[Federal Register Volume 84, Number 72 (Monday, April 15, 2019)]
[Rules and Regulations]
[Pages 15128-15142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07320]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
48 CFR Parts 2402, 2416, 2437, 2442, and 2452
[Docket No. FR-6041-F-02]
RIN 2501-AD85
HUD Acquisition Regulation (HUDAR)
AGENCY: Office of the Chief Procurement Officer, HUD.
ACTION: Final rule.
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SUMMARY: This rule amends various provisions of the HUD Acquisition
Regulation (HUDAR). These provisions 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. This final rule follows a proposed rule published on April 9,
2018 and implements the proposed rule without change except to remove
obsolete definitions.
DATES: Effective date: May 15, 2019.
FOR FURTHER INFORMATION CONTACT: Dr. Akinsola A. Ajayi, 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:
I. Background
The HUDAR is codified at title 48, chapter 24 of the Code of
Federal Regulations. HUD revises the HUDAR from time to time. The
revision prior to this one was published on March 15, 2016 (81 FR
13747).
This final rule follows a proposed rule that was published at 83 FR
15101 (April 9, 2018). The rule proposed, among other things, a change
in terminology from ``Government Technical Representative'' to
``Contracting Officer's Representative,'' abbreviated COR. The rule
also proposed to codify previously used agency-specific clauses
entitled ``Level of Effort and Fee Payment'' and ``Labor Categories,
Requirements, and Estimated Level of Effort.'' A clause was proposed to
address access to controlled unclassified information, which is defined
as any information the disclosure of which would harm the national
interest, the conduct of Federal programs, or the privacy to which
individuals are entitled under the Privacy Act; the clause requires
offerors with whom the government shares this kind of information to
execute a nondisclosure agreement. The proposed rule also included a
clause requiring contractors to report on the status of Personal
Identity Verification (PIV) cards on a quarterly basis. A number of
other minor revisions were made. Please refer to the proposed rule (83
FR 15101) for details.
II. Public Comments
The public comment period opened on publication and closed on June
8, 2018. No relevant public comments were received.
[[Page 15129]]
III. This Final Rule
At this final rule stage, HUD adopts the proposed rule without
change.
IV. Findings and Certifications
Paperwork Reduction Act Statement
The information collection requirements contained in this rule have
been approved by the Office of Management and Budget (OMB) under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned OMB
Control Number 2535-0091. 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.
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 final 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 final 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
final 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
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 final 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.
Accordingly, for the reasons discussed in the preamble, HUD amends
48 CFR parts 2402, 2416, 2437, 2442, and 2452 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
[[Page 15130]]
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 (APR 2019)
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 contracts where the Contractor is required to
produce, as an end product, publications or other written materials:
REPRODUCTION OF REPORTS (APR 2019)
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 (APR 2019)
(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 (APR 2019)
(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 (APR 2019)
(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)
[[Page 15131]]
(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 (APR
2019)
(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:
SECTION 8(A) DIRECT AWARD (APR 2019)
(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 (APR 2019)
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) (APR 2019)
(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
[[Page 15132]]
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 (APR 2019)
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 #: ___, VOUCHER NUMBER
___ 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 (APR 2019)
(a) Voucher submission. (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 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 (APR 2019)
(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 (APR 2019)
(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)
[[Page 15133]]
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 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) (APR 2019)
(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.
[[Page 15134]]
(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) Nondisclosure agreements 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) (APR 2019)
(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;
(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 (APR 2019)
(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
[[Page 15135]]
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.
(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
[[Page 15136]]
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.
(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
22. 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 (APR 2019)
(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
23. 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 (APR 2019)
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
24. Revise 2452.3 to read as follows:
2452.3 Provision and clause matrix.
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Dated: April 9, 2019.
Jimmy Scott,
Acting Chief Procurement Officer.
[FR Doc. 2019-07320 Filed 4-12-19; 8:45 am]
BILLING CODE 4210-67-C