SOLICITATION NOTICE
D -- computer hardware
- Notice Date
- 12/17/2010
- Notice Type
- Combined Synopsis/Solicitation
- NAICS
- 334111
— Electronic Computer Manufacturing
- Contracting Office
- Department of Health and Human Services, National Institutes of Health, Clinical Center/Office of Purchasing & Contracts, 6707 Democracy Blvd, Suite 106, MSC 5480, Bethesda, Maryland, 20892-5480
- ZIP Code
- 20892-5480
- Solicitation Number
- 184262
- Point of Contact
- Lynda Johnson, Phone: 301-496-2342
- E-Mail Address
-
lynda_johnson@nih.gov
(lynda_johnson@nih.gov)
- Small Business Set-Aside
- N/A
- Description
- Please email all bids to ljohnson@cc.nih.gov The purpose of the statement of work is to acquire (2) HP DL380 server to replace a cluster node that have reached end of life. These servers's are cluster nodes in a quad cluster environment which support DTM application environment. Scope The vendor will provide a proposal for the items listed below. Qty Model Comments 2 605877-005 HP DL380 G7 E5620 6GB Includes: DVD+/-RW Drive Rail Kit 2 503296-B21 HP 460W Power Supply and Fan 2 587476-B21 E5620 Processor Kit 6 500656-B21 HP 2GB PC3-10600R-9 Memory 4 507127-B21 HP 300GB 6G PLUG SAS 10K DP HD 2 435508-B21 HP NC364T PCIE 4PT GIGABIT SVR-ADPT 4 LPE11000-E EMULEX 1PT 4GB STORAGE ADAPTER 2 TA850AAE Integrated Lights Out Advanced Pack - License + 1 Year 24x7 Support 2 U4545E HPE 3YR 24X7X4 ONSITE F/DL380 Mandatory Requirements Servers shall be capable of monitoring and management using the existing HP Systems Insight Manager utility. This is necessary to provide pre-failure warranty support for CPUs, memory and disks drives. Servers shall be architecturally compatible and interoperable with the HP ProLiant DL380 class of systems to ensure that Microsoft Active -Active or Active-Passive clustering can be maintained. Servers shall share common power supplies with the ability to choose the appropriate sized power supply depending on specific server configurations. Servers shall provide the capability to support up to 4 administrators to view and share control of a single virtual KVM session. The system must provide the ability to record a server KVM session on demand, and automatically record a system boot or failure. Servers shall include an external display that indicates system status, without the need to load server agents and without the need to read a "code book" to determine system faults. Servers shall meet the EPA's new Gold Energy Star rating in the Climate Savers Computing Initiative, and an ECOS Consulting 80PLUS Gold rating. Additionally, systems must have the ability to monitor and cap overall server power utilization. NIH Clinical Data Center 10 Center Drive Bldg 10/Room B1N243 Bethesda, MD 20892 Delivery Location, Schedule, and Instructions Shipment of deliverable items specified in the Scope of Work shall be delivered to the National Institutes of Health, Clinical Center within fifteen (15) calendar days after receipt of Purchase Order. The delivery must be noted as an inside delivery to the address listed below. NIH Clinical Center 10 Center Drive Building 10/Room B1N243 Bethesda, MD 20892 The following security clauses have been incorporated: NIH/CC SECURITY - CONTRACT PROVISION September 29, 2009 (rev 12/22/2009) NIH INFORMATION SECURITY THE FOLLOWING MATERIAL IS APPLICABLE TO DEPARTMENT OF HEALTH AND HUMAN SERVICES (HHS) TASK ORDERS FOR WHICH CONTRACTOR/SUBCONTRACTOR PERSONNEL WILL (1) DEVELOP, (2) HAVE THE ABILITY TO ACCESS, OR (3) HOST AND/OR MAINTAIN A FEDERAL INFORMATION SYSTEM(S). For more information, see HHS Information Security Program Policy at: http://www.hhs.gov/ocio/policy/2004-0002.001.html#intro. If the SOW requires Hardware the following must be included (1) IT equipment procurement requests (servers, desktops, laptops, Blackberries, PDAs, data storage devices, and all information processing equipment) For more information see: • All IT equipment procurement requests (servers, desktops, laptops, Blackberries, PDAs, data storage devices, and all information processing equipment) must be reviewed by the IC CIO or designee to insure that they conform to HHS, NIH, and Institute and Center (IC) standards before procurement approval is granted. NIH Initial Security Configuration Policy http://irm.cit.nih.gov/security/sec_policy.html#Acq Pursuant to Federal and HHS Information Security Program Policies the contractor and any subcontractor performing under this task order shall comply with the following requirements: a. Federal Information Security Management Act of 2002 (FISMA), Title III, E-Government Act of 2002, Pub. L. No. 107-347 (Dec. 17, 2002); http://csrc.nist.gov/drivers/documents/FISMA-final.pdf b. OMB Memorandum M-06-15, Safeguarding Personally Identifiable c. Information (05-22-06): http://www.whitehouse.gov/omb/memoranda/fy2006/m-06-15.pdf d. OMB Memorandum M-06-16, Protection of Sensitive Agency Information (06-23-06): e. http://www.whitehouse.gov/OMB/memoranda/fy2006/m06-16.pdf f. OMB Memorandum M-06-19, Safeguarding Against and Responding to the Breach of Personally Identifiable Information: http://www.whitehouse.gov/omb/memoranda/fy2006/m06-19.pdf g. Guide for Identifying Sensitive Information, including Information in Identifiable Form, http://ocio.nih.gov/security/NIH_Sensitive_Info_Guide.doc h. OMB Memorandum M-07-16, Protection of Sensitive Agency Information. http://www.whitehouse.gov/omb/assets/omb/memoranda/fy2007/m07-16.pdf i. Homeland Security Presidential Directive/HSPD-12, Policy for a Common Identification Standard for Federal Employees and Contractors (08-27-04): http://www.whitehouse.gov/news/releases/2004/08/print/20040827-8.html j. OMB Memorandum M-05-24, Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractors (08-05-05): http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf k. Federal Information Processing Standards Publication (FIPS PUB) 201-1 (Updated June 26, 2006): http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf l. HHS Interim Policy: Contractual Implementation of Homeland Security Presidential Directive (HSPD) 12, Policy for a Common Identification Standard for Federal Employees and Contractors [Draft] Include Sections A through G in all contracts A. INFORMATION TYPE **** (NOTE: Based on information provided by the ISSO, PO, and Privacy Officer, select the appropriate general information type(s) below, and provide the specific type of information.) **** [ ] Administrative, Management and Support Information: **** (NOTE: If the above box is checked, the specific type(s) of information from NIST SP 800-60, Volume II: Appendices to Guide for Mapping Types of Information and Information Systems To Security Categories, APPENDIX C, Table 3, at http://csrc.nist.gov/publications/nistpubs/800-60/SP800-60V2-final.pdf must be inserted here. This information will be provided by the IC ISSO and/or Project Officer) **** [ X ] Mission Based Information: **** (NOTE: If the above box is checked, the specific type(s) of information from NIST SP 800-60, Volume II: Appendices to Guide For Mapping Types Of Information and Information Systems To Security Categories, APPENDIX D, Table 5, at http://csrc.nist.gov/publications/nistpubs/800-60/SP800-60V2-final.pdf must be inserted here D.20.1 Research and Development Information Type Research and Development involves the gathering and analysis of data, dissemination of results, and development of new products, methodologies, and ideas. The sensitivity and criticality of most research and development information depends on the subject matter involved. B. SECURITY CATEGORIES AND LEVELS **** (NOTE: Based on information provided by the ISSO and Project Officer, select the Security Level for each Security Category. Select the Overall Security Level which is the highest level of the three factors (Confidentiality, Integrity and Availability). NIST SP 800-60, Volume II: Appendices to Guide for Mapping Types of Information and Information Systems to Security Categories, Appendices C and D contain suggested Security Levels for Each Information Type at http://csrc.nist.gov/publications/nistpubs/800-60/SP800-60V2-final.pdf For additional information and assistance for completion of this item, see Table 1, Security Categorization of Federal Information and Information Systems at: http://irm.cit.nih.gov/security/table1.htm )**** Confidentiality Level: [ X ] Low [ ] Moderate [ ] High Integrity Level: [ ] Low [ X ] Moderate [ ] High Availability Level: [ X ] Low [ ] Moderate [ ] High Overall Level: [ ] Low [ X ] Moderate [ ] High Include sections R through T in all contracts C. SPECIAL INFORMATION SECURITY REQUIREMENTS FOR FOREIGN CONTRACTORS/SUBCONTRACTORS When foreign contractors/subcontractors perform work under this acquisition at non-US Federal Government facilities, provisions of HSPD-12 do NOT apply. D. REFERENCES: INFORMATION SECURITY INCLUDING PERSONALLY IDENTIFIABLE INFORMATION (1) Federal Information Security Management Act of 2002 (FISMA), Title III, E-Government Act of 2002, Pub. L. No. 107-347 (Dec. 17, 2002); http://csrc.nist.gov/drivers/documents/FISMA-final.pdf (2) DHHS Personnel Security/Suitability Handbook: http://www.knownet.hhs.gov/acquisition/pssh.pdf (3) NIH Computer Security Awareness Course: http://irtsectraining.nih.gov/ (4) NIST Special Publication 800-16, Information Technology Security Training Requirements: http://csrc.nist.gov/publications/nistpubs/800-16/800-16.pdf Appendix A-D: http://csrc.nist.gov/publications/nistpubs/800-16/AppendixA-D.pdf (5) NIST SP 800-18, Guide for Developing Security Plans for Information Technology Systems: http://csrc.nist.gov/publications/nistpubs/800-18-Rev1/sp800-18-Rev1-final.pdf (6) NIST SP 800-53, Revision 1, Recommended Security Controls for Federal Information Systems: http://www.csrc.nist.gov/publications/drafts/800-53-rev1-ipd-clean.pdf (7) NIST SP 800-60, Guide for Mapping Types of Information and Information Systems to Security Categories, Volume I: http://csrc.nist.gov/publications/nistpubs/800-60/SP800-60V1-final.pdf; Volume II, Appendices to Guide For Mapping Types of Information and Information Systems To Security Categories, Appendix C at: http://csrc.nist.gov/publications/nistpubs/800-60/SP800-60V2-final.pdf and Appendix D at: http://csrc.nist.gov/publications/nistpubs/800-60/SP800-60V2-final.pdf. (8) NIST SP 800-64, Security Considerations in the Information System Development Life Cycle: http://csrc.nist.gov/publications/nistpubs/800-64/NIST-SP800-64.pdf (9) FIPS PUB 199, Standards for Security Categorization of Federal Information and Information Systems: http://csrc.nist.gov/publications/fips/fips199/FIPS-PUB-199-final.pdf (10) FIPS PUB 200, Minimum Security Requirements for Federal Information and Information Systems: http://csrc.nist.gov/publications/fips/fips200/FIPS-200-final-march.pdf (11) OMB Memorandum M-06-15, Safeguarding Personally Identifiable Information (05-22-06): http://www.whitehouse.gov/omb/memoranda/fy2006/m-06-15.pdf (12) OMB Memorandum M-06-16, Protection of Sensitive Agency Information (06-23-06): http://www.whitehouse.gov/OMB/memoranda/fy2006/m06-16.pdf (13) OMB Memorandum M-06-19, Reporting Incidents Involving Personally Identifiable Information and Incorporating the Cost for Security in Agency Information Technology Investments (07-12-06) http://www.whitehouse.gov/omb/memoranda/fy2006/m-06-19.pdf (14) OMB Memorandum, Recommendations for Identity Theft Related Data Breach Notification (09-20-06) http://www.whitehouse.gov/omb/memoranda/fy2006/task_force_theft_memo.pdf (15) OMB Memorandum M-07-16, Safeguarding Against and Responding to the Breach of Personally Identifiable Information (05-22-07) http://www.whitehouse.gov/omb/memoranda/fy2007/m07-16.pdf (16) OMB Memorandum M-07-18, Ensuring New Acquisitions Include Common Security Configurations (06-01-07) http://www.whitehouse.gov/omb/memoranda/fy2007/m07-18.pdf (17) Guide for Identifying Sensitive Information, including Information in Identifiable Form, at the NIH ( 04-18-2008) (http://irm.cit.nih.gov/security/NIH_Sensitive_Info_Guide.doc (18) HHS OCIO Policies http://www.hhs.gov/ocio/policy/index.html#Security (19) NIH Privacy Awareness Course: http://irtsectraining.nih.gov/ E. REFERENCES: PHYSICAL ACCESS SECURITY (1) HHS Information Security Program Policy: http://intranet.hhs.gov/infosec/docs/policies_guides/ISPP/Information_Security_Program_Policy.pdf (2) Homeland Security Presidential Directive/HSPD-12, Policy for a Common Identification Standard for Federal Employees and Contractors (08-27-04): http://www.whitehouse.gov/news/releases/2004/08/print/20040827-8.html (3) OMB Memorandum M-05-24, Implementation of Homeland Security Presidential Directive (HSPD) 12 - Policy for a Common Identification Standard for Federal Employees and Contractors (08-05-05): http://www.whitehouse.gov/omb/memoranda/fy2005/m05-24.pdf (4) OMB Memorandum M-07-06, Validating and Monitoring Agency Issuance of Personal Identity Verification Credentials (01-11-07): http://www.whitehouse.gov/omb/memoranda/fy2007/m07-06.pdf (5) Federal Information Processing Standards Publication (FIPS PUB) 201-1 (Updated June 26, 2006): http://csrc.nist.gov/publications/fips/fips201-1/FIPS-201-1-chng1.pdf (6) HHS Interim Policy: Contractual Implementation of Homeland Security Presidential Directive (HSPD) 12, Policy for a Common Identification Standard for Federal Employees and Contractors [Draft] http://www.hhs.gov/oamp/policies/hspd12contractguide.doc (7) HHS Office of Security and Drug Testing, Personnel Security/Suitability Handbook (02-01-05): http://www.hhs.gov/oamp/policies/personnel_security_suitability_handbook.html (8) HHSAR 307.7106, Statement of Work (SOW); HHSAR 307.7108 in new coverage as of 02-01-07: http://knownet.hhs.gov/acquisition/hhsar/Default.htm (9) Federal Acquisition Regulation (FAR) 37.602, Performance Work Statement (PWS): http://acquisition.gov/far/current/html/Subpart%2037_6.html#wp1074648 (10) FAR Subpart 4.13, Personal Identity Verification of Contractor Personnel: http://acquisition.gov/far/current/html/Subpart%204_13.html#wp1074125 (11) FAR 52.204-9, Personal Identity Verification of Contractor Personnel [clause]: http://acquisition.gov/far/current/html/52_200_206.html#wp1139617 Include Section V in all acquisitions that require Hardware purchases F. Federal Desktop Core Configuration (FDCC) and Federal Information Processing 201 Security Requirements • The Contractor shall ensure new systems are configured with the applicable Federal Desktop Core Configuration (FDCC) (http://nvd.nist.gov/fdcc/download_fdcc.cfm)[1][1] and applicable configurations from http://checklists.nist.gov, as jointly identified by the OPDIV/STAFFDIV Contracting Officer's Technical Representative (COTR) and the CISO. • The Contractor shall ensure hardware and software installation, operation, maintenance, update, and/or patching will not alter the configuration settings specified in: (a) the FDCC (http://nvd.nist.gov/fdcc/index.cfm); and (b) other applicable configuration checklists as referenced above. • The Contractor shall ensure applications are fully functional and operate correctly on systems configured in accordance with the above configuration requirements. • The Contractor shall ensure applications designed for end users run in the standard user context without requiring elevated administrative privileges. • FIPS 201-compliant, Homeland Security Presidential Directive 12 (HSPD-12) card readers shall: (a) be included with the purchase of servers, desktops, and laptops; and (b) comply with FAR Subpart 4.13, Personal Identity Verification. In accordance with HHS-OCIO-2008-0004.001S "Standard Security Language Configuration in HHS Contracts", all NIH purchases of servers, desktops, and laptops shall include a Federal Information Processing Standard 201 (FIPS-201)-compliant smartcard reader. A list of approved FIPS-201 compliant devices may be found at http://www.idmanagement.gov/drilldown.cfm?action=gov_app_products. As standards-compliant smartcard readers may not be available from all sources, or may be more cheaply acquired and provisioned separately, IC information technology staff must review the status of emerging NIH standards for compliant peripheral devices, keyboards, card readers, etc. before making purchases. By 01/01/2011, all systems joined to the NIH network or otherwise brought into production use must be provisioned with a FIPS-201 compliant PIV card reader. • The Contractor shall ensure that all of its subcontractors (at all tiers) comply with the above requirements Include Section W in all acquisitions used in patient care or patient care settings G. Data and System Interoperability Compliance Standards Executive Order 13410 - Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs http://www.whitehouse.gov/news/releases/2006/08/20060822.html requires that any system that is used in patient care or that are used in the patient care setting must comply with the CCHIT certification and that those standards are located at http://www.cchit.org. Include Section X in all IT contracts H. ELECTRONIC AND INFORMATION TECHNOLOGY ACCESSIBILITY (January2008) Pursuant to Section 508 of the Rehabilitation Act of 1973 (29 U.S.C. 794d), as amended by the Workforce Investment Act of 1998, all electronic and information technology (EIT) products and services developed, acquired, maintained, and/or used under this contract/order must comply with the "Electronic and Information Technology Accessibility Provisions" set forth by the Architectural and Transportation Barriers Compliance Board (also referred to as the "Access Board") in 36 CFR part 1194. Information about Section 508 provisions is available at http://www.section508.gov/. The complete text of Section 508 Final provisions can be accessed at http://www.accessboard.gov/sec508/provisions.htm. The Section 508 standards applicable to this contract/order are identified in the Statement of Work. The contractor must provide a written Section 508 conformance certification due at the end of each order/contract exceeding $100,000 when the order/contract duration is one year or less. If it is determined By the Government that EIT products and services provided by the Contractor do not conform to the described accessibility in the Product Assessment Template, remediation of the products and/or services to the level of conformance specified in the vendor's Product Assessment Template will be the responsibility of the Contractor at its own expense. In the event of a modification(s) to the contract/order, which adds new EIT products and services or revised the type of, or specifications for, products and services the Contractor is to provide, including EIT deliverables such as electronic documents and reports, the Contracting Officer may require that the contractor submit a completed HHS Section 508 Product Assessment Template to assist the Government in determining that the EIT products and services support Section 508 accessibility requirements. Instructions for documenting accessibility via the HHS Section 508 Product Assessment Template may be found at http://508.hhs.gov. [(End of HHSAR 352.270-19(b)] Prior to the Contracting Officer exercising an option for a subsequent performance period/additional quantity or adding increment funding for a subsequent performance period under this contract, as applicable, the Contractor must provide a Section 508 Annual Report to the Contracting Officer and Contracting Officer's Technical Representative (also known as Project Officer or Contracting Officer's Representative). Unless otherwise directed by the Contracting Officer in writing, the Contractor shall provide the cited report in accordance with the following schedule. Instructions for completing the report are available at: http://508.hhs.gov/ under the heading Vendor Information and Documents. The Contractor's failure to submit a timely and properly completed report may jeopardize the Contracting Officer's exercising an option or adding incremental funding, as applicable. Schedule for Contractor Submission of Section 508 Annual Report: [End of HHSAR 352.270-19(c)] 1) PRIVACY ACT- FAR 52.224-1 Privacy Act Notification (Apr 1984) The Contractor will be required to design, develop, or operate a system of records on individuals, to accomplish an agency function subject to the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C. 552a) and applicable agency regulations. Violation of the Act may involve the imposition of criminal penalties. FAR 52.224-2 Privacy Act (April 1984) (a) The Contractor agrees to- (1) Comply with the Privacy Act of 1974 (the Act) and the agency rules and regulations issued under the Act in the design, development, or operation of any system of records on individuals to accomplish an agency function when the contract specifically identifies- (i) The systems of records; and (ii) The design, development, or operation work that the contractor is to perform; (2) Include the Privacy Act notification contained in this contract in every solicitation and resulting subcontract and in every subcontract awarded without a solicitation, when the work statement in the proposed subcontract requires the redesign, development, or operation of a system of records on individuals that is subject to the Act; and (3) Include this clause, including this paragraph (3), in all subcontracts awarded under this contract which requires the design, development, or operation of such a system of records. (b) In the event of violations of the Act, a civil action may be brought against the agency involved when the violation concerns the design, development, or operation of a system of records on individuals to accomplish an agency function, and criminal penalties may be imposed upon the officers or employees of the agency when the violation concerns the operation of a system of records on individuals to accomplish an agency function. For purposes of the Act, when the contract is for the operation of a system of records on individuals to accomplish an agency function, the Contractor is considered to be an employee of the agency. (c)(1) "Operation of a system of records," as used in this clause, means performance of any of the activities associated with maintaining the system of records, including the collection, use, and dissemination of records. (2) "Record," as used in this clause, means any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, education, financial transactions, medical history, and criminal or employment history and that contains the person's name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a fingerprint or voiceprint or a photograph. (3) "System of records on individuals," as used in this clause, means a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual. 2) Personal Identity Verification of Contractor Personnel FAR 52.204-9 (SEPT 2007) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally- controlled information system. 3) EMPLOYMENT ELIGIBILITY VERIFICATION FAR 52.222-54 (JAN 2009) (a) Definitions. As used in this clause- "Commercially available off-the-shelf (COTS) item"- (1) Means any item of supply that is- (i) A commercial item (as defined in paragraph (1) of the definition at 2.101); (ii) Sold in substantial quantities in the commercial marketplace; and (iii) Offered to the Government, without modification, in the same form in which it is sold in the commercial marketplace; and (2) Does not include bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702), such as agricultural products and petroleum products. Per 46 CFR 525.1 (c)(2), "bulk cargo" means cargo that is loaded and carried in bulk onboard ship without mark or count, in a loose unpackaged form, having homogenous characteristics. Bulk cargo loaded into intermodal equipment, except LASH or Seabee barges, is subject to mark and count and, therefore, ceases to be bulk cargo. "Employee assigned to the contract" means an employee who was hired after November 6, 1986, who is directly performing work, in the United States, under a contract that is required to include the clause prescribed at 22.1803. An employee is not considered to be directly performing work under a contract if the employee- (1) Normally performs support work, such as indirect or overhead functions; and (2) Does not perform any substantial duties applicable to the contract. "Subcontract" means any contract, as defined in 2.101, entered into by a subcontractor to furnish supplies or services for performance of a prime contract or a subcontract. It includes but is not limited to purchase orders, and changes and modifications to purchase orders. "Subcontractor" means any supplier, distributor, vendor, or firm that furnishes supplies or services to or for a prime Contractor or another subcontractor. "United States", as defined in 8 U.S.C. 1101(a)(38), means the 50 States, the District of Columbia, Puerto Rico, Guam, and the U.S. Virgin Islands. (b) Enrollment and verification requirements. (1) If the Contractor is not enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall- (i) Enroll. Enroll as a Federal Contractor in the E-Verify program within 30 calendar days of contract award; (ii) Verify all new employees. Within 90 calendar days of enrollment in the E-Verify program, begin to use E-Verify to initiate verification of employment eligibility of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); and (iii) Verify employees assigned to the contract. For each employee assigned to the contract, initiate verification within 90 calendar days after date of enrollment or within 30 calendar days of the employee's assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (2) If the Contractor is enrolled as a Federal Contractor in E-Verify at time of contract award, the Contractor shall use E-Verify to initiate verification of employment eligibility of- (i) All new employees. (A) Enrolled 90 calendar days or more. The Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (B) Enrolled less than 90 calendar days. Within 90 calendar days after enrollment as a Federal Contractor in E-Verify, the Contractor shall initiate verification of all new hires of the Contractor, who are working in the United States, whether or not assigned to the contract, within 3 business days after the date of hire (but see paragraph (b)(3) of this section); or (ii) Employees assigned to the contract. For each employee assigned to the contract, the Contractor shall initiate verification within 90 calendar days after date of contract award or within 30 days after assignment to the contract, whichever date is later (but see paragraph (b)(4) of this section). (3) If the Contractor is an institution of higher education (as defined at 20 U.S.C. 1001(a)); a State or local government or the government of a Federally recognized Indian tribe; or a surety performing under a takeover agreement entered into with a Federal agency pursuant to a performance bond, the Contractor may choose to verify only employees assigned to the contract, whether existing employees or new hires. The Contractor shall follow the applicable verification requirements at (b)(1) or (b)(2) respectively, except that any requirement for verification of new employees applies only to new employees assigned to the contract. (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986, rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986, within 180 calendar days of- (i) Enrollment in the E-Verify program; or (ii) Notification to E-Verify Operations of the Contractor's decision to exercise this option, using the contact information provided in the E-Verify program Memorandum of Understanding (MOU). (5) The Contractor shall comply, for the period of performance of this contract, with the requirements of the E-Verify program MOU. (i) The Department of Homeland Security (DHS) or the Social Security Administration (SSA) may terminate the Contractor's MOU and deny access to the E-Verify system in accordance with the terms of the MOU. In such case, the Contractor will be referred to a suspension or debarment official. (ii) During the period between termination of the MOU and a decision by the suspension or debarment official whether to suspend or debar, the Contractor is excused from its obligations under paragraph (b) of this clause. If the suspension or debarment official determines not to suspend or debar the Contractor, then the Contractor must reenroll in E-Verify. (c) Web site. Information on registration for and use of the E-Verify program can be obtained via the Internet at the Department of Homeland Security Web site: http://www.dhs.gov/E-Verify. (d) Individuals previously verified. The Contractor is not required by this clause to perform additional employment verification using E-Verify for any employee- (1) Whose employment eligibility was previously verified by theContractor through the E-Verify program; (2) Who has been granted and holds an active U.S. Government security clearance for access to confidential, secret, or top secret information in accordance with the National Industrial Security Program Operating Manual; or (3) Who has undergone a completed background investigation and been issued credentials pursuant to Homeland Security Presidential Directive (HSPD)-12, Policy for a Common Identification Standard for Federal Employees and Contractors. (e) Subcontracts. The Contractor shall include the requirements of this clause, including this paragraph (e) (appropriately modified for identification of the parties), in each subcontract that- (1) Is for- (i) Commercial or noncommercial services (except for commercial services that are part of the purchase of a COTS item (or an item that would be a COTS item, but for minor modifications), performed by the COTS provider, and are normally provided for that COTS item); or (ii) Construction; (2) Has a value of more than $3,000; and (3) Includes work performed in the United States.
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