BNA_RFQ_2032H5-19-R-00012.pdf

RFP# 2032H5-19-R-00012

FY20 BBNA Request For Proposal 2032H5-19-R-00012 Performance Work Statement

FY20 Large Case Tax Engine Audit - Corporate Tax Analysis Software

Subject to Availability of FY20 Funds: Funds are not presently available for this contract action. The Government's obligation under this contract is contingent upon the availability of appropriated funds from which payment for contract purposes anticipated that once appropriation is enacted and the budget is received, funds will be provided.

1. BACKGROUND

The Internal Revenue Service (IRS) has an ongoing recurring integral purchase requirement in support of the Federal Tax Compliance initiative for these following name brand tax accounting software products along with its associated name brand software development services and support. This is a renewal to maintain the software, services, and support we currently utilize. The IRS mission is to provide America's Taxpayers top quality service by helping them understand and meet their tax responsibilities and by applying the tax law with integrity and fairness to all. In our global environment, Large Business and International (LB&I) works in partnership with taxpayers to develop strategies, integrate technology, and enhance business processes that unilaterally improve compliance with federal tax laws.

2. SCOPE

Use of the Bloomberg Bureau of National Affairs, (BBNA), tax software is a LB&I business initiative to better identify, select, and deliver work constituting the highest compliance risk. Utilization of the BBNA tax software makes the IRS more responsive to taxpayer’s needs while simultaneously improving customer service and compliance.

It enhances our examination performance as corporate tax returns grow in number and complexity through these benefits:

• work cases more efficiently and effectively,

• increasing engagement of our taxpayers,

• improved leverage of technology and data to resolve casework quickly

• improving taxpayer communications and collaboration

3. APPLICABLE DOCUMENTS

The Contractor shall comply with Government-wide and Bureau-specific policies, including but not limited to the following:

Internal Revenue Manual (IRM) 10.23.2 Internal Revenue manual (IRM) 10.23.3 Homeland Security Presidential Directive (HSPD) 12

The IRS, upon request, will make available these documents. The Contractor shall comply with all new versions, amendments, and modifications made to the above-mentioned documents/standards, if and when they become applicable in the future.

4. SPECIFIC TASKS

The following BBNA software products and services are required:

1. BBNA Corporate Tax™ Analyzer (CTA) (Single-user) renewals of perpetual licenses each for up to 750 individual licenses use rights.

2. BBNA Income Tax™ Planner (ITP) (Single-user) renewals of perpetual licenses each for up to 175 individual licenses use rights.

3. BBNA software combined user and technical support (ITP/CTA Technical Support

(HELPDESK) for each user for up to 925 licensed users. Contractor shall provide a statement to list and demonstrate the technical support they provide at no additional cost to commercial license holders/users.

a. Help Desk Support - The Contractor shall provide a single toll-free telephone number to the IRS, for help desk support. All help desk calls must be resolved within 24 clock hours. All help desk support personnel will be subject to background investigations. All help desk support personnel will be required to sign a disclosure statement. New personnel shall not be able to possess or use IRS equipment, hardware, or software until Interim Staff-like Access is issued by the National Background Investigation Center (NBIC), granting temporary interim access. Individual licensed users shall be able to contact the help desk directly. (Direct Support for Licensed End Users) Continued usage of BBNA's dedicated Technical Support 1-800 number. The Contractor shall provide level 2 and level 3 technical support services (Support) for the software acquired under this order.

4. BBNA IMS Tax Engine Middleware Maintenance (including e-file). This includes custom IRS upgrades and modifications to the Tax Engine Middleware Plug-in as necessary to integrate IRS Issue Management System Support and the latest version of ITP/CTA that is distributed to the IRS within the fiscal year (inclusive of IRS Issue Management System functionality) as described in the following paragraphs.

5. BBNA IMS Tax Engine Middleware technical support assistance for IRS proprietary customized IMS Tax Engine Middleware (IMS M) Plug-In software use that is currently deployed in the IRS IMS production environment. This includes all Contractor services except for the middleware user support assistance stated in the preceding items: i.e., consulting, on site visits, instruction, skill development work and materials necessary to complete the BBNA software support work statement requirements.

Pricing for the required products and services shall include continuation of IRS proprietary software or middleware custom development and maintenance that integrates the latest BBNA ITP/CTA software versions distributed to the IRS each fiscal year with both:

a) the IRS Issue Management System (IMS). IMS is a large case main audit reporting program used throughout the IRS large case division. This task is referred to as the IMS Middleware (IMS M) software. This also includes the BBNA customized IMS Adaptor that imports Extensible Markup Language (XML) tax return data into BBNA CTA thorough the use of IRS Large Business (LB&I) Issue Management System (IMS). IMS is LB&I’s main audit reporting program and is used by most LB&I Agents, Managers, Examining Technician and Secretaries.

b) the IRS Tax Engine. This is referred to as the Tax Engine Middleware Plug-in. It is necessary to integrate IRS Issue Management System Support with the latest version of ITP/CTA that is distributed to the IRS during each fiscal year.

Continue integration of the BBNA CTA software product to add or enable:

• IRS Agent reports and log files, thereby it becomes more useful to the IRS.

• direct importation of files in Extensible Markup Language (XML) format including those maintained within IRS tax returns. Some specific examples are electronic E-file returns and corporate returns. The Large Business and International (LB&I) Imaging Network (LIN) is the system in which LB&I maintains these e-file returns.

BBNA CTA software has been customized to import return information directly from the IRS LIN system. Direct importation of tax returns prevents manual return entry errors as corporate returns are quite large and a simple number transposition can cause serious problems with tax computations and reporting.

5. Software and Version Control

The Contractor shall be responsible to provide and to ensure that all software, access license use rights and maintenance is included.

Unless directed otherwise by the Government, the software shall be the most current version commercially available, in the most comprehensive package available, including current updates of all types. All software provided must be true and complete copies including copyright and trademark notices. Products are considered commercially available when available through the Manufacturer’s authorized replicator, or available for commercial sale to the general public, whichever occurs first.

In the event the Manufacturer enhances, modifies, breaks out, or changes in any way, a software product, including the name the product, the Contractor shall be responsible to provide that feature to the Government and include it with the applicable software and license use rights.

6. Media Installation and Right to Copy

The Contractor and Manufacturer shall provide rights to install all products offered, to the Government and any Contractor, supplier or distributor if necessitated by the Government.

The Government shall have the rights to copy and distribute all media and documentation provided. The Government shall have the right, as well as the right to assign the duties, to make copies as deemed necessary. In addition, the Government shall have the right to make copies and distribute the software by any means deemed appropriate. Distribution will be through hard copy media or electronic download.

The Government shall have the right to have a third-party copy, t o distribute and load all software on workstations. The Government shall have the right to have a third party distribute documentation.

The Contractor shall provide software that does not require code keys to install, update or reproduce the software.

7. License Needs

The IRS has a need to acquire the ongoing license use rights, media and documentation for the Software Manufacturer’s software products.

Software maintenance, upgrades and updates are to be included with the license use rights. Software provided shall be the most current commercial version available. The government will have the right to reduce or increase the quantity of licenses under the contract at any time based on federal regulations and needs and without limits.

8. Flexibility in adding and reducing number of licenses

The IRS may reduce the number of licenses or acquire additional licenses of the Commercially Available Software and the end user support of t hose licenses at the stated price in whatever quantities it determines necessary to meet the IRS mission. This shall include provision of media. The IRS will notify the Contractor in writing a minimum of 60 days prior to a contract term adjustment decrease in the licenses of Commercially Available Software. A corresponding adjustment shall also be made to the associated technical support services, such as Help Desk Support.

9. License Transfer Rights

The Government will have transfer rights for all software, license use rights, and maintenance from any workstation or server installed/assigned.

10. Rights to Data

Due to the nature of the IRS mission, with the exception of Commercially Available Software and the Tax Engine Middleware Plug-in, all data, or hardware used in its mission is the property of the IRS.

This includes IRS-specific fixes, scripts, and patches developed in performing Contracts under this contract; and, the Contractor shall provide the source code for such IRS-specific fixes, scripts, and patches to the Contract Program Manager or Government Task Manager and to the COR.

Contractor will grant IRS a non-exclusive, perpetual, fully paid-up license to use, reproduce and modify such materials solely for its internal governmental operations and without any obligation of accounting or payment of royalties.

Contractor shall not utilize or disclose any information pertaining to this contract without the prior written consent of IRS Contracting Officer.

Contractor shall utilize all Government furnished data in a 100% secure manner and shall delete that data after its use. The Government may issue, if absolutely necessary, its data temporarily for development and testing of the middleware and IMS.

Government-furnished-information. It is anticipated that Government-furnished information (GFI), such as test data, will be required for contractor performance after the award. The availability of this information and the required Task timing to meet schedules required for contractor's performance have been reviewed and determined that no apparent problems exist that will hinder successful performance by the prospective contractor. GFI will be issued to contractors at the discretion of the IRS Management and controlled. GFI will be monitored, tracked, and controlled using the format below and maintained by the Contract Program Manager.

The one-year contract work statement lists that Government furnished information may be provided if required and necessary when requested and approved by Program

Management. That is information needed only for software test and problem resolution issues. It will be provided only when software incidents require it for testing or to identify and track software debugging.

11. Updating of Government’s Tax Engine Middleware Plug-in

Tax Engine Middleware Plug-in shall be updated and modified to integrate E-file Support each t ime the latest version of BBNA CTA that is distributed to the IRS within the Period of Performance and at a minimum shall be updated at least once during the Period of Performance.

12. CD-Media Needs

For their workstations, the IRS needs up to 25 CTA and up to 4 ITP CD-media (media only). This is to update the software currently in use (as necessary) and for significant updates throughout the life of this contract. The Contracting Officer will provide quantities and shipping locations necessary in written form. In the event the Contractor discontinues the production and fulfillment via CD Media, it shall provide the IRS with an alternative ability to receive updates (e.g., web downloads, transmission via secure ftp.)

13. Manufacturer Software Schema Meetings and Other Requirements

The IRS has a need for the understanding and use of the Software Manufacturer Schemas. To meet this need, representatives from the IRS and the Software Manufacturer shall meet at least once a year to discuss the schemas. The meetings will be established by the IRS and are not expected to exceed three hours in duration. The Software Manufacturer shall have knowledgeable personnel present. Meetings are to be held in the Washington D.C., metro area, at a location convenient to all parties. In addition, at the option of IRS, conference call meetings can be held.

Contractor responsibility encompasses all aspects of providing a fully working accurate system and managing all aspects of the contract delivery programs.

The Contractor shall provide appropriate specialists that can perform the work activities of this CONTRACT at any of the locations listed herein. Skilled technicians must be accessible throughout the duration of the performance period of this CONTRACT.

All functions and activities shall be work statement driven and work performed shall be in accordance with all applicable regulations and guidelines. The Contractor shall assume full responsibility for all workload no later than 30 days after the issuance of the Contract, as required. As required in specific Contracts, IT specialists shall possess developer certifications in their specialty area.

At the Contract start the Contractor shall develop a work plan and schedule and submit it to the Federal Acquisition Certified Contracting Officer’s Representative (FAC-COR) or the IRS Contracting Officer (CO) for approval prior to beginning work. This is due 10 business days after award.

The IRS shall issue a fixed price Contract for programs and projects based on the requirements of the Work Statement.

Contractor shall take all steps necessary to ensure that the Government’s equipment/software is operational prior to closing an incident.

Contractor shall manage the CONTRACT so that services are available as required by the government. In addition, Contractor shall track and manage their contractor personnel assigned to Contracts to ensure the Contractor is fully knowledgeable about the status and work of each during responses to IRS incidents or work requests.

Contractor shall coordinate a Monthly Program Management Call. This will include the contractor, IRS COR, and IRS Task Manager(s). The call will be used to discuss any open work requests, issues or concerns and overall performance.

IRS information (such as Program Manager name(s) and contact information, IRS Area) will be communicated to the Contractor by the IRS FAC-COR or delegated IRS government staff.

The cost for the Program/Contract is fixed regardless of the number of Services (Incidents) or support within the given year.

14. Incident Close Out Report

To ensure quality control, upon the completion of an incident response or work request the contractor shall provide a completion report to the COR and Program Manager

15. Escalation Procedures

Contractor shall have escalation procedures in place in case they are unable to restore the system to proper operating condition within the required response time (This does not waive the contractor’s responsibility to meet the requirements of this CONTRACT).

A copy of these procedures must be provided to the IRS. In conjunction with the Contractor, the IRS reserves the right to add, delete or modify these procedures as necessary.

16. Contract Close-out

It is the intention of the IRS to perform close-out procedures on this Contract. The Contractor agrees to perform those internal functions necessary to support this process in a timely manner. Order closeout will occur as soon as possible after performance of the Contract.

17. Transition/Phase Out and Phase In

At the conclusion of the CONTRACT, if appropriate, a transition phase will start no later than days prior to the expiration date of this CONTRACT. The Contractor shall remain responsible for the full performance of all efforts identified in this Work Statement and will cooperate fully with the UNS staff and/or the new incumbent Contractor.

The IT products of IRS-related work are the property of the U.S. Government, regardless of the ownership of the automation hardware or software used to create the products.

The Contractor shall fully cooperate in providing all documentation and data identified by the government as government owned information.

All reports, charts, logs, and maps shall become the property of the U.S. Government upon completion or termination of the CONTRACT and shall be available for inspection by the Government upon request at any time during the performance period. Any Government publication provided to the Contractor during its performance under this CONTRACT shall be returned to the Government. Manufacturer’s brochures and warranty materials obtained by the Contractor, incidental to the performance of the Work Statement, shall be turned over to the Government upon completion or termination of the CONTRACT. Records relating to the normal accomplishment of a task or a mission are required to be filed by the respective CONTRACT paragraph number in chronological order.

18. Acceptance Criteria for Deliverable

The Contractor shall report to the COR and Program Manager when deliverables are completed. Contracting Officer’s Representative (FAC-COR) and Program/Task Manager (delegated official) shall issue acceptance for each deliverable and upon the successful completion of each task. The acceptance date shall be the day the final deliverable is accepted by the Government or the date the task was successfully completed.

If the Contractor has not been notified of any discrepancies within ten (10) business days after submission of the delivery or successful completion of the task, then the deliverable or task shall be considered accepted.

19. DELIVERABLES AND DELIVERY SCHEDULE

Monthly Contract Status Report

Contractor shall provide to the IRS FAC-COR and the IRS Program Manager the Monthly CONTRACT Status Report no later than the day before the Contract Program

Management Meeting. It shall contain only contractor work items accomplished for the reporting month. The IRS and contractor shall agree to a format within 14 business days of award of this CONTRACT. All electronic submissions of the Monthly CONTRACT Status Reports shall be provided using Microsoft Office products in accordance with the 508 compliant requirements.

The Contractor shall provide a monthly Contract Status Report detailing:

Performance against the requirements;

t r a n s Type and number of service incidents provided (i.e. installation, move, add, change Status of all active work requests

Quarterly Contract Program Management Meeting This can be fulfilled by a conference call at a scheduled time agreeable to all parties.

IRS MANAGEMENT PLAN The Contractor shall provide to IRS a MANAGEMENT PLAN with which to manage all the contract deliverables and tasks. This plan must provide appropriate program and project management information and reporting systems to define program and project costs, schedules, and deliverables. The Contractor shall maintain and update the plan and make changes as necessary as dictated by each contract deliverable and task. The performance of contract deliverables and tasks pursuant to this CONTRACT shall be in accordance with the Contractor's best corporate business practices as set forth in the contractor's proposal and accepted in the

CONTRACT.

Acceptance Criteria for Deliverables

The Contracting Officer’s Representative (FAC-COR) and Program/Task Manager (delegated official) shall issue acceptance for each deliverable and upon the successful completion of each task. The acceptance date shall be the day the final deliverable is accepted by the Government or the date the task was successfully completed.

If the Contractor has not been notified of any discrepancies within ten (10) business days after submission of the delivery or successful completion of the task, then the deliverable or task shall be considered accepted.

Hard Copies Written deliverables regarding the CONTRACT shall be submitted to the Contracting Officer, FAC-COR and the IRS CONTRACT Program Manager electronically (Microsoft Word or other Microsoft format, as determined by the FAC-COR).

20. GOVERNMENT-FURNISHED EQUIPMENT

Item

Quantity

Laptop with Windows 10 OS or later

1 per Contractor employee (Limit 5) Software for each distributed laptop:

Common Operating Environment Software

(COE)

IRS MS Outlook Account

IRS Enterprise Remote Access Software

Contractor ID Badge or SmartID when actually needed

Contractor Building Access/Proximity Card

Skype

Office Space (Desk, Chair, Standard Office Equipment)

Microsoft: Word, Excel, PowerPoint, Project Access

Telephone With voice mail

21. PLACE OF PERFORMANCE

Software will be used primarily on Government workstations, at various locations. The Government has the right to use of the software on any Government and non- Government workstation as long as it is in accordance with and support of the IRS Mission.

22. PERIOD OF PERFORMANCE

The anticipated period of performance will be October 1, 2019 – September 30, 2020.

23. INSPECTION AND ACCEPTANCE

Contractor shall monitor Contractor work and perform required inspections and testing necessary to substantiate that the services furnished under this CONTRACT conform to CONTRACT requirements, including any applicable technical requirements for specified manufacturer’s parts. The Contractor-performed inspections are independent of those performed by the IRS. The Contractor shall perform these inspections prior to requesting acceptance of the work by the IRS.

IRS will inspect the work performed by the Contractor on an on-going, random basis. All services provided will be subject to inspection and signed acceptance by the customer or designated IRS personnel. Performance records may be evaluated by IRS Task Program Manager and COR. Performance reviews may be conducted on an as-needed basis to address deficiencies.

Contractor shall correct and make good, without additional cost to the government, work rejected by the incident ticket customer, the IRS Task Manager (or delegated official) who assigned the work, or the IRS FAC-COR.

23. Contract Type: The contract type is a Firm Fixed Price contract.

24. WORK HOURS

Hours of Operation shall be normal business hours of 8 AM to 5 PM Monday through Friday

25. SECURITY

The contractor shall adhere to Section 3 in this Performance Work Statement and the IRS and Treasury Security clauses detailed herein, such as:

Internal Revenue Manual (IRM) 10.23.2 Internal Revenue manual (IRM) 10.23.3 Homeland Security Presidential Directive (HSPD) 12

26. PERFORMANCE STANDARDS:

The contractor must comply with the performance standards established in the “Performance Requirements Summary” (PRS) below. The PRS establishes the foundation by which the COR’s Quality Assurance Surveillance Plan (QASP) will be prepared as the standard to measure the Contractor’s performance as stated in the delivery and/or Contracts.

Administrative Deliverables-Performance Requirements with their Metrics, (RPM)

Required Service

Perform ance Standar ds

Acceptable Quality Levels

Method Of

Surveillance

Incentive (Negative Impact on Contractor Performance

Quarterly Tele-conference Executive Briefing

Contractor shall coordinate quarterly briefing teleconference as outlined in the technical approach 90 days ARO and Quarterly thereafter. An electronic invitation shall be sent to schedule the meeting and include both the CO and COR.

Contractor electronic invitation shall all pertinent quarterly

95% of all recent information

100%

Documen t Review

Contractor

Performanc e

Invoicing Invoices are received by the by the 10th of the month for the prior month’s services.

The Invoice for services will be rejected if the following do not appear on the invoice: contractor name, contractor employee name, labor category, dates and total amount for that contractor.

90%

Document Review

Performance

Monthly Technical Summary

Status Report

The Monthly Technical Summary Report shall be submitted 5 days After Receipt of Order (ARO) and by the 30th of each month thereafter for the prior month of support and shall contain: (1) Description of Services, (2) Service Summary Status, a summary and status of work - performed for the time frame of the report for tasks completed during the reporting period; issues encountered; risks to successful implementation;

mitigation strategy for risks; problems or constraints for completing any of the requirements;

suggested solutions to problems or constraints;

status of open items from pre io s report(s)

Contractor Staff Security

List of employee staff-like access is correct and complete at end of each quarter of Government business calendar.

Reinvestigation requests are submitted 120 business days prior to expiration of staff-like access.

Contractor shall be in compliance with Internal Revenue Manual (IRM)

10.23.2. This includes the

requirement from Treasury Directive 71-10 that all contractors working on a Treasury (or IRS) contract must be U.S. citizens or permanent residents.

Docu-ment

Perform ance

Back-ground investigati on Forms

5 business days of IRS acceptance of proposed

Contractor employee.

Mandatory

IT

Training

Contractor employees complete the annual mandatory Contractor IT Security training by the completion date set by IRS.

(Annually, usually by April

30)

Docume nt

Performan ce

27. TRAVEL

Local travel is defined as travel within 50 miles of an employee’s main office location within the Washington, D.C. Metropolitan Area or locality in which the contractor and/or offeror’s office are located. Local travel, including mileage, parking, etc., will not be reimbursed.

28. Section 508

IR1052.239-9000 Section 508 Information, Documentation and Support (MAY 2018) In accordance with 36 CFR, Appendix C to Part 1194, the information and communication technology (ICT) products and product support services furnished in performance of this contract shall be documented to indicate the current conformance level with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, and the Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards. At no time during the performance of the award shall the level of conformance go below the level of conformance in place at the time of award. At no additional cost, the contractor shall provide information, documentation, and support relative to the supplies and services as described in the Performance Work Statement.

The contractor shall maintain this detailed listing of compliant products for the full contract term, including forms of extensions, and shall ensure that it is current within five calendar days after award and within three calendar days of changes in products being utilized as follows:

_X__ Chapter 6: Support Documentation and Services

_X__ 601 General _X__ 601.1 __X_ 602 Support Documentation __X_ 602.1 __X_ 602.2 __X_ 602.3 __X_ 602.4 __X_ 603 Support Services __X_ 603.1 __X_ 603.2 __X_ 603.3

IR1052.239-9001 Section 508 Conformance (MAY 2018)

Each information and communication technology (ICT) product and/or product related service delivered under the terms of this contract, at a minimum, shall conform to the applicable accessibility standards at 36 CFR, Appendix C to Part 1194 at the level of conformance as specified below. The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the ICT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

a) The following technical standards have been determined to be applicable to this contract. These following required 508 provisions must be met at a minimum:

https://www.section508.gov/content/is-it-ict https://www.section508.gov/content/is-it-ict https://www.section508.gov/content/is-it-ict https://www.section508.gov/content/is-it-ict

_X__ Chapter 3: Functional Performance Criteria _X__ 301 General _X__ 301.1

_X__ 302 Functional Performance Criteria _X__ 302.1 _X__ 302.2 _X__ 302.3 _X__ 302.4 _X__ 302.5 _X__ 302.6 _X__ 302.7 _X__ 302.8 _X__ 302.9 ___ Chapter 4: Hardware ___ 401 General ___ 401.1

___ 402 Closed Functionality ___ 402.1 ___ 402.2(1-6) ___ 402.3 ___ 402.4 ___ 402.5 ___ 403 Biometrics ___ 403.1

___ 404 Preservation of Information Provided for Accessibility ___ 404.1 ___ 405 Privacy ___ 405.1

___ 406 Standard Connections ___ 406.1 ___ 407 Operable Parts

___ 407.1 ___ 407.2 ___ 407.3 ___ 407.4 ___ 407.5 ___

407.6 ___ 407.7 ___ 407.8

___ 408 Display Screens ___ 408.1 ___ 408.2 ___ 408.3 ___ 409 Status Indictors ___ 409.1 ___ 410 Color Coding ___ 410.1 ___ 411 Audible Signals ___ 411.1 ___ 412 ICT with Two-Way Communication

___ 412.1 ___ 412.2 ___ 412.3 ___ 412.4 ___ 412.5 ___

412.6 ___ 412.7

___ 413 Closed Caption Processing Technologies ___ 413.1 ___ 414 Audio Description Processing Technologies ___ 414.1 ___ 415 User Controls for Captions and Audio Descriptions ___ 415.1

_X__ Chapter 5: Software

_X__ 501 General _X__ 501.1 _X__ 502 Interoperability with Assistive Technology _X__ 502.1 _X__ 502.2 _X__ 502.3 _X__ 502.4(A-G) _X__ 503 Applications _X__ 503.1 _X__ 503.2 _X__ 503.3 _X__ 503.4 _X__ 504 Authoring Tools _X__ 504.1 _X__ 504.2 _X__ 504.3 _X__ 504.4

_X__ Chapter 6: Support Documentation and Services _X__ 601 General

_X__ 601.1 _X__ 602 Support Documentation _X__ 602.1 _X__ 602.2 _X__ 602.3 _X__ 602.4 _X__ 603 Support Services _X__ 603.1 _X__ 603.2 _X__ 603.3

_X__ Chapter 7: Referenced Standards _X__ 701 General

_X__ 701.1 _X__ 702 Incorporation by Reference

_X__ 702.1 ___ 702.2 _X__ 702.3 _X__ 702.4 ___ 702.5 ___ 702.6 ___ 702.7 ___ 702.8 ___ 702.9 _X__ 702.10

(End of clause)

IR1052.239.9002 Section 508 Services (MAY 2018) All contracts, solicitations, purchase orders, delivery orders and interagency agreements that contain a requirement of services which will result in the delivery of a new or updated information and communication technology (ICT) item/product must conform to the applicable provisions of the appropriate technical standards in 36 CFR, Appendix C to Part 1194, and functional performance criteria in 36 CFR Chapter 3, unless an agency exception to this requirement exists at E202 General Exceptions .

The following technical standards and provisions have been determined to be applicable to this contract:

___ Chapter 4: Hardware ___ 401 General ___ 401.1 ___ 402 Closed Functionality ___ 402.1 ___ 402.2(1-6) ___ 402.3 ___ 402.4 ___ 402.5 ___ 403 Biometrics ___ 403.1

___ 404 Preservation of Information Provided for Accessibility ___ 404.1 ___ 405 Privacy ___ 405.1 ___ 406 Standard Connections ___ 406.1 ___ 407 Operable Parts ___ 407.1 ___ 407.2 ___ 407.3 ___ 407.4 ___ 407.5 ___ 407.6 ___ 407.7 ___ 407.8 ___ 408 Display Screens ___ 408.1 ___ 408.2 ___ 408.3 ___ 409 Status Indictors ___ 409.1 ___ 410 Color Coding ___ 410.1 ___ 411 Audible Signals ___ 411.1 ___ 412 ICT with Two-Way Communication ___ 412.1 ___ 412.2 ___ 412.3 ___ 412.4 ___ 412.5 ___ 412.6 ___ 412.7 ___ 413 Closed Caption Processing Technologies ___ 413.1 ___ 414 Audio Description Processing Technologies ___ 414.1 ___ 415 User Controls for Captions and Audio Descriptions ___ 415.1 _X__ Chapter 5: Software _X__ 501 General _X__ 501.1 _X__ 502 Interoperability with Assistive Technology _X__ 502.1 _X__ 502.2 _X__ 502.3 _X__ 502.4(A-G)

_X__ 503 Applications _X__ 503.1 _X__ 503.2 _X__ 503.3 _X__ 503.4 _X__ 504 Authoring Tools _X__ 504.1 _X__ 504.2 _X__ 504.3 _X__ 504.4 _X__ Chapter 7: Referenced Standards _X__ 701 General _X__ 701.1 _X__ 702 Incorporation by Reference _X__ 702.1 ___ 702.2 _X__ 702.3 _X__ 702.4 ___ 702.5 ___ 702.6 ___ 702.7 ___

702.8 ___ 702.9 _X__ 702.10

The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the ICT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

The following functional performance criteria (36 CFR Chapter 3) apply to this contract.

_X__ Chapter 3: Functional Performance Criteria _X__ 301 General _X__ 301.1 _X__ 302 Functional Performance Criteria _X__ 302.1 _X__ 302.2 _X__ 302.3 _X__ 302.4 _X__ 302.5 _X__ 302.6 _X__ 302.7 _X__ 302.8 _X__ 302.9

29. HOURS OF OPERATION

(A) The Contractor shall establish a standard holiday schedule that coincides with the Government's schedule for employees working on a Government site(s). All Government offices will be closed, except for minimum essential personnel required for in-house operations, during Federal holidays. Except as otherwise specified, the Contractor shall not schedule or conduct routine work that requires Government personnel to participate on Federal holidays. Holidays observed are listed below. Holidays and other non-work days are not billable unless work is requested by the Government and performed on these days. The Government hereby provides notice and Contractor hereby acknowledges receipt that Government personnel observe the below listed days as holidays. The following is a list of Government holidays:

• New Year's Day;

• Martin Luther King's Birthday;

• President’s Day;

• Memorial Day;

• Independence Day;

• Labor Day;

• Columbus Day;

• Veterans' Day;

• Thanksgiving Day;

• Christmas Day

When such holidays fall on a Saturday, the preceding Friday will be considered the holiday. When such holidays fall on a Sunday, the succeeding Monday will be considered the holiday.

(B) No work shall be performed by Contractor personnel on Federal holidays or other non-work days without prior written approval of the Contracting Officer Representative.

(C) Work performed on holidays, weekends, or other non-work days shall be billed at the "normal" unit prices.

(D) 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 a fully executed Order from the CO. Non-work due to the Government closing its facility (ies) is not an expense directly reimbursable to the Contractor.

30. CONTRACT ADMINSITRATON OFFICE

(a) The Contractor must use one of the following Government contacts, as applicable, as the focal point for all matters regarding this contract:

(1) Internal Revenue Service Contracting Officer: The name, address and telephone number of the BPA’s Contracting Officer (CO) is as follows:

Internal Revenue Service Office of Procurement OS:PR:I:C, Stop C7-430 ATTN: Justin C. DeWitt, Contracting Officer 5000 Ellin Rd.

Lanham, MD 20706 240-613-7333 Justin.C.DeWitt@irs.gov

(b) Written communications must make reference to the contract number and task order number (if applicable), and must be mailed to the above address.

(c) The CO, in accordance with Subpart 1.6 of the FAR, is the only person authorized to make or approve any changes to any of the requirements of the contract or any task order issued there under, and notwithstanding any clauses contained elsewhere in this RFP or contract, such authority remains solely with the CO. In the event the Contractor makes any changes at the direction of any person other than the CO, the change will be considered to have been made without authority and no adjustment will be made in the contract or task order price to cover any increase in cost incurred as a result thereof.

Notwithstanding anything to the contrary contained in the contract or any task order issued there under, the CO shall be the only individual authorized to accept nonconforming work, waive any requirement of the contract, and/or modify any term or condition of the contract or task order(s) issued there under. The CO is the only individual who can legally obligate Government funds. No costs chargeable to any task order issued under the contract can be incurred before receipt of a fully executed task order or specific authorization from the CO.

31. 1052.201-70 CONTRACTING OFFICER′S REPRESENTATIVE (COR)

APPOINTMENT AND AUTHORITY (APR 2015)

(a) The COR is TBD.

mailto:Justin.C.DeWitt@irs.gov mailto:Justin.C.DeWitt@irs.gov

(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” 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.”

32. INVOICING AND PAYMENT INSTRUCTIONS

Payment shall be made in accordance with the delivery of services requirements as specified in the individual task orders. Invoice Submittal Requirements are as follows:

32.1 DTAR 1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS

(APR 2015)

Send Electronic Invoices to: www.ipp.gov

(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.

32.2 IR1052.232-7003 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

FOR THE INVOICE PROCESSING PLATFORM (IPP) (JUL 2015)

(a) Definitions:

"Short payment" as used in this clause means an invoice that includes the cost or price for supplies or services delivered or performed, as well as the cost or price for supplies or services not yet tendered to the Government in accordance with the terms of the contract, order or agreement.

“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 Contractor 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 Contractor for the items delivered and instructed the Contractor 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 Contractor needs to submit an invoice for only the items received by the IRS (in this case, 50%), and, assuming that these items meet all other contract terms and conditions, the IRS will pay the invoiced amount. The Contractor 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 through the IPP will be mandatory for all http://www.ipp.gov/ http://www.ipp.gov/ 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 at ippgroup@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

Contractor invoices submitted electronically through the IPP should be in the proper format and contain the information required for payment processing. In order to be approved for payment, a “proper invoice” must list the items specified in FAR 52.232-25 (a)(3)(i) through (a)(3)(x), or in the case of a Commercial Item Contract, the items included in 52.212-4(g)(1)(i) through (g)(1)(x).

If the Contractor is offering a discount via the IPP, the discount must be reflected on the invoice. The Contractor will select 'Create Invoice'. The IPP system will default to ‘Net 30 Prompt Pay’ under the Payment Terms dropdown box. The Contractor will select from 54 different discount options for the invoice that is being created. If the Contractor 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 form included as an attachment to this clause.

The Contractor 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 Contractor submits to the payment office or the invoice will be returned.

(g) Short Payment

Short payment on Contractor 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 Contractor unpaid.

(End of Clause)

33. NON-DISCLOSURE AGREEMENTS

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 or any of its subcontractors or subcontractor personnel 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 ten 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

Contracting Officer (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 and all employees, agents, subcontractors and subcontractor personnel who will have access to documents or data provided by IRS or another IRS contractor or such other Treasury contractor’s subcontractor(s) (at any tier) during the performance of their duties under the contract must execute a Non-Disclosure Agreement and return it to the CO before being given access to such information or documents. The Contractor shall use the NDA – Attachment 5 of this contract to comply with this requirement.

34. 1052.210-70 CONTRACTOR PUBLICITY (APR 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the supplies or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer. Should any reference to such supplies or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part of the evaluation of past performance.

35. IR1052.239-9007 Staff-Like Access, Use or Operation of IRS Information Technology (IT) Systems by Contractors (Jul 2019)

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.