FE-09-R-003 LOTUS DATABASE SUPPORT.pdf

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER PAGE 1 OF

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE

DATE

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME b. TELEPHONE NUMBER (No collect calls)

8. OFFER DUE DATE/

LOCAL TIME

9. ISSUED BY

13b. RATING

14. METHOD OF SOLICITATION

CODE

15. DELIVER TO 16. ADMINISTERED BY CODE

18a. PAYMENT WILL BE MADE BY CODE 17a. CONTRACTOR/

OFFEROR

CODE

FACILITY

CODE

CODE

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED

RFQ IFB RFP

SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN

DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY

ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED

29. AWARD OF CONTRACT: REF.

DATED . YOUR OFFER ON SOLICITATION

(BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE

SET FORTH HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR

30b. NAME AND TITLE OF SIGNER (Type or print) 30c. DATE SIGNED

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

31b. NAME OF CONTRACTING OFFICER (Type or print) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 3/2005)

Prescribed by GSA - FAR (48 CFR) 53.212

10. THIS ACQUISITON IS

UNRESTRICTED OR

NAICS:

SIZE STANDARD:

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND

OFFER

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS

EMERGING SMALL

BUSINESS

8(A)

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

ARE ARE NOT ATTACHED

ARE ARE NOT ATTACHED

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

STANDARD FORM 1449 (REV. 3/2005) BACK

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42a. RECEIVED BY (Print)

42b. RECEIVED AT (Location)

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

40. PAID BY

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELPHONE NUMBER OF AUTHORZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED

CORRECT FOR

PARTIAL FINAL

37. CHECK NUMBER

38. S/R ACCOUNT NO. 39. S/R VOUCHER NUMBER

36. PAYMENT

COMPLETE PARTIAL FINAL

1-YEAR SUPPORT SERVICES - ESTIMATED HOURS

SHOWN

NTE

0001 LOTUS Database Services: SEE SOW FOR DETAIL -

MISCELLANEOUS TASK SPECIALTIES ANTICIPATED.

Developed Databases:

a. Certification

b. Enforcement Priority System

c. Litigation Brief Library

d. eReview (module 4 workflow)

4000.00 HR

SCHEDULE Continued

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

EXHIBIT B

FEC SOLICITATION & PROPOSAL REQUIREMENTS

NOTICE TO OFFERORS: All Technical and other related non-priced factors are considered to be significantly more important than price for this acquisition. Offerors must include a completed copy of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items with its offer or identify that their registration is current and available online at https://orca.bpn.gov/login.aspx, OR they will be considered non responsive.

QUESTIONS: All clarification or information requests must be in writing directed to Bret A. Zieman, Contracting Officer at bzieman@fec.gov .

A. FEC PROPOSAL PROVISIONS

1. Technical Proposal:

a. Technical: Resume for the individual or proposed group of individuals (team) that will be available to perform the requested services. Include all certificates earned and maintained that are related to the Networking services requested.

b. Past Performance: Three references for similar work that include:

• Customer name and address.

• Customer points of contact (name, title, telephone number and fax number and email address) for contractual matters (e.g. Contracting Officer) and technical performance (e.g. COTR).

• Contract number (if available).

• Total dollar value of the contract. If performed as part of a team, provide the dollar value of your firm’s contribution.

• Period of contract performance.

• Description of services provided, including the specific services provided by your firm.

• Describe participation by any individuals proposed as key personnel for the contract.

2. PRICE PROPOSAL: Hourly price for the individual(s) to perform the work. All inclusive rates, the FEC will not reimburse for travel, parking, or any other items. Please list all possible worker specialties and pricing (i.e. Sr. Domino analyst, Jr. Analyst, Sr. Programmer etc) that may need to be used for this effort.

Historical: We do not anticipate using more than 3,000 combined hours for these services.

3. Electronic Proposal Copies: The offeror shall provide one electronic version of all submitted items to bzieman@fec.gov.

https://orca.bpn.gov/login.aspx mailto:bzieman@fec.gov

STATEMENT OF NEED

LOTUS SYSTEMS MAINTENANCE AND DEVELOPMENT

Federal Election Commission (FEC)

A. Introduction: The Federal Election Commission is an independent regulatory agency charged with administering and enforcing the Federal Election Campaign Act (FECA) of 1975 – the statute that governs the financing of federal elections. The duties of the FEC are to disclose campaign finance information, to enforce the provisions of the law such as the limits and prohibitions on contributions, and to oversee the public funding of presidential elections. The FEC opened its doors in 1975 and administered the first publicly funded presidential election in 1976. The Office of Information Technology (OIT) operates and supports the FEC’s information technology systems.

B. Objective: To provide the FEC with Lotus Domino Systems development and maintenance of existing system data bases. The FEC currently utilizes the following Domino Systems in the performance of its mission:

1. Enforcement Priority System

2. Commission Research Database

3. Certification Data Base

4. Various Commission Secretary Office workflow processes

5. Electronic Voting System

There is a need for increased workflow processes, and additional Domino Systems to facilitate FEC mission execution.

C. Tasks: The contractor will be responsible to perform the following tasks:

1. Develop new Lotus Domino Systems as required from various FEC offices in support of mission needs.

2. Maintain, update, modify current Lotus Domino Systems and future developed systems as necessary.

3. Provide consultation in the use and deployment of Lotus Notes and Lotus Domino Systems.

D. Deliverables

1. Design document for all newly developed Domino Systems.

2. System User manual for all newly developed Domino Systems.

3. Bi-weekly progress report on open actions (Task Orders)

E. Government Furnished Equipment: The FEC shall provide office space, and computer equipment for one contractor personnel (on-site) as required. The FEC will also provide the level of access required, as mutually agreed upon, to perform the tasks contained in this order.

F. Place of Performance: The place of performance shall be at the Federal Election Commission offices at 999 E ST NW Washington DC. The FEC shall provide space for 1 contractor personnel to include computer equipment and support, access to the FEC network and an e-mail account.

G. Estimated Period of Performance: The period of performance is from contract award through

September 30, 2009.

H. Notice to the FEC of Delays: The Contractor shall furnish written notice of any delay or potential situation that may cause delay in their capability to meet the delivery and/or performance schedule set forth in this delivery order. Such notice may be provided verbally to the COR or his or her designee, and Contracting Officer, then followed-up in writing within 48 hours after the verbal notice. The

STATEMENT OF NEED

LOTUS SYSTEMS MAINTENANCE AND DEVELOPMENT

Federal Election Commission (FEC) notification shall fully describe the cause for delay, the expected date of delivery and/or performance, and any remedies the Contractor proposes to mitigate the delay. This notification does not relieve the Contractor of its obligation to meet the delivery and/or performance schedule of this task order nor should this notification be construed as a waiver by the FEC of any delivery schedule or date, or any rights or remedies provided under this task order.

I. Identification Badges: The FEC Contracting Officer's Technical Representative (COTR) shall ensure that all vendor personnel are issued proper building access/contractor identification badges.

J. Incidental Services, Travel, and Expenses: ALL cost for local (Washington, D.C. metropolitan area) services, travel, and expenses incurred incident to performance of this task order shall be borne by the contractor. There is NO anticipated travel for this work outside of the HQ location.

SECTION I CONTRACT CLAUSES

I. 1 FAR COMMERCIAL

I. 2 FEC PROVISIONS-CLAUSES

SECTION K REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K. 1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2007)

SECTION L INSTRUCTIONS, CONDITIONS, AND NOTICES TO OFFERORS

L. 1 52.212-1 INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (NOV 2007)

SECTION M EVALUATION FACTORS FOR AWARD

M. 1 52.212-2 EVALUATION--COMMERCIAL ITEMS (JAN 1999)

Table of Contents

SECTION I

CONTRACT CLAUSES

I. 1 FAR COMMERCIAL

FAR CLAUSES BY REFERENCE:

52.212-3 Offeror Representations and Certifications—Commercial Items. (June 2008) 52.212-4 Contract Terms and Conditions—Commercial Items. (Feb 2007)

FAR CLAUSES IN FULL TEXT:

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL

ITEMS. (JUNE 2008)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(2) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Pub. L. 108-77, 108-78)

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) 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.]

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

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

__ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(JULY 2005) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

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

__ (ii) Alternate I (Oct 1995) of 52.219-6.

__ (iii) Alternate II (Mar 2004) of 52.219-6.

__ (6)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (7) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)).

__ (8)(i) 52.219-9, Small Business Subcontracting Plan (Apr 2008) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (9) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

__ (10) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (11)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (SEPT 2005) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

__ (ii) Alternate I (June 2003) of 52.219-23.

__ (12) 52.219-25, Small Disadvantaged Business Participation Program—Disadvantaged Status and

Reporting (Apr 2008) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (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).

__ (14) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

(May 2004) (15 U.S.C. 657 f).

__ (15) 52.219-28, Post Award Small Business Program Rerepresentation (June 2007) (15 U.S.C.

632(a)(2)).

__ (16) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (17) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Feb 2008) (E.O. 13126).

__ (18) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

__ (19) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

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

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

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

__ (23) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(Dec 2004) (E.O. 13201).

__ (24)(i) 52.222-50, Combating Trafficking in Persons (Aug 2007) (Applies to all contracts).

__ (ii) Alternate I (Aug 2007) of 52.222-50.

__ (25)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated

Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)).

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).

__ (26) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C. 8259b).

__ (27)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer

Products (DEC 2007) (E.O. 13423).

__ (ii) Alternate I (DEC 2007) of 52.223-16.

__ (28) 52.225-1, Buy American Act—Supplies (June 2003) (41 U.S.C. 10a-10d).

__ (29)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (Aug 2007)

(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).

__ (ii) Alternate I (Jan 2004) of 52.225-3.

__ (iii) Alternate II (Jan 2004) of 52.225-3.

__ (30) 52.225-5, Trade Agreements (NOV 2007) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (31) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (32) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

__ (33) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

__ (34) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002)

(41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (35) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

__ (36) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration (Oct 2003)

(31 U.S.C. 3332).

__ (37) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor Registration

(May 1999) (31 U.S.C. 3332).

__ (38) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

__ (39) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (40)(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).

__ (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.]

__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (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.).

__ (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.).

__ (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.).

__ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

__ (7) 52.237-11, Accepting and Dispensing of $1 Coin (Aug 2007) (31 U.S.C. 5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settelement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in paragraphs (i) through (vii) of this paragraph in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(ii) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

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

(iv) 52.222-36, Affirmative Action for Workers with Disabilities (June 1998) (29 U.S.C. 793).

(v) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees

(Dec 2004) (E.O. 13201).

(vi) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(vii) 52.222-50, Combating Trafficking in Persons (Aug 2007) (22 U.S.C. 7104(g)). Flow down required in accordance with paragraph (f) of FAR clause 52.222-50.

(viii) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(x) 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). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) Alternate I (Feb 2000). As prescribed in 12.301(b)(4), delete paragraph (d) from the basic clause, redesignate paragraph (e) as paragraph (d), and revise the reference to “paragraphs (a), (b), (c), or

(d) of this clause” in the redesignated paragraph (d) to read “paragraphs (a), (b), and (c) of this clause.”

I. 2 FEC PROVISIONS-CLAUSES

FEC CLAUSES & SPECIAL PROVISIONS "SERVICE RELATED AWARDS"

“OPEN MARKET” AWARDS

ORDER OF PRECEDENCE: The following clauses and provisions shall take precedence over any conflicting terms and conditions included within the Contractor's quotation or elsewhere.

1. Central Contractor Registration (CCR): As part of doing business with the Federal government, it is mandatory that vendors/contractors providing supplies or services to the Federal government register and maintain an active account for their business in the Central Contractor Registration (CCR) database – http://www.bpn.gov. CCR validates the registrant information and electronically shares the secure encrypted data with federal agencies’ finance offices to facilitate payments through electronic funds transfer (EFT).

2. Release of Information: No FEC data shall be divulged to any unauthorized person for any purpose. The contractor shall clear with the Contracting Officer (CO) any public release of information on this contract/order, to include news stories, articles, sales literature, advertisements, radio-TV spots, etc. Any request for public release of information should be addressed to:

Federal Election Commission Office of the CFO Director of Procurement #819-H 999 E Street, NW, Washington, D.C. 20463

3. Handling of third-party requests for access to records: In the event that the Contractor receives a subpoena or any other request for access to data first produced under this contract, the Contractor shall immediately notify the Contracting Officer Technical Representative (COTR) and the CO, so that the Government may intervene or take action it deems necessary to protect it’s interests.

4. NON-DISCLOSURE OF CONFIDENTIAL DATA STATEMENT: As Required in writing by either the Contracting Officer or COTR - - Within two weeks of receipt of notice of award, the contractor shall provide a signed copy of the FEC Non-Disclosure Agreement (See Attachment) for all personnel involved in the engagement. Approved replacement personnel shall provide a completed agreement when assigned to this contract. No access will be given until the Non-Disclosure Agreements are provided to the Contracting Officer with a copy to the COTR.

5. COTR. The contractor may only accept technical direction during the period of performance from the COTR, providing such direction is within the scope of the contract/order.

A. The COTR is not authorized to change the scope of work as stated in the contract/order or obligate the Government (FEC) in any way. The CO is the only agent for the FEC who has the authority to obligate the FEC or change the contract/order terms and conditions. Any such revision or obligation shall be authorized in writing only by the CO. Any monies incurred beyond the dollar amount specified in this contract/order or its modifications may not be paid and does not warrant interest payments as stipulated under the Prompt Payment Act.

B. COTR Responsibilities: The COTR for this contract may NOT reassign task monitor duties to other FEC staff, without written approval from the Contracting Officer. In the event of reassignment of tasks, the primary COTR still remains the responsible individual for overall monitoring responsibilities. All changes to the contract will be requested and/or executed in writing and can only be issued by the Contracting Officer. The COTR is responsible for:

(1) Monitoring the contractor’s technical progress, including the assessment of performance and recommending to the CO changes in scope of work, contract/order schedules and/or specifications to meet changes in requirement;

(2) Advising on technical matters within the scope of work;

(3) Performing technical evaluation as required;

(4) Performing technical inspections and acceptances required by this contract/order;

and

(5) Assisting the contractor in the resolution of technical problems encountered during performance.

*All technical direction shall be in writing (hardcopy or email). If at anytime the Contractor feels the direction is outside of the scope of agreed to services they shall immediately seek out the Contracting Officer with a written request for determination and final decision. Any work performed prior to a decision or in conflict of the decision is subject to non-payment and if needed will be resolved through the “Disputes” clause of the FAR.

6. Payment: Original invoices are to be submitted to the billing office identified below. For purposes of this contract/order the designated payment office is:

Federal Election Commission Finance Office – Room 820-A 999 E Street NW, Washington, D.C. 20463

PREFERRED INVOICE METHOD: Contractor may also invoice via electronically sending the invoice to:

fecinvoices@fec.gov – when sending via email please request return receipt verification.

7. Invoice Requirements: All Invoices must include the following information:

A. Name and address of contractor.

B. Invoice Date.

C. FEC Contract/Order Number D. Line Item(s) being invoiced. [As shown on the actual FEC Order/Price Schedule and when applicable, Name, title, hourly rate and hours charged to each labor category for each contractor staff for the current month for the applicable sub-part.]

E. Any corrections to previous month’s charges for an applicable sub-part will be reported separately and clearly with a narrative.

F. Any information or documentation required by provision of the contract/order.

NOTE: Contractor payment/financial information is obtained through the Central Contractor Registration (CCR) Database by our payment operations center. It is the contractor's responsibility to ensure that the CCR contains accurate payment information and that the CCR account is in an active status.

Invoices paid late because of inaccurate CCR information are not subject to interest payments under the Prompt Payment Act.

8. Inspection and Acceptance: Inspection and Acceptance will be accomplished by the COTR for services performed/delivered. The Government may accept, conditionally accept, or reject any deliverables within the review periods allotted by the statement of work. A notice of conditional acceptance shall state any corrective action required by the Contractor. If the deliverable is rejected, the Contractor may be required, at the option of the Government, to correct any or all of the deliverable and bear all costs associated with the correcting. The Government shall take action on the corrected deliverable within the time frame specified. Contracting Officer's Technical Representative shall be responsible for receipt of all deliverables.

9. PLACE OF PERFORMANCE: Unless stated elsewhere within the agreement, the contractor shall be onsite at FEC, located at 999 E Street, NW, Washington, D.C. 20463.

10. ALTERNATE WORK LOCATION: Upon approval by the COTR, the contractor may perform part of the review at an alternate contractor location. Any request for this action must be approved by the Contracting Officer and noted in the agreement prior to award or via modification if changed after award.

11. TRAVEL: Unless otherwise stated elsewhere, travel is not required and will not be approved for this contract.

12. PERIOD OF PERFORMANCE: To be determined by the proposed and/or negotiated project schedule for the FEC Needs advertised for this procurement action. See final Project Schedule. If delivery of products, note the line items on the Schedule and Contractor quote/proposal.

13. GOVERNMENT FURNISHED PROPERTY/SERVICES: Unless otherwise stated temporary work space will not be provided under this agreement.

14. CONTRACTOR FURNISHED: The contractor shall provide ALL items/labor/services not furnished by FEC in paragraph #13 and as associated with full performance of the advertised FEC need.

ADDITIONAL SECURITY REQUIREMENTS

(On-Site and Off-Site (as required))

15. SECURITY REQUIREMENTS: All contractor personnel working on FEC premises shall adhere to FEC security requirements. Presently, contractor personnel are required to wear identification badges while on-site. The contractor is responsible for assuring that ID badges, access cards, and any other Government-owned property, are promptly returned to the FEC at the conclusion of the employee’s work at the site, and shall be returned at any other time upon request of the FEC. All FEC furnished materials must be stored securely at all times. Secure storage facilities will be provided at 999 E Street NW Washington, DC 20463.

A. Clearance Requirements for Contractor Personnel:

1) Authority: Because Contractor personnel may have access under this contract to sensitive agency data and computer equipment subject to strict security controls, and/or may have access to a Federal facility/building, the clearance procedures set forth in this section are necessary and shall be used to determine the suitability of such individuals for such purposes, under the following authorities: NIST Publication SP 800-4 (1992) (Computer Security Considerations in Federal Procurements); the Privacy Act, 5 U.S.C. 552a, which requires agencies to establish procedures and safeguards to protect agency systems of records pertaining to individual; and Office of Personnel Management (OPM) regulations, relating to background investigations of contractor personnel, 5 C.F.R.

Part 736. Contractor badging occurs every Wednesday. Contractor employees may begin work on any day of the week, as directed by the COTR, but will not have access to information technology (e.g., username and password) until processed through the Security Office and applicable FEC IT requirements have been met.

2) Applicability: The procedures in this section shall apply to all individuals fulfilling any of the requirements set forth in this contract.

B. Procedures: If the contract requires the contractor and/or any subcontractor to be onsite at the headquarters FEC location or one of its contingent locations for a period of thirty-days or more the contractor will follow the procedures outlined within the following guidance unless as determined by the FEC Human Resource’s Office they can be exempted. The COTR shall provide each such individual with a copy of the procedures set in this section before or at the time that such individual applies for clearance.

1) Fingerprinting and Forms submission: Each individual employed or otherwise retained by the Contractor to perform work under this contract shall be fingerprinted at the FEC's Human Resources Office, and shall also submit to the Contracting Officer's Technical Representative (“COTR”) one completed Optional Form (“OF”) 306 (“Declaration for Federal Employment,” answer Questions 1,7-12, 15, and 16a only). The Contractor shall be responsible for all costs associated with completing the forms required by the FEC's Human Resources Office. Completed forms shall be submitted to the COTR, without alteration or changes to said forms, at least 10 working days before the individual may begin work or be given access to any agency records, data, or information in connection with this contract.

Contractor processing occurs on Wednesdays only. Contractor employees may begin work on days other than Wednesdays but will not be issued contractor badges nor will be granted unlimited access to FEC facilities and systems.

2) Additional Forms: In addition to the above forms, individuals employed or retained by the Contractor to fulfill contract positions or duties for 180 days or more, and any individual designated to fulfill certain sensitive contract positions or duties as determined by the FEC’s Human Resources Office, shall be required to submit to the COTR, one SF85 or SF85P (and any additional investigative forms) based on a risk determination by the FEC Human Resources Office that shall take into account the sensitivity level of the contract position or duties assigned to the individual, the individual’s access, if any, to nonpublic or confidential information, and any other relevant considerations. The individual must submit these additional forms to the COTR at least 5 working days before such individual is scheduled to start work or to obtain access to agency records, data, or information under the contract.

3) Background investigations: The FEC Human Resources Office shall screen all forms for any adverse or derogatory information, as denoted, for example, by a “yes” to questions 8-12, by additional information in Block 15 on the OF306, or by information on any additional forms that may be required, as discussed above. If the individual has any adverse or derogatory information, the FEC shall conduct a background investigation before s/he is permitted to begin work or be given access to agency records, data, or information under this contract. The background investigation may be conducted in cooperation with or with the assistance of other relevant government agencies or entities, including, but not limited to, OPM, including referral to appropriate law enforcement authorities in the event of material falsification or other evidence of unlawful conduct. To the extent agency records pertaining to these background investigations are subject to the Privacy Act, such records shall be maintained and used in accordance with the applicable Privacy Act system notice(s) pertaining to the agency’s personnel background investigations. (Note: Neither the maintenance of such records in the above-described system(s), nor the fact that this contract requires individuals to complete certain forms or submit to background investigations that may also apply to FEC employees, shall be deemed to render such an individual a Government or FEC employee in any manner).

If, as a result of a background investigation, significant adverse or derogatory information is found that may result in a unsuitability determination, the FEC Human Resources Office shall notify the COTR and the relevant individual. The individual will be notified in writing (Statement of Reasons) of the derogatory information and shall have 30 days to respond or dispute the results of the investigation.

If the FEC Human Resources Office, after receiving the individual’s response, still determines that the individual is unsuitable to fulfill the contract position or duties in question, the individual will be notified in writing of that final determination and disqualification.

4) Suitability Determinations: The Government shall have and exercise full and complete control over these suitability determinations. The Government may, as it deems appropriate, authorize and grant temporary access and/or interim clearance to employees of the Contractor. However, the granting of temporary access and/or interim clearance to any such individual shall not be considered as assurance that a fully favorable suitability determination will follow as a result or condition thereof, and the granting of either temporary access and/or interim clearance shall in no way prevent, preclude or bar the withdrawal or termination of any such access or clearance by the Government. Failure of an individual to follow the required procedures by this contract may result in suspension/termination of such individual’s FEC clearance/access.

C. RESERVED

D. Handling of third-party requests for access to records. In the event that the Contractor receives any subpoena or other voluntary or mandatory request for access to data first produced under this Contract, the Contractor shall immediately notify the COTR and the CO, so that the Government may intervene or take any other steps it deems necessary to protect its interests.

E. Data Breaches. The contractor shall comply with all contractual and Federal information security, privacy and confidentiality requirements applicable to the operation, maintenance or support of a Federal information system this includes FEC internal IT security policies, the contractor shall be required to prevent and remedy data breaches and to provide the FEC with all necessary information and cooperation, and to take all other reasonable and necessary steps and precautions, to enable the FEC to satisfy its data breach reporting duties under applicable law, regulation, or policy in the event, if any, that a breach occurs. Special attention should be paid to OMB Memorandum 06-19 (July 12, 2006), particularly the extremely urgent reporting time frames included therein for certain breaches, as well as to any other subsequent laws, regulations, or policy governing data breaches that may arise during the performance of the contract.

16. ORGANIZATONAL CONFLICTS OF INTEREST (OCI): If the contractor is aware, or becomes aware during the period of performance of this contract, of any facts that might create an actual or potential conflict of interest, the contractor shall immediately provide a detailed disclosure of such facts to the COTR and the Contracting Officer. At the request of the COTR or the Contracting Officer, the contractor shall provide a conflict of interest avoidance or mitigation plan to the COTR and the Contracting Officer. If such a plan is requested, continued performance under this contract may be conditional upon the Contracting Officer’s approval of the plan. If approved by the Contracting Officer, the conflict of interest avoidance or mitigation plan shall be deemed incorporated into this contract, pursuant to this provision. This provision shall be included in any teaming or subcontract agreements with respect to work performed under this contract.

17. ACCESS TO DATA: The contractor shall have access to the information and individuals necessary to conduct the work outlined within the contract agreement. Should the contractor encounter excessive delays in getting access to data, the circumstances should be brought to the attention of the COTR for immediate resolution. As a minimum, delays of four business days or more past the promised delivery time or unreasonable promised delivery times may be considered excessive for purposes of notifying the

COTR.

18. TECHNICAL DIRECTION AND SURVEILLANCE

A. Performance of work under this contract shall be subject to the surveillance and written technical direction of the COTR and Contracting Officer. The term “technical direction” is defined to include:

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

1) Assigns additional work outside the Statement of Work for the order;

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

3) In any manner causes an increase or decrease in the order price or the time required for performance;

4) Changes any of the expressed terms, conditions or specifications of the contract; or

5) Interferes with the contractor’s right to perform the terms and conditions of the contract.

B. All technical direction (within the scope of the contract) shall be issued in writing by the COTR or the CO in the absence of the COTR. The contractor shall proceed promptly with the performance of technical directions duly issued by the COTR in the manner prescribed in this clause and within his/her authority under the provisions of this clause.

1) If, in the opinion of the contractor, any instruction or direction by the COTR would increase the cost of the contract or result in work outside the scope of this contract, the contractor shall not proceed but shall immediately notify the Contracting Officer in writing with a request for modification or equitable adjustment. It is anticipated that within 30 days of receiving the notification from the contractor, the Contracting Officer will either issue an appropriate contract modification or advise the contractor in writing of what actions need to occur.

2) A failure of the contractor and Contracting Officer to agree that the technical direction is within the scope of the contract, or a failure to agree upon the contract action to be taken with respect thereto shall be subject to the provisions of the “Disputes” clause of the contract.

19. KEY PERSONNEL (As required by the SOW and agreement)

A. Key Personnel: The key personnel for this contract are those individuals proposed and accepted by the Contracting Officer as part of the contract proposal process. The FEC reserves the right to review employees’ resumes and qualifications prior to acceptance of individuals proposed for individual contract assignments or the request for new or replacement personnel.

1) The contractor shall provide written notification of any substitution of key personnel to the COTR and Contracting Officer for approval at least 15 calendar days prior to changes in key personnel assigned to this contract. The contractor shall supply written justification as part of this notice as to the circumstances necessitating the proposed replacement of these key personnel and shall provide the names(s) and resume(s) of the proposed replacements and their training profiles.

Substituted personnel shall have at least equal or better qualifications as the initial personnel.

2) If, during performance of this contract, the contractor proposes to add additional personnel to the effort, a written request, with resumes, shall be submitted to the COTR and Contracting Officer for approval and acceptance of the proposed personnel. All approvals will be in writing from the Contracting Officer.

3) Upon receiving written or verbal notice from the Contracting Officer that the employee’s performance is unsatisfactory, the contractor shall immediately remove any employee from performance of work under this contract, and shall expeditiously replace that employee via replacement procedures. At no time during the performance of this contract shall a substitution cause any increase in the firm-fixed price of the contract.

20. Task Order Limitations "Optional Services" (As required by the SOW and agreement)

A. Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $3,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

B. Maximum order. No Maximum Order limitation.

C. The Contractor shall honor any order unless that order (or orders) is returned to the ordering office within 5 work days after issuance, with written notice stating the Contractor’s intent not to perform services as stated within the order and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source. The Contractor file may be noted for "non-performance" and that data may be used when evaluating the issuance of future orders.

D. Only the Contracting Officer can issue a task order for "Optional Services" under the Schedule.

21. Compliance with Applicable Laws and Regulations

A. The contractor shall ensure that all systems and services provided to the FEC under this contract comply with all applicable laws, statutes, regulations, and guidelines that govern the operation of Information Technology and related systems by a Government Agency. The contractor shall be required to comply with all requirements applicable by law, regulation, policy, or as otherwise stated elsewhere in this document, to protect the privacy and security of information about individuals the contractor collects and maintains on the FEC's behalf. These requirements shall include, but are not limited to, providing appropriate written or other notice to individuals whenever collecting information (e.g., claims forms, Web forms, IVRs, etc.) based on text to be provided or approved by the FTC.

B. The contractor also shall ensure that all systems and services provided to the FEC under this contract comply with all FEC mandated procedures, standards, and requirements.

C. WEBSITE LISTINGS: The following are some known websites for applicable law/regulation data:

1) ACQUISITION CENTRAL an E-Gov Initiative (regulations, systems, resources) http://acquisition.gov/

2) Federal Information Processing Standards – available at http://www.itl.nist.gov/fipspubs

3) Online Reps and Certs: https://orca.bpn.gov/login.aspx

4) Government Regulations: http://www.regulations.gov/fdmspublic/component/mainComputer

5) Government Accountability Office: http://www.gao.gov

6) Office of Management and Budget: http://www.whitehouse.gov/omb

22. FAR PRIVACY ITEMS:

52.224-1 PRIVACY ACT NOTIFICATION. (APR 1984) : THE CONTRACTOR WILL BE REQUIRED TO DESIGN, DEVELOP, OR OPERATE A SYSTEM OF RECORDS ON INDIVIDUALS, TO ACCOMPLISH AN AGENCY FUNCTION SUBJECT TO THE PRIVACY ACT OF 1974, PUBLIC LAW 93-579, DECEMBER 31, 1974 (5 U.S.C. 552A) AND APPLICABLE AGENCY REGULATIONS.

VIOLATION OF THE ACT MAY INVOLVE THE IMPOSITION OF CRIMINAL PENALTIES.

52.224-2 PRIVACY ACT (APR 1984)

(A) THE CONTRACTOR AGREES TO—

(1) COMPLY WITH THE PRIVACY ACT OF 1974 (THE ACT) AND THE AGENCY RULES AND REGULATIONS ISSUED UNDER THE ACT IN THE DESIGN, DEVELOPMENT, OR OPERATION OF ANY SYSTEM OF RECORDS ON INDIVIDUALS TO ACCOMPLISH AN

AGENCY FUNCTION WHEN THE CONTRACT SPECIFICALLY IDENTIFIES—

(I) THE SYSTEMS OF RECORDS; AND

(II) THE DESIGN, DEVELOPMENT, OR OPERATION WORK THAT THE CONTRACTOR IS TO PERFORM;

(2) INCLUDE THE PRIVACY ACT NOTIFICATION CONTAINED IN THIS CONTRACT IN EVERY SOLICITATION AND RESULTING

SUBCONTRACT AND IN EVERY SUBCONTRACT AWARDED WITHOUT A SOLICITATION, WHEN THE WORK STATEMENT IN THE PROPOSED SUBCONTRACT REQUIRES THE REDESIGN, DEVELOPMENT, OR OPERATION OF A SYSTEM OF RECORDS ON

INDIVIDUALS THAT IS SUBJECT TO THE ACT; AND

(3) INCLUDE THIS CLAUSE, INCLUDING THIS PARAGRAPH (3), IN ALL SUBCONTRACTS AWARDED UNDER THIS CONTRACT WHICH REQUIRES THE DESIGN, DEVELOPMENT, OR OPERATION OF SUCH A SYSTEM OF RECORDS.

(B) IN THE EVENT OF VIOLATIONS OF THE ACT, A CIVIL ACTION MAY BE BROUGHT AGAINST THE AGENCY INVOLVED WHEN THE VIOLATION CONCERNS THE DESIGN, DEVELOPMENT, OR OPERATION OF A SYSTEM OF RECORDS ON INDIVIDUALS TO ACCOMPLISH AN AGENCY FUNCTION, AND CRIMINAL PENALTIES MAY BE IMPOSED UPON THE OFFICERS OR EMPLOYEES OF THE AGENCY WHEN THE VIOLATION CONCERNS THE OPERATION OF A SYSTEM OF RECORDS ON INDIVIDUALS TO ACCOMPLISH AN AGENCY FUNCTION. FOR PURPOSES OF THE ACT, WHEN THE CONTRACT IS FOR THE OPERATION OF A SYSTEM OF RECORDS ON INDIVIDUALS TO ACCOMPLISH AN AGENCY FUNCTION, THE CONTRACTOR IS CONSIDERED TO BE

AN EMPLOYEE OF THE AGENCY.

(C)(1) “OPERATION OF A SYSTEM OF RECORDS,” AS USED IN THIS CLAUSE, MEANS PERFORMANCE OF ANY OF THE ACTIVITIES ASSOCIATED WITH MAINTAINING THE SYSTEM OF RECORDS, INCLUDING THE COLLECTION, USE, AND

DISSEMINATION OF RECORDS.

(2) “RECORD,” AS USED IN THIS CLAUSE, MEANS ANY ITEM, COLLECTION, OR GROUPING OF INFORMATION ABOUT AN INDIVIDUAL THAT IS MAINTAINED BY AN AGENCY, INCLUDING, BUT NOT LIMITED TO, EDUCATION, FINANCIAL TRANSACTIONS, MEDICAL HISTORY, AND CRIMINAL OR EMPLOYMENT HISTORY AND THAT CONTAINS THE PERSON’S NAME, OR THE IDENTIFYING NUMBER, SYMBOL, OR OTHER IDENTIFYING PARTICULAR ASSIGNED TO THE INDIVIDUAL, SUCH AS

A FINGERPRINT OR VOICEPRINT OR A PHOTOGRAPH.

(3) “SYSTEM OF RECORDS ON INDIVIDUALS,” AS USED IN THIS CLAUSE, MEANS A GROUP OF ANY RECORDS UNDER THE CONTROL OF ANY AGENCY FROM WHICH INFORMATION IS RETRIEVED BY THE NAME OF THE INDIVIDUAL OR BY SOME IDENTIFYING NUMBER, SYMBOL, OR OTHER IDENTIFYING PARTICULAR ASSIGNED TO THE INDIVIDUAL.

23. ASSIGNMENT OF CONTRACTING OFFICER

Mr. Bret A. Zieman, Director of Procurement Office of the CFO Federal Election Commission 999 E Street NW, Washington, DC 20463

RM: 819-H

Phone No. (202) 694-1225 Fax No. (202) 219-3803 E-mail: bzieman@fec.gov

SECTION K

REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

K. 1 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (NOV 2007)

An offeror shall complete only paragraph (l) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (b) through (k) of this provision.

(a) "Definitions." As used in this provision-- "Emerging small business" means a small business concern whose size is no greater than 50 percent of the numerical size standard for the NAICS code designated.

"Forced or indentured child labor" means all work or service--

(1) Exacted from any person under…