83 FR 15101 - HUD Acquisition Regulation (HUDAR)
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Register Volume 83, Issue 68 (April 9, 2018)
Federal Register Volume 83, Issue 68 (April 9, 2018)
| Page Range | 15101-15117 | |
| FR Document | 2018-06362 |
[Federal Register Volume 83, Number 68 (Monday, April 9, 2018)] [Proposed Rules] [Pages 15101-15117] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-06362] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 48 CFR Parts 2402, 2416, 2437, 2442, and 2452 [Docket No. FR-6041-P-01] RIN 2501-AD85 HUD Acquisition Regulation (HUDAR) AGENCY: Office of the Chief Procurement Officer, HUD. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule would amend the HUD Acquisition Regulation (HUDAR) to implement miscellaneous changes. These changes include incorporation of several clauses and associated additions to the HUDAR matrix, replacement of references to Government Technical Representatives (GTRs) with references to Contracting Officer's Representatives (CORs), codification of deviations approved by HUD's Chief Procurement Officer (CPO) and minor corrections to clauses, provisions, and the HUDAR matrix. DATES: Comment due date: June 8, 2018. ADDRESSES: Interested persons are invited to submit comments regarding this proposed rule to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20410-0500. Communications and comment submissions must refer to the above docket number and title. There are two methods for submitting public comments. 1. Submission of Comments by Mail. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20410-0500. 2. Electronic Submission of Comments. Interested persons may submit comments electronically through the Federal eRulemaking Portal at www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make comments immediately available to the public. Comments submitted electronically through the www.regulations.gov website can be viewed by other commenters and interested members of the public. To submit comments electronically, commenters should follow the instructions provided on the website. Note: To receive consideration as public comments, comments must be submitted through one of the two methods specified above. Again, all submissions must refer to the docket number and title of the rule. No Facsimile Comments. Facsimile (FAX) comments are not acceptable. Public Inspection of Public Comments. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. Due to security measures at the HUD Headquarters building, an advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202-402-3055 (this is not a toll-free number). Individuals with speech or hearing impairments may access this number via TTY by calling the Federal Information Relay Service, toll-free, at 800-877-8339. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Dr. Akinsola A. Ajayi, Acting Assistant Chief Procurement Officer for Policy, Systems and Risk Management, Office of the Chief Procurement Officer, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; telephone number 202-708-0294 (this is not a toll-free number), fax number 202-708-8912. Persons with hearing or speech impairments may access Dr. Ajayi's telephone number via TTY by calling the toll-free Federal Relay Service at 800-877-8339. SUPPLEMENTARY INFORMATION: [[Page 15102]] I. Background The uniform regulation for the procurement of supplies and services by Federal departments and agencies, the Federal Acquisition Regulation (FAR), was promulgated on September 19, 1983 (48 FR 42102). The FAR is codified in title 48, chapter 1, of the Code of Federal Regulations. HUD promulgated its regulation to implement the FAR on March 1, 1984 (49 FR 7696). The HUDAR (title 48, chapter 24 of the Code of Federal Regulations) is prescribed under section 7(d) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(d)); section 205(c) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 121(c)); and the general authorization in FAR 1.301. HUDAR was last revised by final rule published on March 15, 2016 (81 FR 13747). II. This Proposed Rule This proposed rule would amend the HUDAR, 48 CFR chapter 24, to propose revising all clause and provision references to the Government Technical Representative or GTR to Contracting Officer's Representative or COR. Accordingly, the definition in 48 CFR 2402.101 of ``Government Technical Representative'' would be removed. Also, the obsolete term ``Government Technical Monitor'' would be removed. HUD is also proposing to codify certain agency-specific clauses, include class deviations in certain clauses, and make several administrative, nonsubstantive corrections, such as typographical corrections and updated applicability dates. In part 2416, the rule would correct the prescription for 2416.506- 70 to change ``provision'' to ``clause,'' instruct the Contracting Officer to insert the clause at 2452.216-77, add prescriptions for clause 2452.216-81 and provision 2452.216-82 to codify agency-specific clauses. These clauses relate to estimated quantities, level of effort and fee payment, and labor categories. In part 2437, the rule would revise 2437.110(e) to add prescriptions for provision 2452.237-82 and clause 2452.237-83 relating to controlled unclassified information to codify a class deviation previously approved by the CPO on June 18, 2015. In part 2442, the rule would revise 2442.1107 to codify a class deviation previously approved by the CPO on April 1, 2016, to (1) revise the procurement instruments, types of contracts, and types of services being acquired to those to which the clause will be applicable, (2) adjust the threshold at which the clause becomes applicable, and (3) make other minor changes. In part 2452, the rule would: Make minor typographical, nonsubstantive corrections to clauses 2452.203-70, 2452.208-71, 2452.215-70, 2452.216-80, 2452.219-72, 2452.232-70, and 2452.242-71; Change references to Government Technical Representative or GTR to Contracting Officer's Representative or COR respectively; Add clause 2452.216-81, Level of Effort and Fee Payment, and clause 2452.216-82, Labor Categories, Requirements, and Estimated Level of Effort. These are previously agency-specific clauses that HUD now wishes to codify. Clause 2452.216-81 provides contractors with the total level of effort to be provided and the method for calculating the fee. Clause 2452.216-82 provides estimated hours and labor categories to assist vendors in developing proposals for immediate requirements; these estimates are not binding upon the Government; Codify a class deviation approved by the CPO on October 19, 2016, to clause 2452.232-71 at paragraph (b)(2) to require contractors to provide supporting documentation with vouchers that adequately prove the legitimacy and compliance of costs claimed, and the ability to appropriately allocate costs claimed; Revise clause 2452.237-73 to remove the second sentence of paragraph (b). In the current codification, that sentence relates to notification of a change in status of the Government Technical Representative; Add provision 2452.237-82, Access to Controlled Unclassified Information (CUI), pursuant to a class deviation previously approved by the CPO on June 18, 2015; Codify clause 2452.237-83, Access to Controlled Unclassified Information (CUI), pursuant to a class deviation previously approved by the CPO on June 18, 2015; Pursuant to a class deviation signed by the CPO on October 16, 2015, codify a class deviation to clauses 2452.237-75, Access to HUD Facilities, and 2452.239-70, Access to HUD Systems, to add a requirement for contractors to report the status of PIV cards to the Government on a quarterly basis. Additionally, in 2452.237-75 and 2452.239-70, a definition of ``contract'' is added; In 2452.246-70, a clause relating to inspection and acceptance of work is added as prescribed in 2446.246-70. In the matrix, four clauses or provisions are added relating to level of effort and fee payment, labor categories, requirements and estimated level of effort, and access to controlled unclassified information. Additionally, some corrections of ``Provision or Clause'' (P/C) and ``Uniform Contract Format'' (UCF) designations are made. III. Findings and Certifications Paperwork Reduction Act Statement The information collection requirements contained in this proposed rule are being submitted to the Office of Management and Budget (OMB) under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520). In accordance with the Paperwork Reduction Act, an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information, unless the collection displays a currently valid OMB control number. The burden of the information collections in this proposed rule is estimated as follows: Reporting and Recordkeeping Burden -------------------------------------------------------------------------------------------------------------------------------------------------------- Number of Frequency of Responses per Burden hour Annual burden Information collection respondents response annum per response hours Annual cost -------------------------------------------------------------------------------------------------------------------------------------------------------- HUDAR: 2452.204-70......................................... 20 1 20 16 320 $14,080.00 2452.209-70......................................... 10 1 10 0.5 5 220.00 2452.209-72......................................... 2 1 2 1 2 88.00 2452.215-70......................................... 150 1 150 80 12,000 528,000.00 2452.215-70, Alt I.................................. 25 1 25 40 1,000 44,000.00 2453.215-72......................................... 25 4 100 2 200 8,800.00 2452.216-72......................................... 2 4 8 2 16 704.00 [[Page 15103]] 2452.216-75......................................... 2 4 8 40 320 14,080.00 2452.216-78, Alt II................................. 5 1 5 4 20 880.00 2452.219-70......................................... 50 1 50 0.5 25 1,100.00 2452.219-74......................................... 1 1 1 16 16 704.00 2452.227-70......................................... 5 1 5 40 200 8,800.00 2452.237-70......................................... 150 1 150 1 150 6,600.00 2452.237-75 (initial)............................... 100 1 100 8 800 35,200.00 2452.237-75 (report)................................ 100 4 400 8 3,200 140,800.00 2451.237-81......................................... 20 1 20 0.5 10 440.00 2452.239-70 (initial)............................... 100 1 100 8 800 35,200.00 2452.239-70 (report)................................ 100 4 400 8 3,200 140,800.00 2452.242-71 (plan).................................. 40 4 160 8 320 14,080.00 2452.242-71 (report)................................ 10 4 40 6 240 10,560.00 2453.227-70......................................... 1 1 1 8 8 352.00 Contractor Release.................................. 15 1 15 1 15 660.00 Contractor Assignment of Rebates, Credits........... 1 1 1 1 1 44.00 ----------------------------------------------------------------------------------------------- Total Costs..................................... .............. .............. .............. .............. .............. 1,006,192.00 -------------------------------------------------------------------------------------------------------------------------------------------------------- In accordance with 5 CFR 1320.8(d)(1), HUD is soliciting comments from members of the public and affected agencies concerning this collection of information to: (1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (2) Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Interested persons are invited to submit comments regarding the information collection requirements in this rule. Under the provisions of 5 CFR part 1320, OMB is required to make a decision concerning this collection of information between 30 and 60 days after the publication date. Therefore, a comment on the information collection requirements is best assured of having its full effect if OMB receives the comment within 30 days of the publication date. This time frame does not affect the deadline for comments to the agency on the proposed rule, however. Comments must refer to the proposal by name and docket number (FR-6041- P-01) and must be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503, Fax number: 202-395-6947 and to one of the two options below: Ms. Colette Pollard, HUD Reports Liaison Officer, Office of the Chief Information Officer, Department of Housing and Urban Development, 451 7th Street SW, Room 2204, Washington, DC 20410 or Interested persons may submit comments regarding the information collection requirements electronically via the Federal eRulemaking Portal at http://www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit comments, ensures timely receipt by HUD, and enables HUD to make comments immediately available to the public. Comments submitted electronically via the http://www.regulations.gov website can be viewed by other commenters and interested members of the public. To submit comments electronically, commenters should follow the instructions provided on the website. Unfunded Mandates Reform Act Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) (UMRA) establishes requirements for Federal agencies to assess the effects of their regulatory actions on state, local, and tribal governments and the private sector. This rule does not impose any Federal mandate on any state, local, or tribal government or the private sector within the meaning of UMRA. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. This proposed rule makes technical changes to existing contracting procedures and does not make any major changes that would significantly impact businesses. Accordingly, the undersigned certifies that this rule will not have a significant economic impact on a substantial number of small entities. Notwithstanding HUD's determination that this rule will not have a significant economic impact on a substantial number of small entities, HUD specifically invites comments regarding less burdensome alternatives to this rule that will meet HUD's objectives as described in this preamble. Environmental Impact This proposed rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern or regulate real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise, or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this proposed rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). [[Page 15104]] Executive Order 13132, Federalism Executive Order 13132 (entitled ``Federalism'') prohibits an agency from publishing any rule that has federalism implications if the rule imposes substantial direct compliance costs on state and local governments and is not required by statute, or the rule preempts state law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This proposed rule would not have federalism implications and would not impose substantial direct compliance costs on state and local governments or preempt state law within the meaning of the Executive Order. List of Subjects in 48 CFR Parts 2402, 2416, 2437, 2442, and 2452 Government procurement. For the reasons discussed in the preamble, HUD proposes to amend 48 CFR chapter 24 as follows: PART 2402--DEFINITIONS OF WORDS AND TERMS 0 1. The authority citation for part 2402 continues to read as follows: Authority: 40 U.S.C. 121(c); 42 U.S.C. 3535(d). 2402.101 [Amended] 0 2. Amend 2402.101 by removing the definitions of ``Government Technical Monitor (GTM)'' and ``Government Technical Representative (GTR)''. PART 2416--TYPES OF CONTRACTS 0 3. The authority citation for part 2416 continues to read as follows: Authority: 40 U.S.C. 121(c); 41 U.S.C. 253; 42 U.S.C. 3535(d). 0 4. Amend 2416.506-70 by revising paragraph (c) and adding paragraphs (e) and (f) to read as follows: 2416.506-70 Solicitation provisions and contract clauses. * * * * * (c) Estimated quantities--requirements contract. The Contracting Officer shall insert the clause at 2452.216-77, Estimated Quantities-- Requirements Contract, in all solicitations for requirements contracts. * * * * * (e) Level of effort and fee payment. The Contracting Officer shall insert clause 2452.216-81, Level of Effort and Fee Payment, in all level-of-effort term contracts. (f) Labor categories, requirements, and estimated level of effort. The Contracting Officer shall insert provision 2452.216-82, Labor Categories, Requirements, and Estimated Level of Effort, in all level- of-effort solicitations. Contracting Officer's Representatives will provide the labor descriptions and estimated number of hours. Contracting Officers will obtain wage rate determinations for any classifications covered by the Service Contract Act. PART 2437--SERVICE CONTRACTING 0 5. The authority citation for part 2437 continues to read as follows: Authority: 40 U.S.C. 121(c); 42 U.S.C. 3535(d). 0 6. Amend 2437.110 by adding paragraphs (e)(7) and (8) to read as follows: 2437.110 Solicitation provisions and contract clauses. * * * * * (e) * * * (7) The Contracting Officer shall insert provision 2452.237-82, Access to Controlled Unclassified Information (CUI), in Section L of solicitations when controlled unclassified information (``CUI''), as defined in the provision, will be provided to potential offerors for the purpose of preparing offers. (8) The Contracting Officer shall insert clause 2452.237-83 in Section H, Access to Controlled Unclassified Information (CUI), of solicitations and contracts under which contractor and/or subcontractor employees will be granted access to controlled unclassified information (CUI) as defined in the clause. PART 2442--CONTRACT ADMINISTRATION AND AUDIT SERVICES 0 7. The authority citation for part 2442 continues to read as follows: Authority: 40 U.S.C. 121(c); 42 U.S.C. 3535(d). 0 8. Revise 2442.1107 to read as follows: 2442.1107 Contract clause. (a) For purposes of clause 2452.242-71, the term ``contract'' shall also include task orders and purchase orders. (b) The Contracting Officer shall insert a clause substantially the same as the clause at 2452.242-71, Contract Management System, in solicitations and contracts when all of the following conditions apply: (1) A contract exceeds $1,000,000, including all options; and (2) The contract is a completion type that requires the delivery of an overall end deliverable or solution (e.g., evaluation, study, model). (c) To the extent the clause will not normally be included in commercial contracts meeting the requirements stated in paragraphs (a) and (b) of this section, and in instances where the clause is to be incorporated, pursuant to FAR 12.301(f), a waiver to the standard commercial requirements, to include the clause, is not required. (d) The Contracting Officer shall use the basic clause for cost type, labor-hour, and time and materials contracts for the services described in paragraph (b) of this section. The clause shall be used with its alternate for fixed-price type contracts for the services described in paragraph (b). The Contracting Officer may elect to incorporate the clause into contracts below the established threshold. (e) The clause is not applicable to contracts that only expend a level of effort without a completion deliverable/product due, e.g., temporary services. (f) This clause is not applicable to Information Technology service contracts being managed through Earned Value Management techniques that require reporting of Earned Value Management. PART 2452--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 9. The authority citation for part 2452 continues to read as follows: Authority: 40 U.S.C. 121(c); 42 U.S.C. 3535(d). Subpart 2452.2--Texts of Provisions and Clauses 0 10. Revise 2452.203-70 to read as follows: 2452.203-70 Prohibition against the use of federal employees. As prescribed in 2403.670, insert the following clause in solicitations and contracts: PROHIBITION AGAINST THE USE OF FEDERAL EMPLOYEES ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) In accordance with Federal Acquisition Regulation 3.601, contracts are not to be awarded to Federal employees or a business concern or other organization owned or substantially owned or controlled by one or more Federal employees. For the purposes of this contract, this prohibition against the use of Federal employees includes any work performed by the contractor or any of its employees, subcontractors, or consultants. (End of clause) 0 11. Revise 2452.208-71 to read as follows: 2452.208-71 Reproduction of reports. As prescribed in 2408.802-70, insert the following clause in solicitations and [[Page 15105]] contracts where the contractor is required to produce, as an end product, publications or other written materials: REPRODUCTION OF REPORTS ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) In accordance with Title I of the Government Printing and Binding Regulations, printing of reports, data or other written material, if required herein, is authorized provided that the material produced does not exceed 5,000 production units of any page and that items consisting of multiple pages do not exceed 25,000 production units in aggregate. The aggregate number of production units is determined by multiplying the number of pages by the number of copies. A production unit is one sheet, size 8.5 by 11 inches or less, printed on one side only and in one color. All copy preparation to produce camera-ready copy for reproduction must be set by methods other than hot metal typesetting. The reports should be produced by methods employing stencils, masters and plates which are to be used on single unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10\3/4\ by 14\1/4\ inches and are prepared by methods or devices that do not utilize reusable contact negatives and/or positives prepared with a camera requiring a darkroom. All reproducibles (camera ready copies for reproduction by photo offset methods) shall become the property of the Government and shall be delivered to the Government with the report, data, or other written materials. (End of clause) 0 12. Amend 2452.215-70 by revising Alternate II to read as follows: 2452.215-70 Proposal content. * * * * * Alternate II As prescribed in 2415.209(a), add the following paragraph (e) when the size of any proposal Part I or Part II will be limited: PROPOSAL CONTENT ALTERNATE II ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (e) Size limits of Parts I and II. (1) Offerors shall limit submissions of Parts I and II of their initial proposals to the page limitations identified in the Instructions to Offerors. Offerors are cautioned that, if any Part of their proposal exceeds the stipulated limits for that Part, the Government will evaluate only the information contained in the pages up through the permitted number. Pages beyond that limit will not be evaluated. (2) A page shall consist of one side of a single sheet of 8.5'' x 11'' paper, single spaced, using not smaller than 12-point type font, and having margins at the top, bottom, and sides of the page of no less than one inch in width. (3) Any exemptions from this limitation are stipulated under the Instructions to Offerors. (4) Offerors are encouraged to use recycled paper and to use both sides of the paper (see the FAR clause at 52.204-4). (End of Provision) 0 13. Revise 2452.216-80 to read as follows: 2452.216-80 Estimated cost and fixed-fee. As prescribed in 2416.307(b), insert the following clause: ESTIMATED COST AND FIXED-FEE ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) It is estimated that the total cost to the Government for full performance of this contract will be $___ [Contracting Officer insert amount], of which $___ [Contracting Officer insert amount] represents the estimated reimbursable costs, and $___ [Contracting Officer insert amount] represents the fixed fee. (b) If this contract is incrementally funded, the following shall apply: (1) Total funds currently available for payment and allotted to this contract are $___ [Contracting Officer insert amount], of which ___ [Contracting Officer insert amount] represents the limitation for reimbursable costs and $___ Contracting Officer insert amount] represents the prorated amount of the fixed fee (see also the clause at FAR 52.232-22, ``Limitation of Funds'' herein). (2) If and when the contract is fully funded, as specified in paragraph (a) of this clause, the clause at FAR 52.232-20, ``Limitation of Cost,'' herein, shall become applicable. (3) The Contracting Officer may allot additional funds to the contract up to the total specified in paragraph (a) of this clause without the concurrence of the contractor. (End of clause) 0 14. Add 2452.216-81 to read as follows: 2452.216-81 Level of effort and fee payment. As prescribed in 2416.506-70(f), insert the following clause in all level-of-effort term contracts: LEVEL OF EFFORT AND FEE PAYMENT ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) The total level of effort to be provided under this contract is __ hours. The contractor shall be reimbursed for the actual labor costs incurred. (b) The contractor shall be paid the fixed fee specified in B. __, Estimated Cost and Fixed Fee, herein, on a prorated basis in proportion to the percentage of the level of effort (LOE) performed at the time of billing in accordance with the following formula: (Number of acceptable hours delivered) divided by (Total hours in level of effort) X (Total fixed fee) = Fee payment (e.g., 1,000 hours delivered/10,000 hours (LOE) x $15,000 = $1,500) (c) In no event shall the amount of fee paid under the contract exceed the total fixed fee specified in B.[ ], Estimated Cost and Fixed Fee, herein. (End of clause) 0 15. Add 2452.216-82 to read as follows: 2452.216-82 Labor categories, requirements, and estimated level of effort. As prescribed in 2416.506-70(g), insert the following provision in all level-of-effort solicitations: LABOR CATEGORIES, REQUIREMENTS, AND ESTIMATED LEVEL OF EFFORT ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) The Government anticipates that the following categories of labor shall be necessary to provide the services required by any contract resulting from this solicitation. Offerors must provide evidence that proposed staff meet the technical requirements for each category. (1) [Insert labor titles and technical requirements] (b) To assist offerors in the preparation of proposals, the Government estimates that the following levels of effort (staff hours) will be necessary to provide the services required by any contract resulting from this solicitation. These estimates are not binding on the Government. Offerors must break out their proposed costs by labor category. The contract performance period is intended to be for a total of [ ] months (a base period of [ ] months with [ ][insert number of options] [ ][insert number of months per option]- month option periods. The actual duration of the base period may be different. Offerors may propose labor at different rates per contract period. Staff Hours ---------------------------------------------------------------------------------------------------------------- 1st option 2nd option 3rd option 4th option Labor category Base period period period period period ---------------------------------------------------------------------------------------------------------------- [Insert titles and estimated number of hours per category] ---------------------------------------------------------------------------------------------------------------- (End of provision) 0 16. Revise 2452.219-72 to read as follows: 2452.219-72 Section 8(a) direct awards. As prescribed in 2419.811-3(f), insert the following clause: [[Page 15106]] SECTION 8(A) DIRECT AWARD ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) This contract is issued as a direct award between the Department of Housing and Urban Development (HUD) and the 8(a) Contractor pursuant to a Partnership Agreement (Agreement) between the Small Business Administration (SBA) and HUD. The SBA retains responsibility for 8(a) certification, 8(a) eligibility determinations and related issues, and providing counseling and assistance to the 8(a) contractor under the 8(a) program. The cognizant SBA district office is: [To be completed by Contracting Officer at time of award]. (b) SBA is the prime contractor and ___ [insert name of 8(a) contractor] is the subcontractor under this contract. Under the terms of the Agreement, HUD is responsible for administering the contract and taking any action on behalf of the Government under the terms and conditions of the contract. However, the HUD Contracting Officer shall give advance notice to the SBA before issuing a final notice terminating performance, either in whole or in part, under the contract. The HUD Contracting Officer shall also coordinate with SBA prior to processing any novation agreement(s). HUD may assign contract administration functions to a contract administration office. (c) ___ [insert name of 8(a) contractor] agrees: (1) To notify the HUD Contracting Officer, simultaneously with its notification to SBA (as required by SBA's 8(a) regulations), when the owner or owners upon whom 8(a) eligibility is based, plan to relinquish ownership or control of the concern. Consistent with 15 U.S.C. 637(a)(21), transfer of ownership or control shall result in termination of the contract for convenience, unless SBA waives the requirement for termination prior to the actual relinquishing of ownership or control. (2) To adhere to the requirements of FAR 52.219-14, ``Limitations on Subcontracting.'' (End of Clause) 0 17. Revise Alternate II of 2452.232-70 to read as follows: 2452.232-70 Payment schedule and invoice submission (Fixed-Price). * * * * * ALTERNATE II ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) As prescribed in HUDAR Section 2432.908(c)(2), replace paragraphs (b)(1) and (2) of the HUDAR Clause 2452.232-70 Payment Schedule and Invoice Submission (Fixed-price) with the following Alternate II language in all fixed price solicitations and contracts when requiring invoices to be submitted electronically to the Department of Treasury's Bureau of Fiscal Services Invoice Processing Platform (IPP) system: (b) Submission of invoices. (1) The Contractor shall obtain access and submit invoices to the Department of Treasury Bureau of Fiscal Services' Invoice Platform Processing System via the Web at URL: https://arc.publicdebt.treas.gov/ipp/fsippqrg.htm in accordance with the instructions on the website. To constitute a proper invoice, the invoice must include all items required by the FAR clause at 52.232-25, ``Prompt Payment.'' (2) To assist the Government in making timely payments, the Contractor is also requested to include on each invoice the appropriation number shown on the contract award document (e.g., block 14 of the Standard Form (SF) 26, block 21 of the SF-33, or block 25 of the SF-1449). (End of Alternate II) 0 18. Revise 2452.232-71 to read as follows: 2452.232-71 Voucher submission (cost-reimbursement, time-and- materials, and labor hour). As prescribed in HUDAR Section 2432.908(c)(3), insert the following clause in all cost-reimbursable, time-and-materials, and labor-hour solicitations and contracts where vouchering and payments will NOT be made through the Department of Treasury's Bureau of Fiscal Services Invoice Processing Platform (IPP) system: 2452.232-71 VOUCHER SUBMISSION (COST-REIMBURSEMENT, TIME-AND-MATERIALS, AND LABOR HOUR) ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) Voucher submission. (1) The Contractor shall submit ___ [Contracting Officer insert billing period, e.g., monthly], an original and two copies of each voucher. In addition to the items required by the clause at FAR 52.232-25, Prompt Payment, the voucher shall show the elements of cost for the billing period and the cumulative costs to date. The Contractor shall submit all vouchers, except for the final voucher, as follows: original to the payment office and one copy each to the Contracting Officer and the Contracting Officer's Representative (COR) identified in the contract. The Contractor shall submit all copies of the final voucher to the Contracting Officer. (2) To assist the Government in making timely payments, the Contractor is requested to include on each voucher the applicable appropriation number(s) shown on the award or subsequent modification document (e.g., block 14 of the Standard Form (SF) 26, or block 21 of the SF-33). The contractor is also requested to clearly indicate on the mailing envelope that a payment voucher is enclosed. (b) Contractor remittance information. (1) The Contractor shall provide the payment office with all information required by other payment clauses contained in this contract. (2) The Contractor shall submit all necessary supporting documentation with vouchers that adequately demonstrate that costs claimed (1) have been incurred (including time sheets from the prime and subcontractor's automated or manual time tracking records and paid invoices for materials acquired), (2) reflect that they are allocable to the contract tasks, and (3) comply with cost principles in the Federal Acquisition Regulation and HUD Acquisition Regulation. The Contracting Officer may disallow all or part of a claimed cost that is inadequately supported. (3) For time-and-materials and labor-hour contracts, the Contractor shall aggregate vouchered costs by the individual task for which the costs were incurred and clearly identify the task or job. (c) Final payment. The final payment shall not be made until the Contracting Officer has certified that the Contractor has complied with all terms of the contract. (End of clause) ALTERNATE I ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) As prescribed in HUDAR Section 2432.908(c)(3), replace paragraphs (a)(1) and (2) with the following Alternate I paragraphs to HUDAR Clause 2452.232-71, Voucher Submission (Cost Reimbursement, Time-And-Materials, and Labor Hour) in time and material, cost- reimbursable and labor hour solicitations and contracts other than performance-based under which performance-based payments will be used and where invoices are to be submitted electronically by email, but will not be paid through the Department of Treasury's Bureau of Fiscal Services Invoice Processing Platform (IPP) system. (a) Voucher submission. (1) The Contractor shall submit vouchers electronically via email to the email addresses shown on the contract award document (e.g., block 12 of the Standard Form (SF) 26, block 25 of the SF-33, or block 18a of the SF-1449) and carbon copy the Contracting Officer and the Contracting Officer's Representative (COR). In addition to the items required by the clause at FAR 52.232-25, Prompt Payment, the voucher shall show the elements of cost for the billing period and the cumulative costs to date. The Contractor shall clearly include in the Subject line of the email: VOUCHER INCLUDED; CONTRACT/ORDER #: ___ and CONTRACT LINE ITEM NUMBER(S) ___. (2) To assist the Government in making timely payments, the contractor is requested to include on each voucher the applicable appropriation number(s) shown on the award or subsequent modification document (e.g., block 14 of the Standard Form (SF) 26, or block 21 of the SF-33). (End of Alternate I) As prescribed in HUDAR Section 2432.908(c)(3), replace paragraphs (a)(1) and (2) of the HUDAR Clause 2452.232-71, Voucher Submission (Cost-Reimbursement, Time-And-Materials, And Labor Hour) with the following Alternate II language in all cost-reimbursement, time-and-materials, and labor-hour type solicitations and contracts when requiring vouchers to be submitted electronically to the Department of Treasury's Bureau of Fiscal Services Invoice Processing Platform (IPP) system. ALTERNATE II ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) Voucher submission. (1) The Contractor shall obtain access and submit invoices to the [[Page 15107]] Department of Treasury Bureau of Fiscal Services' Invoice Platform Processing System via the Web at URL: https://arc.publicdebt.treas.gov/ipp/fsippqrg.htm in accordance with the instructions on the website. To constitute a proper voucher, in addition to the items required by the clause at FAR 52.232-25, Prompt Payment, the voucher shall show the elements of cost for the billing period and the cumulative costs to date. (2) To assist the Government in making timely payments, the Contractor is requested to include on each voucher the applicable appropriation number(s) shown on the award or subsequent modification document (e.g., block 14 of the Standard Form (SF) 26, or block 21 of the SF-33). (End of Alternate II) 0 19. Revise 2452.237-73 to read as follows: 2452.237-73 Conduct of work and technical guidance. As prescribed in 2437.110(e)(2), insert the following clause in all contracts for services: CONDUCT OF WORK AND TECHNICAL GUIDANCE ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) The Contracting Officer will provide the contractor with the name and contact information of the Contracting Officer's Representative (COR) assigned to this contract. The COR will serve as the Contractor's liaison with the Contracting Officer with regard to the conduct of work. The Contracting Officer will notify the Contractor in writing of any change to the current COR's status or the designation of a successor COR. (b) The COR for liaison with the Contractor as to the conduct of work is [to be inserted at time of award] or a successor designated by the Contracting Officer. (c) The COR will provide guidance to the Contractor on the technical performance of the contract. Such guidance shall not be of a nature which: (1) Causes the Contractor to perform work outside the statement of work or specifications of the contract; (2) Constitutes a change as defined in FAR 52.243-1; (3) Causes an increase or decrease in the cost of the contract; (4) Alters the period of performance or delivery dates; or (5) Changes any of the other express terms or conditions of the contract. (d) The COR will issue technical guidance in writing or, if issued orally, he/she will confirm such direction in writing within five (5) calendar days after oral issuance. The COR may issue such guidance via telephone, facsimile (fax), or electronic mail. (e) Other specific limitations [to be inserted by Contracting Officer]: (f) The Contractor shall promptly notify the Contracting Officer whenever the Contractor believes that guidance provided by any government personnel, whether or not specifically provided pursuant to this clause, is of a nature described in paragraph (b) of this clause. (End of clause) 0 20. Revise 2452.237-75 to read as follows: 2452.237-75 Access to HUD facilities. As prescribed in 2437.110(e)(3), insert the following clause in solicitations and contracts: ACCESS TO HUD FACILITIES ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) Definitions. As used in this clause-- ``Access'' means physical entry into and, to the extent authorized, mobility within a Government facility. ``Contract'' means any authorized contractual instrument, including, but not restricted to, task orders, purchase orders, Blanket Purchase Agreement calls, etc. ``Contractor employee'' means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the Contractor is associated. It also includes consultants engaged by any of those entities. ``Facility'' and ``Government facility'' mean buildings, including areas within buildings that are owned, leased, shared, occupied, or otherwise controlled by the Federal Government. ``NACI'' means National Agency Check with Inquiries, the minimum background investigation prescribed by the U.S. Office of Personnel Management. ``PIV Card'' means the Personal Identity Verification (PIV) Card, the Federal Government-issued identification credential (identification badge). (b) General. The performance of this contract requires contractor employees to have access to HUD facilities. All such employees who do not already possess a current PIV Card acceptable to HUD shall be required to provide personal background information, undergo a background investigation (NACI or other OPM-required or approved investigation), including an FBI National Criminal History Fingerprint Check, and obtain a PIV Card prior to being permitted access to any such facility in the performance of this contract. Unescorted access to any such facility in performance of this contract. HUD may accept a PIV Card issued by another Federal Government agency, but shall not be required to do so. No contractor employee will be permitted unescorted access to a HUD facility without a proper PIV Card. (c) Background information. (1) For each contractor employee subject to the requirements of this clause and not in possession of a current PIV Card acceptable to HUD, the Contractor shall submit the following properly completed forms: Electronic Standard Form (SF) 85, ``Questionnaire for Non-Sensitive Positions via e-QIP,'' completed USAccess enrollment (electronic fingerprinting) and Optional Form (OF) 306 (Items 1 through 17). Forms SF-85 and OF-306 are available from OPM's website, http://www.opm.gov. The electronic questionnaire is available on OPM's e-QIP site, https://www.opm.gov/investigations/e-qip-application/. The COR will provide all other forms that are not obtainable via the internet. (2) The Contractor shall deliver the forms and information required in paragraph (c)(1) of this clause to the COR as secure as possible. (3) The information provided in accordance with paragraph (c)(1) of this clause will be used to perform a background investigation to determine the suitability of the contractor employees to have access to Government facilities. After completion of the investigation, the COR will notify the Contractor in writing when any contractor employee is determined to be unsuitable for access to a Government facility. The Contractor shall immediately remove such employee(s) from work on this contract that requires physical presence in a Government facility. (4) Affected contractor employees who have had a Federal background investigation without a subsequent break in Federal employment or Federal contract service exceeding 2 years may be exempt from the investigation requirements of this clause subject to verification of the previous investigation. For each such employee, the Contractor shall submit the following information in lieu of the forms and information listed in paragraph (c)(1) of this clause: completed PIV and Pre-Security Form. (d) PIV Cards. (1) HUD will issue a PIV Card to each contractor employee who is to be given access to HUD facilities and who does not already possess a PIV Card acceptable to HUD (see paragraph (b) of this clause). HUD will not issue the PIV Card until the contractor employee has (1) successfully cleared the FBI National Criminal History Fingerprint Check, (2) HUD has initiated the background investigation for the contractor employee, and (3) a Security Approval Notice from HUD PSD via [email protected] has been received. Initiation is defined to mean that all background information required in paragraph (c)(1) of this clause has been delivered to HUD. The employee may not be given access prior to those three events. HUD may issue a PIV Card and grant access pending the completion of the background investigation. HUD will revoke the PIV Card and the employee's access if the background investigation process for the employee, including adjudication of the investigation results, has not been completed within 6 months after the issuance of the PIV Card. (2) PIV Cards shall identify individuals as contractor employees. Contractor employees shall display their PIV Cards on their persons at all times while working in a HUD facility, and shall present cards for inspection upon request by HUD officials or HUD security personnel. (3) The Contractor shall be responsible for all PIV Cards issued to the Contractor's employees and shall immediately notify the COR if any PIV Card(s) cannot be accounted for. The Contractor shall promptly return PIV Cards to HUD, as required by the FAR clause at 52.204-9. The Contractor shall notify the COR immediately whenever any contractor [[Page 15108]] employee no longer has a need for his/her HUD-issued PIV Card (e.g., employee terminates employment with the contractor, employee's duties no longer require access to HUD facilities). The COR will instruct the Contractor on how to return the PIV Card, and upon expiration of this contract, the COR will instruct the Contractor on how to return all HUD-issued PIV Cards not previously returned. Unless otherwise directed by the Contracting Officer, the Contractor shall not return PIV Cards to any person other than the COR. (4) The Contractor shall submit a report to the Contracting Officer and COR no later than five (5) calendar days after the end of each calendar quarter that provides the status of each employee who is required to work in a HUD facility during the performance of the contract. At a minimum, the report shall identify the contractor and the contract number, and list for each employee the following information: (i) Employee name; (ii) Name of HUD facility where employee works; (iii) Date background check submitted; (iv) Date PIV Card issued; (v) PIV card number; (vi) Date employee no longer has need of the HUD PIV Card; (vii) Date Contracting Officer and COR were notified that employee no longer had need of the HUD PIV Card; and (viii) Date PIV Card was returned to COR. (e) Control of access. HUD shall have, and exercise, complete control over granting, denying, withholding, and terminating access of contractor employees to HUD facilities. The COR will notify the Contractor immediately when HUD has determined that an employee is unsuitable or unfit to be permitted access to a HUD facility. The Contractor shall immediately notify such employee that he/she no longer has access to any HUD facility, remove the employee from any such facility that he/she may be in, and provide a suitable replacement in accordance with the requirements of this clause. (f) Access to HUD information systems. If this contract requires contractor employees to have access to HUD information system(s), application(s), or information contained in such systems, the Contractor shall comply with all requirements of HUDAR clause 2452.239-70, Access to HUD Systems, including providing for each affected employee any additional background investigation forms prescribed in that clause. (g) Subcontracts. The Contractor shall incorporate this clause in all subcontracts where the requirements specified in paragraph (b) of this section are applicable to performance of the subcontract. (End of clause) 0 21. Add 2452.237-82 to read as follows: 2452.237-82 Access to controlled unclassified information (CUI). As prescribed in HUDAR 2437.110(e)(7), the Contracting Officer shall insert provision 2452.237-82 in Section L of solicitations when controlled unclassified information (CUI), as defined in the provision, will be provided to potential offerors for the purpose of preparing offers. ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION (CUI) ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) For the sole purpose of preparing an offer in response to this solicitation, HUD may make certain controlled unclassified information (CUI) available to prospective offerors. (b) CUI: (1) Is any information which the loss, misuse, or modification of, or unauthorized access to, could adversely affect the national interest or the conduct of Federal programs or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy; (2) Is not available to the general public; (3) May include: (i) Government acquisition-sensitive information, including source selection information as defined at section 2.101 of the Federal Acquisition Regulation (48 CFR chapter 1); contractor bid or proposal information; (ii) Information contained in individual contracts that is not public information and such contract information that is contained in Government databases; proprietary economic, financial, or business information (e.g., salary information) provided to the Government by other parties (e.g., other contractors) or belonging to HUD; (iii) Personally identifiable information (PII) that includes, but is not limited to, Social Security numbers, names, dates of birth, places of birth, parents' names, credit card numbers, applications for entitlements, and information relating to a person's private financial, income, employment, and tax records; and (iv) Other information that the HUD Contracting Officer (CO) or other authorized HUD employee explicitly identifies as CUI. (4) May exist in various physical media (e.g., paper, electronic file, audio, or video disc), may be transmitted orally, developed under or pre-exist any related contract, and may be in its original form, or a derivative form (i.e., where the information has been included in contractor-generated work, or where it is discernible from materials incorporating or based upon such information). (c) As a prior condition to being provided access to any CUI, each prospective offeror shall execute the following nondisclosure agreements and deliver the executed agreements to the Contracting Officer: (1) Nondisclosure Agreement between the Department of Housing and Urban Development (``HUD'') and Offeror Granting Conditional Access to Controlled Unclassified Information (``Offeror Agreement'') (see Attachment J-__ [contracting officer insert attachment number]). This agreement must be executed by an officer or other representative of the company authorized to bind the firm to the commitments made by the agreement and the individual nondisclosure agreements executed by those offeror employees or representatives to whom the sensitive information will be provided. (2) Nondisclosure Agreement between the Department of Housing and Urban Development and Offeror Employee or Other External Party Granting Conditional Access to Controlled Unclassified Information (``Nondisclosure Agreement'') (see Attachment J__ [contracting officer insert attachment number]). A separate agreement must be executed by each person to whom access to CUI will be provided, regardless of whether HUD or the Offeror provides such access. The offeror is responsible for ensuring that each individual who is provided access to CUI executes a nondisclosure agreement. (3) NDAs must be submitted to the CO and COR within ten (10) days after contract award or as otherwise specified by the CO. (d) CUI will be provided to prospective offerors as follows: [describe how information will be provided including: the party responsible for providing access to information, the procedure for obtaining access, and the format in which the information is contained; e.g., ``by the contracting officer on compact disk (CD) at the pre-proposal meeting]. (e) The offeror's failure to comply with any part of this provision or with the terms of the required nondisclosure agreements may disqualify the offeror for consideration of any contract awarded under this solicitation. (End of Provision) 0 22. Add 2452.237-83 to read as follows: 2452.237-83 Access to controlled unclassified information (CUI). As prescribed in HUDAR 2437.110(e)(8), the Contracting Officer shall insert clause 2452.237-83 in Section H of solicitations and contracts under which contractor and/or subcontractor employees will be granted access to controlled unclassified information as defined in the clause. ACCESS TO CONTROLLED UNCLASSIFIED INFORMATION (CUI) ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) For the sole purpose of performing work required under this contract, the contracting officer may grant the contractor-including contractor employees, subcontractors, and subcontractor employees- access to controlled unclassified information (CUI). (b) CUI: (1) Is any information which the loss, misuse, or modification of, or unauthorized access to, could adversely affect the national interest or the conduct of Federal programs or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy; (2) Is not available to the general public; [[Page 15109]] (3) May include: (i) Government acquisition-sensitive information, including source selection information as defined at section 2.101 of the Federal Acquisition Regulation (48 CFR chapter 1); contractor bid or proposal information; (ii) Information contained in individual contracts that is not public information and such contract information that is contained in Government databases; proprietary economic, financial, or business information (e.g., salary information) provided to the Government by other parties (e.g., other contractors) or belonging to HUD; (iii) Personally identifiable information (PII) that includes, but is not limited to social security numbers, names, dates of birth, places of birth, parents' names, credit card numbers, applications for entitlements, and information relating to a person's private financial, income, employment, and tax records; and (iv) Other information that the HUD contracting officer or other authorized HUD employee explicitly identifies as CUI; and (4) May exist in various physical media (e.g., paper, electronic file, audio or video disc) or be transmitted orally, may be developed under or pre-exist any related contract, and may be in its original form or a derivative form (i.e., where the information has been included in contractor-generated work, or where it is discernible from materials incorporating or based upon such information). (c) As a prior condition to being provided access to any CUI, each contractor or subcontractor employee shall execute the nondisclosure agreement in attachment J.__ [contracting officer insert attachment number] to this contract and deliver the executed agreement to the contracting officer. (d) The contractor shall include this clause in all subcontracts. (e) The contractor's failure to comply with any part of this clause or with the terms of the required nondisclosure agreements may result in the termination of this contract for default. (End of Clause) 0 23. Revise 2452.239-70 to read as follows: 2452.239-70 Access to HUD systems. As prescribed in 2439.107(a), insert the following clause: ACCESS TO HUD SYSTEMS ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) Definitions. As used in this clause-- ``Access'' means the ability to obtain, view, read, modify, delete, and/or otherwise make use of information resources. ``Application'' means the use of information resources (information and information technology) to satisfy a specific set of user requirements (see Office of Management and Budget (OMB) Circular A-130). ``Contract'' means any authorized contractual instrument, including, but not restricted to, task orders, purchase orders, Blanket Purchase Agreement calls, etc. ``Contractor employee'' means an employee of the prime contractor or of any subcontractor, affiliate, partner, joint venture, or team members with which the Contractor is associated. It also includes consultants engaged by any of those entities. ``Mission-critical system'' means an information technology or telecommunications system used or operated by HUD or by a HUD contractor, or organization on behalf of HUD, that processes any information, the loss, misuse, disclosure, or unauthorized access to, or modification of which would have a debilitating impact on the mission of the agency. ``NACI'' means a National Agency Check with Inquiries, the minimum background investigation prescribed by the Office of Personnel Management (OPM). ``PIV Card'' means the Personal Identity Verification (PIV) Card, the Federal Government-issued identification credential (i.e., identification badge). ``Sensitive information'' means any information of which the loss, misuse, or unauthorized access to, or modification of, could adversely affect the national interest, the conduct of Federal programs, or the privacy to which individuals are entitled under section 552a of title 5, United States Code (the Privacy Act), but which has not been specifically authorized under criteria established by an Executive Order or an Act of Congress to be kept secret in the interest of national defense or foreign policy. ``System'' means an interconnected set of information resources under the same direct management control, which shares common functionality. A system normally includes hardware, software, information, data, applications, communications, and people (see OMB Circular A-130). System includes any system owned by HUD or owned and operated on HUD's behalf by another party. (b) General. (1) The performance of this contract requires contractor employees to have access to a HUD system or systems. All such employees who do not already possess a current PIV Card acceptable to HUD shall be required to provide personal background information, undergo a background investigation (NACI or other OPM- required or approved investigation), including an FBI National Criminal History Fingerprint Check, and obtain a PIV Card prior to being permitted access to any such system in performance of this contract. HUD may accept a PIV Card issued by another Federal Government agency, but shall not be required to do so. No contractor employee will be permitted access to any HUD system without a PIV Card. (2) All contractor employees who require access to mission- critical systems or sensitive information contained within a HUD system or application(s) are required to have a more extensive background investigation. The investigation shall be commensurate with the risk and security controls involved in managing, using, or operating the system or applications(s). (c) Citizenship-related requirements. Each affected contractor employee as described in paragraph (b) of this clause shall be: (1) A United States (U.S.) citizen; or, (2) A national of the United States (see 8 U.S.C. 1408); or, (3) An alien lawfully admitted into, and lawfully permitted to be employed in the United States, provided that for any such individual, the Government is able to obtain sufficient background information to complete the investigation as required by this clause. Failure on the part of the contractor to provide sufficient information to perform a required investigation or the inability of the Government to verify information provided for affected contractor employees will result in denial of their access. (d) Background investigation process. (1) The Contracting Officer's Representative (COR) shall notify the contractor of those contractor employee positions requiring background investigations. (i) For each contractor employee requiring access to HUD information systems, the contractor shall submit the following properly completed forms: Electronic Standard Form (SF) 85, ``Questionnaire for Non-sensitive Positions'' via e-QIP, completed USAccess enrollment (electronic fingerprinting) and Optional Form (OF) 306 (Items 1 through 17). The SF-85 and OF-306 are available from the OPM website, http://www.opm.gov. The electronic questionnaire is available on OPM's e-QIP site, https://www.opm.gov/investigations/e-qip-application/. (ii) For each contractor employee requiring access to mission- critical systems and/or sensitive information contained within a HUD system and/or application(s), the Contractor shall submit the following properly completed forms: Electronic SF-85P, ``Questionnaire for Public Trust Positions'' via e-QIP;'' Electronic Standard Form (SF) 85, ``Questionnaire for Non-sensitive Positions via e-QIP,'' completed USAccess enrollment (electronic fingerprinting) and Optional Form (OF) 306 (Items 1 through 17). The SF-85 and OF-306 are available from the OPM website, http://www.opm.gov. The Electronic questionnaire is available on OPM's e- QIP site, https://www.opm.gov/investigations/e-qip-application/; and a Fair Credit Reporting Act form (authorization for the credit-check portion of the investigation). Contractor employees shall complete the Medical Release behind the SF-85P. (iii) The electronic questionnaires (e-QIP) SF-85, 85P, and OF- 306 are available from OPM's websites https://www.opm.gov/investigations/e-qip-application/ and http://www.opm.gov. The COR will provide all other forms that are not obtainable via the internet. (2) The Contractor shall deliver the forms and information required in paragraph (d)(1) of this clause to the COR as securely as possible. (3) Affected contractor employees who have had a Federal background investigation without a subsequent break in Federal employment or Federal contract service exceeding 2 years may be exempt from the investigation requirements of this clause, subject to verification of the previous investigation. For each such employee, the Contractor shall submit the following information in lieu of the forms and information listed in paragraph (d)(1) of this clause: PIV and Pre-Security Form. [[Page 15110]] (4) The investigation process shall consist of a range of personal background inquiries and contacts (written and personal) and verification of the information provided on the investigative forms described in paragraph (d)(1) of this clause. (5) Upon completion of the investigation process, the COR will notify the Contractor if any contractor employee is determined to be unsuitable to have access to the system(s), application(s), or information. Such an employee may not be given access to those resources. If any such employee has already been given access pending the results of the background investigation, the Contractor shall ensure that the employee's access is revoked immediately upon receipt of the COR's notification. (6) Failure of the COR to notify the Contractor (see paragraph (d)(1) of this clause) of any employee who should be subject to the requirements of this clause and is known, or should reasonably be known, by the Contractor to be subject to the requirements of this clause, shall not excuse the Contractor from making such employee(s) known to the COR. Any such employee who is identified and is working under the contract, without having had the appropriate background investigation or furnished the required forms for the investigation, shall cease to perform such work immediately and shall not be given access to the system(s)/application(s) described in paragraph (b) of this clause until the Contractor has provided the investigative forms to the COR for the employee, as required in paragraph (d)(1) of this clause. (7) The Contractor shall notify the COR in writing whenever a contractor employee for whom a background investigation package was required and submitted to HUD, or for whom a background investigation was completed, terminates employment with the Contractor or otherwise is no longer performing work under this contract that requires access to the system(s), application(s), or information. The Contractor shall provide a copy of the written notice to the Contracting Officer. (e) PIV Cards. (1) HUD will issue a PIV Card to each contractor employee who is to be given access to HUD systems and does not already possess a PIV Card acceptable to HUD (see paragraph (b) of this clause). HUD will not issue the PIV Card until the contractor employee has (1) successfully cleared an FBI National Criminal History Fingerprint Check, (2) HUD has initiated the background investigation for the contractor employee, and (3) a Security Approval Notice from HUD PSD via [email protected] has been received. Initiation is defined to mean that all background information required in paragraph (d)(1) of this clause has been delivered to HUD. The employee may not be given access prior to those three events. HUD may issue a PIV Card and grant access pending the completion of the background investigation. HUD will revoke the PIV Card and the employee's access if the background investigation process for the employee, including adjudication of the investigation results, has not been completed within 6 months after the issuance of the PIV Card. (2) PIV Cards shall identify individuals as contractor employees. Contractor employees shall display their PIV Cards on their persons at all times while working in a HUD facility, and shall present cards for inspection upon request by HUD officials or HUD security personnel. (3) The Contractor shall be responsible for all PIV Cards issued to the Contractor's employees and shall immediately notify the COR if any PIV Card(s) cannot be accounted for. The Contractor shall promptly return PIV Cards to HUD as required by the FAR clause at 52.204-9. The Contractor shall notify the COR immediately whenever any contractor employee no longer has a need for his/her HUD-issued PIV Card (e.g., the employee terminates employment with the Contractor, the employee's duties no longer require access to HUD systems). The COR will instruct the Contractor as to how to return the PIV Card. Upon expiration of this contract, the COR will instruct the Contractor as to how to return all HUD-issued PIV Cards not previously returned. Unless otherwise directed by the Contracting Officer, the Contractor shall not return PIV Cards to any person other than the COR. (4) The Contractor shall submit a report to the Contracting Officer and COR no later than five (5) calendar days after the end of each calendar quarter that provides the status of each employee who is required to work in a HUD facility during the performance of the contract. At a minimum, the report shall identify the Contractor and the contract number, and list for each employee the following information: (i) Employee name; (ii) Name of HUD facility where employee works; (iii) Date background check submitted; (iv) Date PIV Card issued; (v) PIV card number; (vi) Date employee no longer has need of the HUD PIV Card; (vii) Date Contracting Officer and COR were notified that employee no longer has need of the HUD PIV Card; and (viii) Date PIV Card returned to COR. (f) Control of access. HUD shall have and exercise full and complete control over granting, denying, withholding, and terminating access of contractor employees to HUD systems. The COR will notify the Contractor immediately when HUD has determined that an employee is unsuitable or unfit to be permitted access to a HUD system. The Contractor shall immediately notify such employee that he/she no longer has access to any HUD system, physically retrieve the employee's PIV Card from the employee, and provide a suitable replacement employee in accordance with the requirements of this clause. (g) Incident response notification. An incident is defined as an event, either accidental or deliberate, that results in unauthorized access, loss, disclosure, modification, or destruction of information technology systems, applications, or data. The contractor shall immediately notify the COR and the Contracting Officer of any known or suspected incident, or any unauthorized disclosure of the information contained in the system(s) to which the Contractor has access. (h) Nondisclosure of information. (1) Neither the Contractor nor any of its employees shall divulge or release data or information developed or obtained during performance of this contract, except to authorized Government personnel with an established need to know, or upon written approval of the Contracting Officer. Information contained in all source documents and other media provided by HUD is the sole property of HUD. (2) The contractor shall require that all employees who may have access to the system(s)/applications(s) identified in paragraph (b) of this clause sign a pledge of nondisclosure of information. The employees shall sign these pledges before they are permitted to perform work under this contract. The contractor shall maintain the signed pledges for a period of 3 years after final payment under this contract. The contractor shall provide a copy of these pledges to the COR. (i) Security procedures. (1) The Contractor shall comply with applicable Federal and HUD statutes, regulations, policies, and procedures governing the security of the system(s) to which the Contractor's employees have access including, but not limited to: (i) The Federal Information Security Management Act (FISMA); (ii) Office of Management and Budget (OMB) Circular A-130, Management of Federal Information Resources, Appendix III, Security of Federal Automated Information Resources; (iii) HUD Handbook 2400.25, Information Technology Security Policy; (iv) HUD Handbook 732.3, Personnel Security/Suitability; (v) Federal Information Processing Standards 201 (FIPS 201), Sections 2.1 and 2.2; (vi) Homeland Security Presidential Directive 12 (HSPD-12); and (vii) OMB Memorandum M-05-24, Implementing Guidance for HSPD-12. The HUD Handbooks are available online at: http://www.hud.gov/offices/adm/hudclips/ or from the COR. (2) The Contractor shall develop and maintain a compliance matrix that lists each requirement set forth in paragraphs (b), (c), (d), (e), (f), (g), (h), (i)(1), and (m) of this clause with specific actions taken, and/or procedures implemented, to satisfy each requirement. The contractor shall identify an accountable person for each requirement, the date upon which actions/procedures were initiated/completed, and certify that information contained in this compliance matrix is correct. The Contractor shall ensure that information in this compliance matrix is complete, accurate, and up- to-date at all times for the duration of this contract. Upon request, the Contractor shall provide copies of the current matrix to HUD. (3) The Contractor shall ensure that its employees, in performance of the contract, receive annual training (or once if the contract is for less than one year) in HUD information technology security policies, procedures, computer ethics, and best practices in accordance with HUD Handbook 2400.25. [[Page 15111]] (j) Access to contractor's systems. The Contractor shall afford HUD, including the Office of Inspector General, access to the Contractor's facilities, installations, operations, documentation (including the compliance matrix required under paragraph (i)(2) of this clause), databases, and personnel used in performance of the contract. Access shall be provided to the extent required to carry out, but not limited to, any information security program activities, investigation, and audit to safeguard against threats and hazards to the integrity, availability, and confidentiality of HUD data and systems, or to the function of information systems operated on behalf of HUD, and to preserve evidence of computer crime. (k) Contractor compliance with this clause. Failure on the part of the Contractor to comply with the terms of this clause may result in termination of this contract for default. (l) Physical access to Federal Government facilities. The Contractor and any subcontractor(s) shall also comply with the requirements of HUDAR clause 2452.237-75 when the Contractor's or subcontractor's employees will perform any work under this contract on site in a HUD or other Federal Government facility. (m) Subcontracts. The Contractor shall incorporate this clause in all subcontracts where the requirements specified in paragraph (b) of this clause are applicable to performance of the subcontract. (End of clause) 0 24. Amend 2452.242-71 by revising the introductory text and main clause to read as follows: 2452.242-71 Contract management system. As prescribed in 2442.1107, insert the following clause: CONTRACT MANAGEMENT SYSTEM ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) (a) The Contractor shall use contract management baseline planning and progress reporting as described herein. (b) The contract management system shall consist of two parts: (1) Baseline plan. The baseline plan shall consist of: (i) A narrative portion that: (A) Identifies each task and significant activity required for completing the contract work, critical path activities, task dependencies, task milestones, and related deliverables; (B) Describes the contract schedule, including the period of time needed to accomplish each task and activity (see paragraph (b)(1)(ii)(B) of this clause); (C) Describes staff (e.g., hours per individual), financial, and other resources allocated to each task and significant activity; and (D) Provides the rationale for contract work organization and resource allocation. (ii) A graphic portion showing: (A) Cumulative planned or budgeted costs of work scheduled for each reporting period over the life of the contract (i.e., the budgeted baseline); and (B) The planned start and completion dates of all planned and budgeted tasks and activities. (2) Progress reports. Progress reports shall consist of: (i) A narrative portion that: (A) Provides a brief, concise summary of technical progress made and the costs incurred for each task during the reporting period; and (B) Identifies problems, or potential problems, that will affect the contract's cost or schedule, the causes of the problems, and the Contractor's proposed corrective actions. (ii) A graphic portion showing: (A) The original time-phased, budgeted baseline; (B) The schedule status and degree of completion of the tasks, activities, and deliverables shown in the baseline plan for the reporting period, including actual start and completion dates for all tasks and activities in the baseline plan; and (C) The costs incurred during the reporting period, the current total amount of costs incurred through the end date of the reporting period for budgeted work, and the projected costs required to complete the work under the contract. (3) Reporting frequency. The reports described in paragraph (b)(2) of this clause shall be submitted [insert period, e.g., monthly, quarterly, or schedule based on when payments will be made under the contract]. (c) The formats, forms, and/or software to be used for the contract management system under this contract shall be [Contracting Officer insert appropriate language, such as ``as prescribed in the schedule;'' ``a format, forms and/or software designated by the COR'' or, ``the Contractor's own format, forms and/or software, subject to the approval of the COR.'']. (d) When this clause applies to individual task orders under the contract, the word ``contract'' shall mean ``task order.'' (End of clause) * * * * * 0 25. Revise 2452.246-70 to read as follows: 2452.246-70 Inspection and acceptance. As prescribed in 2446.502-70, insert the following clause in all solicitations and contracts: INSPECTION AND ACCEPTANCE ([ABBREVIATED MONTH AND YEAR OF DATE OF PUBLICATION OF FINAL RULE]) Inspection and acceptance of all work required under this contract shall be performed by the Contracting Officer's Representative (COR) or other individual as designated by the Contracting Officer or COR. (End of clause) 0 26. Revise 2452.3 to read as follows: 2452.3 Provision and clause matrix. BILLING CODE 4210-67-P [[Page 15112]] [GRAPHIC] [TIFF OMITTED] TP09AP18.001 [[Page 15113]] [GRAPHIC] [TIFF OMITTED] TP09AP18.002 [[Page 15114]] [GRAPHIC] [TIFF OMITTED] TP09AP18.003 [[Page 15115]] [GRAPHIC] [TIFF OMITTED] TP09AP18.004 [[Page 15116]] [GRAPHIC] [TIFF OMITTED] TP09AP18.005 BILLING CODE 4210-67-C [[Page 15117]] Dated: February 28, 2018. Keith W. Surber, Chief Procurement Officer. [FR Doc. 2018-06362 Filed 4-6-18; 8:45 am] BILLING CODE 4210-67-P
![Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15101
Capital Region with a commissioned, FM channel 16 (156.8 MHz) and General Counsel, Department of
warrant, or petty officer on board and channel 22A (157.1 MHz). Housing and Urban Development, 451
displaying a Coast Guard ensign. (4) The Coast Guard will publish a 7th Street SW, Room 10276,
(4) Participant means all persons and notice in the Fifth Coast Guard District Washington, DC 20410–0500.
vessels participating in the Maryland Local Notice to Mariners and issue a 2. Electronic Submission of
Freedom Swim event under the marine information broadcast on VHF– Comments. Interested persons may
auspices of the Marine Event Permit FM marine band radio. submit comments electronically through
issued to the event sponsor and (d) Enforcement officials. The Coast the Federal eRulemaking Portal at
approved by Commander, Coast Guard Guard may be assisted with marine www.regulations.gov. HUD strongly
Sector Maryland-National Capital event patrol and enforcement of the encourages commenters to submit
Region. regulated area by other Federal, State, comments electronically. Electronic
(b) Location. The following location is and local agencies. submission of comments allows the
a regulated area: All navigable waters of (e) Enforcement period. This section commenter maximum time to prepare
the Choptank River, from shoreline to will be enforced from 7 a.m. through and submit a comment, ensures timely
shoreline, within an area bounded on 9:30 a.m. on May 20, 2018. receipt by HUD, and enables HUD to
the east by a line drawn from latitude make comments immediately available
38°35′14.2″ N, longitude 076°02′33.0″ Dated: April 3, 2018.
Lonnie P. Harrison, Jr., to the public. Comments submitted
W, thence south to latitude 38°34′08.3″ electronically through the
N, longitude 076°03′36.2″ W, and Captain, U.S. Coast Guard, Captain of the
Port Maryland-National Capital Region. www.regulations.gov website can be
bounded on the west by a line drawn viewed by other commenters and
from latitude 38°35′32.7″ N, longitude [FR Doc. 2018–07109 Filed 4–6–18; 8:45 am]
interested members of the public. To
076°02′58.3″ W, thence south to latitude BILLING CODE 9110–04–P
submit comments electronically,
38°34′24.7″ N, longitude 076°04′01.3″ commenters should follow the
W, located at Cambridge, MD. All instructions provided on the website.
coordinates reference Datum NAD 1983. DEPARTMENT OF HOUSING AND
(c) Special local regulations: (1) The URBAN DEVELOPMENT Note: To receive consideration as public
COTP or Coast Guard Patrol comments, comments must be submitted
Commander may forbid and control the 48 CFR Parts 2402, 2416, 2437, 2442, through one of the two methods specified
above. Again, all submissions must refer to
movement of all vessels and persons, and 2452 the docket number and title of the rule.
including event participants, in the
[Docket No. FR–6041–P–01]
regulated area. When hailed or signaled No Facsimile Comments. Facsimile
by an official patrol, a vessel or person RIN 2501–AD85 (FAX) comments are not acceptable.
in the regulated area shall immediately Public Inspection of Public
comply with the directions given. HUD Acquisition Regulation (HUDAR) Comments. All properly submitted
Failure to do so may result in expulsion AGENCY: Office of the Chief Procurement comments and communications
from the area, citation for failure to Officer, HUD. submitted to HUD will be available for
comply, or both. The Coast Guard Patrol public inspection and copying between
Commander may terminate the event, or ACTION: Proposed rule.
8 a.m. and 5 p.m. weekdays at the above
the operation of any support vessel SUMMARY: This proposed rule would address. Due to security measures at the
participating in the event, at any time it amend the HUD Acquisition Regulation HUD Headquarters building, an advance
is deemed necessary for the protection (HUDAR) to implement miscellaneous appointment to review the public
of life or property. changes. These changes include comments must be scheduled by calling
(2) Except for participants and vessels the Regulations Division at 202–402–
incorporation of several clauses and
already at berth, all persons and vessels 3055 (this is not a toll-free number).
associated additions to the HUDAR
within the regulated area at the time it Individuals with speech or hearing
matrix, replacement of references to
is implemented shall depart the impairments may access this number
Government Technical Representatives
regulated area. via TTY by calling the Federal
(3) Persons and vessels desiring to (GTRs) with references to Contracting
Officer’s Representatives (CORs), Information Relay Service, toll-free, at
transit, moor, or anchor within the 800–877–8339. Copies of all comments
regulated area must obtain authorization codification of deviations approved by
HUD’s Chief Procurement Officer (CPO) submitted are available for inspection
from the COTP Maryland-National and downloading at
Capital Region or Coast Guard Patrol and minor corrections to clauses,
provisions, and the HUDAR matrix. www.regulations.gov.
Commander. Prior to the enforcement
period, vessel operators may request DATES: Comment due date: June 8, 2018. FOR FURTHER INFORMATION CONTACT: Dr.
permission to transit, moor, or anchor ADDRESSES: Interested persons are Akinsola A. Ajayi, Acting Assistant
within the regulated area from the COTP invited to submit comments regarding Chief Procurement Officer for Policy,
Maryland-National Capital Region at this proposed rule to the Regulations Systems and Risk Management, Office
telephone number 410–576–2693 or on Division, Office of General Counsel, of the Chief Procurement Officer,
Marine Band Radio, VHF–FM channel Department of Housing and Urban Department of Housing and Urban
16 (156.8 MHz). During the enforcement Development, 451 7th Street SW, Room Development, 451 7th Street SW,
period, persons or vessel operators may 10276, Washington, DC 20410–0500. Washington, DC 20410; telephone
sradovich on DSK3GMQ082PROD with PROPOSALS
request permission to transit, moor, or Communications and comment number 202–708–0294 (this is not a toll-
anchor within the regulated area from submissions must refer to the above free number), fax number 202–708–
the Coast Guard Patrol Commander on docket number and title. There are two 8912. Persons with hearing or speech
Marine Band Radio, VHF–FM channel methods for submitting public impairments may access Dr. Ajayi’s
16 (156.8 MHz). The Coast Guard Patrol comments. telephone number via TTY by calling
Commander and official patrol vessels 1. Submission of Comments by Mail. the toll-free Federal Relay Service at
enforcing this regulated area can be Comments may be submitted by mail to 800–877–8339.
contacted on marine band radio VHF– the Regulations Division, Office of SUPPLEMENTARY INFORMATION:
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Executive Order 13132, Federalism Categories, Requirements, and contracts meeting the requirements
Executive Order 13132 (entitled Estimated Level of Effort, in all level-of- stated in paragraphs (a) and (b) of this
‘‘Federalism’’) prohibits an agency from effort solicitations. Contracting Officer’s section, and in instances where the
publishing any rule that has federalism Representatives will provide the labor clause is to be incorporated, pursuant to
implications if the rule imposes descriptions and estimated number of FAR 12.301(f), a waiver to the standard
substantial direct compliance costs on hours. Contracting Officers will obtain commercial requirements, to include the
state and local governments and is not wage rate determinations for any clause, is not required.
classifications covered by the Service (d) The Contracting Officer shall use
required by statute, or the rule preempts
Contract Act. the basic clause for cost type, labor-
state law, unless the agency meets the
consultation and funding requirements hour, and time and materials contracts
PART 2437—SERVICE CONTRACTING for the services described in paragraph
of section 6 of the Executive Order. This
proposed rule would not have ■ 5. The authority citation for part 2437 (b) of this section. The clause shall be
federalism implications and would not continues to read as follows: used with its alternate for fixed-price
impose substantial direct compliance type contracts for the services described
Authority: 40 U.S.C. 121(c); 42 U.S.C.
costs on state and local governments or 3535(d). in paragraph (b). The Contracting
preempt state law within the meaning of Officer may elect to incorporate the
■ 6. Amend 2437.110 by adding clause into contracts below the
the Executive Order. paragraphs (e)(7) and (8) to read as established threshold.
List of Subjects in 48 CFR Parts 2402, follows: (e) The clause is not applicable to
2416, 2437, 2442, and 2452 2437.110 Solicitation provisions and contracts that only expend a level of
Government procurement. contract clauses. effort without a completion deliverable/
For the reasons discussed in the * * * * * product due, e.g., temporary services.
preamble, HUD proposes to amend 48 (e) * * * (f) This clause is not applicable to
CFR chapter 24 as follows: (7) The Contracting Officer shall Information Technology service
insert provision 2452.237–82, Access to contracts being managed through
PART 2402—DEFINITIONS OF WORDS Controlled Unclassified Information Earned Value Management techniques
AND TERMS (CUI), in Section L of solicitations when that require reporting of Earned Value
controlled unclassified information Management.
■ 1. The authority citation for part 2402 (‘‘CUI’’), as defined in the provision,
continues to read as follows: will be provided to potential offerors for PART 2452—SOLICITATION
the purpose of preparing offers. PROVISIONS AND CONTRACT
Authority: 40 U.S.C. 121(c); 42 U.S.C.
3535(d). (8) The Contracting Officer shall CLAUSES
insert clause 2452.237–83 in Section H, ■ 9. The authority citation for part 2452
2402.101 [Amended] Access to Controlled Unclassified continues to read as follows:
■ 2. Amend 2402.101 by removing the Information (CUI), of solicitations and
contracts under which contractor and/or Authority: 40 U.S.C. 121(c); 42 U.S.C.
definitions of ‘‘Government Technical 3535(d).
Monitor (GTM)’’ and ‘‘Government subcontractor employees will be granted
Technical Representative (GTR)’’. access to controlled unclassified Subpart 2452.2—Texts of Provisions
information (CUI) as defined in the and Clauses
PART 2416—TYPES OF CONTRACTS clause.
■ 10. Revise 2452.203–70 to read as
■ 3. The authority citation for part 2416 PART 2442—CONTRACT follows:
continues to read as follows: ADMINISTRATION AND AUDIT
SERVICES 2452.203–70 Prohibition against the use of
Authority: 40 U.S.C. 121(c); 41 U.S.C. 253;
federal employees.
42 U.S.C. 3535(d). ■ 7. The authority citation for part 2442 As prescribed in 2403.670, insert the
■ 4. Amend 2416.506–70 by revising continues to read as follows: following clause in solicitations and
paragraph (c) and adding paragraphs (e) Authority: 40 U.S.C. 121(c); 42 U.S.C. contracts:
and (f) to read as follows: 3535(d). PROHIBITION AGAINST THE USE OF
2416.506–70 Solicitation provisions and ■ 8. Revise 2442.1107 to read as follows: FEDERAL EMPLOYEES ([ABBREVIATED
contract clauses. MONTH AND YEAR OF DATE OF
2442.1107 Contract clause. PUBLICATION OF FINAL RULE])
* * * * *
(a) For purposes of clause 2452.242– In accordance with Federal Acquisition
(c) Estimated quantities—
71, the term ‘‘contract’’ shall also Regulation 3.601, contracts are not to be
requirements contract. The Contracting
include task orders and purchase orders. awarded to Federal employees or a business
Officer shall insert the clause at (b) The Contracting Officer shall concern or other organization owned or
2452.216–77, Estimated Quantities— insert a clause substantially the same as substantially owned or controlled by one or
Requirements Contract, in all the clause at 2452.242–71, Contract more Federal employees. For the purposes of
solicitations for requirements contracts. Management System, in solicitations this contract, this prohibition against the use
* * * * * and contracts when all of the following of Federal employees includes any work
(e) Level of effort and fee payment. performed by the contractor or any of its
sradovich on DSK3GMQ082PROD with PROPOSALS
conditions apply:
The Contracting Officer shall insert employees, subcontractors, or consultants.
(1) A contract exceeds $1,000,000,
clause 2452.216–81, Level of Effort and including all options; and (End of clause)
Fee Payment, in all level-of-effort term (2) The contract is a completion type ■ 11. Revise 2452.208–71 to read as
contracts. that requires the delivery of an overall follows:
(f) Labor categories, requirements, and end deliverable or solution (e.g.,
estimated level of effort. The evaluation, study, model). 2452.208–71 Reproduction of reports.
Contracting Officer shall insert (c) To the extent the clause will not As prescribed in 2408.802–70, insert
provision 2452.216–82, Labor normally be included in commercial the following clause in solicitations and
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contracts where the contractor is up through the permitted number. Pages LEVEL OF EFFORT AND FEE PAYMENT
required to produce, as an end product, beyond that limit will not be evaluated. ([ABBREVIATED MONTH AND YEAR OF
publications or other written materials: (2) A page shall consist of one side of a DATE OF PUBLICATION OF FINAL RULE])
single sheet of 8.5″ x 11″ paper, single (a) The total level of effort to be provided
REPRODUCTION OF REPORTS spaced, using not smaller than 12-point type
([ABBREVIATED MONTH AND YEAR OF under this contract is ll hours. The
font, and having margins at the top, bottom, contractor shall be reimbursed for the actual
DATE OF PUBLICATION OF FINAL RULE]) and sides of the page of no less than one inch
labor costs incurred.
In accordance with Title I of the in width.
(b) The contractor shall be paid the fixed
Government Printing and Binding (3) Any exemptions from this limitation are
fee specified in B. ll, Estimated Cost and
Regulations, printing of reports, data or other stipulated under the Instructions to Offerors.
Fixed Fee, herein, on a prorated basis in
written material, if required herein, is (4) Offerors are encouraged to use recycled
paper and to use both sides of the paper (see proportion to the percentage of the level of
authorized provided that the material effort (LOE) performed at the time of billing
produced does not exceed 5,000 production the FAR clause at 52.204–4).
in accordance with the following formula:
units of any page and that items consisting (End of Provision) (Number of acceptable hours delivered)
of multiple pages do not exceed 25,000
production units in aggregate. The aggregate
■ 13. Revise 2452.216–80 to read as divided by (Total hours in level of effort) X
follows: (Total fixed fee) = Fee payment
number of production units is determined by
(e.g., 1,000 hours delivered/10,000 hours
multiplying the number of pages by the 2452.216–80 Estimated cost and fixed-fee. (LOE) × $15,000 = $1,500)
number of copies. A production unit is one
As prescribed in 2416.307(b), insert (c) In no event shall the amount of fee paid
sheet, size 8.5 by 11 inches or less, printed
the following clause: under the contract exceed the total fixed fee
on one side only and in one color. All copy
specified in B.[ ], Estimated Cost and Fixed
preparation to produce camera-ready copy ESTIMATED COST AND FIXED–FEE Fee, herein.
for reproduction must be set by methods ([ABBREVIATED MONTH AND YEAR OF
other than hot metal typesetting. The reports DATE OF PUBLICATION OF FINAL RULE]) (End of clause)
should be produced by methods employing (a) It is estimated that the total cost to the
stencils, masters and plates which are to be ■ 15. Add 2452.216–82 to read as
Government for full performance of this follows:
used on single unit duplicating equipment no contract will be $lll [Contracting Officer
larger than 11 by 17 inches with a maximum insert amount], of which $lll 2452.216–82 Labor categories,
image of 103⁄4 by 141⁄4 inches and are [Contracting Officer insert amount] requirements, and estimated level of effort.
prepared by methods or devices that do not represents the estimated reimbursable costs,
utilize reusable contact negatives and/or and $lll [Contracting Officer insert As prescribed in 2416.506–70(g),
positives prepared with a camera requiring a amount] represents the fixed fee. insert the following provision in all
darkroom. All reproducibles (camera ready (b) If this contract is incrementally funded, level-of-effort solicitations:
copies for reproduction by photo offset the following shall apply:
methods) shall become the property of the LABOR CATEGORIES, REQUIREMENTS,
(1) Total funds currently available for
Government and shall be delivered to the AND ESTIMATED LEVEL OF EFFORT
payment and allotted to this contract are
Government with the report, data, or other ([ABBREVIATED MONTH AND YEAR OF
$lll [Contracting Officer insert amount],
written materials. DATE OF PUBLICATION OF FINAL RULE])
of which lll [Contracting Officer insert
(End of clause) amount] represents the limitation for (a) The Government anticipates that the
reimbursable costs and $lll Contracting following categories of labor shall be
■12. Amend 2452.215–70 by revising Officer insert amount] represents the necessary to provide the services required by
Alternate II to read as follows: prorated amount of the fixed fee (see also the any contract resulting from this solicitation.
clause at FAR 52.232–22, ‘‘Limitation of Offerors must provide evidence that
2452.215–70 Proposal content.
Funds’’ herein). proposed staff meet the technical
* * * * * (2) If and when the contract is fully requirements for each category.
funded, as specified in paragraph (a) of this (1) [Insert labor titles and technical
Alternate II requirements]
clause, the clause at FAR 52.232–20,
As prescribed in 2415.209(a), add the ‘‘Limitation of Cost,’’ herein, shall become (b) To assist offerors in the preparation of
following paragraph (e) when the size of applicable. proposals, the Government estimates that the
any proposal Part I or Part II will be (3) The Contracting Officer may allot following levels of effort (staff hours) will be
limited: additional funds to the contract up to the necessary to provide the services required by
total specified in paragraph (a) of this clause any contract resulting from this solicitation.
PROPOSAL CONTENT ALTERNATE II without the concurrence of the contractor. These estimates are not binding on the
([ABBREVIATED MONTH AND YEAR OF Government. Offerors must break out their
(End of clause)
DATE OF PUBLICATION OF FINAL RULE]) proposed costs by labor category. The
(e) Size limits of Parts I and II. (1) Offerors ■ 14. Add 2452.216–81 to read as contract performance period is intended to be
shall limit submissions of Parts I and II of follows: for a total of [ ] months (a base period of
their initial proposals to the page limitations [ ] months with [ ][insert number of
2452.216–81 Level of effort and fee
identified in the Instructions to Offerors. options] [ ][insert number of months per
payment.
Offerors are cautioned that, if any Part of option]-month option periods. The actual
their proposal exceeds the stipulated limits As prescribed in 2416.506–70(f), duration of the base period may be different.
for that Part, the Government will evaluate insert the following clause in all level- Offerors may propose labor at different rates
only the information contained in the pages of-effort term contracts: per contract period.
STAFF HOURS
sradovich on DSK3GMQ082PROD with PROPOSALS
1st option 2nd option 3rd option 4th option
Labor category Base period period period period period
[Insert titles and estimated number of hours per category]
(End of provision) ■ 16. Revise 2452.219–72 to read as 2452.219–72 Section 8(a) direct awards.
follows: As prescribed in 2419.811–3(f), insert
the following clause:
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SECTION 8(A) DIRECT AWARD https://arc.publicdebt.treas.gov/ipp/ Acquisition Regulation and HUD Acquisition
([ABBREVIATED MONTH AND YEAR OF fsippqrg.htm in accordance with the Regulation. The Contracting Officer may
DATE OF PUBLICATION OF FINAL RULE]) instructions on the website. To constitute a disallow all or part of a claimed cost that is
(a) This contract is issued as a direct award proper invoice, the invoice must include all inadequately supported.
between the Department of Housing and items required by the FAR clause at 52.232– (3) For time-and-materials and labor-hour
Urban Development (HUD) and the 8(a) 25, ‘‘Prompt Payment.’’ contracts, the Contractor shall aggregate
Contractor pursuant to a Partnership (2) To assist the Government in making vouchered costs by the individual task for
Agreement (Agreement) between the Small timely payments, the Contractor is also which the costs were incurred and clearly
Business Administration (SBA) and HUD. requested to include on each invoice the identify the task or job.
appropriation number shown on the contract (c) Final payment. The final payment shall
The SBA retains responsibility for 8(a)
award document (e.g., block 14 of the not be made until the Contracting Officer has
certification, 8(a) eligibility determinations
Standard Form (SF) 26, block 21 of the SF– certified that the Contractor has complied
and related issues, and providing counseling
33, or block 25 of the SF–1449). with all terms of the contract.
and assistance to the 8(a) contractor under
the 8(a) program. The cognizant SBA district (End of Alternate II) (End of clause)
office is: ■ 18. Revise 2452.232–71 to read as ALTERNATE I ([ABBREVIATED MONTH
[To be completed by Contracting Officer at follows: AND YEAR OF DATE OF PUBLICATION OF
time of award]. FINAL RULE])
(b) SBA is the prime contractor and lll 2452.232–71 Voucher submission (cost- As prescribed in HUDAR Section
[insert name of 8(a) contractor] is the reimbursement, time-and-materials, and 2432.908(c)(3), replace paragraphs (a)(1) and
subcontractor under this contract. Under the labor hour). (2) with the following Alternate I paragraphs
terms of the Agreement, HUD is responsible As prescribed in HUDAR Section to HUDAR Clause 2452.232–71, Voucher
for administering the contract and taking any
2432.908(c)(3), insert the following Submission (Cost Reimbursement, Time-
action on behalf of the Government under the
clause in all cost-reimbursable, time- And-Materials, and Labor Hour) in time and
terms and conditions of the contract.
and-materials, and labor-hour material, cost-reimbursable and labor hour
However, the HUD Contracting Officer shall
solicitations and contracts where solicitations and contracts other than
give advance notice to the SBA before issuing
performance-based under which
a final notice terminating performance, either vouchering and payments will NOT be
performance-based payments will be used
in whole or in part, under the contract. The made through the Department of and where invoices are to be submitted
HUD Contracting Officer shall also Treasury’s Bureau of Fiscal Services electronically by email, but will not be paid
coordinate with SBA prior to processing any Invoice Processing Platform (IPP) through the Department of Treasury’s Bureau
novation agreement(s). HUD may assign system: of Fiscal Services Invoice Processing
contract administration functions to a
2452.232–71 VOUCHER SUBMISSION Platform (IPP) system.
contract administration office.
(COST–REIMBURSEMENT, TIME-AND- (a) Voucher submission. (1) The Contractor
(c) lll [insert name of 8(a) contractor]
MATERIALS, AND LABOR HOUR) shall submit vouchers electronically via
agrees:
([ABBREVIATED MONTH AND YEAR OF email to the email addresses shown on the
(1) To notify the HUD Contracting Officer,
DATE OF PUBLICATION OF FINAL RULE]) contract award document (e.g., block 12 of
simultaneously with its notification to SBA
the Standard Form (SF) 26, block 25 of the
(as required by SBA’s 8(a) regulations), when (a) Voucher submission. (1) The Contractor SF–33, or block 18a of the SF–1449) and
the owner or owners upon whom 8(a) shall submit lll [Contracting Officer
carbon copy the Contracting Officer and the
eligibility is based, plan to relinquish insert billing period, e.g., monthly], an
Contracting Officer’s Representative (COR).
ownership or control of the concern. original and two copies of each voucher. In
In addition to the items required by the
Consistent with 15 U.S.C. 637(a)(21), transfer addition to the items required by the clause
clause at FAR 52.232–25, Prompt Payment,
of ownership or control shall result in at FAR 52.232–25, Prompt Payment, the
the voucher shall show the elements of cost
termination of the contract for convenience, voucher shall show the elements of cost for
for the billing period and the cumulative
unless SBA waives the requirement for the billing period and the cumulative costs
costs to date. The Contractor shall clearly
termination prior to the actual relinquishing to date. The Contractor shall submit all
include in the Subject line of the email:
of ownership or control. vouchers, except for the final voucher, as
follows: original to the payment office and VOUCHER INCLUDED; CONTRACT/ORDER
(2) To adhere to the requirements of FAR
one copy each to the Contracting Officer and #: lll and CONTRACT LINE ITEM
52.219–14, ‘‘Limitations on Subcontracting.’’
the Contracting Officer’s Representative NUMBER(S) lll.
(End of Clause) (2) To assist the Government in making
(COR) identified in the contract. The
■ 17. Revise Alternate II of 2452.232–70 Contractor shall submit all copies of the final timely payments, the contractor is requested
to read as follows: voucher to the Contracting Officer. to include on each voucher the applicable
(2) To assist the Government in making appropriation number(s) shown on the award
2452.232–70 Payment schedule and timely payments, the Contractor is requested or subsequent modification document (e.g.,
invoice submission (Fixed-Price). to include on each voucher the applicable block 14 of the Standard Form (SF) 26, or
appropriation number(s) shown on the award block 21 of the SF–33).
* * * * *
or subsequent modification document (e.g., (End of Alternate I)
ALTERNATE II ([ABBREVIATED MONTH
block 14 of the Standard Form (SF) 26, or As prescribed in HUDAR Section
AND YEAR OF DATE OF PUBLICATION OF
block 21 of the SF–33). The contractor is also 2432.908(c)(3), replace paragraphs (a)(1) and
FINAL RULE])
requested to clearly indicate on the mailing (2) of the HUDAR Clause 2452.232–71,
As prescribed in HUDAR Section envelope that a payment voucher is enclosed. Voucher Submission (Cost-Reimbursement,
2432.908(c)(2), replace paragraphs (b)(1) and (b) Contractor remittance information. (1) Time-And-Materials, And Labor Hour) with
(2) of the HUDAR Clause 2452.232–70 The Contractor shall provide the payment the following Alternate II language in all
Payment Schedule and Invoice Submission office with all information required by other cost-reimbursement, time-and-materials, and
(Fixed-price) with the following Alternate II payment clauses contained in this contract. labor-hour type solicitations and contracts
language in all fixed price solicitations and (2) The Contractor shall submit all
sradovich on DSK3GMQ082PROD with PROPOSALS
when requiring vouchers to be submitted
contracts when requiring invoices to be necessary supporting documentation with electronically to the Department of
submitted electronically to the Department of vouchers that adequately demonstrate that Treasury’s Bureau of Fiscal Services Invoice
Treasury’s Bureau of Fiscal Services Invoice costs claimed (1) have been incurred Processing Platform (IPP) system.
Processing Platform (IPP) system: (including time sheets from the prime and
(b) Submission of invoices. (1) The subcontractor’s automated or manual time ALTERNATE II ([ABBREVIATED MONTH
Contractor shall obtain access and submit tracking records and paid invoices for AND YEAR OF DATE OF PUBLICATION OF
invoices to the Department of Treasury materials acquired), (2) reflect that they are FINAL RULE])
Bureau of Fiscal Services’ Invoice Platform allocable to the contract tasks, and (3) (a) Voucher submission. (1) The Contractor
Processing System via the Web at URL: comply with cost principles in the Federal shall obtain access and submit invoices to the
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Department of Treasury Bureau of Fiscal is of a nature described in paragraph (b) of site, https://www.opm.gov/investigations/e-
Services’ Invoice Platform Processing System this clause. qip-application/. The COR will provide all
via the Web at URL: https:// (End of clause) other forms that are not obtainable via the
arc.publicdebt.treas.gov/ipp/fsippqrg.htm in internet.
accordance with the instructions on the ■ 20. Revise 2452.237–75 to read as (2) The Contractor shall deliver the forms
website. To constitute a proper voucher, in follows: and information required in paragraph (c)(1)
addition to the items required by the clause of this clause to the COR as secure as
at FAR 52.232–25, Prompt Payment, the 2452.237–75 Access to HUD facilities. possible.
voucher shall show the elements of cost for As prescribed in 2437.110(e)(3), insert (3) The information provided in
the billing period and the cumulative costs the following clause in solicitations and accordance with paragraph (c)(1) of this
to date. contracts: clause will be used to perform a background
(2) To assist the Government in making investigation to determine the suitability of
ACCESS TO HUD FACILITIES the contractor employees to have access to
timely payments, the Contractor is requested ([ABBREVIATED MONTH AND YEAR OF
to include on each voucher the applicable Government facilities. After completion of
DATE OF PUBLICATION OF FINAL RULE]) the investigation, the COR will notify the
appropriation number(s) shown on the award
or subsequent modification document (e.g., (a) Definitions. As used in this clause— Contractor in writing when any contractor
block 14 of the Standard Form (SF) 26, or ‘‘Access’’ means physical entry into and, to employee is determined to be unsuitable for
block 21 of the SF–33). the extent authorized, mobility within a access to a Government facility. The
Government facility. Contractor shall immediately remove such
(End of Alternate II)
‘‘Contract’’ means any authorized employee(s) from work on this contract that
■ 19. Revise 2452.237–73 to read as contractual instrument, including, but not requires physical presence in a Government
follows: restricted to, task orders, purchase orders, facility.
Blanket Purchase Agreement calls, etc. (4) Affected contractor employees who
2452.237–73 Conduct of work and ‘‘Contractor employee’’ means an employee have had a Federal background investigation
technical guidance. of the prime contractor or of any without a subsequent break in Federal
As prescribed in 2437.110(e)(2), insert subcontractor, affiliate, partner, joint venture, employment or Federal contract service
the following clause in all contracts for or team members with which the Contractor exceeding 2 years may be exempt from the
services: is associated. It also includes consultants investigation requirements of this clause
engaged by any of those entities. subject to verification of the previous
CONDUCT OF WORK AND TECHNICAL ‘‘Facility’’ and ‘‘Government facility’’ mean investigation. For each such employee, the
GUIDANCE ([ABBREVIATED MONTH AND buildings, including areas within buildings Contractor shall submit the following
YEAR OF DATE OF PUBLICATION OF that are owned, leased, shared, occupied, or information in lieu of the forms and
FINAL RULE]) otherwise controlled by the Federal information listed in paragraph (c)(1) of this
(a) The Contracting Officer will provide the Government. clause: completed PIV and Pre-Security
contractor with the name and contact ‘‘NACI’’ means National Agency Check Form.
information of the Contracting Officer’s with Inquiries, the minimum background (d) PIV Cards. (1) HUD will issue a PIV
Representative (COR) assigned to this investigation prescribed by the U.S. Office of Card to each contractor employee who is to
contract. The COR will serve as the Personnel Management. be given access to HUD facilities and who
Contractor’s liaison with the Contracting ‘‘PIV Card’’ means the Personal Identity does not already possess a PIV Card
Officer with regard to the conduct of work. Verification (PIV) Card, the Federal acceptable to HUD (see paragraph (b) of this
The Contracting Officer will notify the Government-issued identification credential clause). HUD will not issue the PIV Card
Contractor in writing of any change to the (identification badge). until the contractor employee has (1)
current COR’s status or the designation of a (b) General. The performance of this successfully cleared the FBI National
successor COR. contract requires contractor employees to Criminal History Fingerprint Check, (2) HUD
(b) The COR for liaison with the Contractor have access to HUD facilities. All such has initiated the background investigation for
as to the conduct of work is [to be inserted employees who do not already possess a the contractor employee, and (3) a Security
at time of award] or a successor designated current PIV Card acceptable to HUD shall be Approval Notice from HUD PSD via
by the Contracting Officer. required to provide personal background PSDContractorIn-box@hud.gov has been
(c) The COR will provide guidance to the information, undergo a background received. Initiation is defined to mean that all
Contractor on the technical performance of investigation (NACI or other OPM-required background information required in
the contract. Such guidance shall not be of or approved investigation), including an FBI paragraph (c)(1) of this clause has been
a nature which: National Criminal History Fingerprint Check, delivered to HUD. The employee may not be
(1) Causes the Contractor to perform work and obtain a PIV Card prior to being given access prior to those three events. HUD
outside the statement of work or permitted access to any such facility in the may issue a PIV Card and grant access
specifications of the contract; performance of this contract. pending the completion of the background
(2) Constitutes a change as defined in FAR Unescorted access to any such facility in investigation. HUD will revoke the PIV Card
52.243–1; performance of this contract. HUD may and the employee’s access if the background
(3) Causes an increase or decrease in the accept a PIV Card issued by another Federal investigation process for the employee,
cost of the contract; Government agency, but shall not be required including adjudication of the investigation
(4) Alters the period of performance or to do so. No contractor employee will be results, has not been completed within 6
delivery dates; or permitted unescorted access to a HUD facility months after the issuance of the PIV Card.
(5) Changes any of the other express terms without a proper PIV Card. (2) PIV Cards shall identify individuals as
or conditions of the contract. (c) Background information. (1) For each contractor employees. Contractor employees
(d) The COR will issue technical guidance contractor employee subject to the shall display their PIV Cards on their persons
in writing or, if issued orally, he/she will requirements of this clause and not in at all times while working in a HUD facility,
confirm such direction in writing within five possession of a current PIV Card acceptable and shall present cards for inspection upon
(5) calendar days after oral issuance. The to HUD, the Contractor shall submit the request by HUD officials or HUD security
sradovich on DSK3GMQ082PROD with PROPOSALS
COR may issue such guidance via telephone, following properly completed forms: personnel.
facsimile (fax), or electronic mail. Electronic Standard Form (SF) 85, (3) The Contractor shall be responsible for
(e) Other specific limitations [to be inserted ‘‘Questionnaire for Non-Sensitive Positions all PIV Cards issued to the Contractor’s
by Contracting Officer]: via e-QIP,’’ completed USAccess enrollment employees and shall immediately notify the
(f) The Contractor shall promptly notify the (electronic fingerprinting) and Optional Form COR if any PIV Card(s) cannot be accounted
Contracting Officer whenever the Contractor (OF) 306 (Items 1 through 17). Forms SF–85 for. The Contractor shall promptly return PIV
believes that guidance provided by any and OF–306 are available from OPM’s Cards to HUD, as required by the FAR clause
government personnel, whether or not website, http://www.opm.gov. The electronic at 52.204–9. The Contractor shall notify the
specifically provided pursuant to this clause, questionnaire is available on OPM’s e-QIP COR immediately whenever any contractor
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employee no longer has a need for his/her (CUI), as defined in the provision, will company authorized to bind the firm to the
HUD-issued PIV Card (e.g., employee be provided to potential offerors for the commitments made by the agreement and the
terminates employment with the contractor, purpose of preparing offers. individual nondisclosure agreements
employee’s duties no longer require access to executed by those offeror employees or
HUD facilities). The COR will instruct the ACCESS TO CONTROLLED UNCLASSIFIED representatives to whom the sensitive
Contractor on how to return the PIV Card, INFORMATION (CUI) ([ABBREVIATED information will be provided.
and upon expiration of this contract, the COR MONTH AND YEAR OF DATE OF (2) Nondisclosure Agreement between the
will instruct the Contractor on how to return PUBLICATION OF FINAL RULE]) Department of Housing and Urban
all HUD-issued PIV Cards not previously (a) For the sole purpose of preparing an Development and Offeror Employee or Other
returned. Unless otherwise directed by the offer in response to this solicitation, HUD External Party Granting Conditional Access
Contracting Officer, the Contractor shall not may make certain controlled unclassified to Controlled Unclassified Information
return PIV Cards to any person other than the information (CUI) available to prospective (‘‘Nondisclosure Agreement’’) (see
COR. offerors. Attachment Jll [contracting officer insert
(4) The Contractor shall submit a report to (b) CUI: attachment number]). A separate agreement
the Contracting Officer and COR no later than (1) Is any information which the loss, must be executed by each person to whom
five (5) calendar days after the end of each misuse, or modification of, or unauthorized access to CUI will be provided, regardless of
calendar quarter that provides the status of access to, could adversely affect the national whether HUD or the Offeror provides such
each employee who is required to work in a interest or the conduct of Federal programs access. The offeror is responsible for ensuring
HUD facility during the performance of the or the privacy to which individuals are that each individual who is provided access
contract. At a minimum, the report shall entitled under section 552a of title 5, United to CUI executes a nondisclosure agreement.
identify the contractor and the contract States Code (the Privacy Act), but which has (3) NDAs must be submitted to the CO and
number, and list for each employee the not been specifically authorized under COR within ten (10) days after contract
following information: criteria established by an Executive Order or award or as otherwise specified by the CO.
(i) Employee name; an Act of Congress to be kept secret in the (d) CUI will be provided to prospective
(ii) Name of HUD facility where employee interest of national defense or foreign policy; offerors as follows: [describe how
works; (2) Is not available to the general public; information will be provided including: the
(iii) Date background check submitted; (3) May include: party responsible for providing access to
(iv) Date PIV Card issued; (i) Government acquisition-sensitive information, the procedure for obtaining
(v) PIV card number; information, including source selection access, and the format in which the
(vi) Date employee no longer has need of information as defined at section 2.101 of the information is contained; e.g., ‘‘by the
the HUD PIV Card; Federal Acquisition Regulation (48 CFR contracting officer on compact disk (CD) at
(vii) Date Contracting Officer and COR chapter 1); contractor bid or proposal the pre-proposal meeting].
were notified that employee no longer had information; (e) The offeror’s failure to comply with any
need of the HUD PIV Card; and (ii) Information contained in individual part of this provision or with the terms of the
(viii) Date PIV Card was returned to COR. contracts that is not public information and required nondisclosure agreements may
(e) Control of access. HUD shall have, and such contract information that is contained disqualify the offeror for consideration of any
exercise, complete control over granting, in Government databases; proprietary contract awarded under this solicitation.
denying, withholding, and terminating access economic, financial, or business information (End of Provision)
of contractor employees to HUD facilities. (e.g., salary information) provided to the
The COR will notify the Contractor Government by other parties (e.g., other
■ 22. Add 2452.237–83 to read as
immediately when HUD has determined that contractors) or belonging to HUD; follows:
an employee is unsuitable or unfit to be (iii) Personally identifiable information
permitted access to a HUD facility. The 2452.237–83 Access to controlled
(PII) that includes, but is not limited to, unclassified information (CUI).
Contractor shall immediately notify such Social Security numbers, names, dates of
employee that he/she no longer has access to birth, places of birth, parents’ names, credit As prescribed in HUDAR
any HUD facility, remove the employee from card numbers, applications for entitlements, 2437.110(e)(8), the Contracting Officer
any such facility that he/she may be in, and and information relating to a person’s private shall insert clause 2452.237–83 in
provide a suitable replacement in accordance financial, income, employment, and tax Section H of solicitations and contracts
with the requirements of this clause. records; and under which contractor and/or
(f) Access to HUD information systems. If (iv) Other information that the HUD subcontractor employees will be granted
this contract requires contractor employees to Contracting Officer (CO) or other authorized
have access to HUD information system(s), access to controlled unclassified
HUD employee explicitly identifies as CUI. information as defined in the clause.
application(s), or information contained in (4) May exist in various physical media
such systems, the Contractor shall comply (e.g., paper, electronic file, audio, or video ACCESS TO CONTROLLED UNCLASSIFIED
with all requirements of HUDAR clause disc), may be transmitted orally, developed INFORMATION (CUI) ([ABBREVIATED
2452.239–70, Access to HUD Systems, under or pre-exist any related contract, and MONTH AND YEAR OF DATE OF
including providing for each affected may be in its original form, or a derivative PUBLICATION OF FINAL RULE])
employee any additional background form (i.e., where the information has been (a) For the sole purpose of performing work
investigation forms prescribed in that clause. included in contractor-generated work, or required under this contract, the contracting
(g) Subcontracts. The Contractor shall where it is discernible from materials officer may grant the contractor–including
incorporate this clause in all subcontracts incorporating or based upon such contractor employees, subcontractors, and
where the requirements specified in information). subcontractor employees–access to
paragraph (b) of this section are applicable to (c) As a prior condition to being provided controlled unclassified information (CUI).
performance of the subcontract. access to any CUI, each prospective offeror (b) CUI:
(End of clause) shall execute the following nondisclosure (1) Is any information which the loss,
■ 21. Add 2452.237–82 to read as agreements and deliver the executed misuse, or modification of, or unauthorized
agreements to the Contracting Officer: access to, could adversely affect the national
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follows: (1) Nondisclosure Agreement between the interest or the conduct of Federal programs
2452.237–82 Access to controlled Department of Housing and Urban or the privacy to which individuals are
unclassified information (CUI). Development (‘‘HUD’’) and Offeror Granting entitled under section 552a of title 5, United
Conditional Access to Controlled States Code (the Privacy Act), but which has
As prescribed in HUDAR Unclassified Information (‘‘Offeror not been specifically authorized under
2437.110(e)(7), the Contracting Officer Agreement’’) (see Attachment J-ll criteria established by an Executive Order or
shall insert provision 2452.237–82 in [contracting officer insert attachment an Act of Congress to be kept secret in the
Section L of solicitations when number]). This agreement must be executed interest of national defense or foreign policy;
controlled unclassified information by an officer or other representative of the (2) Is not available to the general public;
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(3) May include: ‘‘Contractor employee’’ means an employee (3) An alien lawfully admitted into, and
(i) Government acquisition-sensitive of the prime contractor or of any lawfully permitted to be employed in the
information, including source selection subcontractor, affiliate, partner, joint venture, United States, provided that for any such
information as defined at section 2.101 of the or team members with which the Contractor individual, the Government is able to obtain
Federal Acquisition Regulation (48 CFR is associated. It also includes consultants sufficient background information to
chapter 1); contractor bid or proposal engaged by any of those entities. complete the investigation as required by this
information; ‘‘Mission-critical system’’ means an clause. Failure on the part of the contractor
(ii) Information contained in individual information technology or to provide sufficient information to perform
contracts that is not public information and telecommunications system used or operated a required investigation or the inability of the
such contract information that is contained by HUD or by a HUD contractor, or Government to verify information provided
in Government databases; proprietary organization on behalf of HUD, that processes for affected contractor employees will result
economic, financial, or business information any information, the loss, misuse, disclosure, in denial of their access.
(e.g., salary information) provided to the or unauthorized access to, or modification of (d) Background investigation process. (1)
Government by other parties (e.g., other which would have a debilitating impact on The Contracting Officer’s Representative
contractors) or belonging to HUD; the mission of the agency. (COR) shall notify the contractor of those
(iii) Personally identifiable information ‘‘NACI’’ means a National Agency Check contractor employee positions requiring
(PII) that includes, but is not limited to social with Inquiries, the minimum background background investigations.
security numbers, names, dates of birth, investigation prescribed by the Office of (i) For each contractor employee requiring
places of birth, parents’ names, credit card Personnel Management (OPM). access to HUD information systems, the
numbers, applications for entitlements, and ‘‘PIV Card’’ means the Personal Identity contractor shall submit the following
information relating to a person’s private Verification (PIV) Card, the Federal properly completed forms: Electronic
Government-issued identification credential Standard Form (SF) 85, ‘‘Questionnaire for
financial, income, employment, and tax
(i.e., identification badge). Non-sensitive Positions’’ via e-QIP,
records; and
‘‘Sensitive information’’ means any completed USAccess enrollment (electronic
(iv) Other information that the HUD
information of which the loss, misuse, or fingerprinting) and Optional Form (OF) 306
contracting officer or other authorized HUD
unauthorized access to, or modification of, (Items 1 through 17). The SF–85 and OF–306
employee explicitly identifies as CUI; and could adversely affect the national interest,
(4) May exist in various physical media are available from the OPM website, http://
the conduct of Federal programs, or the www.opm.gov. The electronic questionnaire
(e.g., paper, electronic file, audio or video privacy to which individuals are entitled
disc) or be transmitted orally, may be is available on OPM’s e-QIP site, https://
under section 552a of title 5, United States www.opm.gov/investigations/e-qip-
developed under or pre-exist any related Code (the Privacy Act), but which has not
contract, and may be in its original form or application/.
been specifically authorized under criteria (ii) For each contractor employee requiring
a derivative form (i.e., where the information established by an Executive Order or an Act
has been included in contractor-generated access to mission-critical systems and/or
of Congress to be kept secret in the interest
work, or where it is discernible from sensitive information contained within a
of national defense or foreign policy.
materials incorporating or based upon such HUD system and/or application(s), the
‘‘System’’ means an interconnected set of
information). Contractor shall submit the following
information resources under the same direct
(c) As a prior condition to being provided properly completed forms: Electronic SF–
management control, which shares common
access to any CUI, each contractor or 85P, ‘‘Questionnaire for Public Trust
functionality. A system normally includes
subcontractor employee shall execute the hardware, software, information, data, Positions’’ via e-QIP;’’ Electronic Standard
nondisclosure agreement in attachment J.ll applications, communications, and people Form (SF) 85, ‘‘Questionnaire for Non-
[contracting officer insert attachment (see OMB Circular A–130). System includes sensitive Positions via e-QIP,’’ completed
number] to this contract and deliver the any system owned by HUD or owned and USAccess enrollment (electronic
executed agreement to the contracting officer. operated on HUD’s behalf by another party. fingerprinting) and Optional Form (OF) 306
(d) The contractor shall include this clause (b) General. (1) The performance of this (Items 1 through 17). The SF–85 and OF–306
in all subcontracts. contract requires contractor employees to are available from the OPM website, http://
(e) The contractor’s failure to comply with have access to a HUD system or systems. All www.opm.gov. The Electronic questionnaire
any part of this clause or with the terms of such employees who do not already possess is available on OPM’s e-QIP site, https://
the required nondisclosure agreements may a current PIV Card acceptable to HUD shall www.opm.gov/investigations/e-qip-
result in the termination of this contract for be required to provide personal background application/; and a Fair Credit Reporting Act
default. information, undergo a background form (authorization for the credit-check
investigation (NACI or other OPM-required portion of the investigation). Contractor
(End of Clause)
or approved investigation), including an FBI employees shall complete the Medical
■ 23. Revise 2452.239–70 to read as National Criminal History Fingerprint Check, Release behind the SF–85P.
follows: and obtain a PIV Card prior to being (iii) The electronic questionnaires (e-QIP)
permitted access to any such system in SF–85, 85P, and OF–306 are available from
2452.239–70 Access to HUD systems. performance of this contract. HUD may OPM’s websites https://www.opm.gov/
As prescribed in 2439.107(a), insert accept a PIV Card issued by another Federal investigations/e-qip-application/ and http://
the following clause: Government agency, but shall not be required www.opm.gov. The COR will provide all
to do so. No contractor employee will be other forms that are not obtainable via the
ACCESS TO HUD SYSTEMS internet.
permitted access to any HUD system without
([ABBREVIATED MONTH AND YEAR OF (2) The Contractor shall deliver the forms
a PIV Card.
DATE OF PUBLICATION OF FINAL RULE]) and information required in paragraph (d)(1)
(2) All contractor employees who require
(a) Definitions. As used in this clause— access to mission-critical systems or sensitive of this clause to the COR as securely as
‘‘Access’’ means the ability to obtain, view, information contained within a HUD system possible.
read, modify, delete, and/or otherwise make or application(s) are required to have a more (3) Affected contractor employees who
use of information resources. extensive background investigation. The have had a Federal background investigation
‘‘Application’’ means the use of investigation shall be commensurate with the without a subsequent break in Federal
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information resources (information and risk and security controls involved in employment or Federal contract service
information technology) to satisfy a specific managing, using, or operating the system or exceeding 2 years may be exempt from the
set of user requirements (see Office of applications(s). investigation requirements of this clause,
Management and Budget (OMB) Circular A– (c) Citizenship-related requirements. Each subject to verification of the previous
130). affected contractor employee as described in investigation. For each such employee, the
‘‘Contract’’ means any authorized paragraph (b) of this clause shall be: Contractor shall submit the following
contractual instrument, including, but not (1) A United States (U.S.) citizen; or, information in lieu of the forms and
restricted to, task orders, purchase orders, (2) A national of the United States (see 8 information listed in paragraph (d)(1) of this
Blanket Purchase Agreement calls, etc. U.S.C. 1408); or, clause: PIV and Pre-Security Form.
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(j) Access to contractor’s systems. The (b) The contract management system shall reporting period for budgeted work, and the
Contractor shall afford HUD, including the consist of two parts: projected costs required to complete the work
Office of Inspector General, access to the (1) Baseline plan. The baseline plan shall under the contract.
Contractor’s facilities, installations, consist of: (3) Reporting frequency. The reports
operations, documentation (including the (i) A narrative portion that: described in paragraph (b)(2) of this clause
compliance matrix required under paragraph (A) Identifies each task and significant
(i)(2) of this clause), databases, and personnel shall be submitted [insert period, e.g.,
activity required for completing the contract
used in performance of the contract. Access work, critical path activities, task monthly, quarterly, or schedule based on
shall be provided to the extent required to dependencies, task milestones, and related when payments will be made under the
carry out, but not limited to, any information deliverables; contract].
security program activities, investigation, and (B) Describes the contract schedule, (c) The formats, forms, and/or software to
audit to safeguard against threats and hazards including the period of time needed to be used for the contract management system
to the integrity, availability, and accomplish each task and activity (see under this contract shall be [Contracting
confidentiality of HUD data and systems, or paragraph (b)(1)(ii)(B) of this clause); Officer insert appropriate language, such as
to the function of information systems (C) Describes staff (e.g., hours per ‘‘as prescribed in the schedule;’’ ‘‘a format,
operated on behalf of HUD, and to preserve individual), financial, and other resources
evidence of computer crime. forms and/or software designated by the
allocated to each task and significant activity;
(k) Contractor compliance with this clause. COR’’ or, ‘‘the Contractor’s own format, forms
and
Failure on the part of the Contractor to (D) Provides the rationale for contract work and/or software, subject to the approval of
comply with the terms of this clause may organization and resource allocation. the COR.’’].
result in termination of this contract for (ii) A graphic portion showing: (d) When this clause applies to individual
default. (A) Cumulative planned or budgeted costs task orders under the contract, the word
(l) Physical access to Federal Government of work scheduled for each reporting period ‘‘contract’’ shall mean ‘‘task order.’’
facilities. The Contractor and any over the life of the contract (i.e., the budgeted
subcontractor(s) shall also comply with the (End of clause)
baseline); and
requirements of HUDAR clause 2452.237–75 (B) The planned start and completion dates * * * * *
when the Contractor’s or subcontractor’s of all planned and budgeted tasks and
employees will perform any work under this ■ 25. Revise 2452.246–70 to read as
activities. follows:
contract on site in a HUD or other Federal (2) Progress reports. Progress reports shall
Government facility. consist of:
(m) Subcontracts. The Contractor shall 2452.246–70 Inspection and acceptance.
(i) A narrative portion that:
incorporate this clause in all subcontracts As prescribed in 2446.502–70, insert
(A) Provides a brief, concise summary of
where the requirements specified in
paragraph (b) of this clause are applicable to
technical progress made and the costs the following clause in all solicitations
incurred for each task during the reporting and contracts:
performance of the subcontract.
period; and
(End of clause) (B) Identifies problems, or potential INSPECTION AND ACCEPTANCE
■ 24. Amend 2452.242–71 by revising problems, that will affect the contract’s cost ([ABBREVIATED MONTH AND YEAR OF
or schedule, the causes of the problems, and DATE OF PUBLICATION OF FINAL RULE])
the introductory text and main clause to
read as follows: the Contractor’s proposed corrective actions. Inspection and acceptance of all work
(ii) A graphic portion showing: required under this contract shall be
2452.242–71 Contract management (A) The original time-phased, budgeted performed by the Contracting Officer’s
system. baseline; Representative (COR) or other individual as
As prescribed in 2442.1107, insert the (B) The schedule status and degree of
designated by the Contracting Officer or COR.
following clause: completion of the tasks, activities, and
deliverables shown in the baseline plan for (End of clause)
CONTRACT MANAGEMENT SYSTEM the reporting period, including actual start
([ABBREVIATED MONTH AND YEAR OF and completion dates for all tasks and ■ 26. Revise 2452.3 to read as follows:
DATE OF PUBLICATION OF FINAL RULE]) activities in the baseline plan; and
(a) The Contractor shall use contract (C) The costs incurred during the reporting 2452.3 Provision and clause matrix.
management baseline planning and progress period, the current total amount of costs BILLING CODE 4210–67–P
reporting as described herein. incurred through the end date of the
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![Federal Register / Vol. 83, No. 68 / Monday, April 9, 2018 / Proposed Rules 15117
Dated: February 28, 2018. Atmospheric Administration (NOAA), Background
Keith W. Surber, Commerce.
Chief Procurement Officer. A proposed rule published March 13,
ACTION: Proposed rule; correction. 2018 (83 FR 10954) for the take of
[FR Doc. 2018–06362 Filed 4–6–18; 8:45 am]
marine mammals incidental to the
BILLING CODE 4210–67–P
SUMMARY: This document contains Navy’s training and testing activities in
corrections to the preamble of the the AFTT Study Area. This correction
proposed regulations published on replaces Table 4 contained in the
DEPARTMENT OF COMMERCE March 13, 2018, governing the take of preamble of the proposed training
marine mammals incidental to the U.S. activities within the AFTT Study Area.
National Oceanic and Atmospheric
Navy (Navy) training and testing
Administration Need for Correction
activities in the Atlantic Fleet Training
50 CFR Part 218 and Testing (AFTT) Study Area. This
As published on page 10963 of the
action is necessary to correct an error in
[Docket No. 170720687–8212–01]
preamble to the proposed rule, Table 4.
where sections of the table were omitted
Proposed Training was incorrect.
RIN 0648–BH06 in the Federal Register notice on March
Sections of the table were missing from
13, 2018.
the preamble, specifically Amphibious
Taking and Importing Marine DATES: Applicable on April 9, 2018. Warfare, Anti-Submarine Warfare,
Mammals; Taking Marine Mammals Expeditionary Warfare, Mine Warfare,
Incidental to the U.S. Navy Training FOR FURTHER INFORMATION CONTACT:
and a portion of Surface Warfare. This
and Testing Activities in the Atlantic Stephanie Egger, Office of Protected
correction does not change NMFS’
Fleet Training and Testing Study Area Resources, NMFS; phone: (301) 427–
analysis or conclusions in the proposed
8401, Stephanie.Egger@noaa.gov.
AGENCY: National Marine Fisheries rule. Table 4 is corrected to read as
Service (NMFS), National Oceanic and SUPPLEMENTARY INFORMATION: follows:
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Document Created: 2018-04-07 02:38:54
Document Modified: 2018-04-07 02:38:54
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comment due date: June 8, 2018. | |
| Contact | Dr. Akinsola A. Ajayi, Acting Assistant Chief Procurement Officer for Policy, Systems and Risk Management, Office of the Chief Procurement Officer, Department of Housing and Urban Development, 451 7th Street SW, Washington, DC 20410; telephone number 202-708-0294 (this is not a toll-free number), fax number 202-708-8912. Persons with hearing or speech impairments may access Dr. Ajayi's telephone number via TTY by calling the toll-free Federal Relay Service at 800-877-8339. | |
| FR Citation | 83 FR 15101 | |
| RIN Number | 2501-AD85 | |
| CFR Citation | 48
CFR
2402 48 CFR 2416 48 CFR 2437 48 CFR 2442 48 CFR 2452 |
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