II_02_Amendment 01_RFP 2032H323R00005.pdf

Solicitation No. 2032H323R00005

TRIP Data Collection, Validation, and Analysis

REQUEST FOR PROPOSAL (RFP)

TERMS AND CONDITIONS

PART I-THE SCHEDULE

SECTION 1 - OVERVIEW

This Request for Proposal (RFP), 2032H323R00005, is issued by the Internal Revenue Service

(IRS), Office of Business Solutions Acquisition (OBSA), Treasury Operations Branch on behalf of the Terrorism Risk Insurance Program (TRIP) to gain contractor support in performing the annual data call on behalf of TRIP to include data collection, validation, and analysis.

This RFP is prepared in accordance with Federal Acquisition Regulation (FAR) Part 12

“Acquisition of Commercial Products and Commercial Services”. The Contracting Officer (CO) reasonably expects, based on the nature of the services sought, and market research, that offers will include only commercial services. To obtain full participation from qualified companies, this procurement will be posted for full and open competition on SAM.gov.

1. The type of action contemplated: Firm-Fixed-Price (FFP) contract.

2. A notice regarding any set-aside: This RFP is not set aside for Small Business.

3. The associated North American Industrial Classification System (NAICS) code for this procurement is: 541611, Administrative Management and General Management Consulting

Services, with a size standard of $21.5M.

4. The Contract Line Item Number (CLIN) tables are provided in Attachment 3 - Price

Submission Worksheet.

a. FFP CLINs are inclusive of all direct and indirect costs (such as technical and management labor, equipment, hardware, software, licensing, travel, facility, expendable items, overhead, and fees) required to perform the work requirements related to that CLIN and is to be proposed as the total for each period.

b. The Government has identified Program Director/Manager as required Key

Personnel; all other labor categories listed are an example of personnel the contractor may determine necessary to support the work as identified IAW Attachment 1

Performance Work Statement (PWS). The contractor shall provide personnel who have the necessary technical, project management, and administrative expertise to support the planning and execution of the tasks contained in this Performance Work

Statement (PWS). The proposed labor categories shall be identified on the Price

Submission Worksheet the pricing submitted as the total for each CLIN.

c. The estimated hours are an estimate to assist in determining the proposal’s total FFP for the Base, each Option Period, and the 52.217-8 6-month service extension to meet all the requirement stated in Attachment 1 Performance Work Statement (PWS).

5. Description of requirements for the items/services to be acquired: See Attachment 1

Performance Work Statement (PWS).

6. The Period of Performance for this contract will include a 12-month base period and four (4)

12-month option periods with a 6-month extension option to extend service (FAR 52.217-8) anticipated to begin Feb 20, 2023 through Feb 19, 2028.

7. Place(s) of Delivery and Acceptance: See Attachment 1 Performance Work Statement

(PWS).

8. Vendor(s) shall submit Quotes by 12:00PM ET, JAN 24, 2023. All questions are due via email by 12:00PM ET, JAN 12, 2023. Any questions received after that date and time may not be answered. All communication shall state in the subject line:

“RFP #2032H323R00005 for TRIP Data Collection, Validation, and Analysis”.

9. For information and/or questions regarding the solicitation, contact Contracting Officer, Kathleen Guyther (kathleen.a.guyther@irs.gov) and Contracts Specialist (CS) Heather

Elkhay (heather.m.elkhay@irs.gov)

10. Additional Information: Be advised that all interested parties must be registered in the

System for Award Management (SAM) Database in order to receive an award.

SECTION 2 – SERVICES AND PRICES/COST SCHEDULE

The Vendor shall agree in their Quote to hold the prices in its offer firm for 180 calendar days from the date specified for receipt of Quotes. See Attachment 3 Price Submission Worksheet.

This contract includes FAR Clause 52.217-8 Option to Extend Services, which may be exercised by the Government at any time during the life of this contract. Should the Government elect to exercise this option, the prices established in the period effective prior to the 52.217-8 period will be utilized during the 52.217-8 extension period(s).

FFP Total

BASE PERIOD -$

OPTION PERIOD 1 -$

OPTION PERIOD 2 -$

OPTION PERIOD 3 -$

OPTION PERIOD 4 -$

Base + Option Period Total -$

FAR 52.217-8 PERIOD (6 months) -$

Total Evaluated Price -$

Price Matrix (Base + 4 Option Periods w/ 6 month service extension mailto:kathleen.a.guyther@irs.gov mailto:heather.m.elkhay@irs.gov

SECTION 3 - DESCRIPTION/SPECIFICATIONS/STATEMENT OF WORK

The Contractor shall provide the necessary services and deliverables as described in Attachment

1, Performance Work Statement (PWS).

SECTION 4 - PACKAGING AND MARKING

4.1 Electronic Reports and Files

1. Reports delivered by the Contractor to the Government under this contract shall prominently show on the cover of the report:

a. Name and business address of the Contractor;

b. Contract number;

c. Title;

d. Date of report; and

e. Program Office.

Less formal files (including attachments to reports) must provide the same information clearly on the first page.

2. Electronic reports and files shall be submitted in Word (.doc/.docx), Excel (.xls/.xlsx) or

.pdf format, unless specified otherwise by the Contracting Officer’s Representative

(COR).

3. All reports and files become the property of the Department of the Treasury. Reports shall not contain markings or legends which restrict the Department’s use in any way.

4.2 Preservation, Packing, and Marking

(a) Marking. All information submitted to the CO or the COR must include the contract number.

The Contractor shall place the contract number on or adjacent to the exterior shipping label.

(b) Packing. Unless otherwise specified, all material shall be preserved, packaged, and packing in accordance with best commercial practices and adequate to ensure acceptance by common carrier and safe arrival at the destination.

(c) Magnetic Media. If magnetic media such as CDs and DVDs are involved, packaging shall clearly identify the contents and provide a warning for protection against exposure to magnetic fields or temperature extremes.

(d) The Contractor shall comply with all containerizing, preservation, and identification labeling requirements that are set forth in the PWS.

SECTION 5 - INSPECTION AND ACCEPTANCE

5.1 Inspection and Acceptance

Inspection will be at the Government’s location(s) stated herein in accordance with FAR 8.406-2

“Inspection and Acceptance”. In addition, performance standards, acceptable quality levels, method of surveillance, and resulting impact are provided in the Quality Assurance Surveillance

Plan (QASP), Attachment 2.

SECTION 6 - DELIVERIES OR PERFORMANCE

6.1 Period of Performance

The period of performance consists of a 12-month Base period with four (4) 12-month option periods. The period of performance is as follows: [dates provided are estimates – actual dates to be provided upon award]:

Base Period: 20 Feb 2023 – 19 Feb 2024

Option Period 1: 20 Feb 2024 – 19 Feb 2025

Option Period 2: 20 Feb 2025 – 19 Feb 2026

Option Period 3: 20 Feb 2026 – 19 Feb 2027

Option Period 4: 20 Feb 2027 – 19 Feb 2028

This contract includes a one (1) 6-month option period, which may be unilaterally exercised by the Government. Exercising of any of the option periods is contingent upon the

Government’s determination on need and available funding. All terms and conditions applicable to the base period shall extend to the options periods unless otherwise agreed upon.

6.2 Federal Holidays

(a) The Government observes the Federal holidays found at: https://www.opm.gov/policy-data-oversight/snow-dismissal-procedures/federal-holidays.

(b) When specified by Federal Statute, the Office of Personnel Management, an Executive Order or President’s Proclamation, additional days (e.g. snow days, inauguration, or emergencies) may be designated as days off (non-work days) for Federal personnel. Such events may be limited to particular locations, and not be effective countrywide.

(c) Unless otherwise directed by the COR, routine operations that require Government personnel shall not be scheduled on Federal holidays or other non-work days that affect those personnel.

(d) The Contractor may conduct work that does not require Government personnel participation on Federal holidays and non-work days. Work performed on holidays, weekends, or other non-work days shall be billed at the “normal” unit prices.

(e) There are certain types of irregularly occurring circumstances that prompt the Government to close offices where Contractor personnel are working, either on a national or local basis (e.g., bomb threats, inclement weather, power outages, death of a national figure, or funding lapses). Contractor personnel shall not work if the Government is closed, unless otherwise authorized by the CO.

6.3 Place of Performance

The work for this contract shall be performed at a secure Contractor facility within the continental United States.

SECTION 7 - CONTRACT ADMINISTRATION DATA

7.1 Contract Administration Office

Contracting Officer (CO)

(a) In accordance with FAR 1.602, COs have the authority to enter into, administer, and terminate contracts on behalf of the Federal Government.

(b) COs are responsible for ensuring performance of all necessary actions for effective contracting and compliance with the terms of the contract. Only COs acting within the scope of their authority are empowered to execute awards and modifications on behalf of the

Government.

(c) No changes in or deviations from the work stated or terms of this contract shall be effective without a modification executed by a CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change will have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof. No costs incurred due to an unauthorized action will be compensated.

(d) Requests for changes to the contract must be emailed to the Administering CO.

(e) The administrative contracting office is:

Internal Revenue Service

Office of Procurement

OS: OCPO: BSA:TO:S Stop C7-430

5000 Ellin Road

Lanham, MD 20706

(f) The CO for this action is:

Kathleen Guyther

5000 Ellin Road.

Lanham, MD 20706

(240)613-5429 e-mail: Kathleen.A.Guyther@irs.gov

DTAR 1052.201-70 - Contracting Officer's Representative (COR) Appointment and

Authority (Apr 2015)

(a) The COR will be determine at time of award.

(b) Performance of work under this contract is subject to the technical direction of the COR identified above, or a representative designated in writing. The term “technical direction” mailto:Kathleen.A.Guyther@irs.gov includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement.

The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the designated representative falls within the limitations of (c) above, the Contractor shall immediately notify the Contracting Officer no later than the beginning of the next Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled ``Disputes.''

(End of clause)

7.2 Correspondence Procedures

To promote timely and effective administration, correspondence (except for invoices) submitted under the contract shall be subject to the following procedures, unless otherwise stated in the contract:

(a) Technical Issues: Technical correspondence addressing technical issues shall be addressed to the COR, with an informational copy of the correspondence to the CO.

(b) Non-Technical Issues: Invoicing issues shall be addressed to the COR and the CO. All other contractual and other non-technical issues (including waivers, deviations, or modifications to the requirements, terms, or conditions of the contract) shall be addressed to the CO.

7.3 Contractor Project Manager

The Contractor’s designated Project Manager for this contract is:

Name: ________________________

Phone: ________________________

E-mail: ________________________

The Contractor shall provide a Project Manager for this contract who shall have the authority to make any no-cost technical, hiring, and dismissal decisions, or special arrangement regarding this contract. The Project Manager shall be responsible for the overall management and coordination of this contract and shall act as the central point of contact with the Government. The Project Manager shall have full authority to act for the Contractor in the performance of the required services. The Project Manager, or a designated representative, shall meet with the COR to discuss problem areas as they occur. The Project

Manager or designated representative shall respond within four hours after notification of the existence of a problem.

7.4 Evaluation Of Contractor Performance

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR Subpart 42.15. A final performance evaluation will be prepared at the time of completion of work. In addition to the final evaluation, interim evaluations will be prepared annually to coincide with the anniversary date of the contract. Interim and final evaluations will be provided to the contractor as soon as practicable after completion of the evaluation. The contractor will be permitted 30 days to review the document and to submit additional information or a rebutting statement. Any disagreement between the parties regarding an evaluation will be referred to an individual one level above the contracting officer, whose decision will be final. Copies of the evaluations, contractor responses, and review comments, if any, will be retained as part of the contract file, and may be used to support future award decisions.

7.5 Key Personnel

The Contractor shall identify the employee(s) who will be designated as Key Personnel under this contract, to include the Project Manager. The personnel provided shall be considered essential to the work being performed.

(a) Key Personnel

Employee Name Position Title

(b) The Contractor shall use the key personnel set forth in its price for performance of the effort set forth under the contract. In the event that one or more of the personnel are not available, or become unavailable, the Contractor shall furnish substitute personnel of equal or superior relevant skills, which substitutions shall be subject to approval by the

CO. During the contract performance period, any substitution or replacement of key personnel must be proposed by the Contractor and authorized by the CO in advance of such actual substitution or replacement

(c) Substitution of Key Personnel –

(1) The Contractor shall assign to the contract those persons whose resumes were submitted with its offer who are necessary to fill the requirements of the contract. No substitutions shall be made except in accordance with this clause.

(2) The Contractor shall not allow personnel substitutions during the contract performance period unless the Contractor promptly notifies the CO, with a copy to the COR, and provides the information required by paragraph 7(c)(3) below. All proposed substitutions must be submitted, in writing, at least 15 working days in advance of the proposed substitutions to the CO, and provide the information required by paragraph 7(c)(3) below.

(3) All requests for substitutions must provide a detailed explanation of the circumstances necessitating the proposed substitutions, a complete resume for the proposed substitute, and any other information requested by the CO needed to approve or disapprove the proposed substitution. All proposed substitutions must have relevant qualifications that are equal or superior to the qualifications of the person(s) to be replaced. The CO, or an authorized representative, will evaluate such requests and promptly notify the Contractor of approval or disapproval thereof.

7.6 Invoicing

(a) See FAR 52.232-25 for the contents of a proper invoice.

(b) Invoices shall be submitted electronically to www.ipp.gov

(c) An electronic copy shall also simultaneously be submitted to the COR .

(d) Submission of proper invoices shall be rendered on a monthly basis in an amount equal to the value of the work performed.

(e) Each invoice submitted shall be supported by appropriate documentation. Documentation necessary to substantiate an invoice shall include, but is not limited to project name and number, invoice number, percent complete, original contract amount, modification amounts, retainage amount and percent cumulative), value of work in place, contractor name, and contract number. Such documentation shall meet the approval of the Contracting Officer.

DTAR 1052.232-7003 – Electronic Submission of Payment Requests (Apr 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the

Contracting Officer authorizes alternate procedures in writing in accordance with Treasury

Procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the

Contracting Officer's written authorization with each payment request.

SECTION 8 - SPECIAL CONTRACT REQUIREMENTS

8.1 Software Made Available For Contractor’s Use

The Government, from time to time, may make certain software acquired under license available to the Contractor for its use in the performance of the Contract.

(a) The Contractor recognizes and acknowledges that such software or data contained therein may be proprietary and confidential to a third party.

(b) The Contractor agrees that it and its employees, and any other Project Personnel will not use copy, disclose, modify, or reverse engineer such software except as permitted by the license and any other terms and conditions under which the software is made available to the Contractor.

(c) The Contractor is not authorized to violate any software licensing agreement, or to cause the Government to violate any licensing agreement. If, at any time during the performance of the Contract, the Contractor has reason to believe that its utilization of

Government furnished software may involve or result in a violation of the

Government’s licensing agreement, the Contractor shall promptly notify the CO, in writing, of the pertinent facts and circumstances. Pending direction from the CO, the

Contractor shall continue to perform to the full extent possible without utilizing the software in question.

(d) This clause shall flow down to all subcontracts.

8.2 Information System Security Requirements

(a) Federal Information Security Management Act (FISMA)

Pursuant to the Federal Information Security Management Act (FISMA), Title III of the

EGovernment Act of 2002, P.L. 107-347, the contractor shall provide minimum security controls required to protect Federal information and information systems. The term ‘information security’ means protecting information and information systems from unauthorized access, use, disclosure, disruption, modification, or destruction in order to provide confidentially, integrity and availability.

The contractor shall provide information security protections commensurate with the risk and magnitude of the harm resulting from the unauthorized access, use, disclosure, disruption, modification, or destruction of information collected or maintained by or on behalf of the agency; or information systems used or operated by an agency or by a contractor of an agency.

This applies to individuals and organizations having contractual arrangements with Treasury, including employees, contractors, Offerors, and outsourcing providers, which use or operate information technology systems containing Treasury data.

Any Treasury information or information system is defined as a General Support System (GSS), Major or Minor Application with a FIPS 199 security categorization impact level of low, moderate or high, and those systems identified by the As Built Architecture (ABA) and agency

FISMA Master Inventory.

(b) Contractor System Review/Site Visit

The contractor shall be subject to periodically test, and evaluate the effectiveness of information security controls and techniques. The assessment of information security controls may be performed by an agency independent auditor, security team or Inspector General, and shall include testing of management, operational, and technical controls of every information system that maintains, collects, operates, or uses federal information on behalf of the agency. The agency and contractor shall document and maintain a remedial action plan, also known as a Plan of Action and Milestones (POA&M) to address any deficiencies identified during the test and evaluation. The contractor must cost-effectively reduce information security risks to an acceptable level within the scope, terms and conditions of the contract.

8.3 Information Security Requirements

The Contractor shall follow all applicable Treasury and FISMA security requirements where applicable:

(a) The National Institute of Standards and Technology (NIST) Guidance for

Information Security

The contractor shall follow Information Security guidance established by the National Institute of Standards and Technology (NIST). The contractor shall establish as required the minimum security controls identified in NIST Special Publication 800-53, Recommended Security Controls for Federal Information / NIST 800-53A and Revision 1, and FIPS 200 Minimum

Security Requirements for Federal Information and Information Systems. The contractor shall follow the best practices and guidance established by NIST special publication 800 Series and

Federal Information Processing Standards (FIPS) for computer security. The Treasury may determine such applicable Information Technology (IT) Security standards and policies.

(b) Handling Information Security Incidents

The Treasury Computer Security Incident Response Center (TCSIRC) defines a security incident as: an IT security incident is any event and/or condition that has the potential to affect the security and/or authorization of an IT system and may result from intentional or unintentional actions. An IT security violation is an event that may result in disclosure of sensitive information to unauthorized individuals, or that results in unauthorized modification or destruction of system data, loss of computer system processing capability, or loss or theft of any computer system resources.

The contractor shall maintain procedures for detecting, reporting, and responding to security incidents, and mitigating risks associated with such incidents before substantial damage is done to federal information or information systems. The contractor shall immediately report all computer security incidents that involve Treasury information systems to the Treasury project

COR[s]. Any theft or loss of IT equipment with federal information / data must be reported within one hour of the incident to Treasury project COR[s]. Those incidents involving the loss or theft of sensitive but unclassified (SBU) data (i.e.) shall also be reported. Based on the computer security incident type, Treasury project COR[s] may further notify first line managers, Treasury Inspector General for Tax Authority, Treasury Computer Security Incident Response

Center (TCSIRC) in accordance with TCSIRC procedures.

The project COR[s] precise contact information will be provided prior to any work commencement.

(c) Federal Desktop Core Configuration (FDCC)

The contractor of information technology shall certify applications are fully functional and operate correctly as intended on systems using the Federal Desktop Core Configuration (FDCC).

This includes Internet Explorer 7 configured to operate on Windows. In accordance with OMB issued Policy memorandum M-07-11, “Implementation of Commonly Accepted Security

Configurations for Windows Operating Systems: “operating systems [Windows XP and VISTA] and/or plans to upgrade to these operating systems must adopt these standard security configurations.

8.4 Organizational Conflicts of Interest

The Contractor warrants that, to the best of its knowledge and belief, there are no relevant facts or circumstances that could give rise to an organizational conflict of interest, as defined in FAR

Subpart 9.5, or that the Contractor has disclosed all such relevant information in writing to the

CO.

The Contractor is responsible for notifying Treasury of any actual or potential organizational conflict of interest that arises after contract award. The Contractor agrees that if an actual or potential organizational conflict of interest is discovered after award, the Contractor shall make a full disclosure in writing to the CO no later than three (3) business days after discovery, to include conflicts or potential conflicts that may surface at the subcontract level. This disclosure shall include a description of actions which the Contractor has taken, or proposes to take, after consultation with the CO, to avoid, mitigate, or neutralize the actual or potential conflict.

The CO may impose appropriate constraints to avoid or mitigate any actual or potential organization conflict of interest. The CO may terminate the contract for convenience, in whole or in part, if he/she deems such termination necessary to avoid an organizational conflict of interest.

If the Contractor was aware, or should have been aware, of a potential organizational conflict of interest prior to award, or discovered an actual or potential conflict after award and did not disclose or misrepresented relevant information to the CO, the Government may terminate the contract for default, recommend suspension or debarment of the Contractor from Government contracting, or pursue such other remedies as may be permitted by law or the contract.

The Contractor further agrees to insert provisions which shall conform substantially to the language of this clause in any subcontract or consultant agreement hereunder.

8.5 Non - Disclosure of Information

Any information made available to the Contractor by the Government shall be used only for the purpose of carrying out the provisions of the contract, and shall not be divulged or made known, in any manner, to any persons, except as may be necessary, in the performance of the contract.

In performance of the contract, the Contractor assumes responsibility for protection of the confidentiality of Government records, and shall ensure that all work performed by its subcontractors shall be under the supervision of the Contractor or the Contractor's responsible employees.

Each officer or employee of the Contractor, Project Personnel, or any of its subcontractors, to whom any Government record may be made available or disclosed shall be notified in writing by the Contractor that information disclosed to such person or party can be used only for a purpose and to the extent authorized herein. Further disclosure of any such information, by any means, for a purpose or to an extent unauthorized herein, may subject the offender to criminal sanctions imposed by 18 U.S.C. 641. That section provides, in pertinent part, that whoever knowingly converts to their use or the use of another, or without authority, sells, conveys, or disposes of any record of the U.S., or whoever receives the same with intent to convert it to their use or gain, knowing it to have been converted, shall be guilty of a crime punishable by a fine of up to

$10,000, or imprisoned up to 10 years, or both.

To the extent that the work under the contract requires that the Contractor be given access to confidential or proprietary business, technical, or financial information belonging to the

Government or other companies, the Contractor shall after receipt thereof, treat such information as confidential and agrees not to appropriate such information to its own use or to disclose such information to third parties unless specifically authorized by the CO in writing. The foregoing obligations, however, shall not apply to:

(1) Information which, at the time of receipt by the Contractor, is in public domain;

(2) Information which is published by its owner after receipt thereof by the Contractor or otherwise becomes part of the public domain through no fault of the Contractor;

(3) Information which the Contractor can demonstrate was in its possession at the time of receipt thereof and was not acquired directly or indirectly from the Government or other companies; or

(4) Information which the Contractor can demonstrate was received by it from a third party that did not require the Contractor to hold it in confidence.

The Contractor shall obtain the written agreement, in a form satisfactory to the CO, of each

Project Personnel permitted access, whereby the Project Personnel agrees that he/she will not discuss, divulge or disclose any such information or data to any person or entity except those persons within the Contractor's organization directly concerned with the performance of the contract.

The Contractor agrees, if requested by the Government, to sign an agreement identical, in all material respects, to the provisions of this clause, with each company supplying information to the Contractor under the contract, and to supply a copy of such agreement to the CO.

This clause shall flow down to all appropriate subcontracts.

8.6 Public-Release of Contract Documents Requirement

The Contractor agrees to submit, within 10 business days from the date of the CO’s execution of the initial contract, any task order, or any modification to the contract or task order (exclusive of

Saturdays, Sundays, and federal holidays), a .pdf file of the fully executed document with all proposed necessary redactions, including redactions of any trade secrets or any commercial or financial information that it believes to be privileged or confidential business information, for the purpose of public disclosure at the sole discretion of the Treasury. The Contractor agrees to provide a detailed written statement specifying the basis for each of its proposed redactions, including the applicable exemption under the Freedom of Information Act (FOIA), 5 U.S.C. §

552, and, in the case of FOIA Exemption 4, 5 U.S.C. § 552(b)(4), shall demonstrate why the information is considered to be a trade secret or commercial or financial information that is privileged or confidential. Information provided by the Contractor in response to the contract requirement may itself be subject to disclosure under the FOIA.

The Treasury will carefully consider all of the Contractor’s proposed redactions and associated grounds for nondisclosure prior to making a final determination as to what information in such executed documents may be properly withheld.

8.7 Safety Precautions

The Contractor shall be responsible for all damages to persons or property that occurs as a result of its, its subcontractors, or any of its or its subcontractor’s employee’s fault or negligence. The

Contractor shall take proper safety and health precautions to protect the work, the workers, the public and property of others. The Contractor shall also be responsible for all materials delivered and work performed until completion and acceptance of the service.

8.8 Status of Performance

During the life of the contract should any incident occur which the Contractor believes may circumvent or encumber the performance of the contract, the Contractor shall immediately notify the CO. The receipt of such a notice shall not be construed as a waiver by the Treasury of any of its rights and remedies provided by law or under the terms of the contract.

8.9 Standard of Conduct at a Government Installation or Government Furnished Facility and Removal of Project Personnel

The Contractor shall be responsible for maintaining satisfactory standards of Project Personnel competency, conduct, appearance, and integrity and shall be responsible for taking such disciplinary action with respect to Project Personnel as may be necessary. The Contractor is also responsible for ensuring that the Project Personnel do not disturb papers on desks, open desk drawers or cabinets, outside of their own individual work area.

The Government reserves the right to unilaterally direct the removal from work under the contract any Project Personnel found to be unacceptable. The Contractor shall remove unacceptable Project Personnel within thirty (30) calendar days after receiving a written notice from the CO. In rare instances, the Government reserves the right to direct immediate removal of individual Project Personnel. These rare instances include personnel security matters and criminal activity.

8.10 Contract Phase-Out

Upon the expiration or termination of the contract for any reason, the Contractor shall assist in transferring responsibility for providing the Real Property services to Treasury or to a third party service provider. This clause, as well as the Contractor’s phase-out responsibilities, survive the termination or expiration of the contract.

8.11 Nonpayment for Unauthorized Work

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any service performed by the Contractor of its own volition or at the request of an individual other than a duly appointed Contracting

Officer. Only a Contracting Officer is authorized to change the specifications, terms and conditions in this contract.

PART II-CONTRACT CLAUSES

FAR 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):

FAR: www.acquisition.gov

DTAR: www.acquisition.gov/dtar

The following clauses are incorporated by reference:

Federal Acquisition Regulation (48 CFR Chapter 1) Clauses

Number Title Date

52.203-3 GRATUITIES APR 1984

52.203-17 CONTRACTOR EMPLOYEE WHISLEBLOWER

RIGHTS AND REQUIREMENT TO INFORM

EMPLOYEES OF WHISTLEBLOWER RIGHTS

JUN 2020

52.204-4 PRINTED OR COPIED DOUBLE-SIDED ON

POSTCONSUMER FIBER CONTENT PAPER

MAY 2011

52.204-19 INCORPORATION BY REFERENCE OF

REPRESENTATIONS AND CERTIFICATIONS

DEC 2014

52.204-13 SYSTEM FOR AWARD MANAGEMENT

MAINTENTANCE

OCT 2018

52.204-18 COMMERCIAL AND GOVERNMENT ENTITY

CODE MAINTENANCE

AUG 2020

52.212-4 CONTRACT TERMS AND CONDITIONS-

COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES WITH ALTERNATE I

NOV 2021

52.229-3 FEDERAL, STATE, AND LOCAL TAXES FEB 2013

52.232-23 ASSIGNMENT OF CLAIMS MAY 2014

http://www.acquisition.gov/ http://www.acquisition.gov/dtar

52.232-40 PROVIDING ACCELERATED PAYMENTS TO

SMALL BUSINESS SUBCONTRACTORS

DEC 2013

52.243-3 CHANGES— TIME-AND-MATERIALS OR LABOR-

HOUR

SEPT 2000

FAR 52.212-5 - Contract Terms and Conditions Required to Implement Statutes or

Executive Orders— Commercial Items (Oct 2022)

(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 products and commercial services:

(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 (NOV 2021) (Section 1634 of Pub. L.

115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video

Surveillance Services or Equipment. (NOV 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

(4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (NOV 2015).

(5) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(6) 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 products and commercial services:

[Contracting Officer check as appropriate.]

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (JUN 2020), with

Alternate I (NOV 2021) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (NOV 2021) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment

Act of 2009 (JUN 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 (JUN

2020) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (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. (NOV 2021) (31 U.S.C. 6101 note).

__ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

(OCT 2018) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (SEP 2021) (15 U.S.C.

657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns

(SEP 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15

U.S.C. 657a).

__ (13) [Reserved]

__ (14) (i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-6.

__ (15) (i) 52.219-7, Notice of Partial Small Business Set-Aside (NOV 2020) (15 U.S.C. 644).

__ (ii) Alternate I (MAR 2020) of 52.219-7.

X (16) 52.219-8, Utilization of Small Business Concerns (OCT 2018) (15 U.S.C. 637(d)(2) and

(3)).

X (17) (i) 52.219-9, Small Business Subcontracting Plan (NOV 2021) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (NOV 2016) of 52.219-9.

__ (iii) Alternate II (NOV 2016) of 52.219-9.

__ (iv) Alternate III (JUN 2020) of 52.219-9.

__ (v) Alternate IV (SEP 2021) of 52.219-9.

__ (18) (i) 52.219-13, Notice of Set-Aside of Orders (MAR 2020) (15 U.S.C. 644(r)).

__ (ii) Alternate I (MAR 2020) of 52.219-13.

__ (19) 52.219-14, Limitations on Subcontracting (SEP 2021) (15 U.S.C. 637s).

X (20) 52.219-16, Liquidated Damages—Subcontracting Plan (SEP 2021) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (SEP

2021) (15 U.S.C. 657f).

X (22) (i) 52.219-28, Post Award Small Business Program Rerepresentation (SEP 2021) (15

U.S.C. 632(a)(2)).

__ (ii) Alternate I (MAR 2020) of 52.219-28.

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically

Disadvantaged Women-Owned Small Business Concerns (SEP 2021) (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 (SEP 2021) (15

U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (MAR 2020) (15

U.S.C. 644(r)).

__ (26) 52.219-33, Nonmanufacturer Rule (SEP 2021) (15U.S.C. 637(a)(17)).

X (27) 52.222-3, Convict Labor (JUN 2003) (E.O.11755).

__ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (JAN 2022)

(E.O.13126).

X (29) 52.222-21, Prohibition of Segregated Facilities (APR 2015).

X (30)(i) 52.222-26, Equal Opportunity (SEP 2016) (E.O.11246).

__ (ii) Alternate I (FEB 1999) of 52.222-26.

__ (31)(i) 52.222-35, Equal Opportunity for Veterans (JUN 2020) (38 U.S.C. 4212).

__ (ii) Alternate I (JUL 2014) of 52.222-35.

__ (32)(i) 52.222-36, Equal Opportunity for Workers with Disabilities (JUN 2020) (29 U.S.C.

793).

__ (ii) Alternate I (JUL 2014) of 52.222-36.

X (33) 52.222-37, Employment Reports on Veterans (JUN 2020) (38 U.S.C. 4212).

X (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(DEC 2010) (E.O. 13496).

X (35)(i) 52.222-50, Combating Trafficking in Persons (NOV 2021) (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).

__ (36) 52.222-54, Employment Eligibility Verification (MAY 2022) (Executive Order 12989).

(Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37)(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.)

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential

Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and

Air Conditioners (JUN 2016) (E.O. 13693).

__ (40)(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.

__ (41)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun2014) of 52.223-14.

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (MAY 2020) (42 U.S.C.

8259b).

__ (43)(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 (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (JUN

2020) (E.O. 13513).

__ (45) 52.223-20, Aerosols (JUN 2016) (E.O. 13693).

__ (46) 52.223-21, Foams (Jun2016) (E.O. 13693).

__ (47)(i) 52.224-3 Privacy Training (JAN 2017) (5 U.S.C. 552 a).

__ (ii) Alternate I (JAN 2017) of 52.224-3.

__ (48)(i) 52.225-1, Buy American-Supplies (OCT 2022) (41 U.S.C. chapter 83).

__ (ii) Alternate I (OCT 2022) of 52.225-1.

__ (49)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (OCT 2022) (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 (JAN 2021) of 52.225-3.

__ (iii) Alternate II (JAN 2021) of 52.225-3.

__ (iv) Alternate III (JAN 2021) of 52.225-3.

__ (v) Alternate IV (Oct 2022) of 52.225-3.

__ (50) 52.225-5, Trade Agreements (OCT 2019) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

X (51) 52.225-13, Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the

Department of the Treasury).

__ (52) 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. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

(Nov2007) (42 U.S.C. 5150).

__ (55) 52.229-12, Tax on Certain Foreign Procurements (FEB 2021).

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial

Services (NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services

(NOV 2021) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

X (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management

(OCT2018) (31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management (Jul 2013) (31 U.S.C. 3332).

__ (60) 52.232-36, Payment by Third Party (MAY 2014) (31 U.S.C. 3332).

__ (61) 52.239-1, Privacy or Security Safeguards (AUG 1996) (5 U.S.C. 552a).

__ (62) 52.242-5, Payments to Small Business Subcontractors (JAN 2017) (15 U.S.C.

637(d)(13)).

__ (63)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

2021) (46 U.S.C. 55305 and 10 U.S.C. 2631).

__ (ii) Alternate I (APR 2003) of 52.247-64.

__ (iii) Alternate II (NOV 2021) 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 products and commercial services:

[Contracting Officer check as appropriate.]

X (1) 52.222-41, Service Contract Labor Standards (AUG 2018) (41 U.S.C. chapter67).

X (2) 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 (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (AUG 2018) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (May 2014) (29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 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).

__ (6) 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).

X (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (JAN

2022).

X (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (JAN 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (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 threshold, as defined in FAR 2.101, on the date of award of this contract, 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…