUREAU

ADMINITRATIVE AND CUSTOMER SERVICES DIVISION

RECORDS MANAGEMENT OFFICE

SENSITIVE DOCUMENT DESTRUCTION SERVICES

STATEMENT OF WORK

1.

BACKGROUND

The US Census Bureau’s Records Management Office (RMO) supports the Census Bureau’s mission to manage their records property to comply with legal requirement and to preserve Agency records in accordance with applicable statutory and regulatory requirements.

The RMO have overall responsibility for the Census Bureau’s records management program which includes managing the records management lifecycle function (creation, maintenance, use and disposition) of correspondence and all other records (according to the appropriate General Records Schedule (GRS) or the Census Bureau Records Schedules) to determine the proper retention/disposition. This includes working closely with divisions to provide leadership, planning, institute overall policy, guidance and general oversight of records management in the Agency to ensure the prompt disposal of records when their retention periods expire.

2.

OBJECTIVES

The objectives under this contract are to ensure that sensitive records are protected and properly destroyed in accordance with federal, Census Bureau, and IRS requirements. In order to do so, the Records Management Office requires the assistance of an expert in the field of secure data destruction.

3.

TYPE OF PURCHASE ORDER

This is a fixed price purchase order.

4.

PERIOD OF PERFORMANCE

The period of performance is from December 1, 2018 through November 30, 2019 with 4 option years.

5.

PLACE OF PERFORMANCE

The services shall be performed at the Contractor’s place of business.

6.

STATEMENT OF WORK/SPECIFICATIONS

The Contractor shall provide a secure records disposal service that support the IRS approved methods of destruction. The specific services provided by the Contractor are:

6.1 ACSD RMO Sensitive Destruction Point of Contact

The U.S. Census Bureau has an obligation to produce accurate, relevant statistics about the nation's economy and people. We depend on our respondents’ cooperation and trust, and promise to protect the confidentiality of their information. Federal law protects respondents’ information, and we have developed policies and statistical safeguards to help us follow the law and further ensure the confidentiality of their information.

As it is our duty to protect data, it is our duty to destroy sensitive information according to proper guidelines. Sensitive records include legally protected and administratively restricted records. Legally protected records include sensitive personally identifiable information protected under Title 5- the Privacy Act, records collected/maintained under Title 13, and Federal Tax Information (FTI) protected under Title 26. In addition, although not protected by Federal statute, administratively restricted information should be considered sensitive and handled carefully.

Title 13, Title 5, and FTI/Title 26 are legally protected records that must be destroyed according to the following IRS standards:

· Destroy paper using cross cut shredders which produce particles that are 1 mm x 5 mm (0.04 in. x 0.2 in.) in size (or smaller), or pulverize/disintegrate paper materials using disintegrator devices equipped with a 3/32 in. (2.4 mm) security screen (IRS Publication 1075, p.53).

· If a method other than burning or shredding (according to the specifications above) is used, that method must make the record unreadable or unusable.

· Other methods of destruction include chemically decomposing or pulverizing them in a facility approved by the Environmental Protection Agency.

· Witness to Destruction: A Census Bureau or Special Sworn Status employee shall either destroy the sensitive Records or be present during the destruction of the records.

ACTIVITY 1: Serve as the primary contact to ensure sensitive material/records are handled and destroyed:

· Geography: Destruction Facility location must be within a 20 to 30-mile radius

· Must be NAID certified

· Destroy sensitive materials according to the above mentioned standards.

· Shall not restrict or in any way limit the Census Bureau’s right or ability to oversee any and all services provided by the contractor.

· Collect all sensitive data from an identified location measure/weigh all records using a certified scale, destroy completely, and provide the client with a Certificate of destruction and weigh ticket. At a minimum. The Certificate of Destruction must include the name and/or address of the facility, date of service, description and capacity of records destroyed, service representative name and truck number and be signed by the Census Bureau’s designee observing the destruction.

7.

GOVERNMENT PROVIDED RESOURCES

The staff of the Records Management Office will escort and witness the sensitive materials to be destroyed.

8.

TRAVEL REQUIREMENT

The box truck must be locked during the transportation of the sensitive records to the destruction location to ensure proper the chain of custody is not broken. The government will provide the box truck if BOC employees are transporting sensitive materials to destruction. However, if the contractor is responsible for retrieving sensitive material from government location and transporting to destruction site, the contractor must provide transportation mode that can be locked and secured.

9.0 Contracting Officer’s Authority 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.

The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds. No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.

9.1 Contracting Officer’s Representative (COR)

Chante’ R. Sawyers is hereby named the Contracting Officer’s Representative for this contract. The Government may change the COR at any time without prior notice to the Contractor by a unilateral modification to the contract.

The responsibilities and limitations of the COR are as follows:

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

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

(End of Clause)

10.0 Technical Direction

Performance of the work under this contract shall be subject to the technical direction of the COR. The term “technical direction” is defined to include, without limitation, the following:

a) Directions to the Contractor, which redirect the contract effort, shift work emphasis between work areas or delivery orders, require the pursuit of certain lines of inquiry, fill in details or otherwise serve to accomplish contractual requirements.

b) Provision of information to the Contractor, which assists in the interpretation of renderings, specifications or technical portions of the work description.

c) Review and, where required by contract, approval of reports, creative renderings, specifications, materials or technical information to be delivered by the Contractor to the Government under this contract.

Technical direction must be within the general scope of work stated in the contract. The COR does not have the authority to, and may not, issue any technical direction which:

1) Constitutes the assignment of any additional work outside the general scope of the contract;

2) Constitutes a change as defined in the contract clause entitled, “Change”;

3) In any manner causes an increase or decrease in the total estimated contract costs, fixed fee, award fee, or time required for the contract performance; or

4) Changes any of the express terms, conditions or specifications of the contract.

All technical direction shall be issued in writing by the COR; verbal direction shall be confirmed by the COR in writing within five (5) working days after their issuance.

The Contractor shall proceed promptly with the performance of technical directions duly issued by the COR in the manner prescribed by this article and within his/her authority under the provisions of this article.

If, in the opinion of the Contractor, any instruction or direction issued by the COR is within one of the categories defined in (1) through (4) above, the Contractor shall not proceed, but shall notify the CO, in writing, within five (5) working days after receipt of any such instruction or direction and shall request the CO to modify the contract accordingly. Upon receiving such notification from the Contractor, the CO shall issue an appropriate contract modification or advise the Contractor, in writing, that in his/her opinion, the technical direction is within the scope of this article and does not constitute a change under the “Change” clause of the contract. The Contractor shall thereupon proceed immediately with the direction given. A failure of the parties to agree upon the nature of the instruction or direction, or upon the contract action to be taken with respect thereto, shall be subject to the provisions under the "Disputes" clause of the contract.

11.0

BILLING INSTRUCTIONS

(a) The Contractor shall provide a single point of contact for handling billing and invoicing issues as well as his/her mailing address and telephone number.

(b) The Contractor shall submit billing on a monthly basis or another cycle that will be mutually agreed upon by the Contractor and the Government.

(c) The Contractor may use Standard Form 1034 – Public Voucher for Purchases and Services Other than Personal (FAR 53-301 –1034) or they may submit a company –generated voucher. However, no matter what type of voucher is submitted, it must contain the proper invoice/voucher information describe in G.3 below.

(d) The Contractor shall submit one (1) original of each voucher/invoice to the Finance Division at the U.S. Census Bureau and one (1) scanned copy to the COR at the Regional Office before the invoice is considered received by the Government.

Original Invoice/vouchers shall be submitted to:

U.S. Census Bureau

Finance Division (Vouchers)

4600 Silver Hill Road

Room #2K419

Washington, DC 20233-4400

Fax: (301) 763-4622

By email: fin.customer.assistance.line.financial.services@census.gov

Copy of the Invoice/vouchers shall be submitted to the COR, identified in Section G.1.3 above.

IMPORTANT: Vouchers shall be sent simultaneously to the Census Bureaus Finance Division and the COTR.

(d) The Contractor is notified that it is their responsibility for ensuring that the vouchers/invoices are delivered to the Finance Division, and the COR or Task Manager are not responsible for ensuring the advanced copies of the vouchers/invoices are provided to the Finance Division. Invoices, which are submitted to an incorrect office or which do not contain the information specified in subparagraph (e) above, will be returned to the Contractor for corrections.

(e) Vouchers / Invoices submitted to the COR, must be accompanied by appropriate cost-related documentation, including affidavits, time and attendance sheets, or other standard proof-of-performance documents and must be clearly marked “COTR or Task Manager’s Copy”.

(f) Vouchers/invoices received without the substantiating documents will be considered incomplete, and will be returned to the contractor without payment.

(g) Vouchers / Invoices submitted to the Finance Division, does not require that the timesheets or other substantiation be attached. However, they must be clearly marked “Original for Finance”.

11.1

INVOICE PREPARATION

(a) To constitute a proper invoice, the invoice must include, at a minimum, the following information:

· Name and Address of Contractor.

· Contact Name, Title and Telephone Number.

· Contractor’s DUNS number.

· Government Contract Number or Other Authorization for Delivery of Goods or Services.

· Government Task Order Number is required if services are being provided through a task order to the basis contract.

· Date of the Invoice.

· Invoice Number, Account Number, and/or any other identifying number agreed to by the contract (At a minimum there must be an invoice number).

· Include the Actual date when services were performed or goods delivered.

· Include the Period of Performance on all invoices.

· Description – Including, for example, contract line/subline number, price, and quality of goods and services rendered.

· Include discount terms.

· Other substantiating documentation or information required by the contract.

· Shipping and Payment Terms (Required unless mutually agreed that this information is only required in the contract – Contact the Contracting Officer or Contract Specialist for clarification).

· Taxpayer Identifying Number (TIN) (Required unless agency procedures provide otherwise).

· Address for mailing payment.

· Banking Information such as name and address of bank, routing & account number (Required unless agency procedures provide otherwise, or except in situations where the EFT requirements is waived under 31 CFR, 208.4.) (This information is seldom required, check with the Contracting Officer or Contract Specialist to determine if information is needed).

· Other Substantiating Documentation or Information required by the contract.

In addition, the Contractor shall include in the invoice the following three statements and signature lines:

I hereby certify, to the best of my knowledge and belief that the services set forth herein were performed during the period stated above are current, accurate and complete.

(Date) (Name and Title of Contractor Representative) (Signature)

The above statement will be signed by a representative of the Contractor.

and

I certify that to the best of my knowledge and belief that the services/supplies shown on the invoice have been performed/furnished and are accepted.

(Date)

(Name and Title COR, Task Manager, etc.)

(Signature)

The above statement will be signed by a government representative, usually the COTR or a Task Manager with authority to certify.

and

Pursuant to authority vested in me, I certify that this voucher is correct and proper for payment.

(Date) (Name /Title of Authorized Certifying Official) (Signature)

The above statement will be signed by a government representative who has authority to approve the invoice. The representative signing this statement will be the Contracting Officer when the services are acquired through a fully definitized contract, or the COTR or Task Manager with approving authority if the work is authorized through the simplified acquisition system (purchase order).

If there is insufficient space in the Standard Form 1034 to provide all of the required information, the Contractor may include the remaining information on bond paper. However, if bond paper is used, the contract and task order numbers, invoice number, and date of invoice must be listed at the top of the second and subsequent pages.

11.2 Final Invoice The final invoice under each task order shall be marked “FINAL”

11.3

INTEREST ON OVERDUE PAYMENTS

(a) The Prompt Payment Act, Public Law 97-177 (96 Stat. 85, 31 U.S.C. 1801) is applicable to payments under this contract and requires the payment to Contractors of interest on overdue payments and improperly taken discounts.

(b) Determinations of interest due will be made in accordance with the provisions of the Prompt Payment Act and the Office of Management and Budget Circular A-125.

(c) The term "progress payments", as used herein, signifies payments made as work progresses under the contract, upon the basis of costs incurred, of percentage of completion accomplished, or of a particular stage of completion, as provided under the payment provisions of this contract. As used herein this term does not include payments for partial deliveries accepted by the Government under this contract, or partial payments on contract termination claims.

11.4

METHOD OF PAYMENT

(a) Payments under this contract will be made by wire transfer through the Treasury Financial Communications System.

(b) Not later than seven (7) days after receipt of notice of award, the Contractor shall forward the following information in writing to:

U.S. Census Bureau

Finance Division

4600 Silver Hill Road

Washington, DC 20233-4400

(1) Full name (where practicable), title, phone number, and complete mailing address of responsible official(s),

(i) To whom check payment are to be sent, and

(ii) Who may be contacted concerning the bank account information requested below.

(2) The following bank account information required to accomplish wire transfers:

(i) Name, address, and telegraphic abbreviation of the receiving financial institution.

(ii) Receiving financial institution’s 9-digit American Bankers Association (ABA) identifying number for routing transfer of funds. Provide this number only if the receiving financial institution has access to the Federal Reserve Communications System (FRCS).

(iii) Recipient's name and account number at the receiving financial institution to be credited with the funds.

(iv) If the receiving financial institution does not have access to the FRCS, provide the name of the correspondent financial institution through which the receiving financial institution receives electronic funds transfer messages. If a correspondent financial institution is specified, also provide:

(a) Address and telegraphic abbreviation of the correspondent financial institution.

(b) The correspondent financial institution's 9-digit ABA identifying number for routing transfer of funds.

(c) Any changes to the information furnished under paragraph (b) of this clause shall be furnished to the Finance Office in writing at least 30 days before the effective date of the change. It is the Contractor's responsibility to furnish these changes thirty (30) days before submitting invoices to avoid payments to erroneous addresses or bank accounts.

The document furnishing the information required in paragraphs (b) and (c) must be dated and contain the signature, title, and telephone number of the Contractor official authorized to provide it, as well as the Contractor's name and contract number.

12.

PRINTING (MARCH 2000)

Unless otherwise specified in this contract, the Contractor shall not engage in, or subcontract for, any printing (as that term is defined in Title I of the Government Printing and Binding Regulations in effect on the effective date of this contract) in connection with performing under this contract. Provided, however, that performing a requirement under this contract involving the duplicating of less than 5,000 units of only one page, or less than 25,000 units in the aggregate of multiple pages, such pages are not exceeding a maximum image size of 10 and ¾ inches by 14 and ¼ inches, will not be deemed printing.

12.1

CODE OF CONDUCT

All personnel assigned by the Contractor to work under this contract must be acceptable to the Government in their personal and professional conduct. Any person in the Contractor's organization or in any subcontractor’s organization, who is deemed by the Contracting Officer or the Contracting Officer’s Technical Representative whose conduct may affect the performance of the Contractor or the image of the Bureau of Census, shall be immediately removed from the assignment. The reason for removal must be documented in writing by the Contracting Officer. Employment and staffing difficulties are not adequate justification for failing to meet established schedules and if they impair performance, the Contractor may be subject to default. Any security violations, denials or revocations of security clearances may be construed as grounds for immediate removal from the premises and the contract. The Contractor and its employees shall conduct only business covered by this contract during periods paid for by the Government, and will not conduct any other business on Government premises or time. Contractor personnel shall abide by the normal rules and regulations applicable to the Government premises on which they work, including any applicable safety and security regulations.

12.2

1352.209-71 ORGANIZATIONAL CONFLICT OF INTEREST (MAR 2000)

(a) The Contractor warrants that, to the best of the Contractor’s knowledge and belief, there are no relevant facts or circumstances which could give rise to an organizational conflict of interest, as defined in FAR Subpart 9.5, or that the Contractor has disclosed all such relevant information.

(b) The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor will make a full disclosure in writing to the Contracting Officer. This disclosure shall include a description of actions, which the Contractor has taken or proposes to take, after consultation with the Contracting Officer, to avoid, mitigate, or neutralize the actual or potential conflict.

(c) Remedies - The Contracting Officer may terminate this contract for convenience, in whole or in part, if it deems such termination necessary to avoid an organizational conflict of interest. If the Contractor was aware of a potential organizational conflict of interest prior to award or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the Contracting Officer, the Government may terminate the contract for default, debar the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or this contract.

(d) The Contractor further agrees to insert provisions, which shall conform substantially to the language of this clause, including this paragraph (d), in any subcontract or consultant agreement hereunder.

12.3

CAR 1352.209-72 RESTRICTIONS AGAINST DISCLOSURE (MARCH 2000)

(a) The Contractor agrees, in the performance of this contract, to keep the information furnished by the Government and designated by the Contracting Officer or Contracting Officer's Technical Representative in the strictest confidence. The Contractor also

(b) 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 provided herein, i.e., on a "need to know" basis. The Contractor agrees to immediately notify the Contracting Officer in writing in the event that the Contractor determines or has reason to suspect a breach of this requirement.

(c) The Contractor agrees that it will not disclose any information described in Subsection "a" to any persons or individual unless prior written approval is obtained from the Contracting Officer. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.

12.4 CAR 1352.239-73- SECURITY REQUIREMENTS FOR INFORMATION TECHNOLOGY RESOURCES

The Certification and Accreditation (C&A) requirements of Clause 1352.239-73 do not apply, and a Security Accreditation Package is not required.

(a) Applicability.

This clause is applicable to all contracts that require Contractor electronic access to Department of Commerce sensitive non-national security or national security information contained in systems, or administrative control of systems that process or store information, that directly support the mission of the Agency.

(b) Definitions.

For purposes of this clause the term “Sensitive” is defined by the guidance set forth in:

(1) The DOC IT Security Program Policy and Minimum Implementation Standards (http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html);

(2) The Office of Management and Budget (OMB) Circular A-130, Appendix III, Security of Federal Automated Information Resources, (http://csrc.nist.gov/secplcy/a130app3.txt) which states that there is a “presumption that all [general support systems] contain some sensitive information.”; and

(3) The Computer Security Act of 1987 (P.L. 100-235) (http://www.epic.org/crypto/csa/csa.html), including the following definition of the term sensitive information “… any information, the loss, misuse, or unauthorized access, to or modification of which could adversely affect the national interest or the, conduct of federal programs, or the privacy to which individuals are entitled under section 552 a of title 5, Unites States Code (The Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy.”

For purposes of this clause, the term “Classified” is defined by the guidance set forth in:

(1) The DOC IT Security Program Policy and Minimum Implementation Standards, Section 3.3.1.4 (http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html).

(2) The DOC Security Manual, Chapter 18 (http://www.osec.doc.gov/osy/).

(3) Executive Order 12958, as amended, Classified National Security Information. Classified or national security information is information that has been specifically authorized to be protected from unauthorized disclosure in the interest of national defense or foreign policy under an Executive Order or Act of Congress.

Information technology resources include, but are not limited to, hardware, application software, system software, and information (data). Information technology services include, but are not limited to, the management, operation (including input, processing, transmission, and output), maintenance, programming, and system administration of computer systems, networks, and telecommunications systems. The Contractor shall be responsible for implementing sufficient Information Technology security, to reasonably prevent the compromise of DOC IT resources for all of the contractor’s systems that are interconnected with a DOC network or DOC systems that are operated by the Contractor.

(b) All Contractor personnel performing under this contract and Contractor equipment used to process or store DOC data, or to connect to DOC networks, must comply with the requirements contained in the DOC Information Technology Management Handbook (http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html), or equivalent/more specific agency or bureau guidance as specified immediately hereafter [insert agency or bureau specific guidance, if applicable].

(c) For all Contractor-owned systems for which performance of the contract requires interconnection with a DOC network or that DOC data be stored or processed on them, the Contractor Shall:

(1) Provide, implement, and maintain an IT Security Plan. This plan shall describe the processes and procedures that will be followed to ensure appropriate security of IT resources that are developed, processed, or used under this contract. The plan shall describe those parts of the contract to which this clause applies. The Contractor’s IT Security Plan shall comply with federal laws that include, but are not limited to, the Computer Security Act of 1987 (40 U.S.C. 1441 et seq.) and the Federal Information Security Management Act of 2002, Pub. L. No.107-347, 116 Stat. 2899, 2946-2961 (2002); Pub. L. No. 107-296, 116 Stat. 2135, 2259-2273 (2002). 38 WEEKLY COMP. PRES. DOC. 51, 2174 (Dec. 23, 2002) (providing statement by President George W. Bush regarding Federal Information Security Management Act of 2002). The plan shall meet IT security requirements in accordance with Federal and DOC policies and procedures that include, but are not limited to:

(a) OMB Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources (http://csrc.nist.gov/secplcy/a130app3.txt);

(b) National Institute of Standards and Technology Special Publication 800-18, Guide for Developing Security Plans for Information Technology Systems (http://csrc.nist.gov/publications/nistpubs/800-18/Planguide.PDF) ; and

(c) DOC Procedures and Guidelines in the Information Technology Management Handbook (http://www.osec.doc.gov/cio/itmhweb/itmhweb1.html). .

(d) National Industrial Security Program Operating Manual (NISPOM) for classified systems (http://www.dss.mil/isec/nispom.htm); and

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

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

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

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

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

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

(a) Contractor personnel requiring any access to systems operated by the Contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. DOC shall provide screening using standard

(b) personnel screening forms, which the Contractor shall submit to the DOC Contracting Officer’s Technical Representative (COTR) based on the following guidance:

1) Contract personnel performing work designated Contract High Risk and personnel performing work designated Contract Moderate Risk in the information technology (IT) occupations and those with “global access” to an automated information system require a favorable pre-employment check before the start of work on the contract, regardless of the expected duration of the contract. After a favorable pre-employment check has been obtained, the Background Investigation (BI) for Contract High Risk and the Minimum Background Investigation (MBI) for Contract IT Moderate Risk positions must be initiated within three working days of the start of work.

2) Contract personnel performing work designated Contract Moderate Risk who are not performing IT-related contract work do not require a favorable pre-employment check prior to their employment; however, the Minimum Background Investigation (MBI) must be initiated within three working days of the subject’s start of work on the contract, regardless of the expected duration of the contract.

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

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

5) Contract personnel performing work on contracts requiring access to classified information must undergo investigative processing according to the Department of Defense National Industrial Security Program Operating Manual (NISPOM), (http://www.dss.mil/isec/nispom.htm) and be granted eligibility for access to classified information prior to beginning work on the contract.

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

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

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

(d) The Contractor shall afford DOC, including the Office of Inspector General, access to the Contractor’s and subcontractor’s facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime.

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

12.5 1352-239-74 SECURITY PROCESSING REQUIREMENTS FOR CONTRACTORS / SUBCONTRACTORS PERSONNEL FOR ACCESSING DOC INFORMATION TECHNOLOGY SYSTEMS

(a) Contractor personnel requiring any access to systems operated by the Contractor for DOC or interconnected to a DOC network to perform contract services shall be screened at an appropriate level in accordance with Commerce Acquisition Manual 1337.70, Security Processing Requirements for Service Contracts. DOC shall provide screening using standard

(b) personnel screening forms, which the Contractor shall submit to the DOC Contracting Officer’s Technical Representative (COTR) based on the following guidance:

1) Contract personnel performing work designated Contract High Risk and personnel performing work designated Contract Moderate Risk in the information technology (IT) occupations and those with “global access” to an automated information system require a favorable pre-employment check before the start of work on the contract, regardless of the expected duration of the contract. After a favorable pre-employment check has been obtained, the Background Investigation (BI) for Contract High Risk and the Minimum Background Investigation (MBI) for Contract IT Moderate Risk positions must be initiated within three working days of the start of work.

2) Contract personnel performing work designated Contract Moderate Risk who are not performing IT-related contract work do not require a favorable pre-employment check prior to their employment; however, the Minimum Background Investigation (MBI) must be initiated within three working days of the subject’s start of work on the contract, regardless of the expected duration of the contract.

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

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

5) Contract personnel performing work on contracts requiring access to classified information must undergo investigative processing according to the Department of Defense National Industrial Security Program Operating Manual (NISPOM), (http://www.dss.mil/isec/nispom.htm) and be granted eligibility for access to classified information prior to beginning work on the contract.

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

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

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

(d) The Contractor shall afford DOC, including the Office of Inspector General, access to the Contractor’s and subcontractor’s facilities, installations, operations, documentation, databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out a program of IT inspection, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of DOC data or to the function of computer systems operated on behalf of DOC, and to preserve evidence of computer crime.

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

– CONTRACT CLAUSES

52.252-1 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/these address(es): http://acquisition.gov/far/index.html

TC "I.2 52.202-1 DEFINITIONS (JUL 2004)" \f C \l "2" 52.202-1

DEFINITIONS (JUL 2004)

52.203-3

GRATUITIES (APR 1984)

52.203-5

COVENANT AGAINST CONTINGENT FEES (APR 1984)

TC "I.3 52.203-6 RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995)" \f C \l "2" 52.203-6

RESTRICTIONS ON SUBCONTRACTOR SALES TO THE GOVERNMENT (JUL 1995)

TC "I.4 52.203-7 ANTI-KICKBACK PROCEDURES (JUL 1995)" \f C \l "2" 52.203-7

ANTI-KICKBACK PROCEDURES (JUL 1995)

TC "I.5 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)" \f C \l "2" 52.203-8 CANCELLATION, RESCISSION, AND RECOVERY OF FUNDS FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

TC "I.6 52.203-10 PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)" \f C \l "2" 52.203-10

PRICE OR FEE ADJUSTMENT FOR ILLEGAL OR IMPROPER ACTIVITY (JAN 1997)

TC "I.7 52.203-12 LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005)" \f C \l "2" 52.203-12

LIMITATION ON PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (SEP 2005)

52.204-1

APPROVAL OF CONTRACT

(DEC 1989)

52.204-7

CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

52.204-9

PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2006)

TC "I.9 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN 2005)" \f C \l "2" 52.209-6 PROTECTING THE GOVERNMENT'S INTEREST WHEN SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED, OR PROPOSED FOR DEBARMENT (JAN 2005)

TC "I.10 52.215-2 AUDIT AND RECORDS--NEGOTIATION (JUN 1999)" \f C \l "2" 52.215-2

AUDIT AND RECORDS--NEGOTIATION (JUN 1999)

TC "I.11 52.215-8 ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)" \f C \l "2" 52.215-8

ORDER OF PRECEDENCE--UNIFORM CONTRACT FORMAT (OCT 1997)

52.215-19 NOTIFICATION OF OWNERSHIP CHANGES (OCT 1997)

52.216-24

LIMITATION OF GOVERNMENT LIABILITY (APR 1984)

TC "I.12 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)" \f C \l "2" 52.217-8

OPTION TO EXTEND SERVICES (NOV 1999)

TC "I.13 52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)" \f C \l "2"

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

52.219-8

UTILIZATION OF SMALL BUSINESS CONCERNS (MAY 2004)

TC "I.15 52.219-11 SPECIAL 8(a) CONTRACT CONDITIONS (FEB 1990)" \f C \l "2" 52.219-14

LIMITATIONS ON SUBCONTRACTING (DEC 1996)

52.222-1 NOTICE TO THE GOVERNMENT OF LABOR

DISPUTES (FEB 1997)

52.222-3

CONVICT LABOR (JUN 2003)

TC "I.19 52.222-21 PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)" \f C \l "2" 52.222-21

PROHIBITION OF SEGREGATED FACILITIES (FEB 1999)

TC "I.20 52.222-26 EQUAL OPPORTUNITY (APR 2002)" \f C \l "2" 52.222-26

EQUAL OPPORTUNITY (APR 2002)

TC "I.21 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS. [DEC 2001]" \f C \l "2" 52.222-35 EQUAL OPPORTUNITY FOR SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS. [DEC 2001]

TC "I.22 52.222-36 AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)" \f C \l "2" 52.222-36

AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES (JUN 1998)

TC "I.23 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)" \f C \l "2" 52.222-37 EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS, VETERANS OF THE VIETNAM ERA, AND OTHER ELIGIBLE VETERANS (DEC 2001)

TC "I.24 52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (JUL 2005)" \f C \l "2"

52.222-41 SERVICE CONTRACT ACT OF 1965, AS AMENDED (JUL 2005)

TC "I.27 52.223-5 POLLUTION PREVENTION AND RIGHT-TO-KNOW INFORMATION (AUG 2003)" \f C \l "2"

TC "I.28 52.223-6 DRUG-FREE WORKPLACE (MAY 2001)" \f C \l "2" 52.223-6

DRUG-FREE WORKPLACE (MAY 2001)

TC "I.29 52.223-10 WASTE REDUCTION PROGRAM (AUG 2000)" \f C \l "2"

52.223-10 WASTE REDUCTION PROGRAM (AUG 2000)

52.224-2

PRIVACY ACT

TC "I.30 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006)" \f C \l "2" 52.225-13

RESTRICTIONS ON CERTAIN FOREIGN PURCHASES (FEB 2006)

52.227-1 NOTICE AND ASSISTANCE REGARDING PATENT AND

COPYRIGHT INFRINGEMENT

52.227-12 PATENT RIGHTS – RETENTION BY THE CONTRACTOR

(LONG FORM) (JAN 1997)

TC "I.31 52.227-14 RIGHTS IN DATA--GENERAL (JUN 1987)" \f C \l "2"

52.227-17 RIGHTS IN DATA—SPECIAL WORKS (JUN 1987)

52.228-7

INSURANCE LIABILITY TO THIRD PERSONS (MAR 1996)

TC "I.32 52.228-12 PROSPECTIVE SUBCONTRACTOR REQUESTS FOR BONDS (OCT 1995)" \f C \l "2"

52.229-4 FEDERAL, STATE, AND LOCAL TAXES

(STATE AND LOCAL ADJUSTMENTS) (APR 2003)

52.232-1

PAYMENTS (APR 1984)

52.232-11

EXTRAS (APR 1984)

52.232-17

INTEREST (JUN 1996)

TC "I.35 52.232-23 ASSIGNMENT OF CLAIMS (JAN 1986)" \f C \l "2" 52.232-23

ASSIGNMENT OF CLAIMS (JAN 1986)

TC "I.36 52.232-25 PROMPT PAYMENT (OCT 2003)" \f C \l "2" 52.232-25

PROMPT PAYMENT (OCT 2003)

TC "I.37 52.232-33 PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003)" \f C \l "2" 52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER--CENTRAL CONTRACTOR REGISTRATION (OCT 2003)

TC "I.38 52.233-1 I DISPUTES (JUL 2002)--ALTERNATE I (DEC 1991)" \f C \l "2" 52.233-1

DISPUTES (JUL 2002)--ALTERNATE I (DEC 1991)

TC "I.39 52.233-3 PROTEST AFTER AWARD (AUG 1996)" \f C \l "2" 52.233-3

PROTEST AFTER AWARD (AUG 1996)

TC "I.40 52.237-2 PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)" \f C \l "2" 52.237-2

PROTECTION OF GOVERNMENT BUILDINGS, EQUIPMENT, AND VEGETATION (APR 1984)

TC "I.41 52.237-3 CONTINUITY OF SERVICES (JAN 1991)" \f C \l "2" 52.237-3

CONTINUITY OF SERVICES (JAN 1991)

TC "I.43 52.242-13 BANKRUPTCY (JUL 1995)" \f C \l "2" 52.242-13

BANKRUPTCY (JUL 1995)

TC "I.44 52.242-14 SUSPENSION OF WORK (APR 1984)" \f C \l "2"

52.242-14 SUSPENSION OF WORK (APR 1984)

52.242-17

GOVERNMENT DELAY OF WORK (APR 1984)

TC "I.45 52.244-2 SUBCONTRACTS (AUG 1998)" \f C \l "2" 52.243-1

CHANGES – FIXED-PRICE (AUG 1987)

52.244-2

SUBCONTRACTS (AUG 1998)

TC "I.46 52.245-4 GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) (JUN 2003)" \f C \l "2" 52.245-4

GOVERNMENT-FURNISHED PROPERTY (SHORT FORM) (JUN 2003)

TC "I.47 52.245-5 GOVERNMENT PROPERTY (COST-REIMBURSEMENT, TIME-AND-MATERIAL, OR LABOR-HOUR CONTRACTS) (MAY 2004)" \f C \l "2" 52.246-25

LIMTATION O9F LIABILITY – SERVICES (FEB 1997)

TC "I.49 52.248-1 VALUE ENGINEERING (FEB 2000)" \f C \l "2" 52.249-2

TERMINATION FOR CONVENIENCE OF THE GOVERNMENT (FIXED PRICE) (MAY 2004)

TC "I.50 52.249-6 IV TERMINATION (COST-REIMBURSEMENT) (MAY 2004)--ALTERNATE IV (SEP 1996)" \f C \l "2"

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

52.251-1 GOVERNMENT SUPPLY SOURCES (APR 1984)

TC "I.51 52.203-3 GRATUITIES (APR 1984)" \f C \l "2"

52.253-1 COMPUTER GENERATED FORMS (JAN 1991)