Armored Couriers
This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. The solicitation is issued as a Request for Proposal (RFP) 2032H5-19-R-00006. The solicitation document and incorporated provisions and clauses are those in effect tough Federal Acquisition Circular (FAC) 2019-03, effective July 12, 2019. This acquisition is being conducted as full and open competition on an unrestricted basis, and the North American Industrial Classification System (NAICS) code for this acquisition is 561613 (Armored car services). The Government anticipates awarding a Firm Fixed Price Contract with a Base Year plus Four One-Year Option periods. A list of the contract line items, quantities and units of measure, the description of the requirement, dates and place(s) of performance are listed below. Provisions and clauses 52.212-1, 52.212-2, 52.212-3, 52.212-4 and 52.212-5 and addenda to these provisions and clauses are applicable to this acquisition and are identified in Section III below. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Sections included in this Solicitation: SECTION I - INSTRUCTIONS TO OFFERORS SECTION II - PERFORMANCE WORK STATEMENT SECTION III - CLAUSES AND PROVISIONS SECTION IV - SUBCONTRACTING SECTION V - PRICING (CLIN STRUCTURE) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ SEPARATE ATTACHMENTS A - Field Assistance Receipt for Transport of IRS Deposit B - Treasury Assistance Center Locations C - Courier's Additional Disclosure Statement (CADS) D - SAMPLE - Courier Deposit Access List (CDAL) E - Subcontracting Plan Outline F - Past Performance Questionnaire G - CLIN Structure ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ SECTION I - INSTRUCTIONS TO OFFERORS I. INTRODUCTION The government anticipates awarding a firm fixed priced contract. The NAICS Code for this solicitation is 561613 - Armored Car Services. II. PROPOSAL INSTRUCTIONS Provide a proposal in accordance with the Performance Work Statement and the Attachments. Your proposal shall include a cover page which should include the following information: Company size _____________ Employees Business size: (i.e Small, Small Disadvantaged, Women-owned, Hubzone, Veteran-owned, Large) Point of Contact (Name and Title) Company Name Company Address Telephone Number Email Address Company Website (if applicable) Taxpayer Identification Number DUNS Number Place of Manufacturer for each supply item proposed (if applicable) Questions regarding this solicitation shall be received by electronic format and emailed to danielle.m.donaldson@irs.gov, NO LATER THAN July 31, 2019 at 1:00 pm (Eastern). Please provide with your questions a reference to the section of the solicitation in question. Subject line shall read: Solicitation Questions RFP 2032H5-19-R-00006. Proposals are to be submitted no later than 1:00 PM (Eastern) on August 13, 2019. Your proposal must be submitted electronically to Danielle Donaldson via email Danielle.m.donaldson@irs.gov and Marcela Almeida via email Marcela.A.Almeida@irs.gov. Any requests for any information concerning the RFP should be referred to Danielle Donaldson via email. All email requests should reference the RFP number listed above. The proposal submitted shall include the following volumes: Volume I - Technical Approach Volume II - Past Performance Volume III - Pricing All written material submitted for the Technical factor shall be no longer than 15 pages (single sided). All written material shall be submitted in 10 point Times New Roman Font, single spaced, and shall have 1'' margins left and right. Past performance references shall be submitted on the attached Past Performance Questionnaire (See Attachment F). Past performance questionnaires do not count in the page count. III. EVALUATION FACTORS Description of Risk Ratings The risk ratings assess the risks and weaknesses associated with each Offeror's proposed approach to performing the requirements stated in the PWS. One overall Risk rating will be assigned to each Proposal. "Low Risk" - Offeror is more likely to succeed than fail. "Medium Risk" - Offeror is equally likely to succeed or fail. "High Risk" - Offeror is more likely to fail than succeed. Proposal Attributes A "significant strength" is an attribute of the offeror's proposal that exceeds the specified performance or capability requirements in a way that is substantially beneficial to the government. A "strength" is an attribute of the offeror's proposal that exceeds the specified performance or capability requirements in a way that is beneficial to the government. A "weakness" is a flaw in the proposal that increases the risk of unsuccessful contract performance. A "significant weakness" in the proposal is a flaw that appreciably increases the risk of unsuccessful contract performance. A "deficiency" is a material failure of a proposal to meet a Government requirement or a combination of significant weaknesses in a proposal that increases the risk of unsuccessful contract performance to an unacceptable level. A proposal with a deficiency cannot be found eligible for award. Factor 1: Technical approach The proposal shall describe the offeror's understanding of the requirements as described in the PWS. Adjectival Rating for Factor 1 "Excellent" - The proposed technical solution outlines an effective, efficient, and achievable approach for meeting requirements as defined in the PWS. The proposal's strengths significantly outweigh any weaknesses, if any, in a manner that will significantly benefit the government. There are no significant weaknesses and no deficiencies. The risk of unsuccessful contract performance is very low. "Good" - The proposed technical solution outlines an effective, efficient, and achievable approach for meeting requirements as defined in the PWS. The proposal's strengths outweigh any weaknesses in a manner that will benefit the government. There are no significant weaknesses and no deficiencies. The risk of unsuccessful contract performance is low. "Satisfactory" - The proposed technical solution outlines an achievable approach for meeting requirements as defined in the PWS. The proposal's strengths, if any, are balanced out by weaknesses. There are no deficiencies. The risk of unsuccessful contract performance is low to moderate. "Marginal" - The proposed technical solution outlines a marginally achievable approach for meeting requirements as defined in the PWS. The proposal's weaknesses outweigh any strengths. The proposed solution has no deficiencies. The risk of unsuccessful contract performance is moderate to high. "Unsatisfactory" - The proposed technical solution fails to demonstrate an achievable approach for meeting all of the requirements defined in the PWS. The proposal contains a deficiency or multiple significant weaknesses that present an unacceptably high risk of performance failure. Proposal is unawardable. Factor 2: Past Performance The Government will evaluate Offerors' relevant past performance managing contracts similar in size, scope, and complexity to that contemplated by the solicitation. Past performance is relevant when an Offeror has been confronted with the kinds of challenges and risks contemplated by the solicitation. For the past performance to be considered relevant, it must have been performed within the past tee (3) years. The more similar an Offeror's past performance is to the solicitation requirements, in terms of size, scope, and complexity, the more relevant it will be considered. Offerors shall submit no less than tee (3) relevant examples of past performance that relates to the services requested in the PWS. (See Past Performance Questionnaire - Attachment F) Evaluation of past performance will be based upon the completed questionnaires obtained from the references identified by the Offerors and/or the past performance information contained in the Contractor Performance Assessment Reporting Systems (CPARS). The Government can consider information about Offerors' past performance information from any source and is not restricted to information obtained from the past performance questionnaires, references, or the past performance database. Adjectival Rating for Factor 2 "Excellent" - Highly relevant past performance record involving contracts similar in size, scope, and complexity to the solicitation requirements. Performance significantly and consistently exceeds contract requirements to the customers benefit. There were no quality, cost or schedule issues identified. Risk to successful performance is very low. "Good" - Relevant to highly relevant past performance record involving contracts similar in size, scope, and complexity to the solicitation requirements. Performance meets all contractual requirements and exceeds some to the customers benefit. Any performance problems identified were minor and resolved tough the contractor's effective correction actions. Risk to successful performance is low. "Satisfactory" - Relevant or highly relevant past performance record involving contracts of similar size, scope, and complexity to the solicitation requirements. Performance meets contractual requirements, but some performance problems identified raise doubt as to whether contractor will be able to successfully perform the proposed effort. Risk to successful performance is moderate. "Unsatisfactory" - May have a relevant past performance record involving contracts similar in size, scope, and complexity to the solicitation requirements, however, performance does not meet contractual requirements and recovery is not likely in a timely or cost effective manner. The contractual performance of the element contains serious problem(s) for which the contractor's corrective actions appear or were ineffective. There is an unacceptably high risk that the contractor will not successfully perform. Proposal is unawardable. "Neutral" - In the case of an offeror without relevant past performance or for whom information on past performance is not available; the offeror may not be evaluated favorably or unfavorably. The absence of relevant present and past performance information will result in the assignment of a neutral rating. The contractor has little or no recent/relevant past performance upon which to base a meaningful performance risk prediction. Factor 3: Price The offeror shall submit their price based on the CLINs listed in the CLIN Structure in Attachment Section IV. For purpose of evaluation, the evaluated total price shall include the base period, all option periods, to include the option under FAR 52.217-8. Cost/Price will be evaluated, but will not be assigned an adjectival rating, or scored. The Government will evaluate proposed cost/prices to determine if the cost/prices are fair and reasonable, reflect a clear understanding of the requirements, and are consistent with the Offeror's technical proposal. The cost/price evaluation may also include an evaluation of the Offeror's price for the purpose of assessing the risk inherent in the Offeror's approach. Proposals may result in a determination of unacceptability or lower evaluation, if they are (1) unrealistic in terms of either technical or cost/price; (2) indicative of failure to comprehend the complexity and risk associated with the solicitation requirements; (3) reflective of a lack of competence; or (4) indicate an inherent performance or cost risk weakness in the approach. The contracting officer will evaluate prices using the policies and methods in FAR 15.4. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ SECTION II - PERFORMANCE WORK STATEMENT Secure Courier Services/Smart Safes 1. Background The Internal Revenue Service intends to purchase a combination of reliable and secure smart safes, and armored professional courier service, to deliver cash remittances up to a maximum of 100 IRS Taxpayer Assistance Centers (TACs) located toughout the United States. Services may include installation and removal of smart safes. The cash funds collected from tax payments via the smart safe must be safely transported to a designated depository. The vendor shall be able to provide secured courier service for special pickups (if applicable). The special pickups shall not be stored in the TAC overnight or over the weekend. The successful vendor shall be able to provide both services and if not, be able to partner with subcontractors or create teaming arrangements to substantially meet the business requirements of the IRS under this solicitation 2. Objectives The goal of this procurement is to establish a safe and uniform process for delivering cash from IRS TACs to a Treasury General Account (TGA) bank's cash vault. The use of secure courier services will enable the funds to be safely transferred and accounted for. Because there are centers located toughout the country, it is imperative that the vendor selected for contract award be able to cover all of the tax centers on a nationwide basis. In order to create an effective process for the transfer of these funds, the successful vendor(s) shall collectively be able to supply smart safes and secure courier services for all given locations. The vendor shall allow the IRS the flexibility to convert locations from Secure Courier to Smart Safe services and vice versus and add or remove centers at no additional cost, if needed. Deinstall fees shall not be assessed when a safe is returned. The secure courier service will pick up cash receipts and the deposit form (Form 10160 -A - See Attachment A) at the TAC by close of business. The shipments will be picked up from: (TAC Addresses - See Attachment B) Delivery will be to a TGA bank/cash vaults in sufficient time to allow for same day credit. Listing of vaults will be available to awardee. (Form 10160-A (See Attachment A) will accompany all courier pickup bags. The courier will have the Form signed and dated at the cash vault at the time of deposit. The signed and dated Form 10160 - A will be given to the IRS the next business day at the IRS location. 3. Scope IRS is seeking a vendor to provide armored professional Secure Courier and Smart Safe services for TAC locations nationwide. The Contractor shall provide all personnel, supervision, transportation (secure vehicles), and labor (armed professional guards/drivers) necessary to perform the driving, pick-up, and delivery of cash from the TAC location and to the specified TGA bank locations. Courier access will be limited within TAC premises. All deposits for pickup by the courier will be delivered by TAC personnel or courier will be escorted by TAC personnel to a designated point for transfer. 4. Contractor Responsibilities The contractor will provide: SECURE COURIER SERVICES/SMART SAFES All contracted employees of Contractor who will be providing service for Center must understand and adhere to the following language: As an independent contractor, (courier contractor name), I fully understand that much of the information that is provided to (courier contractor name) and its employees is privileged and administratively restricted under the provisions of the Privacy Act of 1974 and the Internal Revenue Code (IRC) Sections 6103, 7213 and 7431. The Privacy Act, the Safeguards, and the Criminal/Civil Sanctions paragraphs specify (courier contractor name) responsible and liable regarding disclosure of this information. At the expiration of (courier contractor name) contract with the Center, (Courier contractor name) is required to return all documents in its possession to the Center by 4:00 PM the next business day. All personnel, supervision, transportation (secure vehicles), and labor armed professional guards/drivers) necessary to perform the driving, pick-up, and delivery of cash from and to the specified locations. All personnel shall have the skills, knowledge, and training to satisfactorily perform the services required. Contractor will be responsible for training, providing uniforms, equipping, supervising, and discharging employees. Proposed route structure and estimated times of arrival for each scheduled location Proposed approach for verifying and recording deposits Names and phone numbers of personnel to be contacted for cancellations and in emergencies, as well as for information Identification procedure for Contractor's employees; a listing of all employees assigned to the requirement and their certifications for carrying firearms Disaster Contingency Plan ("Plan"). The Plan must address what alternative actions Contractor will implement to fulfill its obligation in the event of employee strikes, inclement weather, natural disaster, traffic accident and unforeseen events. The IRS POC will approve/reject the Plan within 15 calendar days of submission. If not approved, the IRS POC will notify the Contractor as to the areas of the Plan that are unacceptable. Changes and resolution shall be achieved tough mutual agreement between IRS and Contractor. Disaster Contingency Plan, to include alternative actions in cases of inclement weather, natural disaster, traffic accidents, employee strikes, or other unforeseen events Pickup of cash in a concealed and locked bag from TACs and delivery of bags to TGA banks/cash vaults. Provide secured courier service for special pickups (if applicable). The special pickups shall not be stored in the TAC overnight or over the weekend. Return of the signed Form 10160 - A to the IRS the next business day. Services may include installation and removal of smart safes. The Contracting Officer Representative is authorized to request a temporary deviation from service via email without a modification to the agreement and will notify the Contractor when service is to resume via email. Contractor shall allow the IRS the flexibility to convert locations from Secure Courier to Smart Safe services and vice versus and add or remove centers as needed without additional cost. Deinstall fees shall not be assessed when a safe is returned. Contractor shall allow the IRS the flexibility to change the frequency See Attachment B) of pick-ups as needed without additional costs. The Contractor shall not initiate overtime fees. For the purpose of this contract, Premise Time shall begin at the time the courier enters the TAC and ends when the courier leaves the TAC. The Courier will notate both events on the Courier log located in the TAC. This charge shall not exceed $3.00 per pickup. The vendor shall furnish the courier log for each TAC. The IRS shall have the flexibility to allow other Business Units within the Agency to utilize the armored professional courier service for cash pickup deposits as needed up to five (5) times a year. The Courier Services must provide proof of bonding, licensing, and insurance for employees designated to transport Internal Revenue Service deposits and/or requiring access to Internal Revenue Service sites. Satisfy the requirements for a Low Risk Investigation conducted by IRS personnel. The investigation shall include, but not limited to, a FBI fingerprint and name check, as defined 10.23.2. A copy of this IRM is available upon request. Must be a U.S. citizen or have lawful permanent resident status, and (ii) fluent in the English language. Have the necessary certification for carrying firearms toughout the period of performance. (Certifications to carry firearms for all designated couriers shall be provided to the IRS Point Of Contact (POC) within five (5) days of receipt of award.) Have the necessary certification for guard licenses toughout the period of performance. (Certifications for all designated couriers shall be provided to the IRS POC within five (5) days of receipt of award.) If immediate family members are employed as Couriers for the same Service, these employees must complete the Courier's Additional Disclosure Statement (CADS) [See Attachment C for sample] Ensure CADS be completed by each courier employee on Courier Deposit Access List (CDAL) [See Attachment D]. CADS shall include: o Name(s) and relationship(s) of all family members (regardless of residence) who perform courier duties. If no other family members perform courier duties, write "NONE" in large letters in the space where family member's name(s) are to be shown on the CDAL. The Government has broad authority to interpret the scope of "immediate family" in this context. Generally, immediate family members' refer to parent, spouse, child, step-child, foster child, step parent, half siblings, siblings, and foster parent. However, when couriers who are related, the definition of "immediate family" may be broadened and prohibitions extended to include others (e.g., grandchildren, sons-in-law, daughters-in-law, first cousins, and other second generation family members). o Printed or typed name of the Courier. o Signature of the Courier. o Signature and date of Contractor's authoring official. o CADS shall be updated annually from date of receipt of contract or when a change of status occurs. Develop a Quality Assurance Plan Provide IRS POC and Center with the CDAL. (Updated CADS shall be attached to CDAL.) CDAL shall be on Contractor's official letterhead signed and dated showing the following information of Couriers designated to transport Internal Revenue Service deposits: a) Employee's Typed Name b) Employee's Title c) Employee's Signature d) Employee's Social Security Number e) Employee's Photograph (in color) Ensure the CDAL and the CADS are current by notifying the IRS POC within 24 hours, by email: a) When a Courier who appears on the CDAL has been discharged from his/her duties. b) When a new Courier has been hired to provide the Services specified herein with the same information as required for the CDAL. c) When a Courier has experienced a change that will affect their relationship status. (The CADS must also be updated. Provide each Courier with a printed and laminated identification card containing the following information that is consistent with the CDAL information provided to the agency a) Employee's Typed Name b) Employee's Title c) Employee's Signature d) Employee's Photograph e) Company Name Ensure that all Couriers display (on their person) a picture identification card that clearly identifies them as authorized messengers for Contractor Wear company logo uniforms Provide IRS POC and Center with: a) Two (2) contacts (a primary and alternate) with all forms of contact information. Contacts must be reachable within all domestic time zones. b) 24-hour emergency contact information (name, telephone#, mobile #) available during Contractor's non-business hours. c) Contractor must notify the IRS POC within 24 hours of any change in contact persons and/or telephone numbers Ensure on a continuous basis that: a) Two Couriers who appear on the CDAL are provided for each deposit pickup from the Center and delivery to the Depository. b) Designated Couriers are not related by checking their names against the CADS. c) The vehicle being used to transport deposits always be locked and secured whenever IRS data is contained within the vehicle until it reaches its destination. All IRS deposits must be transported within the locked area of a vehicle (such as the cab or trunk). "Locked area" does NOT include any container of any sort in the bed (back) portion of a pickup truck or any open bedded vehicle (with or without a camper shell) whether or not such shell or container is locked or otherwise secured. d) The vehicle always be under the supervision of one of the Couriers and never left unattended. Ensure that vehicles provided for the purposes of satisfying the conditions specified herein meet the following requirements: a) The vehicles are armored, maintained in good condition, appearance and working order. b) The vehicles must be state-registered and meet the minimum safety standards of the licensing state. c) The vehicles must be steel framed and doors must be able to be secured from both inside and outside. d) The area of the vehicle in which the agency packages and/or containers are placed is clean, debris-free and without containers, materials such as canvas or plastic used to cover or protect articles, or other items. Procure and maintain during the entire period of performance under this Contact to cover the costs to reconstruct a lost, stolen or destroyed deposit, the following required insurance coverage payable to the Internal Revenue Service: a) Comprehensive General Liability: $500,000 per occurrence b) Automobile Liability with the following amounts: $200,000 per person $500,000 per occurrence $20,000 per occurrence for Property damage c) Workmen's Compensation: As required by Federal and State worker's compensation and occupational disease statutes. d) Employer's Liability coverage: $100,000, except in states where worker's compensation may not be written by private carriers. e) Other as required by State Law. The Certificate of Insurance shall provide for at least thirty days written notice to the IRS CO by the insurance company prior to cancellation or material change in policy coverage. Other requirements and information are contained in the aforementioned insurance clause. Provide to the IRS POC a Disaster Contingency Plan ("Plan"). The Plan must address what alternative actions the Contractor will implement to fulfill its obligation in the event of employee strikes, inclement weather, natural disaster, traffic accident and unforeseen events. The IRS POC will approve/reject the Plan within 15 calendar days of submission. If not approved, the IRS POC will notify the Contractor as to the areas of the Plan that are unacceptable. Changes and resolution shall be achieved tough mutual agreement between IRS and Contractor. Provide professional customer service (i.e. being able to address concerns, issues, and other administrative functions in a timely and professional manner). "Timely" for purposes of this contract means no later than close of next business day.) The IRS Point of Contact shall be able to contact the Contractor at any time, when contract work is in progress, to provide notices, reports, or requests from the Contracting Officer or his/her representative Ensure the work be carried out in such a manner that there will be no interference with the proper execution of Government business. All persons employed in contract work shall, while on the premises, comply with all building regulations. 5. Deliverables and Due Dates Deliverables include: Provide proof of bonding, licensing, and insurance prior to beginning work. Provide CADS if applicable prior to beginning work. Quality Assurance Plan is to be provided five (5) days after the kick-off meeting. Usage Reports: The Contractor shall provide to the COR or make available monthly usage reports on the 30th of each month. These reports must be in Microsoft Word or "pdf" format and must include an itemized listing of each daily occurrence. The report must also include: A) the number of transactions completed since the last report. The first report will only identify the number of transactions since the machine's inception. B) The number of transactions initiated but not completed. The report must identify the reason for the machine's failure to complete these transactions. For example, the machine failed to complete five transactions due to a) power failure, b) transaction cancelled by user, and/or c) lack of: money, or receipt paper. C) The number of transactions completed to date. 6. Place of Performance Pickup and delivery will occur in accordance with the attachment B. The IRS will provide the courier with a list of authorized personnel (see Attachment B) to call if a pickup must be rescheduled. 7. Period of Performance The period of performance will consist of one Base Year and four (4) Option Years (see below). YEAR PERIOD OF PERFORMANCE Base Year September 1, 2019 tough August 31, 2020 Option Year I September 1, 2020 tough August 31, 2021 Option Year II September 1, 2021 tough August 31, 2022 Option Year III September 1, 2022 tough August 31, 2023 Option Year IV September 1, 2023 tough August 31, 2024 8. Federal Holidays Unless specifically authorized in writing by the Contracting Officer, no services will be provided, and no charges will be incurred and/or billed to any order on this contract on any of the Federal Holidays or Executive Order (mandated by Congress or the President of the United States) listed below. New Year's Day Labor Day Martin Luther King Day Columbus Day Presidents' Day Veterans' Day Memorial Day Thanksgiving Day Independence Day Cistmas Day 9. Signature Requirement Each TAC will maintain and have the courier sign a log indicating the date, time in, time out and the dollar amount of the deposit(s) to indicate receipt of the deposit pickup. If there is no deposit the courier shall still be required to sign in and sign out. The vendor shall furnish the courier log for each TAC. The IRS will provide the courier with a list of authorized personnel to call if pickup must be rescheduled. (To be provided upon Award) The contractor shall ensure the Form 10160-A is signed by the bank vault attendant and shall report to the IRS any banks that do not comply with this requirement. 10. Lateness and No Show Contractor shall notify the Center and Bank when a pick-up or delivery will be late due to unforeseen events, such as vehicle breakdown, accident or traffic. The notification must state the cause of delay and delivery status. 11. Accident/Theft/Destruction Courier(s) must notify the Center within one (1) hour of an accident or the theft, loss, or destruction of government property being transported. To ensure this notification can be made promptly, courier vehicles shall contain appropriate Center contact names/phone numbers. 12. Smart Safe Specification A free-standing unit, secured to the floor, which could be installed in government secure space and would automate the cash-handling process while providing secure out of reach storage. The basic aspects of functionality determined to be essential in order for the safe to meet our business needs include: Acceptance of paper money and coins Advance credit from Bank of all money and coins Provides a receipt for the transaction Handicap accessible; ADA compliant Uninterruptible power supply which would allow a transaction to be completed in the event of a power outage Cellular communication with vendor Bulk Note Feeder that will take more than 30 notes at a time and hold more than 2400 bills. The most required and significant function of the smart safe is its ability to allow TAC employees to deposit their receipts into the safe and receive immediate authentication and verification of cash. The only acceptable method of communication to connect to the bank is Cellular which will avoid any telecommunication issues. 13. Support Services Needed are installation, configuration of equipment (if necessary), testing, minimal training and maintenance support. The safe must not have any additional capability than what is identified herein and therefore is considered a stand-alone machine. The Contractor must warrant that all hardware and output device manipulation, installation, configuration, testing and maintenance under this acquisition are at the highest level of operation in accordance with the original equipment manufacturer (OEM) and the original software manufacturer (OSM) specifications. The contractor must (1) manage the currency in the safe including tracking, removing, and auditing procedures, (2) add paper (receipt) as needed, (3) maintain and service the safe unit including any associated technical problems. The safe will not dispense currency to users. The entry access point to the secure currency acceptor must be accessible by an authorized representative of the contractor only. IRS employees do not manage any aspect of the smart safe cash. The contractor shall ensure that all installations and maintenance of the safes are completed with minimum disruptions and delays. The contractor shall resolve system malfunctions within 1 business day. 14. Contractor Performance Requirements The Contractor shall report to the Government's designated representative upon arrival at any location where installation and/or maintenance work is to be performed. The Contractor must perform all on-site work in the presence of a designated on-site IRS liaison. 15. Machine Preventive Maintenance The Contractor shall perform preventive maintenance (PM) on equipment and software covered under this award based on the frequency and duration identified in the equipment's OEM standards. The contractor shall provide upgrades to equipment and/or software as needed as routine maintenance. 16. Smart Safe Training The contractor shall provide, at a minimum: training on how to operate the machine perform very basic, rudimentary maintenance trouble-shooting repairs (such as correcting paper jams) to approximately 6 IRS personnel, if applicable. IRS anticipates that this training session will last approximately 30 minutes. This training will be provided by the contractor's personnel who deliver the safe to the respective location and at no additional cost. 17. Technical Support The safes must be operational during core working hours which are from 7:30 am to 5:30 pm in the region where the machine is located Monday tough Friday, excluding Federal Holidays. All services provided under this acquisition shall be performed by experienced and qualified personnel who can complete the specified work with minimum delays and interference to Government operations. The Contractor shall provide the Government with technical support to analyze and resolve safe problems. Technical support will come in the form of telephone assistance and direct personal assistance. Trouble Tickets must be maintained for each technical support occurrence. 18. Telephone Technical Support The Contractor shall provide a single toll-free number as a central contact point for obtaining assistance in solving safe problems. The IRS representative will report all identified safe problems to the contractor via this number. 19. Direct Physical Technical Support Where telephone technical support is insufficient to resolve the problem, the contractor shall dispatch a technician to the location of the safe to physically fix the machine's problem. The safe must be operational during core working hours which are from 7:30 am to 5:30 pm in the region where the safe is located Monday tough Friday, excluding Federal Holidays, 20. Performance Requirements Matrix The Government will measure Contractor's performance under this contract using the "Performance Requirements Matrix below. The contractor's requirements are summarized into Performance Objectives that relate directly to mission essential items. The Performance Standards (PS) indicates the ultimate desired outcome for each performance objective. The Acceptable Quality Level (AQL) indicates the maximum allowable variance from the performance standard before the Government imposes a penalty (see below herein, "Performance Requirements Matrix). The Government will use the "Surveillance Method" shown below to determine if contractor has met the Performance Standard. REQUIRED SERVICE (Performance Requirements) STANDARD (Performance Standards) MAXIMUM ALLOWABLE DEGREEE OF DEVIATION REQUIREMENT (AQL) METHOD OF SURVEILLANCE (Quality Assurance) PERCENTAGE REDUCTION IF EXCEED AQL Daily pick up at TAC No show 0 - No deviation allowable TAC Monitoring 100% of Average Daily Rate (Average Daily rate will be calculated based on the monthly rate divided by 21 days) Deliver deposit and Form 10160-A to bank vault Same day delivery of deposit and documenting Form 10160 0 - No deviation allowable Daily review of returned Form 10160-A 50% of Average Daily Rate (Average Daily rate will be calculated based on the monthly rate divided by 21 days) Have Form 10160-A signed, dated and time noted by vault attendant at time of delivery Completed Form 0 - No deviation allowable Daily review of returned Form 10160-A 50% of Average Daily Rate (Average Daily rate will be calculated based on the monthly rate divided by 21 days) Return Form 10160-A to IRS Next business day 0 - No deviation allowable IRS Records 50% of Average Daily Rate (Average Daily rate will be calculated based on the monthly rate divided by 21 days) Special Pick-Ups No show 0 - No deviation allowable IRS Records 50% of Special Pick-Up Rate 21. Quality Assurance Plan Contractor receiving award under this RFP shall establish and deliver electronically a Quality Assurance Plan (QAP) to the COR and Contracting Officer no later than two (2) weeks after contract award. Contractor's QAP shall be a written plan that ensures the Smart Safes service will be provided to the IRS as specified and set forth procedures and responsibilities for controlling, maintaining and providing high quality work to the IRS. This plan shall include, but, not limited to the following: 1) An Inspection Program covering all of the services stated in this PWS. It must specify the areas to be inspected on a scheduled or unscheduled basis and the names, titles and qualifications of the individuals performing inspections and the extent of their authority. Their functional roles shall be depicted in an organizational chart. 2) Methods of identifying deficiencies in the quality of services performed before the level of performance becomes unacceptable and the corrective actions needed to be taken; procedures for notifying the COR when deficiencies are encountered; and descriptions of proposed sampling techniques. 3) Methods of documenting and enforcing quality control operations of both the Contractor's and Subcontractors' (if any) work, including inspection and testing; 4) Copy of format of Contractor's Quality Control Reports; and 5) File of all Quality Control Inspections, inspection results and any corrective action required and/or performed during the life of this contract. This file shall become the property of the IRS and shall be made available to the COR and CO upon request. The file shall be provided to both parties within ten (10) days after completion or termination of the contract. The COR will accept/reject Contractor's submitted (QAP) after review. Contractor may be required to make revisions. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ SECTION III - CONTRACT TERMS AND CONDITIONS Clauses Incorporated by Referenced: 52.202-1 Definitions. (NOV 2013) 52.203-3 Gratuities (APR 1984) 52.203-5 Covenant Against Contingent Fees. (MAY 2014) 52.203-6 Restrictions on Subcontractor Sales to the Government (SEPT 2006) 52.203-7 Anti-Kickback Procedures. (MAY 2014) 52.203-12 Limitation on Payments to Influence Certain Federal Transactions. (OCT 2010) 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights. (APR 2014) 52.204-7 System for Award Management. (OCT 2018) 52.204-9 Personal Identity Verification of Contractor Personnel Rights. (JAN 2011) 52.204-13 System for Award Management Maintenance. (OCT 2018) 52.204-19 Incorporation by Reference of Representations and Certifications. (DEC 2014) 52.212-1 Instructions to Offerors - Commercial Items. (OCT 2018) 52.212-4 Contract Terms and Conditions - Commercial Items. (OCT 2018) 52.219-1 Small Business Program Representations (OCT 2014) 52.219-8 Utilization of Small Business Concerns (OCT 2018) 52.219-9 Small Business Subcontracting Plan - Alternate I (NOV 2016) 52.223-10 Waste Reduction Program. (MAY 2011) 52.224-2 Privacy Act. (APR 1984) 52.228-5 Insurance-Work on a Government Installation (JAN 1997) 52.232-1 Payments. (APR 1984) 52.232-18 Availability of Funds. (APR 1984) 52.232-25 Prompt Payment. (JAN 2017) 52.232-39 Unenforceability of Unauthorized Obligations. (JUN 2013) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors. (DEC 2013) 52.233-1 Disputes. (MAY 2014) 52.233-2 Service of Protest. (SEPT 2006) 52.233-3 Protest after Award. (AUG 1996) 52.243-1 Changes-Fixed Price- Alternate (AUG 1987) 52.244-6 Subcontracts for Commercial Items. (JAN 2019) Clauses Incorporated by Full Text: 52.203-2 Certificate of Independent Price Determination (APR 1985) (a) The offeror certifies that- (1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to- (i) Those prices; (ii) The intention to submit an offer; or (iii) The methods or factors used to calculate the prices offered. (2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and (3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition. (b) Each signature on the offer is considered to be a certification by the signatory that the signatory- (1) Is the person in the offeror's organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) tough (a)(3) of this provision; or (2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) tough (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror's organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror's organization]; (ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) tough (a)(3) of this provision; and (iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) tough (a)(3) of this provision. (c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure. (End of Provision) 52.209-2 Prohibition on Contracting With Inverted Domestic Corporations-Representation. (NOV 2015) (a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10). (b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (c) Representation. The Offeror represents that- (1) It is, is not an inverted domestic corporation; and (2) It is, is not a subsidiary of an inverted domestic corporation. (End of provision) 52.209-5 Certification Regarding Responsibility Matters (OCT 2015) (a) (1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have have not, within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); (C) Are are not presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; (D) Have, have not, within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (ii) The Offeror has has not , within a tee-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. (2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions). This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code. (b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. (c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror's responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible. (d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. (e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of Provision) 52.209-10 Prohibition on Contracting With Inverted Domestic Corporations. (NOV 2015) (a) Definitions. As used in this clause- Inverted domestic corporation means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). Subsidiary means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Tough another subsidiary of a parent corporation. (b) If the contractor reorganizes as an inverted domestic corporation or becomes a subsidiary of an inverted domestic corporation at any time during the period of performance of this contract, the Government may be prohibited from paying for Contractor activities performed after the date when it becomes an inverted domestic corporation or subsidiary. The Government may seek any available remedies in the event the Contractor fails to perform in accordance with the terms and conditions of the contract as a result of Government action under this clause. (c) Exceptions to this prohibition are located at 9.108-2. (d) In the event the Contractor becomes either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation during contract performance, the Contractor shall give written notice to the Contracting Officer within five business days from the date of the inversion event. (End of clause) 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (Feb 2016) (a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that- (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (b) The Offeror represents that- (1) It is is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is ___ is not ___ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision) 52.212-2 Evaluation - Commercial Items. (OCT 2014) 1. (a)The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Factor 1: Technical approach Subfactors: a) Ability to meet tasks outlined in the PWS; b) Geographical area(s) covered/number of serviceable locations; c) Ability to provide smart safes with coin acceptor that will provide for a "next day credit" for deposits; d) For locations without smart safes, the ability to pick-up cash deposits from the TACs before close of business day and to comply with same day deposit requirement; e) Security of services provided; f) Proper bonding/licensing/insurance; g) Experience Factor 2: Past Performance Factor 3: Price Technical and past performance, when combined, are significantly more important than cost or price. 2. (b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). 3. (c)A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer's specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. (End of clause) 52.212-3 Offeror Representations and Certifications-Commercial Items. (OCT 2018) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed tough https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) tough (u)) of this provision. (a) Definitions. As used in this provision-- "Economically disadvantaged women-owned small business (EDWOSB) concern" means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127. It automatically qualifies as a women-owned small business eligible under the WOSB Program. "Forced or indentured child labor" means all work or service- (6) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (7) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. "Highest-level owner" means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner. "Immediate owner" means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees. "Inverted domestic corporation," means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c). "Manufactured end product" means any end product in product and service codes (PSCs) 1000-9999, except- (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. "Place of manufacture" means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture. "Predecessor" means an entity that is replaced by a successor and includes any predecessors of the predecessor. "Restricted business operations" means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate- (1) Are conducted under contract directly and exclusively with the regional government of southern Sudan; (2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization; (3) Consist of providing goods or services to marginalized populations of Sudan; (4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization; (5) Consist of providing goods or services that are used only to promote health or education; or (6) Have been voluntarily suspended. Sensitive technology- (1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically- (i) To restrict the free flow of unbiased information in Iran; or (ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and (2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)). "Service-disabled veteran-owned small business concern"- (1) Means a small business concern- (i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and (ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. (2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16). "Small business concern" means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR Part 121 and size standards in this solicitation. "Small disadvantaged business concern, consistent with 13 CFR 124.1002," means a small business concern under the size standard applicable to the acquisition, that-- (1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by-- (i) One or more socially disadvantaged (as defined at 13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and (ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and (2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition. "Subsidiary" means an entity in which more than 50 percent of the entity is owned- (1) Directly by a parent corporation; or (2) Tough another subsidiary of a parent corporation. "Successor" means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often tough acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances. "Veteran-owned small business concern" means a small business concern- (1) Not less than 51 percent of which is owned by one or more veterans(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and (2) The management and daily business operations of which are controlled by one or more veterans. "Women-owned business concern" means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of the its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women. "Women-owned small business concern" means a small business concern -- (1) That is at least 51 percent owned by one or more women or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and (2) Whose management and daily business operations are controlled by one or more women. "Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127)," means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States. (b) (1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications in SAM. (2) The offeror has completed the annual representations and certifications electronically in SAM accessed tough http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications--Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __. [Offeror to identify the applicable paragraphs at (c) tough (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.] (c) Offerors must complete the following representations when the resulting contract is to be performed in the United States or its outlying areas. Check all that apply. (1) Small business concern. The offeror represents as part of its offer that it [_] is, [_] is not a small business concern. (2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a veteran-owned small business concern. (3) Service-disabled veteran-owned small business concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [_] is, [_] is not a service-disabled veteran-owned small business concern. (4) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not, a small disadvantaged business concern as defined in 13 CFR 124.1002. (5) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, [_] is not a women-owned small business concern. Note: Complete paragraphs (c)(8) and (c)(9) only if this solicitation is expected to exceed the simplified acquisition teshold. (6) WOSB concern eligible under the WOSB Program. [Complete only if the offeror represented itself as a women-owned small business concern in paragraph (c)(5) of this provision.] The offeror represents that- (i) It [_] is, [_] is not a WOSB concern eligible under the WOSB Program, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(6)(i) of this provision is accurate for each WOSB concern eligible under the WOSB Program participating in the joint venture. [The offeror shall enter the name or names of the WOSB concern eligible under the WOSB Program and other small businesses that are participating in the joint venture: _________.] Each WOSB concern eligible under the WOSB Program participating in the joint venture shall submit a separate signed copy of the WOSB representation. (7) Economically disadvantaged women-owned small business (EDWOSB) concern. [Complete only if the offeror represented itself as a WOSB concern eligible under the WOSB Program in (c)(6) of this provision.] The offeror represents that- (i) It [_] is, [_] is not an EDWOSB concern, has provided all the required documents to the WOSB Repository, and no change in circumstances or adverse decisions have been issued that affects its eligibility; and (ii) It [_] is, [_] is not a joint venture that complies with the requirements of 13 CFR part 127, and the representation in paragraph (c)(7)(i) of this provision is accurate for each EDWOSB concern participating in the joint venture. [The offeror shall enter the name or names of the EDWOSB concern and other small businesses that are participating in the joint venture: _____________.] Each EDWOSB concern participating in the joint venture shall submit a separate signed copy of the EDWOSB representation. (8) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it [_] is, a women-owned business concern. (9) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business offerors may identify the labor surplus areas in which costs to be incurred on account of manufacturing or production (by offeror or first-tier subcontractors) amount to more than 50 percent of the contract price: ___________________________________________ (10) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, as part of its offer, that-- (i) It [_] is, [_] is not a HUBZone small business concern listed, on the date of this representation, on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration, and no material changes in ownership and control, principal office, or HUBZone employee percentage have occurred since it was certified in accordance with 13 CFR part 126; and (ii) It [_] is, [_] is not a HUBZone joint venture that complies with the requirements of 13 CFR part 126, and the representation in paragraph (c)(10)(i) of this provision is accurate for each HUBZone small business concern participating in the HUBZone joint venture. [The offeror shall enter the names of each of the HUBZone small business concerns participating in the HUBZone joint venture: __________.] Each HUBZone small business concern participating in the HUBZone joint venture shall submit a separate signed copy of the HUBZone representation. (d) Representations required to implement provisions of Executive Order 11246 -- (1) Previous contracts and compliance. The offeror represents that -- (i) It [_] has, [_] has not, participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It [_] has, [_] has not, filed all required compliance reports. (2) Affirmative Action Compliance. The offeror represents that -- (i) It [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $150,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made. (f) Buy American Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy American - Supplies, is included in this solicitation.) (1) The offeror certifies that each end product, except those listed in paragraph (f)(2) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." The terms "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," and "United States" are defined in the clause of this solicitation entitled "Buy American-Supplies." (2) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (g) (1) Buy American -- Free Trade Agreements -- Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American -- Free Trade Agreements -- Israeli Trade Act, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms "Baainian, Moroccan, Omani, Panamanian, or Peruvian end product," "commercially available off-the-shelf (COTS) item," "component," "domestic end product," "end product," "foreign end product," "Free Trade Agreement country," "Free Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act." (ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Baainian, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iii) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) or this provision) as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act." The offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of "domestic end product." Other Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN [List as necessary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. (2) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Canadian End Products: Line Item No.: ___________________________________________ [List as necessary] (3) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Canadian end products or Israeli end products as defined in the clause of this solicitation entitled "Buy American--Free Trade Agreements--Israeli Trade Act'': Canadian or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (4) Buy American-Free Trade Agreements-Israeli Trade Act Certificate, Alternate III. If Alternate III to the clause at 52.225-3 is included in this solicitation, substitute the following paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision: (g)(1)(ii) The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled "Buy American-Free Trade Agreements-Israeli Trade Act": Free Trade Agreement Country End Products (Other than Baainian, Korean, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products: Line Item No.: Country of Origin: [List as necessary] (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product as defined in the clause of this solicitation entitled "Trade Agreements." (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products Line Item No.: Country of Origin: [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.-made or designated country end products without regard to the restrictions of the Buy American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) Certification Regarding Responsibility Matters (Executive Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisition teshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals-- (1) [_] Are, [_] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) [_] Have, [_] have not, within a tee-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property; and (3) [_] Are, [_] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and (4) [_] Have, [_] have not, within a tee-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appear rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals Contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting Officer must list in paragraph (i)(1) any end products being acquired under this solicitation that are included in the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).] (1) Listed End Product Listed End Product: Listed Countries of Origin: (2) Certification. [If the Contracting Officer has identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [_] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. [_] (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The offeror certifies that is has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror certifies that it is not aware of any such use of child labor. (j) Place of manufacture. (Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly- (1) [_] In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or (2) [_] Outside the United States. (k) Certificates regarding exemptions from the application of the Service Contract Labor Standards. (Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] (1) [_] Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror [_] does [_] does not certify that- (i) The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations; (ii) The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and (iii) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers. (2) [_] Certain services as described in FAR 22.1003-4(d)(1). The offeror [_] does [_] does not certify that- (i) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations; (ii) The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii)); (iii) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and (iv) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers. (3) If paragraph (k)(1) or (k)(2) of this clause applies- (i) If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Labor Standards wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and (ii) The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause. (l) Taxpayer identification number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to the SAM database to be eligible for award.) (1) All offerors must submit the information required in paragraphs (l)(3) tough (l)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the Internal Revenue Service (IRS). (2) The TIN may be used by the government to collect and report on any delinquent amounts arising out of the offeror's relationship with the Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be matched with IRS records to verify the accuracy of the offeror's TIN. (3) Taxpayer Identification Number (TIN). [_] TIN:_____________________. [_] TIN has been applied for. [_] TIN is not required because: [_] Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; [_] Offeror is an agency or instrumentality of a foreign government; [_] Offeror is an agency or instrumentality of the Federal Government; (4) Type of organization. [_] Sole proprietorship; [_] Partnership; [_] Corporate entity (not tax-exempt); [_] Corporate entity (tax-exempt); [_] Government entity (Federal, State, or local); [_] Foreign government; [_] International organization per 26 CFR 1.6049-4; [_] Other ____________________. (5) Common parent. [_] Offeror is not owned or controlled by a common parent: [_] Name and TIN of common parent: Name ____________________________________ TIN ______________________________________ (m) Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan. (n) Prohibition on Contracting with Inverted Domestic Corporations- (1) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4. (2) Representation. The offeror represents that- (i) It [ ] is, [ ] is not an inverted domestic corporation; and (ii) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation. (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror- (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,500 with Iran's Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50(U.S.C. 1701 et seq.) (see OFAC's Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if- (i) This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a unique entity identifier in the solicitation. (1) The Offeror represents that it [ ] has or [ ] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code:_____________________________________________ Immediate owner legal name:______________________________________________ (Do not use a "doing business as" name) Is the immediate owner owned or controlled by another entity: [ ] Yes or [ ] No. (3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest level owner CAGE code:_____________________________________________ Highest level owner legal name:______________________________________________ (Do not use a "doing business as" name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by section 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless and agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that-- (i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (r) Predecessor of Offeror. (Applies in all solicitations that include the provision at 52.204-16, Commercial and Government Entity Code Reporting.) (1) The Offeror represents that it [ ] is or [ ] is not a successor to a predecessor that held a Federal contract or grant within the last tee years. (2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last tee years (if more than one predecessor, list in reverse conological order): Predecessor CAGE code ______(or mark "Unknown). Predecessor legal name: _________________________. (Do not use a "doing business as" name). (s) Reserved. (t) Public Disclosure of Greenhouse Gas Emissions and Reduction Goals. Applies in all solicitations that require offerors to register in SAM (52.212-1(k)). (1) This representation shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representation is optional if the Offeror received less than $7.5 million in Federal contract awards in the prior Federal fiscal year. (2) Representation. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)]. (i) The Offeror (itself or tough its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible Web site the results of a greenhouse gas inventory, performed in accordance with an accounting standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard. (ii) The Offeror (itself or tough its immediate owner or highest-level owner) [ ] does, [ ] does not publicly disclose a quantitative greenhouse gas emissions reduction goal, i.e., make available on a publicly accessible Web site a target to reduce absolute emissions or emissions intensity by a specific quantity or percentage. (iii) A publicly accessible Web site includes the Offeror's own Web site or a recognized, third-party greenhouse gas emissions reporting program. (3) If the Offeror checked ``does'' in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respectively, the Offeror shall provide the publicly accessible Web site(s) where greenhouse gas emissions and/or reduction goals are reported:_____. (u) (1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions), Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with an entity that requires employees or subcontractors of such entity seeking to report waste, fraud, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information. (2) The prohibition in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified Information Nondisclosure Agreement), Form 4414 (Sensitive Compartmented Information Nondisclosure Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified information. (3) Representation. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting waste, fraud, or abuse related to the performance of a Government contract to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information (e.g., agency Office of the Inspector General). (End of Provision) 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders-Commercial Items (May 2019) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (3) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (4) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). (5) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] X (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402). X (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)). __ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2018) (Pub. L. 109-282) (31 U.S.C. 6101 note). __ (5) [Reserved]. X (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note). X (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) (41 U.S.C. 2313). __ (10) [Reserved]. __ (11) __ (i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a). __ (ii) Alternate I (Nov 2011) of 52.219-3. __ (12) __ (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a). __ (ii) Alternate I (Jan 2011) of 52.219-4. __ (13) [Reserved] __ (14) __ (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644). __ (ii) Alternate I (Nov 2011). __ (iii) Alternate II (Nov 2011). __ (15) __ (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644). __ (ii) Alternate I (Oct 1995) of 52.219-7. __ (iii) Alternate II (Mar 2004) of 52.219-7. __ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)). __ (17) __ (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) __ (ii) Alternate I (Jan 2017) of 52.219-9. __ (iii) Alternate II (Nov 2016) of 52.219-9. __ (iv) Alternate III (Nov 2016) of 52.219-9. __ (v) Alternate IV (Aug 2018) of 52.219-9 __ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)). __ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C. 637(a)(14)). __ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)). __ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f). __ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15 U.S.C. 632(a)(2)). __ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)). __ (24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)). X (25) 52.222-3, Convict Labor (June 2003) (E.O.11755). X (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2018) (E.O.13126). X (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X (28) __ (i) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). __ (ii) Alternate I (Feb 1999) of 52.222-26. __ (29) X (i) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). __ (ii) Alternate I (July 2014) of 52.222-35. __ (30) X (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). __ (ii) Alternate I (July 2014) of 52.222-36. X (31) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212). __ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). __ (33) X (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O. 13627). __ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). __ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) __ (35) __ (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun2016) (E.O. 13693). __ (38) __ (i) 52.223-13, Acquisition of EPEAT-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Oct 2015) of 52.223-13. __ (39) __ (i) 52.223-14, Acquisition of EPEAT-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-14. __ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b). __ (41) __ (i) 52.223-16, Acquisition of EPEAT-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __ (ii) Alternate I (Jun 2014) of 52.223-16. X (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513). __ (43) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __ (44) 52.223-21, Foams (Jun 2016) (E.O. 13693). __ (45) __ (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __ (ii) Alternate I (Jan 2017) of 52.224-3. __ (46) 52.225-1, Buy American-Supplies (May 2014) (41 U.S.C. chapter 83). __ (47) __ (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __ (ii) Alternate I (May 2014) of 52.225-3. __ (iii) Alternate II (May 2014) of 52.225-3. __ (iv) Alternate III (May 2014) of 52.225-3. __ (48) 52.225-5, Trade Agreements (Aug 2018) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). __ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.'s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __ (50) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). __ (51) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150). __ (52) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150). __ (53) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). __ (54) 52.232-30, Installment Payments for Commercial Items (Jan 2017) (41 U.S.C. 4505, 10 U.S.C. 2307(f)). X (55) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) (31 U.S.C. 3332). __ (56) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) (31 U.S.C. 3332). __ (57) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332). __ (58) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a). __ (59) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) (15 U.S.C. 637(d)(13)). __ (60) __ (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). __ (ii) Alternate I (Apr 2003) of 52.247-64. __ (iii) Alternate II (Feb 2006) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: [Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495). __ (2) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). __ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). X (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67). __ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). __ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). __ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). __ (9) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). __ (10) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition teshold, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509). (ii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iii) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). (iv) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $700,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (v) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17. (vi) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (vii) 52.222-26, Equal Opportunity (Sept 2015) (E.O.11246). (viii) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212). (ix) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C. 793). (x) 52.222-37, Employment Reports on Veterans (Feb 2016) (38 U.S.C. 4212) (xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xii) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xiii) (A) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50(22 U.S.C. chapter 78 and E.O 13627). (xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xvi) 52.222-54, Employment Eligibility Verification (Oct 2015) (E.O. 12989). (xvii) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2015). (xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2017) (E.O. 13706). (xix) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xx) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note). (xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx.1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations. (End of Clause) 52.216-1 Type Of Contract (APR 1984) The Government contemplates a Firm-Fixed Price Contract. [End of clause] 52.217-5 Evaluation of Options (July 1990) Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s). (End of Provision) 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days. (End of Clause) 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 10 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five years and six months. (End of Clause) 52.228-9 Cargo Insurance (May 1999) 1. (a) The Contractor, at the Contractor's expense, shall provide and maintain, during the continuance of this contract, cargo insurance of tiny_mce_marker_____ per vehicle to cover the value of property on each vehicle and of tiny_mce_marker______ to cover the total value of the property in the shipment. 2. (b) All insurance shall be written on companies acceptable to Internal Revenue Service, and policies shall include such terms and conditions as required by Internal Revenue Service. The Contractor shall provide evidence of acceptable cargo insurance to Internal Revenue Service before commencing operations under this contract. 3. (c) Each cargo insurance policy shall include the following statement: "It is a condition of this policy that the Company shall furnish- (1) Written notice to Internal Revenue Service, 30 days in advance of the effective date of any reduction in, or cancellation of, this policy; and (2) Evidence of any renewal policy to the address specified in paragraph (1) of this statement, not less than 15 days prior to the expiration of any current policy on file with Internal Revenue Service." (End of clause) 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address (es): www.acquisition.gov. 52.252-2 Clauses Incorporated by Reference. (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov. (End of clause) IR1052.204-9000 SUBMISSION OF SECURITY FORMS AND RELATED MATERIALS (DEC 2018) The Treasury Security Manual (TD P 15-71) sets forth investigative requirements for contractors and subcontractors who require staff-like access, wherever the location, to (1) IRS-owned or controlled facilities (unescorted); (2) IRS information systems (internal or external systems that store, collect, and/or process IRS information); and/or (3) IRS sensitive but unclassified (SBU) information. "Staff-Like Access" is defined as authority granted to perform one or more of the following: Enter IRS facilities or space (owned or leased) unescorted (when properly badged); Possess login credentials to information systems (internal or external systems that store, collect, and/or process IRS information); Possess physical and/or logical access to (including the opportunity to see, read, transcribe, and/or interpret) SBU data; (See IRM 10.5.1 for examples of SBU data); Possess physical access to (including the opportunity to see, read, transcribe, and/or interpret) security items and products (e.g., items that must be stored in a locked container, security container, or a secure room. These items include, but are not limited to security devices/records, computer equipment, Identification media. For details see IRM 1.4.6.5.1, Minimum Protection Standards); or, Enter physical areas storing/processing SBU information (unescorted) Staff-like access is granted to an individual who is not an IRS employee (and includes, but is not limited to: contractors/subcontractors, whether procured by IRS or another entity, vendors, delivery persons, experts, consultants, paid/unpaid interns, other federal employees/contractors, cleaning/maintenance employees, etc.), and is approved upon required completion of a favorable suitability/fitness determination conducted by IRS Personnel Security. For security requirements at contractor facilities using contractor-managed resources, please reference Publication 4812, Contractor Security Controls. The contractor shall permit access to IRS SBU information or information system/assets only to individuals who have received staff-like access approval (interim or final) from IRS Personnel Security. Contractors/subcontractors requiring staff-like access to IRS equities are subject to (and must receive a favorable adjudication or affirmative results with respect to) the following eligibility/suitability pre- screening criteria, as applicable: IRS account history for tax compliance (for initial eligibility, as well as periodic checks for continued compliance while actively working on IRS contracts); Selective Service registration compliance (for males born after 12/31/59); U.S. citizenship/lawful permanent residency compliance; Background investigation forms; Credit history; Federal Bureau of Investigation fingerprint results; and, Review of prior federal government background investigations. In this regard, Contractor shall furnish the following electronic documents to Contractor Security Management (CSM) at CSM@irs.gov within 10 business days (or shorter period) of assigning (or reassigning) an employee to this contract/order/agreement and prior to the contractor (including subcontractor) employee performing any work or being granted staff-like access to IRS SBU or IRS/contractor (including subcontractor) facilities, information systems/assets that process/store SBU information thereunder: IRS-provided Risk Assessment Checklist (RAC) Form 14606; Non-Disclosure Agreement (if contract terms grant SBU access); and, Any additional required security forms, which will be made available tough CSM and the COR. Contract Duration: a. Contractors (including subcontractors) whose duration of employment exceeds 180 days must meet the eligibility/suitability requirements for staff-like access and shall undergo a background investigation based on the assigned position risk designation as a condition of work under the Government contract/order/agreement. b. If the duration of employment is less than 180 days, or access is infrequent (i.e. 2 -3 days per month), but the contractor requires staff-like access, the contractor (including subcontractor) employee must meet the eligibility requirements for staff-like access (federal tax compliance, Selective Service Registration, and US Citizenship or Lawful Permanent Residency), as well as a FBI Fingerprint result screening. c. For contractor (including subcontractor) employees not requiring staff-like access to IT systems or SBU data, a background investigation is not needed and will not be requested if a qualified escort, defined as an IRS employee or as a contractor who has been granted staff- like access, escorts a contractor at all times while the escorted contractor accesses IRS facilities, or vendor facilities where IRS IT systems hardware or SBU data is stored. As prescribed in IRM 10.23.2, escorting in lieu of staff-like access for IT systems and access to SBU data (escorted or unescorted) will not be allowed. The contractor (including subcontractor) employee will be permitted to perform under the contract/order/agreement and have staff-like access to IRS facilities, IT systems, and/or SBU data only upon notice of an interim or final staff-like approval from IRS Personnel Security, as defined in IRM 10.23.2 - Contractor Investigations, and is otherwise consistent with IRS security practices and related IRMs, to include, but not limited to: IRM 1.4.6 - Managers Security Handbook; IRM10.2.14 - Methods of Providing Protection; and, IRM 10.8.1 - Policy and Guidance. Current Investigation Reciprocity: Individuals who possess a prior favorably adjudicated Government background investigation that meets the scope and criteria required for their position may be granted interim staff-like access approval upon verification of the prior investigation, receipt of all required contractor security forms, and favorable adjudication of IRS pre-screening eligibility/suitability checks. If their current investigation meets IRS established criteria for investigative reciprocity, individuals will not be required to undergo a new investigation beyond an approved pre-screening determination. Flow down of clauses: The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails access to SBU information by a subcontractor, at any tier, the substantially same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS. (End of clause) IR1052.204-9001 NOTIFICATION OF CHANGE IN CONTRACTOR PERSONNEL EMPLOYMENT STATUS, ASSIGNMENT, OR STANDING (DEC 2018) The contractor shall via e-mail (CSM@irs.gov), notify the Contracting Officer (CO), Contracting Officer's Representative (COR) and Contractor Security Management (CSM)/Personnel Security within 1 business day of the contractor (including subcontractor) becoming aware of any change in the employment status, information access requirement, assignment, or standing of a contractor (or subcontractor) employee under this contract or order - to include, but not limited to, the following conditions: Receipt of the employee's notice of intent to separate from employment or discontinue work under this contract/order; Knowledge of the employee's voluntary separation from employment or performance on this contract/order (if no prior notice was given); Transfer or reassignment of the employee and performance of duties under this contract/order, in whole or in part, to another contract/order (and if possible, identify the gaining contract/order and representative duties/responsibilities to allow for an assessment of suitability based on position sensitivity/risk level designation); Denial of or revocation of staff-like access as determined by IRS Personnel Security; Separation, furlough or release from employment; Anticipated extended absence of more than 45 days; Change of legal name; Change to citizenship or lawful permanent resident status, or employment eligibility; Change in gender or other distinction when physical attributes figure prominently in the biography of an individual; Actual or perceived conflict of interest in continued performance under this contract/order (provide explanation); or Death. When required by the COR, the contractor may be required to provide the information required by this clause to the IRS using the Risk Assessment Checklist (RAC) or security documents as identified by CSM/Personnel Security. The notice shall include the following minimum information: Name of contractor employee; Nature of the change in status, assignment or standing (i.e., provide a brief non- personal, broad-based explanation); Affected contract/agreement/order number(s); Actual or anticipated date of departure or separation; When applicable, the name of the IRS facility or facilities this individual routinely works from or has staff-like access to when performing work under this contract/order; When applicable, contractor (including subcontractor) using contractor (or subcontractor) owned systems for work must ensure that their systems are updated to ensure employees no longer have continued staff-like access to IRS work, either for systems administration or processing functions; and Identification of any Government Furnished Property (GFP), Government Furnished Equipment (GFE), or Government Furnished Information (GFI) (to include Personal Identity Verification (PIV) credentials or badges) provided to the contractor employee and its whereabouts or status. In the event the subject contractor (including subcontractor) employee is working on multiple contracts, orders, or agreements, notification shall be combined, and the cognizant COR for each affected contract or order (using the Contractor Separation Checklist (Form 14604 (Rev. 4-2015)) shall be included in the joint notification along with CSM/Personnel Security. These documents (the RAC and security forms) are also available by email request to CSM/Personnel Security. The vendor POC and the COR must ensure all badges, Smart Cards, equipment, documents, and other government furnished property items are returned to the IRS, systems accesses are removed, and Real Estate & Facilities Management is notified of federal workspace that is vacant. As a rule, the change in the employment status, assignment, or standing of a contractor (or subcontractor) personnel to this contract or order would not form the basis for an excusable delay for failure to perform under the terms of this contract, order or agreement. Flow down of clauses. The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails staff-like access to SBU information by a subcontractor, at any tier, the substantially same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS. (End of clause) IR1052.204-9002 IRS SPECIALIZED INFORMATION TECHNOLOGY (IT) SECURITY TRAINING (ROLE-BASED) REQUIREMENTS (DEC 2018) (a) Consistent with the E-Government Act of 2002, Title III, Federal Information Security Management Act of 2002 (FISMA), Public Law 107-347, specialized information technology (IT)security training (role-based) shall be completed annually by contractor and subcontractor employees who have a significant IT security role or responsibility. (b) Identifying Candidates with a Significant Role or Responsibility for Information/IT Security. (Special Note: No contractor or subcontractor employee requiring staff-like access to a facility, information system or asset whether owned by the IRS or contractor/subcontractor that process or store IRS SBU information will be granted staff-like access without receiving interim or final staff-like access approval from Personnel Security prior to being able to perform under an IRS contract, order or agreement. Escort procedures shall not be utilized if contractor or subcontractor employees require staff-like access to IRS SBU information, information systems, or assets that process or store IRS SBU information. (1) Internal Revenue Manual 10.8.1.4.2.2 requires prospective contractor employees to complete specialized role-based training prior to beginning duties related to their specialized IT security role(s) under the contract, order or agreement. (2) Within 10 calendar days of contract award, establishment of an agreement, or order issuance, the Contractor shall submit to the Contracting Officer's Representative (COR) a list of contractor (including subcontractor) employees who will have a significant role or responsibility for information/IT security in the performance of the contract, will identify the specific IT security role the employee will perform under the contract, order, agreement, and will indicate whether such employee(s) has/have completed role-based training, as well as the source and title/subject of the training. (3) In collaboration with the Information Technology Cybersecurity, Security Service Management and the Internal Revenue Manual (IRM), the COR will review the list and confirm that the new employee(s) will serve in roles that entail significant responsibility for information/IT security and will determine that the training received prior to commencing work on the contract is adequate. The COR will inform the Contractor of the determinations. Indicators of who should complete specialized role-based training annually include, but are not limited to- Percentage of duties devoted to information/IT security. Typically, those with 50% of their work related to FISMA duties. Characteristics. Those privileged network user accounts that allow individual full system permissions to the resources within their authority or to delegate that authority. Catalog of Roles. Those serving in roles identified in the "Required Training Hours for IRS Roles" document maintained at the IT, Cybersecurity, Security Risk Management intranet site for Specialized IT Security Training. (c) Modified Contracts: When existing contracts are modified to include this clause and it is determined that Contractor employees performing IT Security roles and responsibilities and have not been provided the training, the Contractor will be required to provide training to the employee(s) to be completed within 45 calendar days of the determination. (d) New/Replacement Employees: The Contractor will provide role-based training to new or replaced employees who will have a significant IT security role or responsibility under the contract prior to performance under the contract and will adhere to all other requirements set forth within this clause. (e) Annual Requirements: Thereafter, on an annual basis within a FISMA calendar year cycle beginning July 1st of each year, a contractor employee performing under this contract in the role identified herein is required to complete specialized IT security, role-based training by June 1st of the following year and report the training to the COR. (f) Training Certificate/Notice: The contractor shall use the Government system identified by Cybersecurity to annually complete specialized IT security training (role-based). The COR will track the courses, hours completed and the established due dates for each employee. Copies of completion certificates may be shared with the Contracting Officer upon request. Any courses taken outside of the Government systems must be pre-approved by the COR and certificates of completion provided in order to receive credit toward the required hours for an employee. (g) Administrative Remedies: A contractor who fails to provide specialized IT security training (role-based) requirements, within the timeframe specified, may lose its access privileges. Flow down of clauses. The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails staff-like access to SBU information by a subcontractor, at any tier, the substantially same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS. (End of Clause) IR1052.209-9002 NOTICE AND CONSENT TO DISCLOSE AND USE OF TAXPAYER RETURN INFORMATION (MAY 2018) (a) Definitions. As used in this provision- "Authorized representative(s) of the offeror" means the person(s) identified to the Internal Revenue Service (IRS) within the consent to disclose by the offeror as authorized to represent the offeror in disclosure matters pertaining to the offer. "Delinquent Federal tax liability" means any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. "Tax check" means an IRS process that accesses and uses taxpayer return information to support the Government's determination of an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5(b)). (b) Notice. Pursuant to 26 USC 6103(a) - taxpayer return information, with few exceptions, is confidential. Under the authority of 26 U.S.C. 6103(h)(1), officers and employees of the Department of the Treasury, including the IRS, may have access to taxpayer return information as necessary for purposes of tax administration. The Department of the Treasury has determined that an IRS contractor's compliance with the tax laws is a tax administration matter and that the access to and use of taxpayer return information is needed for determining an offeror's eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5). (1) The performance of a tax check is one means that will be used for determining an offeror's eligibility to receive an award in response to this solicitation (see FAR 9.104). As a result, the offeror may want to take steps to confirm it does not have a delinquent Federal tax liability prior to submission of its response to this solicitation. If the offeror recently settled a delinquent Federal tax liability, the offeror may want to take steps to obtain information in order to demonstrate the offeror's responsibility to the contracting officer (see FAR 9.104-5). (c) The offeror shall execute the consent to disclosure provided in paragraph (d) of this provision and include it with the submission of its offer. The consent to disclosure shall be signed by an authorized person as required and defined in 26 U.S.C. 6103(c) and 26 CFR 301.6103(c)-1(e)(4). (d) Consent to disclosure. I hereby consent to the disclosure of taxpayer return information (as defined in 26 U.S.C. 6103(b)(2)) as follows: [Insert OFFEROR NAME] The Department of the Treasury, Internal Revenue Service, may disclose the results of the tax check conducted in connection with the offeror's response to this solicitation, including taxpayer return information as necessary to resolve any matters pertaining to the results of the tax check, to the authorized representatives of on this offer. [Insert OFFEROR NAME] I am aware that in the absence of this authorization, the taxpayer returns information of ___________ is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation. [insert PERSON(S) NAME AND CONTACT INFORMATION] I consent to disclosure of taxpayer return information to the following person(s): Danielle Donaldson, IRS, Contract Specialist and/or Marcela Almeida, IRS, Contracting Officer I certify that I have the authority to execute this consent on behalf of Offeror Name: [Insert OFFEROR NAME] Offeror Taxpayer Identification Number: [Insert Offeror Taxpayer Identification Number] Offeror Address: [Insert Offeror Address] Name of Individual Executing Consent: [ Insert Name of Individual Executing Consent] Title of Individual Executing Consent: _ [Insert Title of Individual Executing Consent] Signature: Date: (End of Provision) IR1052.215-9002 EXPENSE RELATED TO PROPOSAL SUBMISSIONS (MAY 2018) This solicitation does not commit the Government to pay any costs incurred in the submission of any proposal or bid, or in making necessary studies or design for the preparation thereof or to acquire or contract for any services. IR1052.215-9003 DISCUSSIONS AND CORRESPONDENCE (MAY 2018) All communications concerning the solicitation, including any of a technical nature, must be made tough the CO. Correspondence, including written questions, should be directed to the address shown in Block 8 of the Standard Form 33 and marked for the attention of the individual whose name appears in Block 10A of that form. All verbal communications should also be directed to that individual. Insert number of days Questions concerning any technical aspect of the solicitation must be in writing. In order to ensure a timely response, questions should be received by the Contracting Officer at least **7501 days before the due date for receipt of proposals. After this date, the Government will make every effort, but cannot guarantee that questions submitted will be answered before the RFP closing date. (End of Provision) IR1052.224-9001 MANDATORY IRS INFORMATION PROTECTION AND SECURITY AWARENESS TRAINING REQUIREMENTS (DEC 2018) The Federal Information Security Management Act of 2002 (FISMA) requires each federal agency to provide periodic information security awareness training to all employees (including contractor and subcontractor) involved in the management, use, or operation of Federal information and information systems. In addition, contractors (including subcontractor) and their employees are subject to the Taxpayer Browsing Protection Act of 1997, which prohibits willful unauthorized inspection of returns and return information. Violation of the Act could result in civil and criminal penalties. (a) The contractor must ensure all contractor (including subcontractor) personnel complete one or more Information Protection briefings on computer security, disclosure, privacy, physical security, and/or unauthorized access to taxpayer accounts (UNAX), as specified by their COR. Individually and collectively, these briefings make up the IRS Security Awareness Training (SAT) requirements for the Service's information assets. Exception: Contractor personnel (including subcontractors) performing under IRS contracts with Nonprofit Agencies Employing People Who Are Blind or Severely Disabled (as described in FAR Subpart 8.7) are exempted from the aforementioned SAT requirements, unless the contractor requests SAT, or there is a compelling justification for requiring the training that is approved by the Contracting Officer (CO). An example of this would be in an instance where a visually impaired employee is assigned to perform systems development and has potential staff-like access to IRS information. (i) Security Orientation All new contractor personnel must attend a system security orientation within the first 10 business days following initial assignment to any IRS contract, order, or agreement, and any additional IT SAT (commensurate with the individual's duties and responsibilities) within five business days of being granted staff-like access to an IRS, contractor, or subcontractor facility or system that processes IRS sensitive but unclassified (SBU) information. The Security Orientation will also be attended by new contractor personnel, including: o Subcontractor personnel, who are authorized under contract to access IRS SBU information, IT systems, data; and o Subcontractor personnel, who are authorized under contract to handle or access IRS SBU, contractor managed IT systems or IT assets used for performing IRS work, regardless of where work is performed. (ii) Staff-Like Access to SBU Information and IT Systems SAT Contractor personnel, including subcontractor personnel, required to complete SAT include, but are not necessarily limited to, those involved in any of the following activities: o Manage, program or maintain IRS information in a production environment; o Manage, program, or maintain IRS information in a development environment, either IRS owned or contractor owned/managed; o Perform systems administration for either IRS systems or contractor managed resources, regardless of where IRS work is being performed; o Operate an information system on behalf of the IRS on IRS systems or contractor (including subcontractor) managed systems; o Conduct testing or development of information or information systems on behalf of the IRS on IRS systems or contractor (including subcontractor) managed systems; o Provide advisory and assistance (consulting) services, or administrative support; or o Handling, processing, access to, development, backup or any services to support IRS. (iii) Service Personnel Security Awareness Training Contractor personnel providing services in the following categories are required to complete Physical Security & Emergency Preparedness (PSEP) Training: o Medical; o Cafeteria; o Landscaping; o Janitorial and cleaning (daylight operations); o Building maintenance; or o Other maintenance and repair. (iv) Service Personnel Inadvertent SBU Access Training Contractor personnel performing: (i) janitorial and cleaning services (daylight operations), (ii) building maintenance, or (iii) other maintenance and repair and need staff-like access to IRS facilities and building wherein pipeline processing (the processing of paper tax returns) is performed or where the facility and building has an exemption to the clean desk policy authorized by PSEP, are required to complete Inadvertent SBU Access training. Facilities performing pipeline processing and/or have an exemption to the clean desk policy are: Clean Desk Waiver Facilities Facilities Address KY2032 333 Scott St., Covington, KY 41001 KY3005 300 Madison Ave., Covington, KY 41011 MI1951 985 Michigan Ave., Detroit, MI 48226 MN1600 30 East Seventh St., St. Paul, MN 55101 TX2225 2191 Woodward St., Austin, TX 78744 Pipeline Processing Facilities Facilities Address CA4664 Fresno Campus, 5045 E. Butler, Fresno, CA 93727 CA7370 1950 G Street, Fresno, CA 93706 CA6530 1000 N. Mooney St., Tulare, CA 93274 KY0085 Covington Campus, 200 West Fourth St., Covington, KY 41011 KY3016 7125 Industrial Rd., Florence, KY 41042 MO1937 Kansas City Campus, 33 W. Pershing Rd., Kansas City, MO 64108 TX2038 Austin Campus, 3651 S IH-35, Austin TX 78741 TX2746 5015 S IH-35, Austin TX 78741 UT0036 Ogden Campus, 1160 W 1200 S, Ogden, UT 84409 UT1430 1973 North Rulon White Blvd., Ogden, UT 84404 UT1476 1125 W 12th St., Ogden, UT 84201 (Note: The facilities listed above can change annually and are only authorized for one year.) (v) Training Certificate/Notice The contractor must submit confirmation of completed SAT by either: A) Using form 14616; or B) Certifying online at the Contractor Employee Mandatory Briefing website with a copy to the CO and COR, upon completion, but not later than 10 business days after assignment to the contract/order. If required, the COR or the contractor may be required to input data into a system, to be defined by the IRS, to describe the security controls being used to protect information, including confirmation of SAT. (vi) Annual Training For contracts/orders/agreement exceeding one year in length, either on a multiyear or multiple year basis, the contractor must ensure that personnel complete SAT annually no later than October 31st of the current calendar year. The contractor must submit confirmation of completed annual SAT on all personnel assigned to this contract/order/agreement, via email, to the CO and COR, upon completion, but no later than November 15th of the current calendar. (b) SAT is available on the Mandatory Briefing web site http://e-learning.web.irs.gov/ Briefings/Contractors/contractor.html; or if this site is not accessible, SAT materials will be made available by the COR. (c) Contractor's failure to comply with IRS security policy (to include completion and certification of SAT requirements within the timeframe specified) may be subject to having staff- like access to IRS IT systems and facilities suspended, revoked or terminated (temporarily or permanently). (d) Flow down of clauses. The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails staff-like access to SBU information by a subcontractor, at any tier, the substantially same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS. (End of Clause) IR1052.232-9001 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS FOR THE INVOICE PROCESSING PLATFORM (IPP) (MAY 2018) (a) Definitions: "Short payment" as used in this clause means the partial payment of an invoice for goods/services actually rendered at the time of payment when the invoice includes additional goods/services that have not yet been provided/rendered. "Short payment" example: The contract requires the delivery of a set number of items, with the price, delivery location, and delivery due date also specified. The vendor delivers 50% of the items as specified but invoices for 100% of the items. Before implementation of the IPP, the IRS would have paid the vendor for the items delivered and instructed the vendor to re-invoice the IRS when the balances of the items were delivered. In other words, the IRS would "short pay" the invoice since the IRS did not remit payment for the full invoice amount. With implementation of the IPP, the IRS can no longer do this because the IRS cannot accept an electronic invoice that includes items not yet received. The IRS will reject the invoice. The vendor needs to submit an invoice for only the items received by the IRS (in this case, 50%), and, if these items meet all other contract terms and conditions, the IRS will pay the invoiced amount. The vendor submits subsequent invoice(s) for items as they are delivered and accepted. (b) The Invoice Processing Platform (IPP) is a secure Web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. Effective October 1, 2012, invoicing for payment tough the IPP will be mandatory for all new contract awards. Additional information regarding the IPP may be found at the IPP website address https://www.ipp.gov. Contractors must complete the contractor point of contact information below, and submit it with their proposal submissions. Contractors may contact the IPP Helpdesk for assistance via e-mail atippgroup@bos.frb.org or via phone at (866) 973-3131. Once a contract award has been made, the contractor will be contacted by the IPP via e-mail to set-up an account. It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active. (c) Contractor Point of Contact Information Contractor Name: _______________________ Contractor IPP Point of Contact Name: ___________________________ Contractor Phone Number: _______________________ Contractor E-mail Address: ______________________ (d) Electronic Invoicing and Payment Requirements Vendor invoices submitted electronically tough the IPP should be in the proper format and contain the information required for payment processing. To be approved for payment, a "proper invoice" must list the items specified in FAR 52.232-25 (a)(3)(i) tough (a)(3)(x), or in the case of a Commercial Item Contract, the items included in 52.212-4(g)(1)(i) tough (g)(1)(x). If the vendor is offering a discount via the IPP, the discount must be reflected on the invoice. The vendor will select 'Create Invoice'. The IPP system will default to 'Net 30 Prompt Pay' under the Payment Terms dropdown box. The vendor will select from 54 different discount options for the invoice that is being created. If the vendor chooses to offer a discount on the invoice screen, the information will interface to the payment system for processing. Discounts that are offered on attachments rather than the invoice itself cannot be accepted. Under this contract, the following documents are required to be submitted as an attachment to the invoice (Contracting Officer fills in additional documentation that must be furnished by the contractor (e.g. timesheet)). Please do not submit into IPP any documentation/attachments that conflict with what is stated on the invoice: (e) Payment and Invoice Questions For payment and invoice questions, contact the Beckley Finance Center at (304) 254-3372 or via e-mail at cfo.bfc.ipp.customer.support@irs.gov. (f) Waiver If the Contractor is unable to use the IPP for submitting payment requests starting on October 1, 2012, then a waiver form must be completed and submitted with the contractor's proposal submission for review and approval by the Contracting Officer based on one of the conditions listed in the waiver. The vendor will be notified prior to award as to whether their request for waiver has been approved or denied. If the waiver is granted, then a copy of the waiver must be submitted with each paper invoice that the vendor submits to the payment office or the invoice will be returned. (g) Short Payment Short payment on vendor submitted invoices will no longer be processed or paid. If any portion of the invoice does not meet the requirements for a proper invoice, the entire invoice shall be rejected and returned to the vendor unpaid. IRS Invoice Processing Platform (IPP) Waiver Form The IRS invoicing and payment requirements clause (IR1052.232-9000) requires that all invoices under awards made (or effective) on or after October 1, 2012, be submitted electronically via the IPP unless a waiver is requested and granted. If the Contractor is unable to submit its invoice tough the IPP, the Contractor shall complete this waiver form indicating the reason for the waiver request by selecting the appropriate box below and providing a narrative summarizing in detail the circumstances requiring a waiver. For a solicitation, submit the waiver form with the proposal submission. For a modification that incorporates the IPP clause into an existing contract, submit the waiver form with the modification. The CO will notify the vendor via e-mail or another appropriate means of communication prior to award as to whether their waiver has been approved or denied. If the waiver is granted, then a copy of the approved waiver must be submitted with each invoice that the vendor submits to the payment office or the invoice will be returned. Reason for requesting a waiver of the requirement to submit an electronic invoice via the IPP: 1. Submission of invoices tough IPP would impose a hardship on an individual (includes employees and sole proprietors) due to: either a physical or mental disability; a geographic, language, or literacy barrier; or an undue financial burden. The requirement to submit invoices tough the IPP is automatically waived for all individuals who do not have payment capability using ACH with a U.S. financial institution. 2. The political, financial or communications infrastructure where the place of business is located does not support access to the IPP for submitting invoices electronically. 3. The contractor is located within an area designated by the President of the United States or an authorized agency administration as a disaster area. (Please identify area/location.) 4. The submission of invoices electronically may pose a teat to national security, the life or physical safety of an individual may be endangered, or a law enforcement action may be compromised. 5. The agency does not expect to receive more than one invoice from the same contractor within a one-year period. i.e., the invoice submission is non-recurring. 6. The contractor customarily submits a high volume of invoices on a regular basis via file format, not currently supported by the IPP (i.e., uses a file format other than XML or CSV) and the high volume of invoices would cause a significant burden to the contractor if submitted tough the IPP individually. If utilizing this exception, please identify the file formats supported by your invoicing system so that the IPP may consider implementing the requested file format at a later date. File format(s) used: . 7. Other - Please explain: ____________________________________ Attach a separate sheet of paper with a summary narrative substantiating the circumstances for the waiver exception selected from above (1 tough 7). Waiver Submitted By: Contractor Name Name of Person Submitting Request for Waiver Title Signature of Person Submitting Request for Waiver E- mail Address Phone No. Contract/Order No. Date Submitted Waiver Approved By: Contracting Officer's Name Printed Contracting Officer's Signature Date (End of clause) IR1052.239-9007 STAFF-LIKE ACCESS, USE OR OPERATION OF IRS INFORMATION TECHNOLOGY (IT) SYSTEMS BY CONTRACTORS (DEC 2018) In performance of this contract, the contractor agrees to comply with the following requirements and assumes responsibility for compliance by its employees: 1. IRS Information Technology Security Policy and Guidance. All current and new IRS contractor (including subcontractor) employees authorized staff-like access to Treasury/IRS owned or controlled facilities and information systems, or work, wherever located, on those contracts, which involve the design, operation, repair or maintenance of information systems and staff-like access to Sensitive But Unclassified (SBU) information shall comply with the IRS Information Technology Security Policy and Guidance, Internal Revenue Manual (IRM) 10.8.1, 10.8.2, and IRS Publication 4812. Copies of IRM 10.8.1 and 10.8.2 are available at http://www.irs.gov/irm/. This requirement applies to contractors who are using contractor/subcontractor-managed systems, including laptop computers, workstations, servers, and other IT resources) at contractor managed facilities. A copy of Publication 4812 is available at https://www.irs.gov/pub/irs-pdf/p4812.pdf. 2. Staff-Like Access Request and Authorization. Within ten (10) business days after contract award or issuance of an order, the contractor shall provide the Contracting Officer's Representative (COR) and Contractor Security Management (CSM)/Personnel Security, via email to CSM@irs.gov list of names of all applicable contractor and subcontractor employees and the IRS location(s) identified in the contract for which staff-like access is requested. Personnel Security will conduct an initial screening to determine eligibility and suitability for staff-like access in accordance with IRM 10.23.2, Contractor Investigations, and Department of the Treasury Security Manual (TD P) 15-71, Chapter II, Section 2. Contractor and subcontractor employees are not permitted to begin work on the order until approved for interim staff-like access (at a minimum).as defined in IRM10.23.2. This is consistent with IRS security practices and related IRMs, to include, but not limited to, IRM 1.4.6 - Managers Security Handbook, IRM 10.2.14 - Methods of Providing Protection, and IRM 10.8.1 - Policy and Guidance. Upon notification of a favorable suitability determination and interim staff-like approval, the COR will complete an Online 5081 (OL5081), Automated Information System User Registration/Change Request, for each prime or subcontractor employee and require an electronic signature from each such employee indicating the contractor employee has read and fully understands the security requirements governing staff- like access to the Service's IT systems. 3. Remote Staff-Like Access. If the contract authorizes staff-like access to IRS IT systems, information, or assets remotely; that is, from the contractor or other facility, office, or site, the requirements of this clause governs, as well as the general guidance and specific security control standards in IRS Publication 4812, Contractor Security Controls. The contractor will be required to input data into a system, to be defined by the IRS, to describe the security controls being used to protect information. 4. Contractor Acknowledgement. The contractor also acknowledges and agrees: (a) That employees must comply with all laws, IRS system security rules and security policies, standards, and procedures, and (b) That any one of its employees unsanctioned, negligent, or willful violation of the laws, system security rules, and security policies, standards, and procedures may result in the revocation of staff-like access to IRS information technology systems, immediate removal from IRS premises and the contract, and may be subject to arrest by Federal law enforcement agents. 5. Limited Personal Use of Government IT Resources. a. Contractor (including subcontractor) employees, like Federal employees, have no inherent right to use Government IT resources and this policy does not create the right to use Government IT resources for nongovernmental purposes. See IRM 10.8.27, Exhibit 10.8.27-1, Prohibited Uses of Government IT Resources, for specific examples of prohibited uses. See Title 5 - Code of Federal Regulations (CFR) - Part 734 - Political Activities of Federal Employees, for specific examples of prohibited political activities. b. Contractors and subcontractors are required to report a suspected or confirmed breach in any medium or form, including paper, oral, and electronic, as soon as possible and without unreasonable delay. All incidents related to IRS processing, information or information systems shall be reported within one (1) hour to the CO, COR, SAMC and CSIRC. Contact the SAMC and CSIRC tough any of the following methods: Telephone: (202) 283-4809 (local) or toll-free hotline at (866) 216-4809 Fax: (202) 283-0345 Email: samc@cirsc.irs.gov o Information about unclassified cyber security incidents of a sensitive nature shall be transmitted using secure messaging or alternative forms of encryption. o If the incident involves the loss, misuse, or unauthorized inspection of SBU information, the contractor shall also report the incident/situation to the Treasury Inspector General for Tax Administration (TIGTA) hotline at 800-366-4484. 6. Replacement Personnel. The CO, at his/her discretion, may require removal of the employee from performance under this or any IRS contract and may require replacement personnel with similar credentials within 5 days of the notice to remove. Replacement personnel must be acceptable to the CO, in consultation with the COR. 7. Monitoring Notification. IRS management retains the right to monitor both the content and the level of access of contractor employees' use of IRS IT systems. Contractor employees do not have a right, nor should they have an expectation, of privacy while using any IRS information technology system at any time, including accessing the Internet or using e-mail. 8. Security Reports and Information. If any reports are required, the COR may direct the submission of such reports and information tough a specific IRS application, to be determined, or the entry of specific information into the application or system. 9. Subcontracts. The Contractor shall incorporate this clause in all subcontracts, subcontract task or delivery orders or other subcontract performance instrument where the subcontractor employees will require staff-like access, use or operation of IRS information technology systems. 10. Flow down of clauses: The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails access to SBU information by a subcontractor, at any tier, the substantially same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS. (End of Clause) IR1052.239-9008 INFORMATION SYSTEMS AND INFORMATION SECURITY CONTROLS FOR CONTRACTING ACTIONS SUBJECT TO INTERNAL REVENUE MANUAL (IRM) 10.8.1 (DEC 2018) In performance of this contract, the contractor agrees to comply with the following requirements and assumes responsibility for compliance by its employees and subcontractors (and their employees): (a) General. The contractor shall ensure IRS information and information systems are protected at all times. The contractor shall develop, implement, and maintain effective controls and methodologies in its business processes, physical environments, and human capital or personnel practices that meet or otherwise adhere to the security controls, requirements, and objectives described in applicable security control guidelines, and their respective contracts. (b) IRM 10.8.1 Applicability. This contract action is subject to Internal Revenue Manual (IRM) Part 10.8.1- Information Technology (IT) Security, Policy and Guidance. The contractor shall adhere to the general guidance and specific security control standards or requirements contained in IRM10.8.1. While the IRM 10.8.1 shall apply to the requirements to access systems, IRS Publication 4812, Contractor Security Controls, may also govern as addressed in another clause. It will address the requirements related to physical and personnel security that must continue to be maintained at contractor sites. (c) Based on Title III of the E-Government Act of 2002 (Public Law 107-347), also known as the Federal Information Security Management Act of 2002 (FISMA), and standards and guidelines developed by the National Institute of Standards and Technology (NIST), IRM 10.8.1 provides overall IT security control guidance for the IRS, and uniform policies and guidance to be used by each office, or business, operating, and functional unit within the IRS that uses IRS information systems to accomplish the IRS mission. (d) Contractor Security Representative. The contractor shall assign and identify, in its offer, a Contractor Security Representative (CSR) and alternate CSR to all contracts requiring staff-like access to IRS information, information technology and systems, facilities, and/or assets. The CSR is the contractor's primary point for the Government on all security-related matters and the person responsible for ensuring the security of information and information systems in accordance with the terms and conditions of the contract and all applicable security controls. If required by the Contracting Officer's Representative, the contractor will be required to input data into a system, to be defined by the IRS, to describe the security controls being used to protect information. (e) Flow down of clauses. The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entail staff-like access to SBU information by a subcontractor or agent, at any tier, the substantially same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS. (End of clause) IR1052.242-9000 POST AWARD EVALUATION OF CONTRACTOR PERFORMANCE (MAY 2018) Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. The Assessing Official (e.g., Contracting Officer) will prepare a final performance evaluation at the time the work on the contract is completed. In addition to the final evaluation, interim evaluations will be prepared annually to coincide with the anniversary date of the contract. (**If evaluations are conducted annually, modify the above sentence appropriately.) The past performance evaluation process is a paperless process using Contractor Performance Assessment Reporting System (CPARS). CPARS is a web-based system that allows for electronic processing of the performance evaluation report. Once the report is processed, it is available in the Past Performance Information Retrieval System (PPIRS) for Government use in evaluation past performance as part of a source selection action. Once the Contractor is registered in CPARS, they will receive an automatically-generated email with detailed login instructions. Further details, systems requirements, and training information for CPARS is available at https://www.cpars.gov. The CPARS User Manual, registration for On Line Training for Contractors, and a practice application may be found at this site as well. Interim and final evaluations will be provided to the Contractor for their review and comment as soon as practicable after completion of the evaluation. Evaluations of contractor past performance will be posted to the relevant past performance database no more than 14 days after the information is provided to the contractor. On day 15, whether the contractor has responded or not, the evaluation automatically posts to PPIRS. If the Contractor elects not to provide comments, they should acknowledge receipt of the evaluation by indicating "No comment" and then sign and date the form. If the Contractor does not sign and submit the form within 14 days, it will automatically be returned to the Government. Contractors who disagree with a government evaluation can request to meet with the Contracting Officer to discuss their scores and provide feedback or justification for their performance. No requirement exists for the government to meet with the contractor; however, if a contractor requests a meeting, the government may accept the request. Any such meeting does not alter the requirement that an evaluation be posted to PPIRS within 14 days. Several avenues still exist for the contractor to influence the review. First, the contractor may submit a comment after the 14-day period expires and the review has been posted to PPIRS. The contractor's late comments must be posted to PPIRS; however, the government's original report will still be available to all source selection officials. Although authorized, an agency is not required to modify its evaluation based upon a contractor's comments. Second, the contractor may appeal its review one level above the Contracting Officer to the Reviewing Official. Again, the appeal does not stop the 14- day reporting period and the original evaluation will be posted on PPIRS. The following guidelines apply concerning the Contractor's use of the past performance evaluation: Protect the evaluation as "source selection information." After review, transmit the evaluation by completing and submitting the form tough CPARS. If for some reason the Contractor is unable to view and/or submit the form tough CPARS, contact the Contracting Officer for further instructions. Strictly control access to the evaluation within the Contractor's organization. Ensure the evaluation is never released to persons or entities outside of the Contractor's control. Prohibit the use of or reference to evaluation data for advertising, promotional material, preaward surveys, responsibility determinations, production readiness reviews, or other similar purposes. A copy of the completed past performance evaluation will be available in CPARS for the Contractor's review and for Government use supporting source selection actions after it has been finalized. (End of Clause) ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ SECTION IV - Small Business Subcontracting Plan All Offerors, regardless of size, shall submit Small Business Participation information as discussed below. In addition, Offerors that do not qualify as small businesses under NAICS Code 561613 shall provide a Small Business Subcontracting Plan pursuant to FAR 52.219-9 "Small Business Subcontracting Plan." A. Small Business Participation Offerors shall submit information, which addresses how they expect to include small businesses in the performance of the contract. All Offerors shall: 1. Identify the extent to which Small Businesses (SBs), Veteran-Owned Small Businesses (VOSBs), Service-Disabled Veteran-Owned Small Businesses (SDVOSBs), HUBZone Small Businesses (HUBZones), Small Disadvantaged Businesses (SDBs) and Woman-Owned Small Businesses (WOSBs) will be utilized in the performance of the contract. If the Offeror is itself a small business, the Offeror shall also identify their own participation as a SB, VOSB, SDVOSB, HUBZone, SDB or WOSB; 2. Identify the names of the SBs, VOSBs, SDVOSBs, HUBZones, SDBs or WOSBs who will participate on the contract, the products and/or services to be performed and the estimated total dollars of such work; 3. Address the extent of commitment to utilize the team members in performance of the contract (for example, length of the relationship, whether there is a written agreement, and key elements of the agreements); and 4. Provide prior performance information, if any, on no more than five (5) contracts that were performed within the tee years from the proposal submission date which included FAR clause 52.219-8, "Utilization of Small Business Concerns" and/or FAR clause 52.219-9, "Small Business Subcontracting Plan" and show the actual performance or compliance with these FAR clauses. Offeror's Prior Performance Information shall include the following: (a). Name of the contracting activity; (b). Contract number; (c). Total contract value; (d). List of major subcontractors/teaming partners; (e). The role(s) of the subcontractor(s) involved; (f). The applicable goals and actual performance (dollars and percentages) for subcontracting with the types of small business concerns listed in FAR Clause 52.219-9; (g). A Subcontracting Report for Individual Contracts (ISR), Summary Subcontract Report (SSR) and any other documentation of actual accomplishments of the goals established under the subcontracting plans of prior contracts, identifying historical performance for each SB goal category, the goal approved for each category, and the actual goal achievement; and (h). If applicable, Offeror may provide information on subcontracting related problems encountered on the contracts identified above, and corrective actions taken to resolve those problems. B. Small Business Subcontracting Plan In addition to the small business participation information, Offerors that are not small businesses under NAICS Code 561613 shall submit a Small Business Subcontracting Plan as required by FAR clause 52.219-9. NOTE: THIS REQUIREMENT DOES NOT APPLY TO SMALL BUSINESSES. Attachment E, Sample Subcontracting Plan, provides Treasury's suggested model for formulating a subcontracting plan. While this model plan has been designed to be consistent with FAR 52.219-9, other formats of a subcontracting plan are permissible. The use of this model is not intended to waive other requirements that may be applicable under FAR 52.219-9. "Subcontract," as used in this clause, means any agreement (other than one involving an employer-employee relationship) entered into by a Federal Government prime contractor or subcontractor calling for supplies or services required for performance of the contract or subcontract. ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ SECTION V - Pricing (CLIN Structure) (See Attachment G) .
2032H5-19-R-00006 Department of the Treasury Internal Revenue Service
7/17/19, 9:14 AM