RFP_KW_0006__A001.docx

U.S. CENSUS BUREAU

June 15, 2015

SOLICITATION FOR COMMERCIAL DATABASES

DOCUMENT # USCB--RFP-KW-00065

1. This is a 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--RFP-KW-00050006.

3. The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-75.

4. The NAICS code and small business size standard for this acquisition is 323111 – 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:

6. DESCRIPTION OF REQUIREMENTS

6.1 Background

The Census Bureau conducts research and production work using administrative and commercial 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 economic censuses, current surveys such as the Survey of Small Business Owners (SBO), 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.

6.2 Longitudinal Business Database Enhancement Initiative

The Longitudinal Business Database (LBD) was developed by researchers at the Census Bureau’s Center for Economic Studies (CES) as a longitudinally-linked version of the Census Bureau’s Business Register.[footnoteRef:1] One of the first products created from the LBD was the Business Dynamics Statistics (BDS), which provides publicly-available measures of business startups and shutdowns and job creation and destruction. [1: The Census Bureau’s Business Register (BR) is a comprehensive database of all U.S. business establishments developed and maintained by the U.S. Census Bureau, with data beginning in 1975 and continuing to the present. It includes establishments of all domestic businesses (except private households and governments) and organizational units of multi-establishment businesses. The BR covers more than 160,000 multi-establishment companies, representing 1.8 million affiliated establishments, 5 million single establishment companies, and nearly 21 million non employer businesses. See https://www.census.gov/econ/overview/mu0600.html.]

Over time other Census Bureau micro datasets were linked to the LBD greatly increasing its usefulness. The enhancements covered by this project will derive from linking additional datasets to the LBD. These enhancements will help the Census Bureau understand the interactions between business finance, business research and development (R&D), innovation, and entrepreneurship. The Census Bureau is particularly interested in understanding the role of venture capital funding as well as publicly traded firms. With these enhancements, it will be possible to create measures of innovation, research the role of financial resources on R&D in innovation, and measure the return on investments of these activities for the business sector. Results from the research might be used to develop statistical products 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 the target population of venture backed businesses and publicly traded firms in the United States. The Government is interested in financial information in particular. Specific 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 target business populations in the United States.

4) The Contractor shall deliver a database (or database access) with the best and most complete information available for venture backed businesses and publicly traded businesses.

5) 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 data elements described in Section 6.3.2.1 in order to be considered for award. Specifically private equity/venture data providers shall provide elements 6.3.2.1.1 and 6.3.2.1.3. Providers of data on publicly traded companies shall provide elements 6.3.2.1.1 and 6.3.2.1.2. Data should be provided for every in-scope business, dating back to 1975 (or the earliest available date since 1975).

6.3.2.1 Primary data elements to tabulate business population counts:

1. Business identifying information for all firms in database, including:

a. Business name and address

b. Employer Identification Number (EIN)

c. Industry

2. For publicly traded companies:

a. Annual financial and accounting information, including Income statement and balance sheet information

b. Employment

c. End-of-year market value

d. Information on geographic segments of operations

3. For private equity/venture investments:

a. Firm or funds involved in financing

b. Founding date

c. Dates and amounts of funding events (rounds of financing)

d. Exit events (IPO, acquired, or out of business)

6.3.3 Intended Data Uses

The Census Bureau will evaluate the utility of commercial data for the enhancement of the Longitudinal Business Database. 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 archive all data used in production operations of the economic census. Final data files are transferred to the Census Bureau’s Center for Economic Studies for archiving after Census operations are complete.

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 (July 2013).

(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 Universe Commercial Database – Non Disclosure Agreement

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 as part of their proposal. 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 will be available for delivery to the Census Bureau. This delivery date cannot be later than 2 weeks from contract award.

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

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:

Trent Alexander j.trent.alexander@census.gov 600 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.

· 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’ Representative (COR) 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 (APRIL 2014), 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 is 323111. 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 Kelly Wagner at kelly.r.wagner@census.gov by 12:00 pm on Friday Wednesday, August 5, July 24, 2015. 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 (if applicable);

(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 6.3.2 including but not limited to:

- Data elements included;

- 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) Proposed Terms and Conditions for Licensing Agreement (See Section 6.3.3 through 6.3.6 for Government requirements).

(9) 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;

(10) Complete Price matrix (Table 8.1) for the base year and each option period, inclusive of any discount terms.. 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 Delivery vintage/Frequency

One database that best represents the specific requirements (Section 6.3)

Option Year 1

One database that best represents the specific requirements (Section 6.3), including edits and updates made in the last 12 months since delivery of the Base Year database

Option Year 2

One database that best represents the specific requirements (Section 6.3) including edits and updates made in the last 12 months since delivery of the Opt Year 1 database

Option Year 3

One database that best represents the specific requirements (Section 6.3) including edits and updates made in the last 12 months since delivery of the Opt Year 2 database

Option Year 4

One database that best represents the specific requirements (Section 6.3) including edits and updates made in the last 12 months since delivery of the Opt Year 3 database

(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) 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.

(e) 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 EST, 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.

(f) 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.

(g) 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.

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

Data Universal Numbering System (DUNS) Number. (Applies to offers exceeding $3,000, and offers of $3,000 or less if the solicitation requires the Contractor to be registered in the System for Award Management (SAM) 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 SAM 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 DUNS number. The offeror should indicate that it is an offeror for a Government contract when contacting the local Dun and Bradstreet office.

(i) System for Award Management. 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 SAM 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 SAM 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 SAM database accessed through https://www.acquisition.gov.

(j) 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 debriefed offeror and past performance information on 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 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

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..

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 referenced date, 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 (Dec 2014), 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 (April 2015), 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:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

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

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77, 108-78 (19 U.S.C. 3805 note)).

(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. 4704 and 10 U.S.C. 2402).

_N/A_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

_N/A__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub L. 111-5) (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009).

_X__ (4) 52.204-10, Reporting Executive compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved] _X_ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

_X_ (10) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Public Law 112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).

_N/A__ (11) (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).

___ (ii) Alternate I (Nov 2011) of 52.219-3.

_N/A__ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

___ (ii) Alternate I (Jan 2011) of 52.219-4.

___ (13) [Reserved] _N/A__ (14) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

___ (ii) Alternate I (Nov 2011).

___ (iii) Alternate II (Nov 2011).

_N/A__ (15) (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__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

_N/A__ (17) (i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (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.

___ (iv) Alternate III (Oct 2014) of 52.219-9.

___ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).

_N/A__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

_N/A__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_N/A__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).

_N/A__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)).

_N/A__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

_N/A__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X__ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__X_ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014) (E.O. 13126).

__X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 1999).

__X_ (28) 52.222-26, Equal Opportunity (Apr 2007) (E.O. 11246).

__X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

_X__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

__X_ (31) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

_X_ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X (33) (i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (ii) Alternate I (Mar 2015) of 52.222-50, (22 U.S.C. chapter 78 and E.O. 13627).

_N/A__ (34) 52.222-54, Employment Eligibility Verification (Aug 2013). (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__ (35) (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.)

_X_ (36) (i) 52.223-13, Acquisition of EPEAT® -Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514 ___ (ii) Alternate I (Jun 2014) of 52.223-13.

_X_ (37) (i) 52.223-14, Acquisition of EPEAT® -Registered Television (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-14.

_N/A__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

_N/A__ (39) (i) 52.223-16, Acquisition of EPEAT® -Registered Personal Computer Products (Jun 2014) (E.O.s 13423 and 13514).

___ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging while Driving (Aug 2011) (E.O. 13513).

_X__ (41) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

__X_ (42) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43).

___ (ii) Alternate I (May 2014) of 52.225-3.

___ (iii) Alternate II (May 2014) of 52.225-3.

___ (iv) Alternate III (May 2014) of 52.225-3.

_X__ (43) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_N/A__ (44) 52.225-13, Restrictions on Certain Foreign Purchases (Jun 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

_X_ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

_N/A__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

_N/A__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

_N/A__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505), 10 U.S.C. 2307(f)).

_N/A__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X__ (50) 52.232-33, Payment by Electronic Funds Transfer— System for Award Management (Jul 2013) (31 U.S.C. 3332).

_N/A__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management (Jul 2013) (31 U.S.C. 3332).

_N/A__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

_X__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__N/A_ (54) (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.] _X_ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495) _N/A__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67.).

__N/A_ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__N/A_ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C.206 and 41 U.S.C. chapter 67).

__N/A_ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards -- Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

_N/A__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67).

_N/A__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67).

_N/A__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

__N/A_ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792).

_N/A__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sep 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 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 this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C. 3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (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 $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (1) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

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

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212).

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014), (41 U.S.C. chapter 67).

(xi) ____ (A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

___ (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 E.O. 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment--Requirements (May 2014) (41 U.S.C. chapter 67.)

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services--Requirements (May 2014) (41 U.S.C. chapter 67)

(xiv) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (E.O. 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations. (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 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)

13. ADDITIONAL CONTRACT TERMS AND CONDITIONS

13.1 CAR 1352.201-70 CONTRACTING OFFICER'S AUTHORITY

(APR 2010)

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

(End of clause)

The Contracting Officer for this contract is:

Randy Hart U.S. Census Bureau randy.w.hart@census.gov Office: (301) 763-2671

13.2 CAR 1352.201-71 CONTRACTING OFFICER'S REPRESENTATIVE (COR) (APR 2010)

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

Joey Morales Joey.Morales@census.gov 600 Silver Hill Road Suitland, MD, 20233, Room 6H110F Office: (301) 763-6947

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

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

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

(End of clause)

13.3 CAR 1352.209-73 COMPLIANCE WITH THE LAWS (APR 2010)

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

13.4 CAR 1352.215-72 INQUIRIES (APR 2010)

Offerors must submit all questions concerning this solicitation in writing to randy.w.hart@census.gov. Questions should be received no later than _7 calendar days after the issuance date of this solicitation. Any responses to questions will be made in writing, without identification of the questioner, and will be included in an amendment to the solicitation. Even if provided in other form, only the question responses included in the amendment to the solicitation will govern performance of the contract.

13.5 CAR 1352.233-70 AGENCY PROTESTS (APR 2010)

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

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

Randy W. Hart Contracting Officer US Census Bureau 4600 Silver Hill Road, Room 3J252 Suitland, Maryland 20746

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address:

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

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230 Attn: Mark Langstein, Esquire

FAX: (202) 482-5858

(End of clause)

13.6 CAR 1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS (APR 2010)

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

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

(c) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce Office of the General Counsel Chief, Contract Law Division Room 5893 Herbert C. Hoover Building 14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

(End of clause)

13.7 CAR 1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST (APR 2010)

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

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

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

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

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

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

(e) Subcontracts. The contractor shall include a clause substantially similar to this clause, including paragraphs (f) and (g), in any subcontract or consultant agreement at any tier expected to exceed the simplified acquisition threshold.