Request_for_Proposals_(RFP)_2032H8-19-R-00024.pdf

PROCUREMENT SENSITIVE

FOR OFFICIAL USE ONLY

Internal Revenue Service (IRS) Chief Counsel Office (CCO)

Vehicle Mileage Rate Study and Registration Data

Request for Proposals (RFP) Number 2032H8-19-R-00024

Issued on FEDBIZOPPS

Agency Contact: Mathew Nelker, Contracting Officer Mathew.Nelker@irs.gov

Wayne Plummer, Contract Specialist

Wayne.S.Plummer@irs.gov mailto:Mathew.Nelker@irs.gov mailto:Wayne.S.Plummer@irs.gov

DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE

Washington, D.C. 20224

August 23, 2019

TO: FBO Vendors

FROM: Wayne Plummer

Contract Specialist Internal Revenue Service

OS: A: P: B: B: B

5000 Ellin Road Lanham, Maryland, 20706

SUBJECT: Request for Proposals (RFP) 2032H8-19-R-00024 for “Vehicle Mileage Rate Study and Registration Data.”

This acquisition is in accordance with FAR Part 15. The purpose of the subject solicitation is to request a proposal from FedBizOpps vendors for the “Vehicle Mileage Rate Study and Registration Data” for the IRS Office of Chief Counsel.

The solicitation is attached which contains in SECTION I, the Performance Work Statement (PWS), in SECTION II, the contract administration terms and conditions, in SECTION III, the contract clauses and provisions, in SECTION IV, the solicitation instructions, and in SECTION V, the basis for the award and evaluation criteria.

Attachment 1 – Past Performance Questionnaire Attachment 2 – Quality Assurance Surveillance Plan (QASP) Attachment 3 – Questions and Answers Form

Quotes are due to: Mr. Wayne Plummer Contract Specialist Wayne.S.Plummer@irs.gov Phone: 240-613-9363

Quotes are due by: September 12, 2013, at 4:00 PM EST

If you have any questions, please contact Mr. Wayne Plummer via e-mail. Offerors with questions must submit them electronically to the e-mail address contained herein as soon as possible and no later than August 28, 2013, at 8:00 AM EST. Any offeror unable or declining to respond to this RFP is asked to please send notification of such by e-mail to Mr. Wayne Plummer. Offers received after the due date and time will be considered late and will not be evaluated or considered for award.

The Government intends to award the resulting contract without holding any pre-award discussions with the offerors.

mailto:Wayne.S.Plummer@irs.gov

Table of Contents

PART I: PERFORMANCE WORK STATEMENT (PWS)

PART II: CONTRACT ADMINISTRATION – TERMS & CONDITIONS

PART III: CONTRACT CLAUSES AND PROVISIONS

PART IV: SOLICITATION INSTRUCTIONS

PART V: BASIS FOR THE AWARD AND EVALUATION CRITERIA

PART I: PERFORMANCE WORK STATEMENT (PWS)

1.0 GENERAL SCOPE OF WORK

For each calendar year (or portion of such year) the Internal Revenue Service (IRS) provides a national standard mileage rate that may be used by taxpayers to compute the deductible costs of operating passenger automobiles for business, charitable, medical or moving purposes. The use of the rate is optional and is deducted in place of the actual variable and fixed costs attributable to the use of an automobile. However, certain other expenses, such as parking fees and tolls, may be deductible in addition to the standard mileage rate.

The contractor shall obtain vehicle registration data and then conduct an annual mileage study and perform statistical analyses to determine the rate to recommend that the IRS adopt as the Optional Standard Mileage Rate that may be used to compute the deductible costs of operating an automobile. The contractor shall deliver two reports: a study report (including both a draft study report and a final study report) recommending the standard mileage rate, and a mid-year gasoline price report. The contractor shall also recommend possible changes to the Performance Work Statement (PWS) to better reflect the automobiles being driven and the costs of operating those autos.

2.0 DESCRIPTION OF REQUIRED TASKS

2.1 State-by-state vehicle registration data.

2.1.1 The contractor shall obtain state-by-state vehicle registration data in electronic format.

2.1.2 The data will be from recognized official bodies and national automotive trade associations and will be broken down by:

• Year

• State

• Vehicle type (e.g., car or truck)

• Vehicle make (e.g., Acura)

• Vehicle model (e.g., RSX)

• Vehicle segment (e.g., Basic Sporty)

An example of the data required for this purchase order:

VEHICLE YEAR STATE MAKE MODEL SEGMENT NUM_OF_RGST

CAR 2002 ALABAMA ACURA CL Basic Sporty 111 TRUCK 2002 ALABAMA ACURA MDX Sport Utility 481 CAR 2002 ALABAMA ACURA NS-X Presitige Sporty 1 CAR 2002 ALABAMA ACURA RL Mid Luxury 134 CAR 2002 ALABAMA ACURA RSX Basic Sporty 199

2.2 The mileage rate shall be based on a study of the cost of operating a “model” auto in each state and the District of Columbia ("state").

2.3 Determination of model auto and cost of operating the model auto.

2.3.1 The contractor shall determine the cost of operating a model auto based on a composite of the cost of operating at least eight “representative class categories” of autos used to represent the entire market. For example, the representative class categories of autos used for the 2012 final study report were 4-cylinder subcompact, 4-cylinder compact, 6-cylinder intermediate, 4- and 6-cylinder luxury, 6-cylinder minivan, 4-cylinder (small) sport utility vehicle, 6- and 8-cylinder (large) sport utility vehicle, and 8-cylinder pickup truck. The representative class categories, or the mix of sizes and types of autos, may vary as circumstances warrant. The contractor shall determine the number and type of representative class categories that, in the contractor's opinion, best reflect the balance of overall sales figures of automobiles for the study year.

2.3.2 The contractor shall determine the cost of operating each representative class category of autos by computing the costs of operating at least the three top selling vehicles (the “standard vehicles”) for each category for the current model year, and determining the arithmetic mean of the resulting computations. Each vehicle considered in the study shall be equipped with standard and optional accessories that are included by a substantial majority of customers (more than 60%) for that category of autos.

2.3.3 The contractor shall weight the cost of operating each representative class category of auto in each state by the market penetration of that representative class category in that state. The contractor then shall combine the weighted costs for each of the representative class categories in that state.

2.3.4 Each state’s weighted costs for all representative class categories of autos shall be weighted further by that state’s population of licensed drivers as a percentage of the national licensed drivers to provide the composite weighted vehicle cost for that state.

These composite weighted vehicle costs for each state are added to produce the final single nationwide cost for operating the model auto.

2.3.5 In determining the composite mileage rate of the “model” auto, the contractor shall consider the variable costs of gasoline, oil, maintenance and tires as set forth in paragraph 2.4 of this PWS, and the fixed costs of depreciation of the model auto (to the extent the cumulative deduction over the period of time set by paragraph 2.5.1 of this SOW does not exceed the cumulative deduction allowed under § 280F(a) for such period), insurance, license, and registration as set forth in paragraph 2.5 of this PWS, based on the “model auto” being driven 15,000 miles for the year. Excluded costs are parking fees, tolls, finance charges, sales or use taxes connected with the purchase of the model auto, and ad valorem or personal property taxes on the model auto.

2.4 Variable costs.

2.4.1 The contractor shall derive the cost of fuels from normal pump prices of regular grade unleaded gasoline sold by major brand gasoline service stations throughout each state, which shall reflect self-service prices except in states which require operator assistance. The contractor shall include applicable state retail sales and Federal excise taxes in determining the price of gasoline. The gasoline prices for the draft study report are to be those for the nine months of November of the year preceding delivery of the report through July of the year in which the final report is to be delivered; for the final study report, for the 12 months of November through October of the year in which the report is to be delivered. Gasoline prices for the mid-year gasoline price report are to be those for May of the year preceding delivery of the report through April of the year in which the report is to be delivered.

2.4.2 The contractor shall determine the standard mileage per gallon of gasoline of all the representative class categories of autos and then combine them to come up with standard mileage per gallon of gasoline of the model auto. The contractor shall take into consideration factors that affect operating performance. The contractor shall assume a blend of stop-and-go city type and open highway type of driving in making these determinations.

2.4.3 The contractor shall determine fuel per mile cost by dividing the normal fuel price per gallon by the standard mileage per gallon.

2.4.4 The contractor shall determine a cents-per-mile oil consumption cost allowance based on regular oil changes. The cents-per-mile oil consumption cost may be separately stated or included within the maintenance cents-per-mile cost.

2.4.5 The contractor shall determine a maintenance per mile cost based on the median expense of vehicle maintenance in each state (including, at the contractor's election, the cents-per-mile oil consumption cost). The maintenance cost shall include lubrication and all maintenance performed on the vehicle during the first 60,000 miles, with adjustments by state to be made to reflect differing costs of labor.

2.4.6 The contractor shall determine a tire per mile cost that shall cover the expenses of all radial tire replacements, repairs, and rotations, taking into account the different driving conditions in each state.

2.5 Fixed Costs.

2.5.1 The contractor shall determine the average annual depreciation calculated as the difference between capitalized cost and residual value on the basis of auto trade-ins at the end of four years, with 60,000 miles recorded on the odometer. Residual value may not be less than 30% of capitalized cost. The capitalized cost is to be determined in each state. The capitalized cost is to include the dealer base cost, freight from the factory, the additional cost of accessories and sales or use taxes connected with the purchase. This cost is then reduced by five percent to arrive at a final vehicle price.

This reduction may vary as circumstances warrant.

2.5.2 The contractor shall determine an annual insurance cost to be computed by using the current standard manual rate for driving 15,000 miles for the year by persons carrying personal insurance who are normal risks and are subject to normal premium levels. The insurance coverage normally is to include $250 deductible comprehensive, $500 deductible collision, $50,000 property damage, and $100,000/300,000 bodily injury. The universe of drivers in this group normally is married males who are 25 and older, unmarried females who are 20 and older and unmarried males who are 30 and older. Comparable insurance cost in any state where one or more of these limitations are not available shall be determined by using a higher limitation. The contractor shall take into account representative discounts for safety equipment, and other discounts as circumstances warrant.

2.5.3 The contractor shall determine the cost of annual state registration, certificate of title, and inspection (where incurred). Finance charges, sales or use taxes connected with the purchase of an auto, and ad valorem or personal property taxes are not to be included as separate items (see paragraph 2.5.1 of this PWS).

2.5.4 The contractor shall divide all annual fixed cost items by 15,000 miles to arrive at a cents-per-mile figure for each fixed cost.

3.0 DELIVERABLES

3.1 The contractor shall submit a mid-year gasoline price report by May 15th. The report shall contain the gasoline price data and per-mile fuel cost described in paragraphs 2.3.1 through 2.3.3 of PWS for the 12-month period beginning May of the year preceding delivery of the report through April of the year the report is to be delivered. It may be preceded by any preliminary report of nine or more of those months for approval of the format if desired.

3.2 The Study Report.

3.2.1 The contractor shall submit to the IRS each year a draft study report and a final study report, including statistical analyses, the particular cost per mile of each item from paragraph 2 of this PWS, and (in other than the first year of a contract with a new contractor) a supplementary analysis showing the rate resulting from the prior year’s methodology in the case of changes from the prior year in the methodology under paragraph 2 (other than changes to the model resulting from the standard vehicle selected for a representative class category).

3.2.2 The contractor shall submit a draft study report for IRS review by August 15th.

The draft shall include analyses of all fixed and variable costs except that fuel cost shall be limited to nine months as described in paragraph 2.3.1 of this PWS.

3.2.3 The IRS shall complete its review and provide any comments and recommended changes to the study report to the contractor by September 15th.

3.2.4 The contractor shall submit the final study report by November 10th. The final version shall include analyses of all fixed and variable costs including the cost of fuel for the 12 months described in paragraph 2.3.1 of this PWS.

3.3 The contractor shall study the Government’s methodology for conducting the study report. Then the contractor shall produce a report that either recommends improvements to the Government’s methodology or states that there are no recommended improvements. The methodology report is due on May 15th.

3.4 Deliverables shall be submitted to the IRS COR for this task order.

4.0 PERIOD OF PERFORMANCE

Base Period: 09/27/19 through 8/31/20 Option Year One: 09/01/20 through 8/31/21 Option Year Two: 09/01/21 through 8/31/22 Option Year Three: 09/01/22 through 8/31/23 Option Year Four: 09/01/23 through 8/31/24

5.0 KEY PERSONNEL

5.1 This task order shall be contingent upon acceptance of key personnel by the IRS and such essential personnel shall be expected either to remain in place or to be replaced with IRS approval under paragraph 5.2 of this PWS for the duration of the contract.

5.2 The contractor shall obtain the Contracting Officer’s written consent before removing, replacing, or diverting any of the personnel assigned to the positions. The contractor shall (1) notify the Contracting Officer and the COR reasonably in advance and (2) submit justification (including proposed substitutions) to the CO and the COR in sufficient detail to permit evaluation of the impact on this contract. All proposed personnel substitutions shall possess capabilities that equal or exceed the capabilities of the person to be replaced.

6.0 TYPE OF CONTRACT

This performance-based contract shall be a firm-fixed-price contract.

7.0 OPTION YEARS

7.1 The contract may be renewed by the IRS based upon adequate performance in the prior year of the performance-based standards described in section 8.0 of this PWS.

8.0 PERFORMANCE-BASED STANDARDS

Task Standard Acceptable Quality Level

Surveillance Method

Mid-year Gasoline Price Report

Time – Deliver no later than May 15th

No more than five business days late

100 % Inspection

Quality – Follows methodology in PWS – Deficiencies

– no major or minor deficiencies

No deficiencies

Develop Draft Report later than August 15th

No more than seven business days late

PWS – Deficiencies

– no major deficiencies and no more than 3 minor deficiencies

No more than 1 minor deficiency

Develop Final later than November 10th

No more than three business days late

PWS – Deficiencies

– no major deficiencies and no more than 1 minor deficiency

Methodology Improvement

Time – Deliver May 15th

No more than seven business days late

Quality – Meets standards in the

PWS

Definitions:

Major Deficiency: A major deficiency is any failure to supply the report or any component of the mileage rate.

Minor Deficiency: A minor deficiency is either any failure to add up correctly the components of the mileage rate or any deficiency in explaining any component in their report.

PART II- CONTRACT ADMINISTRATION – TERMS & CONDITIONS

1.AUTHORITY – CONTRACTING OFFICER, CONTRACTING OFFICER’S

REPRESENTATIVE AND CONTRACTOR’S PROJECT MANAGER.

Contracting Officer

a. The Contracting Officer for this action is:

Mathew Nelker, IRS, OS:PR:B:B:B Telephone: 240-613-8224 E-Mail: Mathew.Nelker@irs.gov

The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this contract, and notwithstanding any clauses contained elsewhere in this contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direct of any person other than the Contracting Officer, the change will be considered to 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.

Contracting Officer’s Representative

b. The Contracting Officer’s Representative (COR) for this contract is: TBD

The COR will represent the Contracting Officer in the administration of technical details within the scope of this contract. The COR is also responsible for the final inspection and acceptance of al reports, and such other responsibilities as may be specified in the contract. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have authority to alter the Contractor’s obligations or to change the Task Order specifications, terms and conditions or other factors that will affect Price, Time and deliverables. If, as a result of technical discussions, it is desirable to modify Task Order obligations or the Performance Work Statement, changes will be issued in writing and signed by the Contracting Officer.

The COR assignment for this Task Order may be changed at any time by the Government without prior notice to the Contractor. The Contractor will be notified of the change.

mailto:Mathew.Nelker@irs.gov

Contractor Project Manager

c. The Contractor’s designated Project Manager for this task order is: TBD

The Contractor’s project manager shall have the authority to make any no-cost technical, hiring and dismissal decisions. The Project Manager shall be responsible for the overall management and coordination of this task order 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 designated representative shall respond within four business hours after notification of the existence of a problem. The Project Manager shall be able to fluently read, write and speak the English language.

2. PERIOD OF PERFORMANCE

Base Period: 09/27/19 through 8/31/20 Option Year One: 09/01/20 through 8/31/21 Option Year Two: 09/01/21 through 8/31/22 Option Year Three: 09/01/22 through 8/31/23 Option Year Four: 09/01/23 through 8/31/24

3. PAYMENT SCHEDULE

A payment schedule will be specified at task order award.

4. INVOICES

a) Invoices shall be submitted through the Invoice Processing Platform (IPP) at www.ipp.gov. For further instructions, please see IRSAP Clause IR1052.232-9001 – Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP) (MAY 2018) located in PART III.

b) To constitute a proper invoice, the invoice must include the following information and/or attached documentation:

• Name of the business concern and invoice date;

• Contract number, and/or delivery order number, or other authorization for delivery of property or performance of services;

• Type and description, Contract Line Item Number (CLIN), price and quantity of property, and services actually delivered or rendered;

http://www.ipp.gov/

• Shipping and payment terms;

• Name (where practicable), title, phone number, and complete mailing address of responsible official to whom payment is to be sent;

• Taxpayer Identification Number (TIN);

• Receipt and Acceptance (R&A) must be completed within 7 business days unless stated otherwise in the contract.

5. EVALUATION OF CONTRACTOR PERFORMANCE

(a) Contractor Performance Evaluations

Interim and final evaluations of contractor performance will be prepared on this contract in accordance with FAR 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 thirty 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 evaluation, 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.

(b) Electronic Access to Contractor Performance Evaluations

Contractors that have Internet capability may access evaluations through a secure Web site for review and comment by completing the registration form that can be obtained at the following address: https://www.cpars.gov/.

The registration process requires the contractor to identify an individual that will serve as a primary contact and who will be authorized access to the evaluation for review and comment. In addition, the Contractor will be required to identify an alternate contact that will be responsible for notifying the cognizant contracting official in the event the primary contact is unavailable to process the evaluation with the required 30-day time frame.

https://www.cpars.gov/

PART III – CONTRACT CLAUSES AND PROVISIONS

In accordance with OASIS contract section I.1, all Applicable and Required provisions/clauses set forth in FAR 52.301 automatically flow down to all OASIS task orders, based on their specific contract type (e.g. cost, fixed price etc), statement of work, competition requirements, commercial or not commercial, and dollar value as of the date the task order solicitation is issued.

1. 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:

http://www.acquistion.gov/far.

FEDERAL ACQUISTION REGULATION (48 CFR 52) CLAUSES INCORPORATED

BY REFERENCE

NUMBER TITLE DATE

52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights

APR 2014

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements - Representation

JAN 2017

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements

JAN 2017

52.204-7 System for Award Management OCT 2018

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed of Provided by Kaspersky Lab and Other Covered Entities

JUL 2018

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment

AUG 2019

http://www.acquistion.gov/far

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment

AUG 2019

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation

NOV 2015

52.209-5 Certification Regarding Responsibility Matters OCT 2015

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations

NOV 2015

52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law

FEB 2016

52.212-3 Offeror Representations and Certifications— Commercial Items

OCT 2018

52.212-4 Contract Terms and Conditions – Commercial Items

OCT 2018

52.217-5 Evaluation of Options JUL 1990

52.245-1 Government Property JAN 2017

2. 52.217-8 Option to Extend Services (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor not later than 7 days before end of performance.

(End of clause)

3. 52.217-9 Option to Extend the Term of the Contract (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 30 days prior to the end of performance; provided, that the Government gives the Contractor a preliminary written notice of its intent to extend at least 60 days before the contract expires. The preliminary notice does not commit the

Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

(End of Clause)

4. 52.203-2 Certificate of Independent Price Determination (APR 1985)

(a) The offeror certifies that -

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to (i) those prices, (ii) the intention to submit an offer, or (iii) the methods or factors used to calculate the prices offered;

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory -

5. 52.209-2 -- Prohibition on Contracting With Inverted Domestic Corporations-- Representation (Nov 2015)

(a) Definitions. “Inverted domestic corporation” and “subsidiary” have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The offeror represents that—

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

(End of provision)

6. 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (REB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that—

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

7. DTAR 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.

(End of clause)

8. IR1052.204-9000 SUBMISSION of SECURITY FORMS and RELATED

MATERIALS (MAY 2018)

As described in Department of the Treasury Security Manual (TD P 15-71), Chapter I, Section 1, Position Sensitivity and Risk Designation, Contractor personnel assigned to perform work under an IRS contract/order/agreement must undergo security investigative processing appropriate to the position sensitivity and risk level designation associated to determine whether the Contractor (including subcontractor) personnel should be permitted to work in the identified position. The Contracting Officer’s Representative (COR) (in the absence of the COR, the Contracting Officer (CO)) shall work with the contractor to ensure that contractor (or subcontractor) employee is granted staff- like access to Sensitive but Unclassified (SBU) information, IRS/contractor (including subcontractor) facilities, information system/asset that process/store SBU information without the required investigation.

For security requirements at contractor facilities using contractor-managed resources, please reference Publication 4812, Contractor Security Controls. The contractor shall grant staff-like access to IRS SBU information or information system/assets only to individuals who have received staff-like access approval (interim or final) from IRS Personnel Security.

a. Contractor (including subcontractor) personnel performing under an agreement that authorizes staff-like access to and in IRS/contractor (including subcontractor) facilities, and access to SBU information or information systems are subject to (and must receive a favorable adjudication or affirmative results with respect to) the following eligibility/suitability pre-screening criteria, as applicable:

(1) IRS account history for tax compliance (for initial eligibility, as well as periodic checks for continued compliance while actively working on IRS contracts);

(2) Selective Service registration compliance;

(3) U.S. citizenship/lawful permanent residency compliance;

(4) Background investigation forms;

(5) Credit history;

(6) Federal Bureau of Investigation fingerprint results; and

(7) Prior federal government background investigations.

In this regard, Contractor shall furnish the following electronic documents to the Contractor Security Management (CSM) at CSM@irs.gov within 10 business days (or shorter period) of assigning (or reassigning) an employee to this contract/order/agreement and prior to the contractor (including subcontractor) employee performing any work or being granted staff-like access to IRS SBU or IRS/contractor (including subcontractor) facilities, information systems/assets that process/store SBU information thereunder:

� IRS provided Risk Assessment Checklist (RAC) Form14606;

� Non-Disclosure Agreement (if contract terms grant SBU access); and, � Any additional required security forms, which will be made available through CSM and the COR.

b. Tax Compliance, Credit Checks and Fingerprinting:

1. Contractors (including subcontractors) whose duration of employment exceeds 180 days must meet the eligibility/suitability requirements for access and shall undergo a background investigation based on the assigned position risk designation as a condition of work under the Government contract/order/agreement.

2. If the duration of employment is less than 180 days or access is infrequent (i.e. 2 -3 days per month), and the contractor requires unescorted access, the contractor (including subcontractor) employee must meet the eligibility requirements for access in IRM 10.23.2.9, as well as a FBI Fingerprint result screening.

3. For contractor (including subcontractor) employees not requiring access to IT systems, a background investigation is not needed and will not be requested if a qualified escort, defined as an IRS employee or as a contractor who has been granted staff-like access, escorts a contractor meeting the conditions of number b.2 above at all times while the escorted contractor accesses IRS facilities and equipment. The contractor (including subcontractor) employee will be permitted to perform under the contract/order/ agreement and have access to IRS facilities only upon notice of an interim or final approval, as defined in IRM 10.23.2 – Contractor Investigations, and is otherwise consistent with IRS security practices and related IRMs, to include, but not limited to, IRM 1.4.6 – Managers Security Handbook, IRM10.2.14 – Methods of Providing Protection, and IRM 10.8.1 - Policy and Guidance.

The Associate Director, Personnel Security prior to completion of the full investigation, will grant interim staff-like access approval as follows:

a. Individuals who possess a current active U.S. Government security clearance for access to classified information may be granted interim staff-like access for positions after 1) the clearance is verified through the Joint Personnel Adjudication System (JPAS), and 2) after favorable adjudication of pre-screening eligibility/ suitability checks.

Individuals with Top Secret clearance may be granted interim staff-like access approval to occupy positions designated at any risk level. Individuals with Secret or Confidential clearances may be granted interim staff-like access approval to occupy positions designated Moderate or Low Risk.

b. Individuals not possessing a current or active U.S. Government security clearance for access to classified information or not possessing a prior Government personnel security investigation that meets the scope and criteria required for their position may be granted interim staff-like access approval upon receipt of all required contractor security forms, and favorable adjudication of prescreening eligibility/suitability checks.

As prescribed in IRM 10.23.2, escorting in lieu of staff-like access for IT systems and access to SBU data (escorted or unescorted) will not be allowed.

(End of clause)

9. IR1052.204-9001 NOTIFICATION OF CHANGE IN CONTRACTOR PERSONNEL

EMPLOYMENT STATUS, ASSIGNMENT, OR STANDING (MAY 2018)

The contractor shall via e-mail (CSM@irs.gov), notify the Contracting Officer (CO), Contracting Officer's Representative (COR) and the Contractor Security Management (CSM) within 1 business day of the contractor (including subcontractor) becoming aware of any change in the employment status, information access requirement, assignment, or standing of a contractor (or subcontractor) employee under this contract or order – to include, but not limited to, the following conditions:

� Receipt of the employee’s notice of intent to separate from employment or discontinue work under this contract/order;

� Knowledge of the employee’s voluntary separation from employment or performance on this contract/order (if no prior notice was given);

� Transfer or reassignment of the employee and performance of duties under this contract/order, in whole or in part, to another contract/order (and if possible, identify the gaining contract/order and representative duties/responsibilities to allow for an assessment of suitability based on position sensitivity/risk level designation);

� Denial of or Revocation of Access (RAC) as determined by the IRS � Separation, furlough or release from employment;

� Anticipated extended absence of more than 45 days;

� Change of legal name;

� Change to citizenship or lawful permanent resident status, or employment eligibility;

� Change in gender or other distinction when physical attributes figure prominently in the biography of an individual;

� Actual or perceived conflict of interest in continued performance under this contract/order (provide explanation); or � Death.

When required by the COR, the contractor may be required to provide the information required by this clause to the IRS using the RAC or security documents as identified by

CSM.

The notice shall include the following minimum information:

� Name of contractor employee;

� Nature of the change in status, assignment or standing (i.e., provide a brief nonpersonal, broad-based explanation);

� Affected contract/agreement/order number(s);

� Actual or anticipated date of departure or separation;

� When applicable, the name of the IRS facility or facilities this individual routinely works from or has access to when performing work under this contract/order;

� When applicable, contractor (including subcontractor) using contractor (or subcontractor) owned systems for work must ensure that their systems are updated to ensure employees no longer have continued access to IRS work, either for systems administration or processing functions; and � Identification of any Government Furnished Property (GFP), Government Furnished Equipment (GFE), or Government Furnished Information (GFI) (to include Personal Identity Verification (PIV) credentials or badges) provided to the contractor employee and its whereabouts or status.

In the event the subject contractor (including subcontractor) employee is working on multiple contracts, orders, or agreements, notification shall be combined, and the cognizant COR for each affected contract or order (using the Contractor Separation Checklist (Form 14604 (Rev. 4-2015)) shall be included in the joint notification along with the CSM. These documents (the RAC and security forms) are also available by email request to CSM.

The vendor POC and the COR must ensure all badges, Smart Cards, equipment, documents, and other government furnished property items are returned to the IRS, systems accesses are removed, and Real Estate & Facilities Management is notified of federal workspace that is vacant.

As a rule, the change in the employment status, assignment, or standing of a contractor (or subcontractor) personnel to this contract or order would not form the basis for an excusable delay for failure to perform under the terms of this contract, order or agreement.

(End of clause)

10.1052.203-99 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements. (MAR2015) (DEVIATION 2015-00003)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

11. IR1052.209-9002 NOTICE AND CONSENT TO DISCLOSE AND USE OF

TAXPAYER RETURN INFORMATION (MAY 2018)

(a) Definitions. As used in this provision—

“Authorized representative(s) of the offeror” means the person(s) identified to the Internal Revenue Service (IRS) within the consent to disclose by the offeror as authorized to represent the offeror in disclosure matters pertaining to the offer.

“Delinquent Federal tax liability” means any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

“Tax check” means an IRS process that accesses and uses taxpayer return information to support the Government’s determination of an offeror’s eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5(b)).

(b) Notice. Pursuant to 26 USC 6103(a) - taxpayer return information, with few exceptions, is confidential. Under the authority of 26 U.S.C. 6103(h)(1), officers and employees of the Department of the Treasury, including the IRS, may have access to taxpayer return information as necessary for purposes of tax administration. The Department of the Treasury has determined that an IRS contractor’s compliance with the tax laws is a tax administration matter and that the access to and use of taxpayer return information is needed for determining an offeror’s eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5).

(1) The performance of a tax check is one means that will be used for determining an offeror’s eligibility to receive an award in response to this solicitation (see FAR 9.104).

As a result, the offeror may want to take steps to confirm it does not have a delinquent Federal tax liability prior to submission of its response to this solicitation. If the offeror recently settled a delinquent Federal tax liability, the offeror may want to take steps to obtain information in order to demonstrate the offeror’s responsibility to the contracting officer (see FAR 9.104-5).

(c) The offeror shall execute the consent to disclosure provided in paragraph (d) of this provision and include it with the submission of its offer. The consent to disclosure shall be signed by an authorized person as required and defined in 26 U.S.C. 6103(c) and 26 CFR301.6103(c)-1(e)(4).

(d) Consent to disclosure. I hereby consent to the disclosure of taxpayer return information (as defined in 26 U.S.C. 6103(b)(2)) as follows:

[Insert OFFEROR NAME]

The Department of the Treasury, Internal Revenue Service, may disclose the results of the tax check conducted in connection with the offeror’s response to this solicitation, including taxpayer return information as necessary to resolve any matters pertaining to the results of the tax check, to the authorized representatives of on this offer.

I am aware that in the absence of this authorization, the taxpayer return information of

[Insert OFFEROR NAME] is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation.

[insert CONTRACTOR EMPLOYEE'S NAME AND CONTACT INFORMATION]

I consent to disclosure of taxpayer return information to the following person(s):

I certify that I have the authority to execute this consent on behalf of Offeror Name:

[Insert

OFFEROR NAME]

Offeror Taxpayer Identification Number: [Insert Offeror Taxpayer Identification Number]

Offeror Address: [Insert Offeror Address]

Name of Individual Executing Consent: [ Insert Name of CONTRACRTOR Individual Executing

Consent]

Title of Individual Executing Consent: [Insert CONTRACTOR Title of Individual Executing

Consent]

Signature:

Date:

(End of Provision)

12. IR1052.232-9001 ELECTRONIC INVOICING AND PAYMENT REQUIREMENTS

FOR THE INVOICE PROCESSING PLATFORM (IPP) (July 2019)

(a) Definitions:

"Short payment" as used in this clause means the partial payment of an invoice for goods/services actually rendered at the time of payment when the invoice includes additional goods/services that have not yet been provided/rendered.

“Short payment” example: The contract requires the delivery of a set number of items, with the price, delivery location, and delivery due date also specified. The vendor delivers 50% of the items as specified but invoices for 100% of the items. Before implementation of the IPP, the IRS would have paid the vendor for the items delivered and instructed the vendor to re-invoice the IRS when the balances of the items were delivered. In other words, the IRS would "short pay" the invoice since the IRS did not remit payment for the full invoice amount. With implementation of the IPP, the IRS can no longer do this because the IRS cannot accept an electronic invoice that includes items not yet received. The IRS will reject the invoice. The vendor needs to submit an invoice for only the items received by the IRS (in this case, 50%), and, if these items meet all other contract terms and conditions, the IRS will pay the invoiced amount. The vendor submits subsequent invoice(s) for items as they are delivered and accepted.

(b) The Invoice Processing Platform (IPP) is a secure Web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. Effective October 1, 2012, invoicing for payment through the IPP will be mandatory for all new contract awards. Additional information regarding the IPP may be found at the IPP website address https://www.ipp.gov. Contractors must complete the contractor point of contact information below and submit it with their proposal submissions.

Contractors may contact the IPP Helpdesk for assistance via e-mail at ippgroup@stls.frb.org http://www.ipp.gov/ or via phone at (866) 973-3131. Once a contract award has been made, the contractor will be contacted by the IPP via e-mail to set-up an account. It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active.

(c) Contractor Point of Contact Information Contractor Name: ____________________________________________

Contractor IPP Point of Contact Name: ___________________________

Contractor Phone Number: _____________________________________

Contractor E-mail Address: _____________________________________

(d) Electronic Invoicing and Payment Requirements Vendor invoices submitted electronically through the IPP should be in the proper format and contain the information required for payment processing. To be approved for payment, a “proper invoice” must list the items specified in FAR 52.232-25 (a)(3)(i) 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 vendor is offering a discount via the IPP, the discount must be reflected on the invoice. The vendor will select 'Create Invoice'. The IPP system will default to ‘Net 30 Prompt Pay’ under the Payment Terms dropdown box. The vendor will select from 54 different discount options for the invoice that is being created. If the vendor chooses to offer a discount on the invoice screen, the information will interface to the payment system for processing. Discounts that are offered on attachments rather than the invoice itself cannot be accepted.

Under this contract, the following documents are required to be submitted as an attachment to the invoice (Contracting Officer fills in additional documentation that must be furnished by the contractor (e.g. timesheet)). Please do not submit into IPP any documentation/attachments that conflict with what is stated on the invoice:

Payment and Invoice Questions

For payment and invoice questions, contact the Ancillary Systems at (304) 254-3372 or via e-mail at cfo.fm.ipp.customer.support@irs.gov.

(e) 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…