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  <FDSYS>
    <CFRTITLE>48</CFRTITLE>
    <CFRTITLETEXT>Federal Acquisition Regulations System</CFRTITLETEXT>
    <VOL>6</VOL>
    <DATE>1999-10-01</DATE>
    <ORIGINALDATE>1999-10-01</ORIGINALDATE>
    <COVERONLY>false</COVERONLY>
    <TITLE>CLAUSES AND FORMS</TITLE>
    <GRANULENUM>H</GRANULENUM>
    <HEADING>SUBCHAPTER H</HEADING>
    <ANCESTORS>
      <PARENT HEADING="Title 48" SEQ="1">Federal Acquisition Regulations System</PARENT>
    </ANCESTORS>
  </FDSYS>
  <SUBCHAP TYPE="P">
    <PRTPAGE P="586"/>
    <HD SOURCE="HED">SUBCHAPTER H—CLAUSES AND FORMS</HD>
    <PART>
      <EAR>Pt. 2452</EAR>
      <HD SOURCE="HED">PART 2452—SOLICITATION PROVISIONS AND CONTRACT CLAUSES</HD>
      <CONTENTS>
        <SUBPART>
          <HD SOURCE="HED">Subpart 2452.2—Texts of Provisions and Clauses</HD>
          <SECHD>Sec.</SECHD>
          <SECTNO>2452.203-70</SECTNO>
          <SUBJECT>Prohibition against the use of Federal employees.</SUBJECT>
          <SECTNO>2452.203-71</SECTNO>
          <SUBJECT>Certification regarding Federal employment.</SUBJECT>
          <SECTNO>2452.209-70</SECTNO>
          <SUBJECT>Organizational conflicts of interest notification.</SUBJECT>
          <SECTNO>2452.209-71</SECTNO>
          <SUBJECT>Organizational conflicts of interest certification.</SUBJECT>
          <SECTNO>2452.209-72</SECTNO>
          <SUBJECT>Organizational conflicts of interest.</SUBJECT>
          <SECTNO>2452.211-70</SECTNO>
          <SUBJECT>Contract period.</SUBJECT>
          <SECTNO>2452.215-70</SECTNO>
          <SUBJECT>Proposal content.</SUBJECT>
          <SECTNO>2452.216-70</SECTNO>
          <SUBJECT>Estimated cost, base fee, and award fee.</SUBJECT>
          <SECTNO>2452.216-71</SECTNO>
          <SUBJECT>Payment of base and award fee.</SUBJECT>
          <SECTNO>2452.216-72</SECTNO>
          <SUBJECT>Determination of award fee earned.</SUBJECT>
          <SECTNO>2452.216-73</SECTNO>
          <SUBJECT>Performance evaluation plan.</SUBJECT>
          <SECTNO>2452.216-74</SECTNO>
          <SUBJECT>Distribution of award fee.</SUBJECT>
          <SECTNO>2452.216-75</SECTNO>
          <SUBJECT>Unpriced task orders.</SUBJECT>
          <SECTNO>2452.219-70</SECTNO>
          <SUBJECT>Small, small disadvantaged, and women-owned small business subcontracting plan.</SUBJECT>
          <SECTNO>2452.219-71</SECTNO>
          <SUBJECT>Submission of subcontracting reports.</SUBJECT>
          <SECTNO>2452.222-70</SECTNO>
          <SUBJECT>Accessibility of meetings, conferences, and seminars to persons with disabilities.</SUBJECT>
          <SECTNO>2452.226-70</SECTNO>
          <SUBJECT>Certification of status as a minority business enterprise.</SUBJECT>
          <SECTNO>2452.232-70</SECTNO>
          <SUBJECT>Payment schedule and invoice submission (fixed-price).</SUBJECT>
          <SECTNO>2452.232-71</SECTNO>
          <SUBJECT>Voucher submission (cost-reimbursement).</SUBJECT>
          <SECTNO>2452.233-70</SECTNO>
          <SUBJECT>Review of contracting officer protest decisions.</SUBJECT>
          <SECTNO>2452.237-70</SECTNO>
          <SUBJECT>Key personnel.</SUBJECT>
          <SECTNO>2452.237-71</SECTNO>
          <SUBJECT>Reproduction of reports.</SUBJECT>
          <SECTNO>2452.237-72</SECTNO>
          <SUBJECT>Coordination of data collection activities.</SUBJECT>
          <SECTNO>2452.237-73</SECTNO>
          <SUBJECT>Conduct of work and technical guidance..</SUBJECT>
          <SECTNO>2452.237-75</SECTNO>
          <SUBJECT>Clearance of contractor personnel.</SUBJECT>
          <SECTNO>2452.237-77</SECTNO>
          <SUBJECT>Observance of legal holidays and administrative leave.</SUBJECT>
          <SECTNO>2452.239-70</SECTNO>
          <SUBJECT>Background investigations for sensitive automated systems/applications.</SUBJECT>
          <SECTNO>2452.242-70</SECTNO>
          <SUBJECT>Indirect costs.</SUBJECT>
          <SECTNO>2452.242-71</SECTNO>
          <SUBJECT>Project management system.</SUBJECT>
          <SECTNO>2452.246-70</SECTNO>
          <SUBJECT>Inspection and acceptance.</SUBJECT>
          <SECTNO>2452.251-70</SECTNO>
          <SUBJECT>Contractor employee travel.</SUBJECT>
        </SUBPART>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>40 U.S.C. 486(c); 42 U.S.C. 3535(d).</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>53 FR 46538, Nov. 17, 1988, unless otherwise noted.</P>
      </SOURCE>
      <SUBPART>
        <HD SOURCE="HED">Subpart 2452.2—Texts of Provisions and Clauses</HD>
        <SECTION>
          <SECTNO>2452.203-70</SECTNO>
          <SUBJECT>Prohibition against the use of Federal employees.<SU>5</SU>
            <FTREF/>
          </SUBJECT>
          <FTNT>
            <P>
              <SU>5</SU> This HUDAR clause has been submitted to the FAR Secretariat for consideration as FAR coverage with Governmentwide application. In the event that similar FAR coverage is issued, HUD will rescind the corresponding HUDAR text.</P>
          </FTNT>
          <P>As prescribed in 2403.670, insert the following clause in solicitations and contracts:</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Prohibition Against the Use of Federal Employees(DEC 1992)</E>
            </HD>
            <P>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.</P>
          </EXTRACT>
          <P>(End of clause)</P>
          <CITA>[57 FR 59791, Dec. 15, 1992]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.203-71</SECTNO>
          <SUBJECT>Certification regarding Federal employment.<SU>6</SU>
            <FTREF/>
          </SUBJECT>
          <FTNT>
            <P>
              <SU>6</SU> This HUDAR provision has been submitted to the FAR Secretariat for consideration as FAR coverage with Governmentwide application. In the event that similar FAR coverage is issued, HUD will rescind the corresponding HUDAR text.</P>
          </FTNT>
          <P>As prescribed in 2403.670, insert the following provision in solicitations:</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Certification Regarding Federal Employment (DEC 1992)</E>
            </HD>
            <P>By submitting an offer, the offeror hereby certifies that it is not owned or substantially owned or controlled by one or more Federal employees.</P>
            <P>(End of provision)</P>
          </EXTRACT>
          <APPRO>(Approved by the Office of Management and Budget under control number 2535-0091)</APPRO>
          <CITA>[57 FR 59791, Dec. 15, 1992]</CITA>
        </SECTION>
        <SECTION>
          <PRTPAGE P="587"/>
          <SECTNO>2452.209-70</SECTNO>
          <SUBJECT>Organizational conflicts of interest notification.</SUBJECT>
          <P>As prescribed in 2409.508-1, insert the following solicitation provision in all solicitations.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Organizational Conflict of Interest Notification (FEB 1987)</E>
            </HD>
            
            <P>(a) It is the Department of Housing and Urban Development's policy to avoid situations which place an offeror in a position where its judgment may be biased because of any past, present, or currently planned interest, financial or otherwise, that the offeror may have which relates to the work to be performed pursuant to this solicitation or where the offeror's performance of such work may provide it with an unfair competitive advantage.</P>
            <P>(b) Offerors shall provide a statement which describes in a concise manner all relevant facts concerning any past, present, or currently planned interest (financial, contractual, organizational, or otherwise) relating to the work to be performed hereunder and bearing on whether the offeror has a possible organizational conflict of interest with respect to (1) being able to render impartial, technically sound, and objective assistance or advice, or (2) being given an unfair competitive advantage. The offeror may also provide relevant facts that show how its organizational structure and/or management systems limit its knowledge of possible organizational conflicts of interest relating to other divisions or sections of the organization and how that structure or system would avoid or mitigate such organizational conflict. (Offerors should refer to FAR subpart 9.5 and HUDAR subpart 2409.5 for policies and procedures for avoiding, neutralizing, or mitigating organizational conflicts of interest).</P>
            <P>(c) In the absence of any relevant interests referred to above, the offeror shall complete the certification at 2452.209-71, Organizational Conflicts of Interest Certification.</P>
            <P>(d) No award shall be made until the disclosure or certification has been evaluated by the Contracting Officer. Failure to provide the disclosure or certification will be deemed to be a minor infraction and the offeror will be permitted to correct the omission within a time frame established by the Contracting Officer.</P>
            <P>(e) Refusal to provide the disclosure or certification and any additional information as required, or the willful nondisclosure or misrepresentation of any relevant information shall disqualify the offeror.</P>
            <P>(f) If the Contracting Officer determines that a potential conflict exists, the selected offeror shall not receive an award unless the conflict can be avoided or otherwise resolved through the inclusion of a special contract clause or other appropriate means. The terms of any special clause are subject to negotiation.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of provision)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.209-71</SECTNO>
          <SUBJECT>Organizational conflicts of interest certification.</SUBJECT>
          <P>As prescribed in 2409.508-1, insert the following solicitation provision in all solicitations.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Organizational Conflicts of Interest Certification (APR 1984)</E>
            </HD>
            <P>The bidder or offeror certifies that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work to be performed under this proposed Government contract and the bidder or offeror's organizational, financial, contractual or other interests may, without some restriction on future activities:</P>
            <P>(a) Result in an unfair competitive advantage to the offeror; or</P>
            <P>(b) Impair the offeror's objectivity in performing the contract work.</P>
            <P>□ In the absence of any actual or apparent conflict, I hereby certify that to the best of my knowledge and belief, no actual or apparent conflict of interest exists with regard to</P>
            <P>Offeror(s) or Bidder(s) <E T="72">__________</E> possible performance of this procurement.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of provision)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.209-72</SECTNO>
          <SUBJECT>Organizational conflicts of interest.</SUBJECT>
          <P>As prescribed in 2409.508-2, insert the following contract clause in all contracts.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Organizational Conflicts of Interest (APR 1984)</E>
            </HD>
            <P>(a) The Contractor warrants that to the best of its knowledge and belief and except as otherwise disclosed, he or she does not have any organizational conflict of interest which is defined as a situation in which the nature of work under a Government contract and a Contractor's organizational, financial, contractual or other interests are such that:</P>
            <P>(1) Award of the contract may result in an unfair competitive advantage; or</P>
            <P>(2) The Contractor's objectivity in performing the contract work may be impaired.</P>

            <P>(b) The Contractor agrees that if after award he or she discovers an organizational conflict of interest with respect to this contract, he or she shall make an immediate and full disclosure in writing to the Contracting Officer which shall include a description of the action which the Contractor <PRTPAGE P="588"/>has taken or intends to take to eliminate or neutralize the conflict.</P>
            <P>The Government may, however, terminate the contract for the convenience of the Government if it would be in the best interest of the Government.</P>
            <P>(c) In the event the Contractor was aware of an organizational conflict of interest before the award of this contract and intentionally did not disclose the conflict to the Contracting Officer, the Government may terminate the contract for default.</P>
            <P>(d) The provisions of this clause shall be included in all subcontracts and consulting agreements wherein the work to be performed is similar to the service provided by the prime contractor. The Contractor shall include in such subcontracts and consulting agreements any necessary provisions to eliminate or neutralize conflicts of interest.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.211-70</SECTNO>
          <SUBJECT>Contract period.</SUBJECT>
          <P>As prescribed in 2411.404(a), insert the following clause in all solicitations and contracts:</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Contract Period (APR 1984)</E>
            </HD>

            <P>The Contractor shall complete all work hereunder, including delivery of the final report, if required, within <E T="72">_____</E> months from the effective date of the contract.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[53 FR 46538, Nov. 17, 1988. Redesignated and amended at 61 FR 19472, May 1, 1996]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.215-70</SECTNO>
          <SUBJECT>Proposal content.</SUBJECT>
          <P>As prescribed in 2415.407(a), insert a provision substantially the same as the following:</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Proposal Content (OCT 1995)</E>
            </HD>
            <P>(a) Proposals shall be submitted in two parts as described in paragraphs (b) and (c) below. Each of the parts must be complete in itself so that evaluation of each part may be conducted independently, and so that the technical and management part may be evaluated strictly on its own merit. Proposals shall be submitted in the format, if any, prescribed elsewhere in this solicitation. Proposals shall be enclosed in sealed packaging and addressed to the office specified in the solicitation. The offeror's name and address, the solicitation number and the date and time specified in the solicitation for proposal submission must appear in writing on the outside of the package.</P>
            <P>(b) Proposals shall be submitted in original and [insert number] copies of Part I and [insert number] copies of Part II.</P>
            <P>(c) Part I—Technical and Management.</P>
            <P>(1) <E T="03">Prior experience.</E> The offeror shall provide evidence of the offeror's (i.e., firm's or organization's) prior and current experience in performing the work and/or providing the deliverables required by the solicitation.</P>
            <P>(2) <E T="03">Past Performance.</E> 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 follows [Contracting Officer insert specific instruction for reference check information required].</P>
            <P>(3) <E T="03">Personnel qualifications.</E> The offeror shall provide the names, position descriptions and information to support the qualifications—including relevant experience, specialized training and education—of all proposed key personnel (see the clause entitled “Key Personnel” in this solicitation for further definition). The term “personnel” shall include any proposed consultants and subcontractor employees who will perform duties of key personnel.</P>
            <P>(4) <E T="03">Management Capability</E>. The offeror shall provide evidence of his/her organization's ability to manage the work required under the proposed contract. The offeror shall describe how the work will be organized, the proposed staffing and the responsibilities and existing commitments of proposed staff.</P>
            <P>(5) <E T="03">Technical Capability</E>. The offeror shall provide a detailed description of how he/she proposes to conduct the work required under the proposed contract.</P>
            <P>(6) <E T="03">Mandatory Minimum Requirements</E>. The offeror shall provide evidence, including copies of documents, as appropriate of [contracting officer insert description of requirement(s), e.g., licenses, minimum experience, etc., or delete this paragraph if not applicable].</P>
            <P>(d) Part II—Business Proposal.</P>
            <P>(1) The Offeror shall complete the Representations and Certifications provided in Section K of this solicitation and include them in this Part II.</P>
            <P>(2) The offeror shall provide information to support the offeror's proposed costs or prices as prescribed elsewhere in this Section L.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of Provision)</HD>
          <P>
            <E T="03">Alternate I</E> (OCT 1999)</P>
          <EXTRACT>

            <P>As prescribed in 2415.209(a), if the award selection will be made through the lowest-priced technically acceptable proposal method, substitute paragraph (c) with the following:
            </P>
            <P>(c) Part I—Technical and Management Information.</P>
            <P>(1) <E T="03">Prior experience</E>. The offeror shall provide evidence that the offeror's (i.e., firm's or organization's) prior experience meets the following minimum standards: [contracting <PRTPAGE P="589"/>officer insert specific experience requirements].</P>
            <P>(2) <E T="03">Past Performance</E>. The offeror shall provide evidence of the offeror's past performance as follows: [contracting officer insert specific performance requirements]. The offeror shall provide references as follows [contracting Officer insert specific instruction for reference check information required].</P>
            <P>(3) <E T="03">Personnel qualifications</E>. The offeror shall provide the names, position descriptions and evidence that proposed key personnel (see the clause entitled “Key Personnel” elsewhere in this solicitation for definition) meet the minimum qualifications described below. The term “personnel” includes any proposed consultants and subcontractor employees who will perform duties of key personnel. The minimum qualifications are: [contracting officer insert descriptions]</P>
            <P>(4) <E T="03">Management Capability</E>. The offeror shall provide evidence of his/her organization's ability to manage the work required under the proposed contract. The offeror shall describe how the work will be organized, the proposed staffing and the responsibilities and existing commitments of proposed staff.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of provision)</HD>
          <P>
            <E T="03">Alternate II (Oct 1999)</E>
          </P>
          <EXTRACT>

            <P>As prescribed in 2415.209(a), if the proposed contract requires work on, or access to, sensitive automated systems as described in 2452.239-70, add the following subparagraph, numbered sequentially, to paragraph (c):
            </P>
            <P>The offeror shall describe in detail how the offeror will maintain the security of automated systems as required by clause at 48 CFR 2452.239-70 in Section I of this solicitation.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of Provision)</HD>
          <CITA>[61 FR 19472, May 1, 1996, as amended at 64 FR 46098, Aug. 23, 1999]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.216-70</SECTNO>
          <SUBJECT>Estimated cost, base fee, and award fee.</SUBJECT>
          <P>As prescribed in 2416.405(e)(1), insert the following clause in all award fee contracts.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Estimated Cost, Base Fee, and Award Fee (APR 1984)</E>
            </HD>
            <P>The estimated cost of this contract is $ (Insert Amount). A base fee of $ (Insert Amount) is payable in accordance with the clause entitled Payment of Base and Award Fee. In addition, a maximum Award Fee of $ (Insert Amount) is available for payment in accordance with the clause entitled Payment of Base and Award Fee.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.216-71</SECTNO>
          <SUBJECT>Payment of base and award fee.</SUBJECT>
          <P>As prescribed in 2416.405(e)(1), insert the following clause in all award fee contracts.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Payment of Base and Award Fee (AUG 1987)</E>
            </HD>
            <P>(a) <E T="03">Base Fee.</E> The Government will make payment of the base fee in (insert number) increments on the schedule set forth in the Performance Evaluation Plan established by the Government. The amount payable shall be based on the progress toward completion of contract tasks as determined by the Contracting Officer. Payment of the base fee is subject to any withholdings as provided for elsewhere in this contract.</P>
            <P>(b) <E T="03">Award Fee.</E> The Government shall make payments of the award fee in accordance with the schedule established in the Performance Evaluation Plan and the Evaluation Period(s) set forth in the Distribution of Award Fee clause.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.216-72</SECTNO>
          <SUBJECT>Determination of award fee earned.</SUBJECT>
          <P>As prescribed in 2416.405(e)(1), insert the following clause in all award fee contracts.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Determination of Award Fee Earned (AUG 1987)</E>
            </HD>

            <P>(a) At the conclusion of each evaluation period specified in the Performance Evaluation Plan, the Government shall evaluate the contractor's performance and determine the amount, if any, of award fee earned by the contractor. The amount of award fee to be paid will be determined by the designated Fee Determination Official's (FDO) judgmental evaluation in accordance with the criteria set forth in the Performance Evaluation Plan. This decision is made unilaterally by the Government and is not subject to the disputes clause or the provisions of the Contract Disputes Act of 1978, 41 U.S.C. 601 <E T="03">et seq.</E> In reaching this decision, the FDO may consider any justification of award fee the Contractor submits, provided that the justification is submitted within (<E T="03">insert number</E>) days after the end of an evaluation period. The FDO determination shall be in writing, shall set forth the basis of the FDO's decision, and shall be sent to the Contractor within (<E T="03">insert number</E>) days after the end of the evaluation period.</P>

            <P>(b) The FDO may specify in any fee determination that fee not earned during the period evaluated may be accumulated and be allocated for award during a later evaluation <PRTPAGE P="590"/>period. The Distribution of Award Fee clause shall be amended to reflect the allocation.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.216-73</SECTNO>
          <SUBJECT>Performance evaluation plan.</SUBJECT>
          <P>As prescribed in 2416.405(e)(1), insert the following clause in all award fee contracts.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Performance Evaluation Plan (AUG 1987)</E>
            </HD>

            <P>(a) The Government shall unilaterally establish a Performance Evaluation Plan that will provide the basis for the determination of the amount of award fee awarded under the contract. The Plan shall set forth evaluation criteria and percentage of award fee available for (1) technical functions, including schedule requirements if appropriate, (2) management functions; and, (3) cost functions. The Government shall furnish a copy of the Plan to the Contractor (<E T="03">insert number</E>) days before the start of the first evaluation period.</P>
            <P>(b) The Government may unilaterally change the award fee plan prior to the beginning of subsequent evaluation periods. The Contracting Officer will provide such changes in writing to the Contractor prior to the beginning of the applicable evaluation period.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[53 FR 46538, Nov. 17, 1988, as amended at 64 FR 46098, Aug. 23, 1999]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.216-74</SECTNO>
          <SUBJECT>Distribution of award fee.</SUBJECT>
          <P>As prescribed in 2416.405(e)(1), insert the following clause in all award fee contracts.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Distribution of Award Fee (APR 1984)</E>
            </HD>

            <P>(a) The total amount of award fee available under this contract is assigned to the following evaluation periods in the following amounts:
            </P>
            <FP SOURCE="FP-DASH">Evaluation Period:</FP>
            <FP SOURCE="FP-DASH">Available Award Fee:</FP>
            
            <P>(b) In the event of contract termination, either in whole or in part, the amount of award fee available shall represent a pro-rata distribution associated with evaluation period activities or events as deteremined by the Fee Determination Official as designated in the contract. The contract clauses required for cost reimbursement contracts should be modified for use under award fee contracts as cited below:</P>
            <P>(1) The term “base fee and award fee” should be substituted for “fixed-fee” where it appears in the clause at FAR 52.243-2, Changes.</P>
            <P>(2) The term “base fee” should be substituted for “fee” where it appears in the clauses at FAR 52.232-20, Limitation of Costs, and FAR 52.232-22, Limitation of Funds.</P>
            <P>(3) The phrase “base fee, if any, and such additional fee as may be awarded as provided for in the Schedule”; should be substituted for the term “fee” whenever it appears in the clause at FAR 52.216-7, Allowable Cost and Payment.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.216-75</SECTNO>
          <SUBJECT>Unpriced task orders.</SUBJECT>
          <P>As prescribed in 2416.504(e), insert the following clause:</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Unpriced Task Orders (APR 1984)</E>
            </HD>
            <P>(a) Although it is anticipated that the Government and the Contractor will reach agreement on the total cost and fee or profit (if applicable) for the effort to be undertaken, prior to the issuance of a Task Order, there may be occasions when the Government wishes to authorize commencement of work prior to agreement on price. If this is the case, a Task Order may be issued which provides that the Contractor shall immediately commence performance of the services specified in the order, and shall submit a pricing proposal within fifteen days of receipt of the Task Order. Upon negotiations of the cost, a supplemental agreement shall be executed to make specific all terms and conditions of the Task Order. Failure to agree for costs ordered under this procedure shall be considered a dispute within the meaning of the clause of this contract entitled Disputes.</P>
            <P>(b) Unpriced Task Orders shall indicate a “not-to-exceed” amount for the order; however, such amount shall not exceed 50 percent of the estimated cost of the Task Order. The Task Order shall only require the Contracting Officer's signature, but shall comply with all other Task Order requirements.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[53 FR 46538, Nov. 17, 1988, as amended at 57 FR 59792, Dec. 15, 1992]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.219-70</SECTNO>
          <SUBJECT>Small, small disadvantaged, and women-owned small business subcontracting plan.</SUBJECT>
          <P>As prescribed in 2419.708, insert the following provision:</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (OCT 1995)</E>
            </HD>

            <P>(a) This provision is not applicable to small business concerns.<PRTPAGE P="591"/>
            </P>
            <P>(b) Consistent with the national interest, it is HUD policy that small business, women-owned small business and small business concerns that are owned and controlled by socially and economically disadvantaged individuals shall have the maximum practicable opportunity to participate in the performance of HUD work at the prime and subcontract level. Therefore, any contract awarded as a result of this solicitation shall fully comply with the intent of this policy, and the successful offeror shall agree to pursue an effective and comprehensive small business, small disadvantaged business and women-owned small business subcontracting program in compliance with the clause entitled “Utilization of Small, Small Disadvantaged and Women-Owned Small Business Concerns.”</P>
            <P>(c) Prior compliance with subcontracting plans shall be considered in determining the responsibility of an offeror (see FAR 9.104-3). Therefore, offerors having previous contracts with subcontracting plans shall provide the following information: agency name; agency point of contact; contract number; total contract value; a synopsis of the work required under the contract; the role(s) of the subcontractor(s) involved; and, the applicable goals and actual performance (dollars and percentages) for subcontracting with small, small disadvantaged and women-owned small business concerns. This information shall be provided for the three most recently (within the last three years) completed contracts with such subcontracting plans.</P>
            <P>(d) The contract expected to result from this solicitation will contain the clause at FAR 52.219-9, “Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan.” In accordance with that clause, the offeror shall submit the complete subcontracting plan with the response to this solicitation. The content of the final plan is subject to negotiation. Failure to submit a complete subcontracting plan and negotiate its content in good faith shall make the offeror ineligible for the contract award.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of provision)</HD>
          <P>
            <E T="03">Alternate I</E> (DEC 1992)</P>
          <EXTRACT>

            <P>This alternate is required for all sealed bid solicitations exceeding $500,000 ($1,000,000 for construction) that are not set aside for small business. In such cases, insert the following paragraph (d) for that in the basic clause:
            </P>
            <P>(d) The contract expected to result from this solicitation will contain the clause at FAR 52.219-9, “Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (Alternate I).” The offeror submitting the apparent low bid, upon request by the Contracting Officer, shall submit a subcontracting plan, where applicable, which addresses separately subcontracting with small, small disadvantaged business and women-owned small business concerns, and which shall be included in and made a part of the resultant contract. The Contracting Officer will review the adequacy of the subcontracting plan as part of the responsibility determination (FAR Subpart 9.1). Failure to submit an adequate subcontracting plan where applicable shall make the bidder ineligible for the contract award.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of provision)</HD>
          
          <APPRO>(Approved by the Office of Management and Budget under control number 2535-0091)</APPRO>
          <CITA>[57 FR 59792, Dec. 15, 1992, as amended at 60 FR 46159, Sept. 5, 1995; 61 FR 19473, May 1, 1996]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.219-71</SECTNO>
          <SUBJECT>Submission of subcontracting reports.</SUBJECT>
          <P>As prescribed in 2419.708(f) insert the following clause:</P>
          <EXTRACT>
            <HD SOURCE="HD1">Submission of Subcontracting Reports (Oct 1999)</HD>
            <P>The Contractor shall submit the Standard Form (SF) 294, Subcontracting Report for Individual Contracts and SF 295, Summary Subcontract Report, in accordance with the instructions on the forms, except that, one copy of each form and any attachments shall be submitted to: Director, Office of Small and Disadvantaged Business Utilization, U.S. Department of HUD, 451 Seventh Street, SW, Room 3130 (SS), Washington, DC 20410-1000.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[64 FR 46098, Aug. 23, 1999]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.222-70</SECTNO>
          <SUBJECT>Accessibility of meetings, conferences, and seminars to persons with disabilities.</SUBJECT>
          <P>As prescribed in 2422.1408(c), insert the following clause in all solicitations and contracts.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Accessibility of Meetings, Conferences, and Seminars to Persons With Disabilities (JUL 1988)</E>
            </HD>
            <P>The contractor shall assure that any meeting, conference, or seminar held pursuant to the contract will meet all applicable standards for accessibility to persons with disabilities pursuant to section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 794) and any implementing regulations of the Department.</P>
          </EXTRACT>
          <PRTPAGE P="592"/>
          <HD SOURCE="HD3">(End of clause)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.226-70</SECTNO>
          <SUBJECT>Certification of status as a minority business enterprise.</SUBJECT>
          <P>As prescribed in 2426.703, insert the following provision in all solicitations:</P>
          <HD SOURCE="HD3">CERTIFICATION OF STATUS AS A MINORITY BUSINESS ENTERPRISE</HD>
          <HD SOURCE="HD3">(AUG 1995)</HD>
          <EXTRACT>
            <P>Bidder, Offeror or Supplier certifies that he or she <E T="72">___</E> is, <E T="72">___</E> is not, (check one), a minority business enterprise which is defined as a business which is at least 51 percent owned by one or more minority group members or, in the case of a publicly owned business, at least 51 percent of its voting stock is owned by one or more minority group members, and whose management and daily operations are controlled by one or more such individuals. For the purpose of this definition, minority group members are:</P>
            <HD SOURCE="HD1">(Check the box applicable to you)</HD>
            <FP SOURCE="FP-1">[] Black Americans</FP>
            <FP SOURCE="FP-1">[] Hispanic Americans</FP>
            <FP SOURCE="FP-1">[] Native Americans</FP>
            <FP SOURCE="FP-1">[] Asian Pacific Americans</FP>
            <FP SOURCE="FP-1">[] Asian Indian Americans</FP>
          </EXTRACT>
          <CITA>[60 FR 46159, Sept. 5, 1995]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.232-70</SECTNO>
          <SUBJECT>Payment schedule and invoice submission (fixed-price).</SUBJECT>
          <P>As prescribed in 2432.908(a), insert a clause substantially the same as the following in all fixed-price solicitations and contracts:</P>
          <EXTRACT>
            <HD SOURCE="HD1">Payment Schedule and Invoice Submission (Fixed-Price) (Oct 1999)</HD>
            <P>(a) <E T="03">General.</E> The Government shall pay the Contractor as full compensation for all work required, performed and accepted under this contract, inclusive of all costs and expenses, the firm fixed-price stated in Part I, Section B of this contract.</P>
            <P>(b) <E T="03">Payment Schedule.</E> Payment of the contract price will be made upon completion and acceptance of all work unless a partial payment schedule is included below [Contracting Officer insert schedule information]:</P>
          </EXTRACT>
          <GPOTABLE CDEF="s50,r50,r50,r50" COLS="4" OPTS="L2,i1">
            <BOXHD>
              <CHED H="1">Partial payment number</CHED>
              <CHED H="1">Applicable contract deliverable</CHED>
              <CHED H="1">Delivery date</CHED>
              <CHED H="1">Payment amount</CHED>
            </BOXHD>
            <ROW>
              <ENT I="11">1. []</ENT>
            </ROW>
            <ROW>
              <ENT I="11">2. []</ENT>
            </ROW>
            <ROW>
              <ENT I="11">3. []</ENT>
            </ROW>
            <ROW>
              <ENT I="22">(Continue as necessary)</ENT>
            </ROW>
          </GPOTABLE>
          <EXTRACT>
            <P>(c) <E T="03">Submission of Invoices.</E> Invoices shall be submitted as follows—original to the payment office identified on the award document (e.g., in Block 12 on the SF-26 or Block 25 on the SF-33, or elsewhere in the contract) and one copy each to the Government Technical Representative and Contracting Officer. To constitute a proper invoice, the invoice must include all items required by FAR clause 52.232-25, “Prompt Payment.”</P>
            <P>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., in Block 14 on the SF-26 or Block 21 on the SF-33). The Contractor is also requested to clearly indicate on the mailing envelope that an invoice is enclosed.</P>
            <P>(d) <E T="03">Contractor Remittance Information.</E> The contractor shall provide the payment office with all information required by FAR clause 52.232-33, “Mandatory Information for Electronic Funds Transfer Payment,” 52.232.34, “Optional Information for Electronic Funds Transfer Payment,” or other supplemental information (contracts for commercial services) as applicable.</P>
          </EXTRACT>
          <CITA>[64 FR 46099, Aug. 23, 1999]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.232-71</SECTNO>
          <SUBJECT>Voucher submission (cost-reimbursement).</SUBJECT>
          <P>As prescribed in 2432.908(b), insert a clause substantially the same as the following in all cost-reimbursement solicitations and contracts:</P>
          <EXTRACT>
            <HD SOURCE="HD1">Voucher Submission (Cost-Reimbursement) (Oct 1999)</HD>

            <P>(a) The Contractor shall submit, on a monthly basis [Contracting Officer may substitute a different time frame, if appropriate], an original and two (2) copies of each voucher. In addition to the items necessary per FAR 52.232-25, “Prompt Payment,” the voucher shall show the elements of cost for the billing period and the cumulative costs to date. All vouchers shall be distributed as follows, except for the final voucher which shall be submitted in all copies to the Contracting Officer—original to the payment office (e.g., in Block 12 on the SF-26 or Block 25 on the SF-33, or elsewhere in the contract) and one copy each to the Government Technical Representative and the Contracting Officer identified on the award document.<PRTPAGE P="593"/>
            </P>
            <P>To assist the Government in making timely payments, the Contractor is requested to include on each voucher the appropriation number shown on the award document (e.g., Block 14 of the 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.</P>
            <P>(b) <E T="03">Contractor Remittance Information.</E> The contractor shall provide the payment office with all information required by FAR clause 52.232-33, “Mandatory Information for Electronic Funds Transfer Payment” or 52.232.34, “Optional Information for Electronic Funds Transfer Payment,” as applicable.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[64 FR 46099, Aug. 23, 1999]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.233-70</SECTNO>
          <SUBJECT>Review of Contracting Officer protest decisions.</SUBJECT>
          <P>As prescribed in 2433.106, insert the following provision:</P>
          <EXTRACT>
            <HD SOURCE="HD1">Review of Contracting Officer Protest Decisions (Oct 1999)</HD>
            <P>(a) In accordance with FAR 33.103 and HUDAR 2433.103, a protester may request an appeal of the Contracting Officer's decision concerning a protest initially made by the protester to the Contracting Officer. Such requests shall be made in writing to the cognizant Head of the Contracting Activity (HCA, see definition at HUDAR subpart 2402.1) within 10 days (see FAR 33.101 for the definition of “days”) of the protestor's notification of the Contracting Officer's decision.</P>
            <P>(b) The cognizant HCA shall make an independent review of the Contracting Officer's decision and provide the protester with the HCA's decision on the appeal.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[64 FR 46099, Aug. 23, 1999]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.237-70</SECTNO>
          <SUBJECT>Key personnel.</SUBJECT>
          <P>As prescribed in 2347.110(a), insert the following clause in solicitations and contracts when it is necessary for contract performance to identify the Contractor's key personnel.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Key Personnel (APR 1984)</E>
            </HD>
            <P>The personnel specified below are considered to be essential to the work being performed under this contract. Prior to diverting any of the specified individuals to other projects, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in sufficient detail to permit evaluation of the impact on the program. No diversion shall be made by the Contractor without the written consent of the Contracting Officer: Provided, that the Contracting Officer may ratify in writing such diversion and such ratification shall constitute the consent of the Contracting Officer required by this clause. This clause may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(List Key Personnel)</HD>
          <HD SOURCE="HD3">(End of clause)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.237-71</SECTNO>
          <SUBJECT>Reproduction of reports.</SUBJECT>
          <P>As prescribed in 2437.110(b), insert the following clause in solicitations and contracts where the Contractor is required to produce, as an end product, publications or other written materials.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Reproduction of Reports (APR 1984)</E>
            </HD>
            <P>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 pages times copies. A production unit is one set, size 8<FR>1/2</FR> 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 in single unit duplicating equipment no larger than 11 by 17 inches with a maximum image of 10<FR>3/4</FR> by 14<FR>1/4</FR> 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. </P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.237-72</SECTNO>
          <SUBJECT>Coordination of data collection activities.</SUBJECT>
          <P>As prescribed in 2437.110(c), insert the following clause in solicitations and contracts where the Contractor is required to collect identical information from ten or more public respondents.</P>
          <EXTRACT>
            <PRTPAGE P="594"/>
            <HD SOURCE="HD1">
              <E T="05">Coordination of Data Collection Activities (APR 1984)</E>
            </HD>
            <P>If it is established at award or subsequently becomes a contractual requirement to collect identical information from ten or more public respondents, the Paperwork Reduction Act (44 U.S.C. 3501-3520) applies. In that event, the Contractor shall not take any action to solicit information from any of the public respondents until notified in writing by the Contracting Officer that the required Office of Management and Budget (OMB) final clearance was received. </P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.237-73</SECTNO>
          <SUBJECT> Conduct of work and technical guidance.</SUBJECT>
          <P>As prescribed in 2437.110(d), insert the following clause in all contracts for services:</P>
          <EXTRACT>
            <HD SOURCE="HD1">Conduct of Work and Technical Guidance (Oct 1999)</HD>
            <P>(a) The Government Technical Representative (GTR) for liaison with the Contractor as to the conduct of work is [insert name] or a successor designated by the Contracting Officer. The Contracting Officer will notify the contractor in writing of any change to the current GTR's status or the designation of a successor GTR.</P>
            <P>(b) The GTR will provide guidance to the contractor on the technical performance of the contract. Such guidance shall not be of a nature which:</P>
            <P>(1) Causes the Contractor to perform work outside the scope of the contract;</P>
            <P>(2) Constitutes a change as defined in FAR 52.243-1;</P>
            <P>(3) Causes an increase or decrease in the cost of the contract;</P>
            <P>(4) Alters the period of performance or delivery dates; or,</P>
            <P>(5) Changes any of the other express terms or conditions of the contract.</P>
            <P>(c) The GTR will issue technical guidance in writing or, if issued orally, he/she will confirm such direction in writing within five calendar days after oral issuance. The GTR may issue such guidance via telephone facsimile or electronic mail.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[64 FR 46099, Aug. 23, 1999]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.237-75</SECTNO>
          <SUBJECT> Clearance of contractor personnel.</SUBJECT>
          <P>As prescribed in 2437.110(e), insert the following clause in solicitations and contracts.</P>
          <EXTRACT>
            <HD SOURCE="HD1">Clearance of Contractor Personnel (Oct 1999)</HD>
            <P>(a) General. This contract requires contractor employees to work in, and have access to, a HUD facility. All such employees shall be required to provide background information and obtain a HUD building pass prior to working in the HUD facility.</P>
            <P>(b) Background information. (1) For each contractor employee subject to the requirements of this clause, the contractor shall complete and deliver to the Government Technical Representative (GTR) the following forms: Form FD-258, “Fingerprinting Charts” (original and one copy); and GSA Form 176, “Statement of Personal History” (original and one copy). The GTR will provide the contractor with blank forms upon request.</P>
            <P>(2) The contractor shall deliver the forms required by paragraph (b)(1) to the GTR within five (5) calendar days after contract award or not later than five (5) calendar days before a covered employee will begin work at the HUD facility.</P>
            <P>(3) The information provided in accordance with paragraph (b)(1) will be used to perform a background check to determine the eligibility of the contractor employees to work in the HUD facility. After completion of such review, the GTR shall notify the contractor in writing of any contractor employees’ ineligibility to work in the HUD facility. The contractor shall immediately remove such employees from work on this contract which requires the employees’ physical presence in the HUD facility.</P>
            <P>(c) <E T="03">Building passes.</E> (1) HUD will issue a building pass to each contractor employee determined to be eligible pursuant to the background check in paragraph (b). The Contractor shall provide the GTR with the names and Social Security numbers of all such employees. Contractor employees shall have their building passes on their persons at all times while working on HUD premises and shall present passes for inspection upon request by HUD officials or HUD security personnel.</P>
            <P>(2) Building passes shall identify individuals as contractor employees and shall have an expiration date not exceeding the current term of the contract. Passes shall be renewed for each succeeding contract period, if any.</P>

            <P>(3) The contractor shall return a contractor employee's pass to the GTR when the employment of any such employee is terminated, or when the employee no longer has a need for access to the HUD facility. Upon expiration of this contract, the contractor shall return to the GTR all building passes issued by HUD and not previously returned. The contractor is responsible for accounting for all passes issued to the contractor's employees.<PRTPAGE P="595"/>
            </P>
            <P>(d) <E T="03">Control of access.</E> 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 for his/her assigned contractual duties, and therefore will no longer be permitted access to the HUD facility. The contractor shall take immediate steps to remove such an employee from working on this contract and provide a suitable replacement.</P>
            <P>(e) <E T="03">Subcontracts.</E> The contractor shall incorporate this clause in all subcontracts where the requirements specified in paragraph (a) of this section are applicable to performance of the subcontract.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[64 FR 46099, Aug. 23, 1999]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.237-77</SECTNO>
          <SUBJECT>Observance of legal holidays and administrative leave.</SUBJECT>
          <P>As prescribed in 2437.110(f), insert the following clause:</P>
          <EXTRACT>
            <HD SOURCE="HD1">Observance of Legal Holidays and Administrative Leave (Oct 1999)</HD>

            <P>(a)(1) The Department of Housing and Urban Development observes the following days as holidays—
            </P>
            <FP SOURCE="FP-1">New Year's Day</FP>
            <FP SOURCE="FP-1">Martin Luther King's Birthday</FP>
            <FP SOURCE="FP-1">Washington's Birthday</FP>
            <FP SOURCE="FP-1">Memorial Day</FP>
            <FP SOURCE="FP-1">Independence Day</FP>
            <FP SOURCE="FP-1">Labor Day</FP>
            <FP SOURCE="FP-1">Columbus Day</FP>
            <FP SOURCE="FP-1">Veterans Day</FP>
            <FP SOURCE="FP-1">Thanksgiving Day</FP>
            <FP SOURCE="FP-1">Christmas Day</FP>
            
            <P>Any other day designated by Federal law, Executive Order, or Presidential Proclamation.</P>
            <P>(2) When any holiday specified in (a)(1) falls on a Saturday, the preceding Friday shall be observed. When any such holiday falls on a Sunday, the following Monday shall be observed. Observances of such days by Government personnel shall not be cause for additional period of performance or entitlement to compensation except as set forth in the contract. If the contractor's personnel work on a holiday, no form of holiday or other premium compensation will be reimbursed either as a direct or indirect cost, unless authorized pursuant to an overtime clause elsewhere in this contract.</P>
            <P>(b)(1) HUD may close a HUD facility for all or a portion of a business day as a result of—</P>
            <P>(A) Granting administrative leave to non-essential HUD employees (e.g., unanticipated holiday);</P>
            <P>(B) Inclement weather;</P>
            <P>(C) Failure of Congress to appropriate operational funds;</P>
            <P>(D) Or any other reason.</P>
            <P>(2) In such cases, contractor personnel not classified as essential, i.e., not performing critical round-the-clock services or tasks, who are not already on duty at the facility shall not report to the facility. Such contractor personnel already present shall be dismissed and shall leave the facility.</P>
            <P>(3) The contractor agrees to continue to provide sufficient personnel to perform round-the-clock requirements of critical tasks already in operation or scheduled for performance during the period in which HUD employees are dismissed, and shall be guided by any specific instructions of the Contracting Officer or his/her duly authorized representative.</P>
            <P>(c) When contractor personnel services are not required or provided due to closure of a HUD facility as described in this clause, the contractor shall be compensated as follows—</P>
            <P>(1) For fixed-price contracts, deductions in the contractor's price will be computed as follows—</P>
            <P>(A) The deduction rate in dollars per day will be equal to the per month contract price divided by 21 days per month.</P>
            <P>(B) The deduction rate in dollars per day will be multiplied by the number of days services are not required or provided.</P>
            <P>If services are provided for portions of days, appropriate adjustment will be made by the Contracting Officer to ensure that the contractor is compensated for services provided.</P>
            <P>(2) For cost-reimbursement, time-and-materials and labor-hour type contracts, HUD shall not reimburse as direct costs, the costs of salaries or wages of contractor personnel for the period during which such personnel are dismissed from, or do not have access to, the facility.</P>
            <P>(d) If administrative leave is granted to contractor personnel as a result of conditions stipulated in any “Excusable Delays” clause of this contract, it will be without loss to the contractor. The cost of salaries and wages to the contractor for the period of any such excused absence shall be a reimbursable item of direct cost hereunder for employees whose regular time is normally charged, and a reimbursable item of indirect cost for employees whose time is normally charged indirectly in accordance with the contractor's accounting policy.</P>
            <HD SOURCE="HD3">(End of clause)</HD>
          </EXTRACT>
          <CITA>[64 FR 46100, Aug. 23, 1999]</CITA>
        </SECTION>
        <SECTION>
          <PRTPAGE P="596"/>
          <SECTNO>2452.239-70</SECTNO>
          <SUBJECT> Background investigations for sensitive automated systems/applications.</SUBJECT>
          <P>As prescribed in 2439.107(a), insert the following clause:</P>
          <EXTRACT>
            <HD SOURCE="HD1">Background Investigations for Sensitive Automated Systems/Applications (Oct 1999)</HD>
            <P>(a) <E T="03">General.</E> This contract involves work on, or access to, [insert name or other identifier], a HUD information resource that is either a major application system or any general support system. A major application system is a mission critical system, a system or information resource which has high investment cost, or any system which contains Privacy Act-covered data. A general support system is any computer facility or major component thereof, or any network or telecommunications resource. All contractor employees working on this contract in positions which HUD has determined to have sensitive access to the information resource(s) identified above are required to have a background investigation. The investigation shall be commensurate with the risk and security controls involved in managing, using or operating the resources identified above, consistent with 5 CFR part 731. HUD may bar contractor employees from working on this contract for failing to meet or maintain the applicable suitability standards administered by the Department's Personnel Security Branch.</P>
            <P>(b) <E T="03">Citizenship-related requirements.</E> All contractor employees as described in paragraph (a) shall: (1) be United States (U.S.) citizens living in the U.S.; or (2) owe allegiance to the U.S.</P>
            <P>(c) <E T="03">Background investigation process.</E> (1) The GTR shall notify the contractor of those contractor employee positions requiring background investigations. For each contractor employee in such a position, the contractor shall submit the following completed forms: Standard Form (SF) 85P, Questionnaire for Public Trust Positions; FD-258, Fingerprint Chart; Fair Credit Reporting Act authorization form; and other information as may be necessary. The contractor shall submit an original and one copy of the SF 85P.</P>
            <P>(2) The contractor shall deliver the forms and information required in paragraph (c)(1) to the GTR as soon as practicable once the contractor knows that the employee will be assigned to this contract, and no later than seven (7) calendar days after the employee begins work on this contract.</P>
            <P>(3) 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 security forms described in paragraph (c)(1).</P>
            <P>(4) Upon completion of the investigation process, the GTR shall notify the contractor in writing of any contractor employees’ ineligibility to work on this contract. The contractor shall immediately remove such employees from work on this contract.</P>
            <P>(5) The contractor shall notify the GTR in writing whenever a contractor employee for whom a background investigation package was required and submitted to HUD terminates employment or otherwise is no longer performing work under this contract. The contractor shall provide a copy of the written notice to the Contracting Officer.</P>
            <P>(d) <E T="03">Security breach notification.</E> The contractor shall immediately notify the GTR and the Contracting Officer of any breach or suspected breach of security or any unauthorized disclosure of the information contained in the automated system specified in this contract.</P>
            <P>(e) <E T="03">Nondisclosure of information.</E> (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 are the sole property of HUD.</P>
            <P>(2) The contractor shall require that any employees who may have access to the automated systems identified in paragraph (a) sign a pledge of nondisclosure of information. These pledges shall be signed by the employees before they are permitted to perform work under this contract. The contractor shall maintain the signed pledges for a period of three years after final payment under this contract.</P>
            <P>(f) <E T="03">Security procedures.</E> The contractor shall establish personnel security procedures that meet, as a minimum, the requirements of HUD Handbook 2400.24. The contractor shall provide a copy of such procedures and any revisions made to them during the period of the contract to the GTR.</P>
            <P>(g) <E T="03">Contractor compliance.</E> Failure on the part of the contractor to comply with the terms of this clause may result in termination of this contract for default.</P>
            <P>(h) <E T="03">Other clearance requirements.</E> When any work performed by contractor personnel on-site in a HUD facility meets the criteria set forth in HUDAR 2437.110(e), the contractor shall also comply with the requirements of the clause at 48 CFR 2452.237-75, Clearance of Contractor Personnel.</P>
            <P>(i) <E T="03">Subcontracts.</E> The contractor shall incorporate this clause in all subcontracts where the requirements specified in paragraph (a) of this section are applicable to performance of the subcontract.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[64 FR 46100, Aug. 23, 1999]</CITA>
        </SECTION>
        <SECTION>
          <PRTPAGE P="597"/>
          <SECTNO>2452.242-70</SECTNO>
          <SUBJECT>Indirect costs.</SUBJECT>
          <P>As prescribed in 2442.705-70, insert the following clause in cost-reimbursement type solicitations and contracts when it is determined that the Contractor will be compensated for negotiated or provisional indirect cost rates pending establishment of final indirect cost rates.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Indirect Costs (APR 1984)</E>
            </HD>
            <P>(a) Pursuant to the provisions of the clause of this contract entitled, “Allowable Cost and Payment” the rates listed below are established. If the column entitled, “Ceiling Rate” has rates listed, the ceiling applies for those rates only. If there are no ceiling rates listed, ceilings do not apply to this contract and the provisions of paragraph (b) of this clause are not applicable.</P>
            <GPOTABLE CDEF="s40,r40,r40,r40,r40" COLS="5" OPTS="L1,i1">
              <BOXHD>
                <CHED H="1">Period</CHED>
                <CHED H="1">Category</CHED>
                <CHED H="1">Provisional rate</CHED>
                <CHED H="1">Ceiling rate</CHED>
                <CHED H="1">Base</CHED>
              </BOXHD>
              <ROW EXPSTB="04">
                <ENT I="11">Effective date until amended:</ENT>
              </ROW>
              <ROW>
                <ENT I="02">(b) For the term of this contract, the final indirect rates shall not exceed the ceiling rates listed above, if any. However, in the event the indirect rates developed by the cognizant audit activity on the basis of actual allowable costs are less than the ceiling rates agreed to herein, then the rates established by such cognizant audits shall apply (downward adjustment only). The Government shall not be obligated to pay any additional amounts on indirect rates above the ceiling rates set forth for the applicable period</ENT>
              </ROW>
              <ROW>
                <ENT I="02">(End of clause)</ENT>
              </ROW>
            </GPOTABLE>
          </EXTRACT>
        </SECTION>
        <SECTION>
          <SECTNO>2452.242-71</SECTNO>
          <SUBJECT>Project management system.</SUBJECT>
          <P>As prescribed in 2442.1107, insert the following clause:</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Project Management System (JUN 1984)</E>
            </HD>
            <P>The Contractor shall provide to the GTR and Contracting Officer a project management system workplan and regular status reports showing actual progress against the workplan. The project management system utilizes two reporting forms (the HUD 441.1 Baseline Plan and the HUD 661.1 Progress Report), in addition to a narrative description. Briefly, the workplan and progress reports shall consist of the following:</P>
            <HD SOURCE="HD2">Workplan</HD>
            <P>The workplan shall consist of a narrative description and a graphic summary (HUD 441.1) of the schedule and financial elements of the contract. The narrative shall: (1) describe the planned schedule; (2) identify each step in the work process required for completing the contract work and the period of time needed to accomplish each step, expressed in terms of calendar dates; (3) provide the staff, financial, and other resources allocated to each task; and, (4) provide the rationale for project organization, staff utilization, and other resources allocated to each task or activity. The HUD 441.1 shall show: (1) cumulative planned or budgeted costs of work scheduled for each reporting period over the life of the contract; and (2) the planned project schedule that traces, by reporting period, the task or sub-task start dates, periods of work in progress, and completion dates.</P>
            <HD SOURCE="HD2">Progress Reports</HD>
            <P>Progress reports shall consist of a narrative report and the HUD 661.1 which depicts actual progress against planned progress. The narrative report shall: (1) provide a brief, factual summary description of technical progress made and costs incurred for each task (or group of tasks) during the reporting period; and, (2) identify significant problems and their impacts, causes, proposed corrective actions, and the effect that such corrective actions will have on the accomplishment of the contract objectives. The HUD 661.1 reproduces the Baseline Plan (HUD 441.1) and shall show: (1) the schedule status or the degree of completion of tasks/activities by time intervals; and, (2) cost status or the actual costs of work performed in accomplishing the tasks.</P>
            <P>Specific and detailed guidance on preparing the forms and the narratives may be obtained from the GTR.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[53 FR 46538, Nov. 17, 1988, as amended at 61 FR 19473, May 1, 1996]</CITA>
        </SECTION>
        <SECTION>
          <SECTNO>2452.246-70</SECTNO>
          <SUBJECT>Inspection and acceptance.</SUBJECT>
          <P>As prescribed in 2446.502-70, insert the following clause in solicitations and contracts unless inspection and acceptance will be performed by someone other than the GTR.</P>
          <EXTRACT>
            <HD SOURCE="HD1">
              <E T="05">Inspection and Acceptance (APR 1984)</E>
            </HD>
            <P>Inspection and acceptance of all work required under this contract shall be performed by the Government Technical Representative (GTR) identified in Block 11 of the SF-26, or other individual as designated by the Contracting Officer of GTR.</P>
          </EXTRACT>
          <PRTPAGE P="598"/>
          <HD SOURCE="HD3">(End of clause)</HD>
        </SECTION>
        <SECTION>
          <SECTNO>2452.251-70</SECTNO>
          <SUBJECT>Contractor employee travel.</SUBJECT>
          <P>As prescribed in 2451.7001, insert the following clause in all cost-reimbursement solicitations and contracts involving travel:</P>
          <EXTRACT>
            <HD SOURCE="HD1">Contractor Employee Travel (Oct 1999)</HD>
            <P>(a) To the maximum extent practical, the Contractor shall make use of travel discounts which are available to Federal employees while traveling in the conduct of official Government business. Such discounts may include, but are not limited to, lodging and rental car rates.</P>
            <P>(b) The Contractor shall be responsible for obtaining and/or providing to his/her employees written evidence of their status with regard to their performance of Government contract work needed to obtain such discounts.</P>
          </EXTRACT>
          <HD SOURCE="HD3">(End of clause)</HD>
          <CITA>[64 FR 46101, Aug. 23, 1999]</CITA>
        </SECTION>
      </SUBPART>
    </PART>
    <PART>
      <EAR>Pt. 2453</EAR>
      <HD SOURCE="HED">PART 2453—FORMS</HD>
      <CONTENTS>
        <SECHD>Sec.</SECHD>
        <SECTNO>2453.000</SECTNO>
        <SUBJECT>Scope of part.</SUBJECT>
        <SUBPART>
          <HD SOURCE="HED">Subpart 2453.2—Prescription of Forms</HD>
          <SECTNO>2453.215</SECTNO>
          <SUBJECT>Contracting by negotiation.</SUBJECT>
          <SECTNO>2453.217</SECTNO>
          <SUBJECT>Special contracting methods.</SUBJECT>
          <SECTNO>2453.217-70</SECTNO>
          <SUBJECT>Form HUD-730, Award/Modification of Interagency Agreement.</SUBJECT>
          <SECTNO>2453.227</SECTNO>
          <SUBJECT>Patents, data, and copyrights.</SUBJECT>
          <SECTNO>2453.227-70</SECTNO>
          <SUBJECT>Form HUD-770, Report of Inventions and Subcontracts.</SUBJECT>
          <SECTNO>2453.242</SECTNO>
          <SUBJECT>Contract administration.</SUBJECT>
          <SECTNO>2453.242-70</SECTNO>
          <SUBJECT>Form HUD-441.1, Project Management System Baseline Plan.</SUBJECT>
          <SECTNO>2453.242-71</SECTNO>
          <SUBJECT>Form HUD-661.1, Project Management System Progress Report.</SUBJECT>
          <SECTNO>2453.246</SECTNO>
          <SUBJECT>Quality Assurance.</SUBJECT>
        </SUBPART>
      </CONTENTS>
      <AUTH>
        <HD SOURCE="HED">Authority:</HD>
        <P>40 U.S.C. 486(c); 42 U.S.C. 3535(d).</P>
      </AUTH>
      <SOURCE>
        <HD SOURCE="HED">Source:</HD>
        <P>53 FR 46543, Nov. 17, 1988, unless otherwise noted.</P>
      </SOURCE>
      <EDNOTE>
        <HD SOURCE="HED">Editoral Note:</HD>
        <P>Nomenclature changes to part 2453 appear at 64 FR 46101, Aug. 23, 1999.</P>
      </EDNOTE>
      <SECTION>
        <SECTNO>2453.000</SECTNO>
        <SUBJECT>Scope of part.</SUBJECT>
        <P>This part prescribes Agency forms for use in acquisition and contains requirements and information generally applicable to the forms.</P>
      </SECTION>
      <SUBPART>
        <HD SOURCE="HED">Subpart 2453.2—Prescription of Forms</HD>
        <SECTION>
          <SECTNO>2453.215</SECTNO>
          <SUBJECT>Contracting by negotiation.</SUBJECT>
        </SECTION>
        <SECTION>
          <SECTNO>2453.217</SECTNO>
          <SUBJECT>Special contracting methods.</SUBJECT>
        </SECTION>
        <SECTION>
          <SECTNO>2453.217-70</SECTNO>
          <SUBJECT>Form HUD-730, Award/Modification of Interagency Agreement.</SUBJECT>
          <P>As prescribed in 2417.504(b), form HUD-730 shall be used by Contracting Officers when placing or modifying an order for supplies or services from another Government agency.</P>
        </SECTION>
        <SECTION>
          <SECTNO>2453.227</SECTNO>
          <SUBJECT>Patents, data, and copyrights.</SUBJECT>
        </SECTION>
        <SECTION>
          <SECTNO>2453.227-70</SECTNO>
          <SUBJECT>Form HUD-770, Report of Inventions and Subcontracts.</SUBJECT>
          <P>As prescribed in 2427.305-2, form HUD-770 shall be completed by the Contractor, and submitted to the Contracting Officer, if requested, upon completion of the contract.</P>
        </SECTION>
        <SECTION>
          <SECTNO>2453.242</SECTNO>
          <SUBJECT>Contract administration.</SUBJECT>
        </SECTION>
        <SECTION>
          <SECTNO>2453.242-70</SECTNO>
          <SUBJECT>Form HUD-441.1, Project Management System Baseline Plan.</SUBJECT>
          <P>As prescribed in 2442.1106(a), form HUD-441.1 shall be used in contract for professional or technical services exceeding $100,000.00 by Contractors to show how they propose to carry out the contract work. The requirement may be waived by the Contracting Officer if he or she believes that the Statement of Work or Contractor's technical proposal is sufficiently specific or another acceptable means for project management is substituted.</P>
        </SECTION>
        <SECTION>
          <SECTNO>2453.242-71</SECTNO>
          <SUBJECT>Form HUD-661.1, Project Management System Progress Report.</SUBJECT>
          <P>As prescribed in 2442.1106(a), form HUD-661.1 shall be used in conjunction with the form HUD-441.1 to monitor quantitative progress against the baseline plan. The 661.1 need not be used if use of form HUD-441.1 has been waived by the Contracting Officer; however, some acceptable means of progress reporting must be substituted.</P>
        </SECTION>
        <SECTION>
          <SECTNO>2453.246</SECTNO>
          <SUBJECT>Quality Assurance.</SUBJECT>
        </SECTION>
      </SUBPART>
    </PART>
  </SUBCHAP>
</CFRGRANULE>
