USCB-2010-08-06-RFP-Commercial Databases - Amend1.final.pdf

U.S. CENSUS BUREAU

AUGUST 6, 2010

COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL DATABASES

DOCUMENT #USCB-2010-08-06-RFP-COMMDB

THROUGH AMENDMENT 1, DATE AUGUST 20, 2010.

Amendment 1 – August 20, 2010 hereby incorporates the following changes:

1. Section 3 is amended to correctly identify the referenced Federal Acquisition Circular as

2005-44.

2. Section 8(b)(7) is amended to change reference from ―Section C‖ to ―Section 6.3 and 7‖.

3. Section 8(b)(11) is amended to require price proposals be submitted in a separate file from technical proposals.

4. Section 8(d)(1) is amended to require, no later than Friday, August 27, 2010, information about the size, format, and IP address for sample commercial databases two weeks prior to delivery of the actual data. This information is necessary in order for the Government to establish a Secure File Transfer Protocol (SFTP) for ingesting the sample databases.

5. Section 8(f)(1) is amended to clarify that all times in the Synopsis/Solicitation are Eastern

Standard Time (EST).

6. Section 9(a), Factor 1, is amended to change reference from ―Section C‖ to ―Section 6.3 and 7‖.

7. Section 15, Acquisition Schedule and Proposal Dates, is amended to include the requirement for sample database information to be submitted no later than Friday, August

27, 2010.

8. Section J-3, Census Bureau response to Offerors questions, is amended into the

Synopsis/Solicitation.

(end of Amendment Description)

1. This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

2. This solicitation is issued as Request for Proposal (RFP) Number USCB-2010-08-06-RFP-

COMMDB.

3. The solicitation document and incorporated provisions and clauses are those in effect through

Federal Acquisition Circular 20042005-44.

4. The NAICS code and small business size standard for this acquisition is 511140 – Directory and Mailing List Publishers – Small Business Size standard is 500 employees. This solicitation is not set-aside for Small Businesses.

5. CONTRACT LINE ITEMS AND PRICING SCHEDULE

The price of the contract is [to be determined before award]. The prices set forth below shall apply for payment purposes for all items acquired under this contract. The Contractor may not charge the Government for any items acquired under this contract at any prices other than those specified below:

CLIN ITEM DESCRIPTION PERIOD QTY/ PRICE

0001 License Fee

0002 Commercial Database – Base Year

0003 Commercial Database – Option 1

0004 Commercial Database – Option 2

0005 Commercial Database – Option 3

6. DESCRIPTION OF REQUIREMENTS

6.1 Background

The Census Bureau conducts research and production work using administrative record data to enhance numerous programs and products. The Census Bureau enters into agreements with data providers, including federal, state, and private entities, to acquire data files. These data are used to support planning and conducting future decennial censuses, current surveys such as the

American Community Survey (ACS), and other Census Bureau demographic and economic research and production work. The Census Bureau will use the data acquired in the contract to carry out the aforementioned research and production work, to include the 2010 Census Match

Study.

6.2 2010 Census Match Study

This 2010 Census Match Study seeks to determine how administrative record data can enhance decennial census operations. The 2010 Census Match Study will evaluate the administrative data coverage of population counts and persons at addresses for completeness and correctness compared to Census Bureau data. This will be accomplished through a simulation, matching the

2010 Census results to multiple federal and commercial databases. Data that best represents people and addresses for April 1, 2010 are required to align the administrative data universe to the 2010 Census universe for the address-level and person-level comparisons. The address- and person-level commercial data will be matched to 2010 Census data to evaluate the accuracy of information in the commercial data. Address-level and person-level data will be compared to existing data and duplicate records will be eliminated. Results from the evaluation will be used to develop survey frames and to enhance the record linkage.

6.3 Specific Requirements

The Contractor shall provide data to support the work described above, including one or more commercial databases as specified below. The database(s) acquired under this contract shall contain information for all persons and all addresses in the United States, including the 50 states and the District of Columbia, and Puerto Rico (if available) to simulate a census enumeration.

The 2010 Census questionnaire contains 10 questions. For this study, commercial data for all 10 questions are desirable. (A copy of the 2010 Census Questionnaire is included as Attachment 1.)

These desired address-level and person-level data elements are further described below.

6.3.1 Overall database requirements (metadata, universe, vintage, format, and delivery)

1) The Contractor shall describe the processing of the data contained in the database.

2) The Contractor shall provide a data dictionary, including a description of the data fields with the valid values. The data dictionary shall denote how often each value for each variable is populated.

3) The database shall have coverage for all addresses and persons in the United States

(the 50 states and the District of Columbia) and Puerto Rico (if available).

4) The Contractor shall deliver a database with the best and most complete information about persons and addresses for April 1, 2010 and subsequent reference dates, if applicable.

5) The Contractor shall deliver a database in a fixed-length ACSII format, via secure file transfer protocol (SFTP).

6) The Contractor shall provide technical support regarding file structure and delivery, file contents and completeness, and data consistency over time.

6.3.2 Data Elements –

NOTE TO OFFERORS – The Offeror shall provide, at a minimum, the primary data elements described in Section 6.3.2.1 in order to be considered for award. Proposals which do not include data for Puerto Rico will be considered for award, but the lack of Puerto Rico data could factor into the Government’s best value determination and resulting award decision.

6.3.2.1 Primary data elements to tabulate population counts in the correct geography:

1) Complete location and mailing address –

a. For city-style addresses including: House Number, Street Name, Suffix, Directional, Unit Number (as applicable), City, State, ZIP Code

b. For non city-style addresses including: Either Rural Route Number and Rural

Route Box Number or P.O. Box Number, and City, State, ZIP Code

c. For Puerto Rico addresses, if applicable, including: House Number, Street

Name, Suffix, Directional, Unit Number (as applicable), Urbanization, Area

Name, ZIP code

2) Name (complete first name, middle name, last name(s) and suffix)

3) Date of birth (month, day, and year)

4) Last date record was updated

Although the secondary and tertiary data elements described in 6.3.2.2 and 6.3.2.3 are above the minimum requirements for award, the Government requests that Offerors with access to this information propose and price them as Options.

6.3.2.2 Secondary data elements:

1) Household population count (including all persons, over and under 18 years of age, living or staying at the address)

2) Housing tenure

3) Telephone number (including alternate telephone)

4) Cellular phone number

For each person in the household:

5) Sex

6) Hispanic, Latino or Spanish origin

7) Race

8) Head of household indicator

9) Relationship to head of household

6.3.2.3 Tertiary data elements:

1) Social Security Number (SSN)

2) Alternate person identifier (driver’s license number, passport number, etc.)

3) Email address

4) Other residence indicator (college, military, seasonal residence)

5) Alternate address

6) Historical addresses for persons

7) Latitude/Longitude coordinates for addresses

8) Date of Death from March 31, 2009 to Current (month, day, and year)

6.3.3 Intended Data Uses

The Census Bureau will evaluate the utility of commercial data for decennial census operations.

All data are protected by Title 13 and all output will meet Census Bureau Disclosure Avoidance standards. The Census Bureau will not release any identifiable information obtained through this contract. The Census Bureau will not use the data for marketing or compliance purposes. The

Census Bureau will not resell the data. The Census Bureau will not publish or release comparisons of purchased data.

Note that the Census Bureau is required by law to submit all data used in production operations of the decennial census to the National Archives, and the data become public information in 72 years.

6.3.4 Data Usage Rights

The Census Bureau will commingle the commercial data obtained through this contract with existing Census Bureau data. The Census Bureau will not segregate vendors’ commercial data from Census Bureau or other data, so the data will in effect become the property of the Census

Bureau.

6.3.5 Data Retention

The Census Bureau will retain the commercial data under this contract indefinitely. By delivering the commercial database after contract award, the contractor gives the Census Bureau the right to retain and use the purchased data files indefinitely, with all financial consideration proposed as part of the initial pricing. Once data are entered into the Census Bureau administrative data system and joined to microdata from other sources, all records are considered to be Title 13 data.

6.3.6 Licensing Agreements

The Census Bureau recognizes and accepts that each Offeror may wish to enter into licensing agreements with the Government to indicate the terms and conditions for use of their data.

However, consideration must be given to the following terms and conditions due to the nature of

Federal Contracting. The Offeror/Contractor accepts these limitations as part of entering into this contract:

(a) ―Automatic Renewal‖ – The Government will not agree with this condition – due to the

Anti-Deficiency Act (31 U.S.C. §1341(a)).

(b) ―Choice of Law‖ – The agreement between the Contractor and the Government shall be governed and construed with applicable federal law and regulations.

(c) ―Indemnification‖ of vendor by Government – The Government will not agree to this condition – due to the Anti-Deficiency Act (31 U.S.C. §1341(a)).

(d) Vendor’s assertion of right to control litigation in defense of claim of patent infringement

– The following language is acceptable:

―In the event of a claim or suit is brought against LICENSOR or LISENCEE [or similarly defined party designations] for any patent or copyright infringement relating to this license in which the United States is named as a party, the LICENSEE shall be represented by the U.S. Department of Justice which shall control the litigation or any settlement agreement; however, the LICENSOR shall be allowed reasonable participation in the defense or settlement of such claim or suit.‖

(e) Payment terms and late fees/penalties – These terms must be in compliance with FAR

52.232-25 – Prompt Payment (OCT 2008).

(f) Requirement for Binding Arbitration of Disputes – The Government will not agree with this condition, disputes will be settled in accordance with FAR processes and guidelines.

(g) Audit terms that require vendor access to Government information, documentation, or systems – This requirement must be conditioned as follows: ―…to the maximum extent permissible under federal law and regulation.‖

6.3.7 NON-DISCLOSURE AGREEMENTS

6.3.7.1 Pre-Award Sample Commercial Database:

Non-Selected Offerors – Pre-Award sample databases provided in accordance with RFP Section

8(d) (Sample Commercial Database) will not be distributed beyond the core team of Government officials that are responsible for analyzing the test data. Sample databases provided by Offerors that are not selected for award will be destroyed within 30 days of contract award.

Selected Offerors – Pre-Award Sample databases provided in accordance with RFP Section 8(d)

(Sample Commercial Database) by the Offerors that subsequently receive award will be protected under the terms agreed upon under 6.3.7.2.

6.3.7.2 Universe Commercial Database:

Attachment J.2 provides the Government’s standard Non-Disclosure Agreement (NDA). It is the

Government’s intent to use the terms and conditions of this NDA upon award of the contract and receipt of the Universe files. The Offeror shall notify the Government of any exceptions to these terms within 15 business days of receipt of RFP to allow terms and conditions to be agreed upon prior to contract award. The Government and Contractor shall agree upon the terms of a non-disclosure agreement prior to contract award.

7. DELIVERY AND ACCEPTANCE

7.1 Delivery Dates:

As part of the written proposal, the Offeror shall provide information as to when the best and most complete information about people and addresses for April 1, 2010 will be available for delivery to the Census Bureau. This delivery date cannot be later than February 2, 2011.

Items acquired under this contract shall be delivered in accordance with the following schedule:

Item Initial Delivery Subsequent Deliveries

Metadata and data dictionary February 4 to February

16, 2011

N/A

Commercial data best representing April 1, 2010

February 4 to February

16, 2011

To be determined at time of award

7.2 Delivery Format:

See Section 6.3.1 for required format of data deliveries. All written deliverables shall be delivered via e-mail in Microsoft Word format.

7.3 Delivery Location:

Items to be delivered under this contract shall be delivered to:

Theresa Leslie theresa.f.leslie@census.gov

4600 Silver Hill Road

Suitland, MD, 20233, Room 6H008D

Office: (301) 763-2958

7.4 Quality Standards

The Contractor shall provide products and deliverables that meet the following criteria:

Quality Assurance/Acceptance –Quality measures, as set forth below, will be applied to each

Work Product and Deliverable:

Accuracy – Work products and deliverables shall be accurate in presentation and technical content and be developed in accordance with applicable laws, regulations, policies, and procedures.

mailto:theresa.f.leslie@census.gov

Completeness – Work products and deliverables shall be comprehensive and entirely developed.

Clarity – Work products and deliverables shall be clear and concise.

Timeliness – Work products and deliverables shall be generated on or before specified and/or mutually agreed to due dates or in accordance with a later scheduled date, should a later scheduled date be mutually agreed to by the Contractor and the Contracting Officer’

Technical Representative (COTR) and/or Task Manager.

Format – Work products and deliverables shall be submitted in the format specified in the contract.

Inspection and Acceptance Criteria – Final inspection and acceptance of all work products will be performed on-site. Final inspection and acceptance of all work performed and deliverables will occur upon CO signature.

8. INSTRUCTIONS TO OFFERORS

FAR Provision 52.212-1, INSTRUCTIONS TO OFFERORS – COMMERCIAL ITEMS (JUNE

2008), applies to this acquisition, as tailored below:

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code and small business size standard for this acquisition appear in Section 4 of the synopsis/solicitation. However, the small business size standard for a concern which submits an offer in its own name, but which proposes to furnish an item which it did not itself manufacture, is 500 employees.

(b) Submission of offers.

Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers shall be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. At a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the Offeror;

(4) Acknowledgment of Solicitation Amendments;

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(5) ―Remit to‖ address, if different than mailing address;

(6) A completed copy of the representations and certifications at FAR 52.212-3 (see

FAR 52.212-3(b) for those representations and certifications that the Offeror shall complete electronically);

(7) A technical description of the database(s) being offered in sufficient detail to evaluate -compliance with all requirements identified in Sections 6.3 and 7, C.2, including but not limited to:

- Data elements included;

- Availability of data that best represents people and addresses for April 1, 2010;

- Database coverage for the United States, including the 50 states and the District of

Columbia, and Puerto Rico;

- Description of data dictionary to be provided;

- Available frequency of delivery;

- Delivery format and transfer protocol;

The Offeror may include product literature, or other documents, if deemed appropriate;

(8) A Sample Commercial Database, (see specific instructions in Section (d) below);

(9) Proposed Terms and Conditions for Licensing Agreement (See Section 6.3.3 through

6.3.6 for Government requirements).

(10) Agreement or exceptions to the Government’s standard Non-Disclosure Agreement

(See Section 6.3.7). If exceptions are taken, the Offeror shall redline Attachment 2 in accordance with their proposed terms and conditions and provide to the Government within

15 business days of receipt of the RFP;

(11) Complete Price matrix (Table 8.1) for the base year and each option period, inclusive of any discount terms, noting whether or not the price includes data for Puerto Rico.

Column 1 is required from all Offerors; columns 2 and 3 shall be completed only if the

Offeror is able to provide secondary and/or tertiary data as part of their offering.

Please note that all pricing information shall be submitted as a separate document, although it may be included in the same transmittal e-mail.

Table 8.1: Commercial Data Pricing Options

D el iv er y v in ta g e/

F r eq u en cy

Base Year

Data Elements Included in Price

Primary data elements only

Primary and

Secondary data elements only

Primary, Secondary and

Tertiary data elements https://www.acquisition.gov/far/html/52_212_213.html#wp1179194 https://www.acquisition.gov/far/html/52_212_213.html#wp1179194

One database that best represents people and addresses for April 1, Semi-annual databases for one year

Quarterly databases for one year

Option Year 1

One database for one reference date

Semiannual databases for one year

Option Year 2

Option Year 3

(c) Period for acceptance of offers. The Offeror agrees to hold the prices in its offer firm for

120 calendar days from the date specified for receipt of offers.

(d) Sample Commercial Database.

(1) For evaluation purposes, the Offeror shall submit by September 10, 2010, a commercial database containing address-level and person-level data for the following three states: Delaware, Michigan, and New Mexico, that best represents people and addresses for April 1, 2010. The sample commercial database shall include all requirements specified in 6.3.1 and 6.3.2.1, and as many requirements listed in 6.3.2.2 and 6.3.2.3 as the Offeror includes in their proposal.

The Offeror shall submit the following information for the sample commercial database by

Friday, August 27, 2010, 4:30 PM Eastern Standard Time.

The size of the data file in gigabytes (GB)

The internet protocol (IP) address of the server where the data file is available for the

Census Bureau to retrieve

The format of the data file

All files will be encrypted in transmission.

(2) The Offeror shall provide technical support regarding file structure and delivery, file contents and completeness, and data consistency over time.

(3) The sample database shall be submitted at no expense to the Government. By submitting the sample commercial database in response to this solicitation, the Offeror gives the Government the right to retain and use the database.

(4) The database will be disposed of in accordance with 6.3.7.1.

(e) Multiple offers.

Offerors are encouraged to submit multiple offers presenting alternative terms and conditions or commercial items for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation. If no time is specified in the solicitation, the time for receipt is

4:30 p.m., Eastern Standard Time ESTlocal time, for the designated Government office on the date that offers or revisions are due.

(2)(i) Any offer, modification, revision, or withdrawal of an offer received at the

Government office designated in the solicitation after the exact time specified for receipt of offers is ―late‖ and will not be considered unless it is received before award is made, the

Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and—

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the

Government installation designated for receipt of offers and was under the

Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an Offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award.

The Government intends to evaluate offers and award a contract, or contracts, without discussions with Offerors. Therefore, the Offeror’s initial offer should contain the Offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The

Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards.

The Government may accept any item or group of items of an offer, unless the Offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the Offeror specifies otherwise in the offer. The Government reserves the right to make multiple awards if it is in the Government’s best interest to do so.

(i) Data Universal Numbering System (DUNS) Number.

(Applies to all offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the Central Contractor Registration (CCR) database.) The

Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation ―DUNS‖ or ―DUNS+4‖ followed by the DUNS or DUNS+4 number that identifies the Offeror’s name and address. The DUNS+4 is the DUNS number plus a 4-character suffix that may be assigned at the discretion of the Offeror to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see FAR Subpart 32.11) for the same concern. If the Offeror does not have a DUNS number, it should contact Dun and

Bradstreet directly to obtain one. An Offeror within the United States may contact Dun and

Bradstreet by calling 1-866-705-5711 or via the internet at http://fedgov.dnb.com/webform. An

Offeror located outside the United States must contact the local Dun and Bradstreet office for a

DUNS number. The Offeror should indicate that it is an Offeror for a Government contract when contacting the local Dun and Bradstreet office.

(j) Central Contractor Registration.

Unless exempted by an addendum to this solicitation, by submission of an offer, the Offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance and through final payment of any contract resulting from this solicitation. If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror. Offerors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-

2423 or 269-961-5757.

(k) Debriefing.

If a post-award debriefing is given to requesting Offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed

Offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed Offeror.

(3) The overall ranking of all Offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award.

(5) For acquisitions of commercial items, the make and model of the item to be delivered by the successful Offeror.

(6) Reasonable responses to relevant questions posed by the debriefed Offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

9. EVALUATION

https://www.acquisition.gov/far/html/Subpart%2032_11.html#wp1043964 http://fedgov.dnb.com/webform http://www.ccr.gov/

FAR Provision 52.212-2, EVALUATION – COMMERCIAL ITEMS (JUNE 2008), applies to this acquisition, as tailored below:

(a) The Government will award a contract or contracts resulting from this solicitation to the responsible Offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered (Best Value).

Factors 1 and 2 are Technical Factors. Factor 1 (Technical Capability) is more important than

Factor 2 (Data Licensing Terms and Conditions). Factor 3 (Price) will be evaluated separately. Factors 1 and 2, when combined, are significantly more important than price.

Factor 1: Technical Capability of the item offered to meet all Government requirements;

The Government will evaluate the Offeror’s proposed technical approach to assess the database capability to comply with all requirements defined in Sections 6.3 and 7. C.

The sample commercial database will be compared against Census Bureau data. For this technical evaluation, the sample commercial data will be tabulated by address and population counts to gauge accuracy compared to census data at specific geographies including state and county. Commercial data elements and fields as outlined in Section

6.3.2.1, 6.3.2.2, and 6.3.2.3 are expected to be filled with accurate data; missing responses should be explained. This evaluation will specifically analyze address and person data.

Complete Address Data: Must include location and mailing address fields as follows:

i. For city-style addresses including: House Number, Street Name, Suffix, Directional, Unit number (as applicable), City, State, ZIP Code;

ii. For non city-style addresses including: Either Rural Route and Rural

Route Box Number or P.O. Box Number, and City, State, ZIP Code.

Complete Person Identification Data:

iii. Name (complete first name, middle name, last name(s) and suffix)

iv. Date of birth (month, day, and year)

v. Additional desired demographic characteristics for persons in household

(race, origin, age, sex, housing tenure)

Technical Documentation: Responding to 6.3.1, the Offeror must demonstrate the ability to produce and deliver the evaluation commercial database with the specified metadata on time, under the stated data usage and retention requirements, for the desired vintage, in the requested format, and via the specified delivery method. The technical support must be timely and reliable, and offer satisfactory resolution.

Factor 2: Data Licensing Terms & Usage Terms

The Census Bureau needs to commingle and retain the commercial data acquired under this contract indefinitely. Any proposed Data Licensing Agreement and Usage Terms that are considered not favorable for the Government according to the terms described in section 6.3.3, 6.3.4, 6.3.5 and 6.3.6, may result in non-consideration for award.

Factor 3: Price

(b) Option Years. The Government will evaluate offers for award purposes by adding the total price for all option years to the total price for the basic requirement. The

Government may determine that an offer is unacceptable if the option year prices are significantly unbalanced. Evaluation of options years shall not obligate the

Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful Offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(End of provision)

10. REPRESENTATIONS AND CERTIFICATIONS

Offerors shall include a completed copy of the provision at 52.212-3 – OFFERORS

REPRESENTATIONS AND CERTIFICATIONS – COMMERCIAL ITEMS, with its offer.

11. CONTRACT TERMS AND CONDITIONS

FAR Provision 52.212-4, CONTRACT TERMS AND CONDITIONS – COMMERCIAL

ITEMS (MARCH 2009), applies to this acquisition and is hereby incorporated by reference.

12. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS

FAR Provision 52.212-5, CONTRACT TERMS AND CONDITIONS REQUIRED TO

IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (DEC

2009), applies to this acquisition.

(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:

(N/A) (1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

(N/A) Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(X) (2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

https://www.acquisition.gov/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_222.html#wp1151848 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_233_240.html#wp1113329 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++%2831%29%20%20AND%20%28%2831%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

(X) (3) 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.]

X (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).

N/A (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

N/A (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American

Recovery and Reinvestment Act of 2009.)

N/A (4) 52.204-11, American Recovery and Reinvestment Act—Reporting Requirements (Mar 2009)

(Pub. L. 111-5).

N/A (5) 52.219-3, Notice of Total HUBZone Set-Aside (Jan 1999) (15 U.S.C. 657a).

N/A (6) 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).

N/A (7) [Reserved]

N/A (8)(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.

N/A (9)(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.

N/A (10) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and

(3)).

N/A (11)(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.

N/A (12) 52.219-14, Limitations on Subcontracting (Dec 1996) (15 U.S.C. 637(a)(14)).

N/A (13) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C.

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

N/A (14)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business

Concerns (OCT 2008) (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.

N/A (15) 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).

N/A (16) 52.219-26, Small Disadvantaged Business Participation Program—

Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

N/A (17) 52.219-27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside

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

https://www.acquisition.gov/far/html/52_233_240.html#wp1113344 https://www.acquisition.gov/far/html/52_200_206.html#wp1137622 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+2+13++%2841%29%20%20AND%20%28%2841%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/html/52_200_206.html#wp1141983 http://uscode.house.gov/ https://www.acquisition.gov/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/far/html/52_200_206.html#wp1144992 https://www.acquisition.gov/far/html/52_217_221.html#wp1135955 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1135970 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136004 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136004 https://www.acquisition.gov/far/html/52_217_221.html#wp1136004 https://www.acquisition.gov/far/html/52_217_221.html#wp1136017 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/far/html/52_217_221.html#wp1136032 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136058 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/far/html/52_217_221.html#wp1136175 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136186 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20 https://www.acquisition.gov/far/html/52_217_221.html#wp1136333 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/html/52_217_221.html#wp1136333 https://www.acquisition.gov/far/html/52_217_221.html#wp1136374 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/html/52_217_221.html#wp1136380 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t09t12+37+408++%2810%29%20%252 https://www.acquisition.gov/far/html/52_217_221.html#wp1136387 http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++%2815%29%20%20AND%20%28%2815%29%20ADJ%20USC%29%3ACITE%20%20%20%20%20%20%20%20%20

N/A (18) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2009) (15 U.S.C.

632(a)(2)).

X (19) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

X (20) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Aug 2009)

(E.O. 13126).

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

X (22) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

X (23) 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).

X (24) 52.222-36, Affirmative Action for Workers with Disabilities (Jun 1998) (29 U.S.C. 793).

X (25) 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).

N/A (26) 52.222-54, Employment Eligibility Verification (JAN 2009). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

N/A (27)(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)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

N/A (28) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42 U.S.C.

8259b).

N/A (29)(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.

X (30) 52.225-1, Buy American Act—Supplies (Feb 2009) (41 U.S.C. 10a-10d).

X (31)(i) 52.225-3, Buy American Act—Free Trade Agreements—Israeli Trade Act (June 2009)

(41 U.S.C. 10a-10d, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, and 110-138).

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

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

X (32) 52.225-5, Trade Agreements (AUG 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

__ (33) 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).

N/A(34) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

N/A(35) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007)

(42 U.S.C. 5150).

N/A (36) 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)).

N/A (37) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

X (38) 52.232-33, Payment by Electronic Funds Transfer—Central Contractor Registration

(Oct 2003) (31 U.S.C. 3332).

N/A (39) 52.232-34, Payment by Electronic Funds Transfer—Other than Central Contractor

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

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N/A (40) 52.232-36, Payment by Third Party (May 1999) (31 U.S.C. 3332).

X (41) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

N/A (42)(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.]

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

N/A (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.).

N/A (3) 52.222-43, Fair Labor Standards Act and Service Contract Act—Price Adjustment (Multiple

Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

N/A (4) 52.222-44, Fair Labor Standards Act and Service Contract Act—Price Adjustment

(Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

N/A (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) (41 351, et seq.).

N/A (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain

Services—Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

N/A (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L.

110-247).

N/A (8) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (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 settlement.

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…