[Federal Register Volume 71, Number 9 (Friday, January 13, 2006)]
[Proposed Rules]
[Pages 2444-2451]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-302]



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Part VI





Department of Housing and Urban Development





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48 CFR Parts 2404, 2408 et al.



Amendments to HUD Acquisition Regulations (HUDAR); Proposed Rule

  Federal Register / Vol. 71, No. 9 / Friday, January 13, 2006 / 
Proposed Rules  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

48 CFR Parts 2404, 2408, 2415, 2437, 2439, and 2452

[Docket No. FR-4705-P-01; HUD-2006-0002]
RIN 2535-AA26


Amendments to HUD Acquisition Regulations (HUDAR)

AGENCY: Office of the Chief Procurement Officer, HUD.

ACTION: Proposed rule.

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SUMMARY: This rule proposes to amend HUD's Acquisition Regulations 
(HUDAR) to implement miscellaneous changes. The proposed revisions 
include improvements in clarity and uniformity in the Department's 
acquisition regulations.

DATES: Comment Due Date: March 14, 2006.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule to the Regulations Division, Office of General Counsel, 
Department of Housing and Urban Development, 451 Seventh Street, SW., 
Room 10276, Washington, DC 20410-0500. Interested persons may also 
submit comments electronically through the Federal electronic 
rulemaking portal at: www.regulations.gov. Facsimile (FAX) comments are 
not acceptable. All communications must refer to the docket number and 
title. All comments and communications submitted will be available, 
without revision, 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 Divisions at 
(202) 708-3055 (this is not a toll-free number). Copies of the public 
comments are also available for inspection and downloading at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Frederick Graves, Policy and Field 
Operations Division, Office of the Chief Procurement Officer (Seattle 
Outstation), Department of Housing and Urban Development, Seattle 
Federal Office Building, 909 First Avenue, Seattle, WA 98104-1000, 
telephone (206) 220-5259, FAX (206) 220-5247 (these are not toll-free 
numbers). Persons with hearing or speech impairments may access that 
number via TTY by calling the toll-free Federal Information Relay 
Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 

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 HUD Act (42 
U.S.C. 3535(d)); section 205(c) of the Federal Property and 
Administrative Services Act of 1949 (40 U.S.C. 486(c)); and the general 
authorization in FAR 1.301. The most recent publication of the HUDAR as 
a final rule was on January 21, 2000 (65 FR 3571, 65 FR 3575).

II. This Proposed Rule

    This proposed rule would amend the HUDAR to provide for greater 
uniformity in departmental contracts. The following describes HUD's 
proposed changes.
    Section 2404.701 is added to prescribe the use of a non-disclosure 
clause to protect the Department from unauthorized disclosure of 
protected information (as the term is defined in the clause) provided 
by HUD to contractors under HUD contracts.
    A new section 2408.404 is added to prescribe selection factors for 
use in placing competitive task orders for services under the General 
Services Administration (GSA) schedule contracts when the order is 
expected to exceed $500,000.
    In Section 2415.304, a new paragraph (c) is added to prescribe the 
use of a solicitation provision containing the Department's small 
business goals and a selection factor to evaluate offerors' (other than 
offerors that are small businesses) proposed subcontracting with small 
businesses. The evaluation is conducted using the offerors' proposed 
small business plan submitted pursuant to HUDAR 2452.219-70. 
Subparagraph (d)(2) is removed to reflect departmental policy 
eliminating the requirement that numerical scoring be used to evaluate 
all technical proposals. Subparagraph (d)(1) is renumbered as paragraph 
(d).
    Section 2415.305 is revised to better define technical 
unacceptability of offers.
    In section 2437.110, paragraph (b) is removed and redesignated as 
2408.802-70 to correspond to the FAR. Redesignated paragraph (e) is 
revised to change the title and simplify the prescription for the use 
of clause 2452.237-75. Redesignated paragraph (f) is revised to change 
the title of clause 2452.237-77.
    Section 2439.107 is revised to clarify the applicability of clause 
2452.239-70.
    A new section 2452.204-70 is added to implement departmental policy 
concerning the non-disclosure by contractors of information that HUD 
provides to them. HUD believes that the additional contract clause is 
needed to ensure that contractors do not make unauthorized disclosures 
without the Department's consent.
    A new section 2452.208-70 is added to prescribe criteria to be used 
when competing task orders under GSA Federal Supply Schedule contracts. 
These factors include criteria related to the contractors' proposed 
efforts in meeting the Department's small business subcontracting 
goals. HUD will revise these goals annually to reflect new 
governmentwide goals promulgated by the U.S. Small Business 
Administration and any additional changes to goal amounts that HUD 
determines to be warranted.
    Numerous revisions are made to section 2452.209-72, including: 
Greater clarification of activities that may result in default; 
referencing the definition of organizational conflict of interest at 
FAR subpart 9.5; and adding a prohibition against contractors 
evaluating their own work or that of other entities without the 
Contracting Officer's approval.
    Section 2452.215-70 is revised to explicitly state HUD's right to 
contact any or all of the references provided to it by an offeror for 
the purposes of assessing the offeror's past performance and HUD's 
right to use other relevant past performance information not provided 
by the offeror.
    A new section 2452.215-71 is added to include a small business 
subcontracting source selection factor in solicitations for contracts 
that are expected to exceed $500,000 and contain the provision at 
2452.219-70, Small Business Subcontracting Plan Compliance. The 
solicitation provision also notifies potential offerors of the 
Department's current small business subcontracting goals (see also 
2452.208-70 above). [Note: The former 2452.215-72 is being consolidated 
into this provision to eliminate redundancies between them.]
    Section 2452.216-70 is revised to correct the prescriptive 
reference and clarify its usage in cost-plus-award-fee contracts and to 
insert instructions concerning payment that were previously located in 
section 2452.216-71.
    In section 2452.216-74, the prescriptive text citation is 
corrected,

[[Page 2445]]

and the last sentence of paragraph (b) and subparagraphs (b)(1)-(b)(3) 
are made into a new paragraph (c), an alternate clause to be used for 
cost-plus-award-fee contracts.
    Section 2452.237-75 is revised to comply with Federal Information 
Processing Standards 201, Homeland Security Presidential Directive 
(HSPD-12), and OMB Memorandum M-05-24 with regard to granting 
contractor employees physical access to Government facilities.
    Section 2452.239-70 is revised to comply with Federal Information 
Processing Standards 201, Homeland Security Presidential Directive 
(HSPD-12), and OMB Memorandum M-05-24, with regard to granting 
contractor employees access to federal government systems. It revises 
the definition of information technology resources covered by the 
clause, changes the background clearance forms required, clarifies the 
responsibility of contractors in identifying employees who should 
obtain a background clearance, and permits access by non-U.S. nationals 
who have been lawfully admitted to the United States for permanent 
residence. Reviewers are encouraged to comment on the content of the 
revised clause.

III. Findings and Certifications

Paperwork Reduction Act Statement

    The information collection requirements proposed in this rule, as 
described in the table below, have been submitted to the Office of 
Management and Budget for review under section 3507(d) of the Paperwork 
Reduction Act of 1995 (44 U.S.C. Chapter 35). The information 
collection requirements for the HUDAR are currently approved by OMB 
under control number 2535-0091.
    HUD's estimate of the total reporting and recordkeeping burden that 
will result from the collection of information is as follows:
    Reporting and Recordkeeping Burden:

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                                                                                   Est. average
                                          Number of                                  time for       Est. annual
            Section reference              parties     Frequency of requirement     requirement    burden (hrs.)
                                                                                      (hrs.)
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HUDAR:
    2452.208-70.........................        700  1/annum....................             8.0           5,600
    2452.209-70.........................        250  1/annum....................             0.5             125
    2452.209-72.........................          5  1/annum....................             1.0               5
    2452.215-70.........................        275  1/annum....................            80.0          22,000
    2452.215 ALT II.....................         25  1/annum....................            40.0           1,000
    2452.216-72.........................          5  4/annum....................             2.0              40
    2452.216-78 ALT II..................      1,500  1/annum....................             4.0           6,000
    2452.219-70.........................        150  1/annum....................             0.5              75
    2452.237-70.........................        150  1/annum....................             1.0             150
    2452.237-75.........................        500  1/annum....................             1.0             500
    2452.239-70.........................        500  1/annum....................             1.0             500
    2452.242-71 (plan)..................         40  1/annum....................             8.0             320
    2452.242-71 (reports)...............         40  12/annum...................             6.0           2,880
    HUD 770.............................          2  1/annum....................             0.5               1
                                                                                 -----------------
        Total Reporting and               .........  ...........................  ..............          39,196
         Recordkeeping Burden (Hours).
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    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 responses to be submitted electronically.
    Interested persons are invited to submit comments regarding the 
information collection requirements in this proposal. Comments must be 
received within 30 days from the date of this proposal. Comments must 
refer to the proposal by name (HUDAR) and must be sent to:

HUD Desk Officer, Office of Management and Budget, New Executive Office 
Building, Washington, DC 20503, Facsimile: (202) 395-6974; and
Lillian Deitzer, Department of Housing and Urban Development, Room 8001 
PL, 451 Seventh Street, SW., Washington, DC 20410-0001, E-mail: 
[email protected], Telephone: (202) 708-2374. This is not a 
toll-free number.

Unfunded Mandates Reform Act

    The Secretary has reviewed this rule before publication and by 
approving it certifies, in accordance with the Unfunded Mandates Reform 
Act of 1995 (2 U.S.C. 1532), that this rule does not impose a Federal 
mandate that will result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any one year.

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

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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).

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either 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

48 CFR Parts 2404, 2408, 2415, 2437, and 2452

    Government procurement.

48 CFR Part 2439

    Computer technology, Government procurement.

    For the reasons discussed in the preamble, HUD proposes to amend 48 
CFR chapter 24 as set forth below:

PART 2404--ADMINISTRATIVE MATTERS

    1. The authority citation for part 2404 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 42 U.S.C. 3535(d).

    2. Add subpart 2404.7 and section 2404.701 to read as follows:

Subpart 2404.7--Contractor Records Retention


2404.701  Contract clause.

    The Contracting Officer shall insert the clause at 2452.204-70, 
Non-disclosure of Information, in all solicitations and contracts when 
it is expected or likely that the contractor will have access to, or be 
provided, protected information as defined in the clause.

PART 2408--REQUIRED SOURCES OF SUPPLIES AND SERVICES

    3. Add 2408.404 and subpart heading to read as follows:

Subpart 2408.4--Federal Supply Schedules


2408.404  Selection Factors for Competitive GSA Task Orders.

    (b) The Contracting Officer shall use a provision substantially the 
same as the provision at 2452.208-70 when placing task orders for 
services under General Services Administration schedule contracts when 
the order is expected to exceed $500,000. The Contracting Officer shall 
insert the percentage goals in effect at the time quotations are 
requested from schedule contractors. The provision may be tailored to 
suit the specific task order competition, but small business 
participation shall be evaluated in every competition.

PART 2415--CONTRACTING BY NEGOTIATION

    4. The authority citation for part 2415 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 41 U.S.C. 253; 42 U.S.C. 3535(d).

    5. Revise section 2415.304 to read as follows:


2415.304  Evaluation factors.

    (c) The Contracting Officer shall insert the provision at 2452.215-
71 in all solicitations exceeding $500,000 that include the provision 
at 2452.219-70, Small Business Subcontracting Plan Compliance. The 
Contracting Officer shall insert the percentage goals in effect at the 
time offers are solicited.
    (d) The solicitation shall state the basis for the source selection 
decision as either ``lowest price technically acceptable'' (LPTA) 
process or ``tradeoff'' process (as defined at FAR subpart 15.1).
    6. Revise section 2415.305(a)(3) to read as follows:


2415.305  Proposal evaluation.

    (a) * * *
    (3) Technical evaluation. The TEP shall rate each proposal based on 
the evaluation factors specified in the solicitation.
    (i) A proposal shall be considered unacceptable if
    (A) It does not represent a reasonable initial effort to address 
the essential requirements of the RFP or clearly demonstrates that the 
offeror does not understand the requirements; or
    (B) It contains major deficiencies or omissions that discussions 
with the offeror could not reasonably be expected to cure.
    (ii) Under the tradeoff process, predetermined threshold levels of 
technical acceptability for proposals shall not be employed.
    (iii) A technical evaluation report that complies with FAR 
15.305(a)(3) shall be prepared and signed by the technical 
evaluator(s), furnished to the Contracting Officer, and maintained as a 
permanent record in the official procurement file in accordance with 
established departmental procedures.

PART 2437--SERVICE CONTRACTING

    7. The authority citation for part 2437 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 42 U.S.C. 3535(d).

    8. Amend section 2437.110 as follows:
    a. Remove paragraph (b);
    b. Redesignate paragraphs (c), (d), (e), and (f) as (b), (c), (d), 
and (e), respectively;
    c. Revise newly redesignated paragraphs (d) and (e) to read as 
follows:


2437.110  Solicitation provisions and contract clauses.

* * * * *
    (d) The Contracting Officer shall insert the clause at 2452.237-75, 
Access to HUD Facilities, in all solicitations and contracts where 
contractor employees, including subcontractors and consultants, will be 
required to work in or have access to any HUD facilities. If contractor 
employees will also be required to have access to HUD information 
systems, see 2439.107.
    (e) The Contracting Officer shall insert the clause at 2452.237-77, 
Observance of Legal Holidays and Closure of HUD Facilities, in all 
solicitations and contracts where contractor personnel will be working 
on-site in any HUD office.

PART 2439--ACQUISITION OF INFORMATION TECHNOLOGY

    9. The authority citation for part 2439 reads as follows:

    Authority: 40 U.S.C. 486(c); 42 U.S.C. 3535(d).

    10. Revise section 2439.107(a) to read as follows:


2439.107  Contract clauses.

    (a) The Contracting Officer shall insert the clause at 2452.239-70, 
Access to HUD Systems, in solicitations and contracts when the contract 
will require contractor employees, including subcontractors and 
consultants, to have

[[Page 2447]]

access to any HUD information system(s) as defined in the clause. If 
contractor employees will also be required to have physical access to 
HUD facilities, see 2437.110.
* * * * *

PART 2452--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    11. The authority citation for part 2452 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 42 U.S.C. 3535(d).

    12. Add section 2452.204-70 to read as follows:


2452.204-70  Non-disclosure of Information.

    As prescribed in 2404.701, insert the following clause:

NON-DISCLOSURE OF INFORMATION (* * * 2006)

    (a) Definitions. As used in this clause--
    Contractor means employees, subcontractors, consultants, 
affiliates, partners, joint ventures, and team members with which 
the contractor is associated.
    Protected information means government procurement-sensitive 
information (e.g., acquisition planning, source selection), 
proprietary business information provided to the Government by other 
parties (e.g., other contractors), and personal information 
protected by the Privacy Act (e.g., Social Security Numbers).
    (b) The contractor shall not release, disclose, or use in any 
way that would permit or result in release or disclosure to any 
party outside the government any information described in paragraph 
(a) provided to the contractor by the government, unless:
    (1) The Contracting Officer has given prior written 
authorization for its release or disclosure; or
    (2) The information is otherwise in the public domain prior to 
the date of release.
    (c) The prohibition in paragraph (b) includes information in any 
medium (e.g., paper document, electronic file, audio or video tape, 
film, or oral communication). The prohibition also covers 
information provided by the government whether or not in its 
original form (e.g., where the information has been included in 
contractor-generated work or where it is discernible from materials 
incorporating or based upon such information).
    (d) The prohibition contained in this clause has no expiration 
date.
    (e) The contractor shall ensure that contractor personnel who 
are provided protected information as defined in this clause execute 
a non-disclosure agreement prior to obtaining such information.

(End of clause)

    13. Add section 2452.208-70 to read as follows:


2452.208-70  Selection of Contractor for Task Orders Under GSA Schedule 
Contracts.

    As prescribed in 2408.404(b), insert a provision substantially the 
same as the following:

SELECTION OF CONTRACTOR FOR TASK ORDERS UNDER GSA SCHEDULE CONTRACTS (* 
* * 2006)

    (a) General. Any eligible contractor may compete for the 
proposed task order. In awarding the task order, HUD will evaluate 
the contractor's offer using the selection factors in paragraph (c), 
and select the contractor that presents the overall best value to 
the federal government, considering those factors. For the purposes 
of evaluating offers, the combined relative merit of the offer as 
evaluated in accordance with the non-price factors and the small 
business subcontracting participation factor shall be considered 
more important than the evaluated cost/price.
    (b) Small business subcontracting participation.
    (1) Consistent with the intent of the Small Business Act, HUD is 
strongly committed to ensuring that small businesses, veteran-owned 
small businesses, service-disabled veteran-owned small businesses, 
HUBZone small businesses, small disadvantaged businesses, and women-
owned small businesses have maximum opportunities to participate in 
subcontracting with HUD prime contractors. Therefore, contractors 
shall provide the maximum practicable subcontracting opportunities 
to those small businesses. Contractors shall address in their offer 
the manner in which they plan to assist the Department in achieving 
this goal. As part of the evaluation for award, HUD will consider 
the contractor's statement addressing how it proposes to meet the 
small business participation goal for the task order. As part of the 
performance requirements under the task order, the contractor will 
be required to submit a semi-annual report on subcontracting 
achievements.
    (2) In support of its commitment, HUD has established the 
following goals, expressed as a percentage of the total value of 
each contract action (including task orders, modifications, and 
options):
    (i) Total Small Business--up to [Contracting Officer insert 
percentage] percent.
    (ii) Within the total Small Business goal in (i), the following 
subordinate goals apply:
    (A) Small Disadvantaged Business--[Contracting Officer insert 
percentage] percent.
    (B) Women-Owned Small Business--[Contracting Officer insert 
percentage] percent.
    (C) Service-Disabled Veteran-Owned Small Business--[Contracting 
Officer insert percentage] percent.
    (D) HUBZone Small Business--[Contracting Officer insert 
percentage] percent.
    (iii) Competing contractors shall include as part of their offer 
a copy of their master subcontracting plan of record for the GSA 
schedule contract under which this task order is to be awarded.
    (c) Selection factors.
    (1) Non-price factors.
    (i) Technical and management capability (applicable to all 
business types).
    (A) The contractor's understanding of HUD's requirement as 
demonstrated by the extent to which the contractor's offer presents 
an efficient and realistic approach to meeting the proposed 
requirement, considering methods, scheduling of work, and management 
of resources.
    (B) This evaluation criterion shall also apply to subcontractors 
that the offeror is proposing, and their contribution to 
demonstrating the offeror's understanding of the requirement.
    (ii) Past performance.
    (A) (Applicable to all business types.) As confirmed by 
references, the contractor's demonstrated record consists of 
successful past performance of the same or substantially similar 
work, including quality of services, schedule and delivery 
compliance, and cost control, within [Contracting Officer insert 
time period, e.g., the past three years]. The contractor shall 
identify at least five contracts, including federal, state, and 
local government and the private sector, for efforts similar to this 
requirement and provide current points of contact for each.
    (B) (Applicable to other than small businesses.) Relevant is the 
contractor's demonstrated success in utilizing small businesses in 
the performance of past contracts, as confirmed by submission of 
required subcontracting reports, SF-294 and SF-295, and the 
contractor's actual achieved subcontracting percentages as 
contrasted with the proposed small business subcontracting goals 
stated under those contracts. The contractor shall identify the 
contracts under which it has subcontracted with small businesses, 
and shall provide points of contact for all federal agencies to 
which it has submitted subcontracting plans and reports under 
contracts within the past 3 years.
    (iii) Key personnel (applicable to all business types). The 
qualifications, including relevant prior experience, special 
training, and education, of proposed key personnel (see HUDAR clause 
2452.237-77, Key Personnel). The offer shall identify all key 
personnel and describe how each one meets the qualifications for the 
position for which he/she is proposed. The term ``key personnel'' 
includes employees of the contractor, any subcontractor(s), 
affiliates, joint venture partners, or team members, and consultants 
engaged by any of those entities.
    (2) Small business subcontracting participation (applicable to 
other than small businesses). Small-business offerors will 
automatically receive the maximum possible credit for this factor. 
They shall not be required to submit a subcontracting plan or 
demonstrate subcontracting past performance (see paragraph 
(2)(ii)(B) above). The evaluation shall consider:
    (i) The total value of the proposed small business 
subcontracting effort as it relates to the total value of the 
prospective order;
    (ii) Specific goals established for the categories of small 
business listed in paragraph (b)(2) above;
    (iii) Specific commitments from small business concerns to 
assist in the contractor's proposed effort as evidenced in the 
offer; and

[[Page 2448]]

    (iv) The substantive nature of the work required by the task 
order that the contractor proposes to subcontract.
    (3) Evaluated cost/price (applicable to all business types). HUD 
will evaluate the contractor's proposed costs/prices for the basic 
task order and all options, if any. While the cost/price will not be 
assigned a specific weight, it shall be considered a significant 
criterion in the overall evaluation of offers. HUD may award the 
order to other than the lowest-priced offer.

(End of provision)

    14. Revise section 2452.209-72 to read as follows:


2452.209-72  Organizational Conflicts of Interest.

    As prescribed in 2409.507-2, insert the following contract clause 
in all contracts:

ORGANIZATIONAL CONFLICTS OF INTEREST (* * * 2006)

    (a) The contractor warrants that, to the best of its knowledge 
and belief, except as otherwise disclosed in accordance with 
paragraph (b), neither the contractor, nor the contractor's 
employees, subcontractors, team members, consultants, partners, 
joint ventures, affiliates, and other business relationships has an 
organizational conflict of interest as defined at FAR subpart 9.5, 
which would affect the contractor's ability to perform the work 
under the contract.
    (b)(1) If, after award, the contractor discovers an apparent or 
actual organizational conflict of interest with respect to this 
contract, the contractor shall make an immediate written disclosure 
to the Contracting Officer, which shall include:
    (i) A full description of the actual or potential conflict of 
interest, including all relevant facts; and
    (ii) A plan for avoiding, neutralizing, or mitigating the 
conflict of interest, including a description of any effect such 
avoidance, neutralization, or mitigation is expected to have on the 
contract's cost, schedule, and performance.
    (2) The contractor shall cease the performance of all affected 
work if directed by the Contracting Officer.
    (3) When the conflict of interest can be avoided, neutralized, 
or mitigated, the mitigation plan accepted by the government will be 
incorporated into the contract by bilateral modification.
    (4) If the conflict of interest cannot be avoided, neutralized, 
or mitigated, but the contract can be modified to remove the 
affected work, the Contracting Officer will modify the contract 
accordingly. If the conflict is extensive to the point that the 
removal of affected work is not practicable, the Contracting Officer 
may terminate the contract for convenience.
    (c) The Contracting Officer may terminate the contract for 
default if--
    (1) It is determined that the contractor was aware of an 
organizational conflict of interest, either before or after the 
award of the contract, and intentionally did not disclose the 
conflict to the Contracting Officer; or
    (2) The contractor takes any action prohibited by this clause or 
fails to take action required by this clause.
    (d) A conflict of interest on the part of the prime contractor, 
before or after award, may be grounds for disqualifying the 
contractor and any partners, affiliates, principals, subcontractors, 
consultants, and employees from performing or competing for (e.g., 
under subcontract) any affected work. The government may 
unilaterally determine to permit individuals or entities associated 
with the prime contractor to perform or compete for affected work.
    (e) The contractor shall not evaluate or otherwise advise the 
government concerning its own products or services, or those of 
another contractor or organization competing for a federal contract, 
without the written approval of the Contracting Officer. The 
contractor shall notify the Contracting Officer promptly, in 
writing, whenever the contractor has been directed to evaluate or 
advise the government concerning its own products or services or 
those of another contractor or competitor for a federal contract.
    (f) If this is an indefinite-delivery type contract under which 
supplies or services are provided via task or delivery orders, the 
word ``contract'' shall be read to include individual orders.
    (g) Nothing in this clause is intended to prohibit the 
contractor from marketing or selling to the government its product 
lines in existence on the effective date of this contract, nor shall 
this clause prohibit the contractor from participating in any 
research and development or delivering any design, development 
model, or prototype of any such equipment. Sales of catalog or 
standard commercial items by the contractor are also exempt from the 
requirements of this clause.
    (h) The rights and remedies described herein shall not be 
exclusive and are in addition to other rights and remedies provided 
by law or included elsewhere in this contract.
    (i) The contractor shall include the provisions of this clause 
in all subcontracts, teaming agreements, or other contractual 
relationships that require or provide for access to information or 
performance of activities covered by this clause. The contractor 
shall substitute ``subcontractor'' or other terms for ``contractor'' 
wherever appropriate.

(End of clause)

    15. In section 2452.215-70, revise the undesignated introductory 
paragraph, the undesignated introductory heading, and paragraph (c)(2) 
to read as follows:


2452.215-70  Proposal Content.

    As prescribed in 2415.209(a), insert a provision substantially the 
same as the following:

PROPOSAL CONTENT (* * * 2006)

* * * * *
    (c) * * *
    (2) Past performance. The offeror shall provide evidence of the 
offeror's past performance in accomplishing work--including meeting 
delivery dates and schedules--the same as, or substantially similar 
to, that required by the solicitation. The offeror shall provide 
references as described below. The offeror is responsible for 
providing accurate and current contact information for all 
references provided. The government shall not be responsible for any 
failure to contact references resulting from inaccurate or outdated 
information provided by the offeror. In evaluating the offeror's 
past performance, the government reserves the right to contact any 
of the references provided, but shall not be required to contact all 
of them. Furthermore, the government shall not be restricted to 
information obtained from references provided by the offeror and may 
use information obtained from other sources, including references 
not specifically provided by the offeror but which are known or 
become known to the government based on its review of the 
contractor's performance history. [Contracting Officer insert 
specific instructions for reference check information required].
* * * * *
    16. Add section 2452.215-71 to read as follows:


2452.215-71  Small Business Subcontracting Evaluation.

    As prescribed in 2415.304(c), insert the following provision:

SMALL BUSINESS SUBCONTRACTING EVALUATION (* * * 2006)

    (a) General. In accordance with FAR 19.702, contractors shall 
provide the maximum practicable subcontracting opportunities to 
small business, veteran-owned small business, service-disabled 
veteran-owned small business, HUBZone small business, small 
disadvantaged business, and women-owned small business concerns. HUD 
is strongly committed to ensuring that such small businesses have 
maximum opportunities to participate in subcontracting with HUD 
prime contractors. Contractors that are unable to meet the 
established goal due to practical considerations must provide the 
rationale for the proposed level of subcontracting.
    (b) Subcontracting Goals. In support of its commitment, HUD has 
established the following goals, which are expressed as a percentage 
of the total value of each contract and subsequent modifications:
    (1) Small Business--[Contracting Officer insert percentage] 
percent.
    (2) Within the total Small Business goal in (1), the following 
subordinate goals shall apply:
    (i) Small Disadvantaged Business--[Contracting Officer insert 
percentage] percent.
    (ii) Women-Owned Small Business--[Contracting Officer insert 
percentage] percent.
    (iii) Service-Disabled Veteran-Owned Small Business--
[Contracting Officer insert percentage] percent.
    (iv) HUBZone Small Business--[Contracting Officer insert 
percentage] percent.
    (c) Evaluation. In addition to the technical and management 
evaluation factors set forth

[[Page 2449]]

elsewhere in this solicitation, HUD will evaluate proposals in terms 
of subcontracting opportunities provided to small business concerns 
as described in the offeror's proposed subcontracting plan submitted 
in accordance with the provisions at 52.219-9 and 2452.219-70 in 
this solicitation. The evaluation shall consider the following:
    (1) The total value of the proposed small business 
subcontracting effort as it relates to the total value of the offer 
for the prospective contract;
    (2) The offeror's specific goals established for each of the 
following categories of small business:
    (i) Small Business;
    (ii) Veteran-owned small business;
    (iii) Service-disabled veteran-owned small business;
    (iv) HUBZone small business;
    (v) Small disadvantaged business; and
    (vi) Women-owned small business;
    (3) Specific commitments to small business concerns; and
    (4) The substantive nature of the work required by the 
solicitation that the offeror proposes to subcontract.

(End of provision)

    17. Revise section 2452.237-75 to read as follows:


2452.237-75  Access to HUD Facilities.

    As prescribed in 2437.110(e), insert the following clause in 
solicitations and contracts:

ACCESS TO HUD FACILITIES (* * * 2006)

    (a) Definitions. As used in this clause--
    Access means physical entry into, and to the extent authorized, 
mobility within, a Government facility.
    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, owned, leased, shared, occupied, or otherwise 
controlled by the federal government.
    NACI means National Agency Check with Written Inquiries, the 
minimum background investigation prescribed by the U.S. Office of 
Personnel Management.
    ``PIV Card'' means 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 performance of this contract. HUD may 
accept a PIV Card issued by another federal agency but shall not be 
required to do so. No contractor employee will be permitted 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: Standard Form (SF) 85, ``Questionnaire for Non-sensitive 
Positions,'' FD-258 (Fingerprint Chart), and a partial Optional Form 
(OF) 306 (Items 1, 2, 6, 8-13, 16, and 17). The SF-85 and OF-306 are 
available from the Office of Personnel Management's (OPM) Web site: 
http://www.opm.gov. The Government Technical Representative (GTR) 
will provide all other forms that are not obtainable via the 
Internet.
    (2) The contractor shall deliver the forms and information 
required in subparagraph (c)(1) to the GTR.
    (3) The information provided in accordance with paragraph (c)(1) 
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 GTR will 
notify the contractor in writing if any contractor employee is 
determined to be unsuitable to be given access to a Government 
facility. If so notified, the contractor shall immediately remove 
such employees from work on this contract that requires their 
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 subparagraph (c)(1): employee's full 
name, Social Security Number, and place and date of birth.
    (d) PIV Cards.
    (1) HUD will issue a PIV Card to each contractor employee who is 
to be given access to HUD facilities and does not already possess a 
PIV Card acceptable to HUD (see paragraph (b)). HUD will not issue 
the PIV Card until the contractor employee has successfully cleared 
the FBI National Criminal History Fingerprint Check, and until HUD 
has initiated the background investigation for the contractor 
employee. Initiation is defined to mean that all background 
information required in paragraph (c)(1) has been delivered to HUD. 
The employee may not be given access prior to those two 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 (including 
adjudication of investigation results) for the employee 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 their 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 GTR 
if any PIV Card(s) cannot be accounted for. The contractor shall 
notify the GTR immediately whenever any contractor 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). In such cases, the GTR 
will instruct the contractor on how to return the PIV Card. Upon 
expiration of this contract, the GTR will instruct the contractor on 
how to return all HUD-issued PIV Cards not previously returned. The 
contractor shall not return PIV Cards to any person other than the 
individual(s) named by the GTR.
    (e) Control of access. HUD shall have and exercise full and 
complete control over granting, denying, withholding, and 
terminating access of contractor employees to HUD facilities. The 
GTR will notify the contractor immediately when HUD has determined 
that an employee is unsuitable or unfit to be permitted access to a 
HUD facility. In such cases, the contractor shall immediately notify 
the 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)

    18. Revise section 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 (* * * 2006)

    (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 OMB Circular A-130).
    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

[[Page 2450]]

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 National Agency Check with Written Inquiries, the 
minimum background investigation prescribed by the U.S. Office of 
Personnel Management.
    PIV Card means Personal Identity Verification (PIV) Card, the 
federal government-issued identification credential (i.e., 
identification badge).
    Sensitive information means any information, the loss, misuse, 
or unauthorized access to or modification of which could adversely 
affect the national interest or the conduct of federal programs or 
the privacy to which individuals are entitled under section 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 one or more HUD 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 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 undergo 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) 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 the United States for 
permanent residence as evidenced by an Alien Registration Receipt 
Card Form I-151.
    (d) Background investigation process:
    (1) The Government Technical Representative (GTR) 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: Standard Form (SF) 85, ``Questionnaire for 
Non-sensitive Positions,'' FD 258 (Fingerprint Chart), and a partial 
Optional Form (OF) 306 (Items 1, 2, 6, 8-13, 16, and 17).
    (ii) For each contractor employee requiring access to mission-
critical systems or sensitive information contained within a HUD 
system and/or application(s), the contractor shall submit the 
following properly completed forms: SF-85P, ``Questionnaire for 
Public Trust Positions,'' FD-258, and a Fair Credit Reporting Act 
form (authorization for the credit-check portion of the 
investigation). Contractor employees shall not complete the Medical 
Release behind the SF-85P.
    (iii) The SF-85, 85P, and OF-306 are available from the Office 
of Personnel Management's Web site: http://www.opm.gov. The GTR will 
provide all other forms that are not obtainable via the Internet.
    (2) The contractor shall deliver to the GTR the forms and 
information required in subparagraph (d)(1).
    (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 subparagraph (d)(1): Employee's full 
name, Social Security Number, and place and date of birth.
    (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 subparagraph (d)(1).
    (5) Upon completion of the investigation process, the GTR will 
notify the contractor if any contractor employee is determined to be 
unsuitable to have access to HUD's system(s), application(s), or 
information. Any employee who HUD determines to be unsuitable may 
not be given access to those resources. If an unsuitable 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 GTR's 
notification.
    (6) Failure of the GTR to notify the contractor (see 
subparagraph (d)(1)) 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 GTR. 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) 
until the contractor has provided the investigative forms required 
in subparagraph (d)(1) for the employee to the GTR.
    (7) The contractor shall notify the GTR 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)). HUD will not issue the 
PIV Card until the contractor employee has successfully cleared an 
FBI National Criminal History Fingerprint Check, and HUD has 
initiated the background investigation for the contractor employee. 
Initiation is defined to mean all background information required in 
paragraph (d)(1) has been delivered to HUD. The employee may not be 
given access prior to those two 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 (including adjudication of 
investigation results) for the employee 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 GTR 
if any PIV Card(s) cannot be accounted for. The contractor shall 
notify the GTR 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, or employee's 
duties no longer require access to HUD systems). The GTR will 
instruct the contractor on how to return the PIV Card. Upon 
expiration of this contract, the GTR will instruct the contractor on 
how to return all HUD-issued PIV Cards not previously returned. The 
contractor shall not return PIV Cards to any person other than the 
individual(s) named by the GTR.
    (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 GTR 
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 an employee 
that he/she no longer has access

[[Page 2451]]

to any HUD system, shall retrieve the employee's PIV Card from the 
employee, and shall 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 GTR 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) Non-disclosure 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) 
sign a pledge of non-disclosure 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 GTR.
    (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) Federal Information Security Management Act (FISMA) of 2002;
    (ii) OMB Circular A-130, Management of Federal Information 
Resources, Appendix III, Security of Federal Automated Information 
Resources;
    (iii) HUD Handbook 2400.25, Information 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.hudclips.org/ or from the GTR.
    (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 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 a single 
time 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.
    (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)), 
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 section are applicable to performance of the 
subcontract.

(End of clause)

    Dated: December 21,2005.
Joseph A. Neurauter,
Chief Procurement Officer.
[FR Doc. 06-302 Filed 1-12-06; 8:45 am]
BILLING CODE 4210-73-P