II_1_a RFP_5000133228_AM00001.pdf

DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE

WASHINGTON, DC 20224

To: All Eligible Contractors Subject: Request for Proposals (RFP) # 5000133228, Amendment 0001 Date: August 5, 2022

The Department of Treasury (Treasury), Internal Revenue Service (IRS) Office of Business Solutions Acquisition (OBSA), on behalf of the Office of Servicewide Policy, Directives, and Electronic Research (SPDER), proposes to issue a single award Indefinite Delivery Indefinite Quantity (IDIQ) contract to a qualified offeror under the North American Industry Classification System (NAICS) code 519190 – Internet Publishing and Broadcasting and Web Search Portals.

This Request for Proposals (RFP) is soliciting responses only from all eligible entities under the aforementioned NAICS Code. Offerors are strongly encouraged to provide any additional discounts and/or price reductions from their standard prices. If you are interested in this acquisition, you may participate by submitting your response in accordance with the instructions that follow.

Contractors are requested to submit a firm fixed price proposal to provide the services outlined below.

In responding to this RFP, it is the contractor’s responsibility to provide current, relevant, complete and accurate information in their proposal.

Your response to this request must be provided by 12PM EDT on Thursday, August 11, 2022.

Dennis Jackson Contract Specialist Office of Business Solutions Acquisition Department of Treasury-IRS

Enclosures:

PART I: PERFORMANCE WORK STATEMENT

PART II: SOLICITATION PROVISIONS AND CLAUSES

PART III: PROPOSAL SUBMISSION INSTRUCTIONS

PART IV: TECHNICAL ACCEPTANCE AND EVALUATION CRITERIA

Dennis Jackson

Table of Contents

RAAS SPDER ASSET AND LOCATOR SERVICES

Section I – Performance Work Statement Page 3

Section II – Clauses and Provisions Page 14

Section III – Proposal Instructions Page 91

Section IV – Technical Acceptance and Evaluation Criteria Page 92

Performance Work Statement

Asset and Locator Services IDIQ

1. BACKGROUND

The Internal Revenue Service (IRS) is committed to providing standardized, consistent electronic research services to employees throughout the country. The Office of Servicewide Policy, Directives, and Electronic Research (SPDER) is res4ponsible for the acquisition and management of these research services. The objective of this Performance Work Statement (PWS) is to obtain, through competitively awarded fixed-price contracts, electronic Asset and Locator Services that provide a powerful tax administration tool for IRS.

1.1 OBJECTIVE

Offerors shall fully describe how their proposal will satisfy the IRS' research requirements.

Proposals will be evaluated on how well they meet the requirements and objectives of this PWS along with their completeness and clarity in addressing these requirements.

2. PHYSICAL AND COMPUTER SECURITY OF FEDERAL TAX INFORMATION

The Contractor shall provide physical and computer security measures to protect sensitive but unclassified (SBU) data from unauthorized access during duty and non-duty hours in accordance with Publication 4812, Contractor Security Controls. Publication 4812 is available electronically at http://www.irs.gov/uac/Publication-4812-Contractor-Security-Controls

2.1 PERIOD OF PERFORMANCE

The period of performance for each task order will be one year from the effective date of the award.

2.2 USER AUDITS

The Contractor shall track security violations by IRS users and provide records of these occurrences to the Contracting Officer’s Representative (COR) or their designee. Security violations in this context would include, but are not limited to, simultaneous use of the same ID and password, system access outside of normal tours of duty, or other system integrity issues for which the Contractor systemically monitors.

2.2.1 AUDIT DATA RETENTION

The Contractor shall maintain all IRS user audit records for a period of no less than seven (7) years.

2.2.2 AUDIT DATA REQUESTS

On an ad-hoc basis when requested by the COR or their designee, the Contractor shall provide a report detailing all system activity of a specific user at no additional cost to the Government.

2.3 USER ACCOUNT LOG OFF/TIME OUT

The Contractor shall include an automatic feature that will log off a user after an extended period of inactivity.

http://www.irs.gov/uac/Publication-4812-Contractor-Security-Controls

3. IMPLEMENTATION AND OPERATION

The Offeror shall submit an "Implementation and Operation Plan" outlining how they intend to manage this service, both at time of initial roll-out to IRS and during ongoing operation.

Examples of information to be included in the Implementation and Operation Plan include, but are not limited to:

• A detailed description of how IRS employees will be granted access to the Offeror's research system.

• A detailed description of the technical support offered to ensure problems are resolved, both during the initial roll-out phase of the contract and during ongoing operation.

3.1 MONTHLY REPORT

The Offeror shall provide a monthly usage report to the COR or their designee no later than the seventh business day of each month. The report shall include cumulative user activity and statistics for the prior calendar month including, but not limited to:

• Searches by search type of search and/or category

• Searches by Operating Division/Function

• Searches by geographical area

• Total searches by all IRS users

• Total number of user accounts for all IRS users

3.2 QUARTERLY REVIEWS

The Contractor shall meet with the IRS on a quarterly basis to review issues including, but not limited to, usage reports, training delivery, system updates, customer service statistics, and problem resolution. Mutually agreeable meeting dates will be arranged by the COR or their designee to accommodate the needs of both the Contractor and the IRS.

3.3 COPYING, DOWNLOADING AND DISTRIBUTING MATERIALS

The Offeror shall clearly explain what, if any, restrictions are placed on the use of their materials including, but not limited to:

• Copying of Contractor reference materials for training purposes

• Inserting source documents or portions thereof into training materials (IRS courses are available to the public under the Freedom of Information Act (FOIA) and sometimes posted on the IRS Internet)

• Inserting source documents or portions thereof into other internal documents

• Inserting documents as part of a submission of an electronic brief

• Linking to source documents on Contractor services in training materials

• Linking to source documents on Contractor services in other internal documents

• Posting on the IRS Intranet for internal informational purposes

3.4 ENHANCEMENTS

The Contractor shall notify the COR or their designee at least 30 days in advance of any changes in operation or functionality of the research system.

• The Offeror shall certify that future enhancements (products and services) provided to the Offeror's commercial customers at no cost shall accrue to the government at no cost

• Future enhancements (products and services) provided to the Offeror’s commercial customers at an additional charge shall be offered to the government at a rate equal to or less than the commercial rate. The government reserves the right to accept or reject each enhancement.

• Any new features or enhancements not offered to or purchased by IRS will not be displayed or taught in classes.

3.5 LOSS OF CONTENT

In the event the Contractor can no longer provide offered content the contractor shall notify the COR or their designee, explaining any deviations they are proposing at least 30 days in advance of any changes.

3.5.1 COMPARABLE REPLACEMENT SOURCES

If the IRS determines that a dropped source is material to IRS, the COR or their designee will request from the Contractor a list of comparable replacement sources.

3.5.2 EVALUATION OF COMPARABLE REPLACEMENT SOURCES AND PRICING

ADJUSTMENTS

The government reserves the right to approve offered replacement sources. If the comparable sources offered by the Contractor are not acceptable to the IRS and/or Treasury, the contractor shall propose price reductions for those discontinued sources. Any price reductions shall take effect on the date the sources are no longer available online.

4. DATA REQUIREMENTS

The IRS seeks the ability to effectively locate people and businesses, as well as their assets, both domestically and internationally. To accomplish this, we need a tool that accurately consolidates data from various sources.

4.1 IRS CRIMINAL INVESTIGATION DATA REQUIREMENTS

Additionally, Criminal Investigation employees have enhanced research requirements and the authority to access data that may not be available to other employees under this contract.

4.2 MANDATORY CONTENT

The following data categories are mandatory for any offering under this PWS:

• Aircraft

• Bankruptcy data

• Coast Guard data

• Credit Bureau Header data, including last three addresses

• Date of birth

• Fictitious Business Names

• Judgments

• Liens

• Real property records including Grantee/Grantor, historical record, and tax assessor data

• Secretary of State/State Corporation Commission data (e.g., incorporation details, officer/principal data, corporate asset data, etc.)

• Securities and Exchange Commission (SEC) data

• Social Security Administration Master Death File

• State Department of Motor Vehicle records

• UCC filings

4.3 HIGHLY DESIRABLE CONTENT

It is highly desirable that the Contractor provide additional data under this PWS. Examples include but are not limited to:

• Additional business information sources (e.g., company data for publicly and privately held businesses, merger/acquisition info, etc.)

• AKA and Alias name use information

• All remaining real property records not enumerated in the mandatory section, for residential, commercial, and undeveloped/agricultural properties

• Business credit report information

• Copyright, Patent and Trademark information

• Court docket, proceedings, and settlement information

• Criminal Record information, including County and Jurisdiction data

• Department of Motor Vehicles ownership and lien information

• Federal Aviation Administration data

• Foreign corporation information data

• Information provided by local governments on licenses, subcontractors, and certifications

• Information related to Limited Liability Companies (LLC)

• Information on 10K filings

• International Asset and Locator Services information (both for individuals and for businesses)

• Leased vehicle information

• Limited Partnership, Limited Liability Partnership (LLP) and General Partnership information

• Marriage and divorce data

• Nationwide phone directory, including land line, cell, and VOIP data, with regular and reverse lookup capabilities

• Online images of public documents (deeds, deeds of trusts, etc.)

• Prison inmate data

• Professional License information (for both individuals and businesses)

• State Employment Commission records

• Utility locator information

• Valuation data for real estate and real estate comparables within geographic neighborhood, providing both current and historical value estimates for residential, commercial, and undeveloped/agricultural properties

• Watercraft registered at state agencies, including Department of Motor Vehicles

• Website ownership information

4.4 RESPONSE REQUIREMENTS

The Offeror shall fully describe:

• All data sources (mandatory and additional) that are provided under this PWS for all users

• All data sources that are provided under this PWS for Criminal Investigation employees only

4.4.1 CONTRACTOR CERTIFICATION OF DATABASE AVAILABILITY

The Offeror shall certify that all databases that are available at the time of contract award shall be continuously available throughout the life of the contract unless such information is withdrawn from the public domain

5. ONLINE WEB-BASED ASSET AND LOCATOR SERVICES RESEARCH

The principal use of these services is to complete a full analysis of a tax return, whether as part of the audit process, collection process, or investigative process. The frequency of access and the extent of the sources needed to satisfy their research requirements vary considerably depending on the job series and assigned workload of these employees.

5.1 USER POPULATION

The IRS has a wide range of diverse users of Asset and Locator Services, with the primary users being revenue agents, revenue officers, special agents, tax compliance officers, customer service representatives, tax examiners, and attorneys. Approximately 20,000 IRS and Treasury Inspector General for Tax Administration (TIGTA) employees are users of Asset and Locator Services.

The following table reflects the breakdown of Asset and Locator Services users by function as of December 2020.

5.1.1 USER POPULATION DETAIL

Divisions and Functions

Description Users

Chief Counsel Advises the Commissioner on legal matters and provides legal support to all IRS offices.

Criminal Investigation

Investigates potential criminal violations of the Internal Revenue Code, especially tax evasion.

2,120

Executive Leadership and Direction

Provides organizational policy and guidance in support of the operating divisions.

Large and Mid- Size Business

Addresses corporations and partnerships with $10 million or more in assets organized around specific industry groups.

1,607

Small Business/Self- Employed

Addresses small businesses, including corporations and partnerships with assets under $10 million and self-employed and supplemental income earners. Also covers estate and gift, fiduciary, and international taxpayers.

9,035

Tax Exempt and Government Entities

Addresses customers ranging from small local organizations and municipalities to major universities, huge pension funds, state governments, Indian tribal governments, and complex tax-exempt bonds.

Taxpayer Advocate Service

Helps any taxpayer that has encountered a problem that is not resolved by the IRS through systemic processes.

TIGTA Provides independent oversight of IRS activities, programs, and budget

Wage and Investment (W&I)

Addresses taxpayers whose income is reported by third parties and most taxes are collected through third party withholding.

1,061

IRS Total 15,069

5.2 TECHNICAL REQUIREMENTS

The IRS has largely standardized their end-user computer workstations and operating systems.

Most employees have computers running Windows 10.

5.2.1 INTERNET SECURITY REQUIREMENTS

IRS users working offsite access information using a VPN and Internet access is through a firewall.

5.2.2 OPERATING SYSTEM REQUIREMENTS

It is mandatory that any research service offered run under Windows 10 as well as any successor Microsoft operating system adopted by the IRS.

5.2.3 WEB-BASED BROWSER REQUIREMENTS

Microsoft's Edge Version 92.0.902.67 currently serves as the end-user interface for Internet-based commercial services. It is mandatory that any research service offered run under Edge Version 92.0.902.67 or higher as well as any successor Microsoft web browsers adopted by the

IRS.

5.2.4 IP ADDRESS RESTRICTION REQUIREMENTS

IRS users may only access research products that include Personally Identifiable Information (PII) from IRS-issued computers, laptops, or other devices and via IRS-specific IP addresses.

The Contractor shall coordinate with the COR or their designee to assure only IRS IP addresses can be used to access their product by IRS users

5.2.5 OTHER SECURITY REQUIREMENTS

Internet access shall be available via a secure connection to a commercial webserver maintained by the Contractor. The Contractor shall ensure that web-based services eliminate security concerns regarding the use of Java applets, ActiveX, or similar client-side processing.

5.3 SECTION 508 REQUIREMENTS

It is mandatory that the Contractor ensure and certify that their product(s) offered comply with Section 508 of the Rehabilitation Act of 1973 (as amended) at the time of proposal and throughout the life of the contract.

5.4 FEATURE REQUIREMENTS

IRS needs a system that allows users to easily access the data they need, whether through a comprehensive search that combines multiple result sets or through a targeted search in a single database.

5.4.1 CRIMINAL INVESTIGATION FEATURE REQUIREMENTS

IRS Criminal Investigation employees have enhanced research requirements and can benefit from additional features that may not be available to other users of this product.

5.4.2 MANDATORY FEATURES

The following features are mandatory for any offering under this RFP:

• A menu-based search system that allows for customization of information available for specific user groups.

• Online, Real-time, Interactive searches using a template input

• The ability to use the results of one search as input for another search without requiring the retyping or “cutting and pasting” of the information

• The ability to print and/or save findings and reports without leaving the system connection.

• An On-line Help feature.

• The ability to electronically access and retrieve a printable log of searches made during the current session.

5.4.3 HIGHLY DESIRABLE FEATURES

It is highly desirable that the Contractor provide additional features under this RFP. Examples include but are not limited to:

• The ability to search multiple databases concurrently

• The ability to free text search across the database using Boolean logic

• The ability to customize searches to eliminate unwanted data

• The ability to store reports

• The ability to view the date the information supplied was last updated from the data source

• The ability to include a case reference as determined by the user on printouts and saved files

• Online interactive batch searches that allow the user to input up to 50 search requests for processing

• Real property valuation calculation

• Regular and reverse lookup for cell phone data

• Automatic inclusion of business name associations into each search

• Links to free websites that supply additional information that may be of value to users (e.g. sites providing currency conversion, links to state and county government data, translation services, etc.)

• The ability to alter the length of time that triggers automatic log off.

• The automatic notification of users in advance of User ID/password expiration (if applicable).

5.4.4 RESPONSE REQUIREMENTS

The Offeror shall fully describe:

• All features (mandatory and additional) that are provided under this RFP for all users

• All features that are provided under this RFP for Criminal Investigation employees only

5.5 USER ACCESS

If user IDs are to be issued, the Contractor shall adhere to the following:

5.5.1 USER ACCOUNT DATA

The Offeror product(s) shall associate the following user data with each ID:

• Username

• User ID (administrator-created or system generated)

• City

• State

• IRS Operating Division/Function

• IRS Email Address

5.5.2 ID ADMINISTRATION

The Offeror product(s) shall allow approximately 25 IRS ID administrators to:

• Create and manage IDs

• Search IDs and create reports using any of the fields above

• Download/export reports to a spreadsheet

5.5.3 SYSTEM REPORTS

The Offeror product(s) shall have the capability of generating user reports/listings regarding ID issuance including, but not limited to, the following user data:

• Username

• User ID

• City

• State

• IRS Operating Division/Function

• IRS Email Address

5.6 TRAINING

The IRS uses an e-learning strategy in addition to the traditional classroom-based approach. This provides the benefit of continuous learning opportunities for all employees. Currently, IRS employees are limited to virtual classes that are hosted within our firewall. External services such as WebEx are not supported. Our objective is to provide sufficient initial and ongoing training to enable users to achieve a level of comfort that allows efficient use of the system. This will require ongoing work through the life of the contract to identify additional training needs and develop initiatives to address those needs.

5.6.1 TRAINING PLAN

The Offeror shall submit a "Training Plan" outlining how they intend to provide initial and ongoing training for all end users. Examples of information to be included in the Training Plan include, but are not limited to:

• A detailed discussion of each training method offered for this award (e.g., Web-based tutorials, Virtual Classroom, Traditional Classroom, etc.)

• The number of hours involved with respect to each method of training offered

• The types and format of training materials available to each end user (e.g., Quick Reference Cards, User Guides, etc.)

• Any other information demonstrating a commitment to train all end users

5.6.2 ELECTRONIC TUTORIAL

The Contractor shall provide a comprehensive, interactive, and customized electronic tutorial for the IRS within six months after the contract award date. The tutorial must be maintained and updated to reflect any significant upgrade to the research system.

• If software plug-ins are required, the Contractor shall coordinate with the COR or their designee to get them on the approved list of Common Operating Environment (COE) software products.

• If streaming video is contemplated for a web-based tutorial, the Contractor shall coordinate with the COR or their designee for approval.

5.7 CONTRACTOR MARKETING AT IRS EVENTS

The Contractor shall coordinate attendance at all IRS events with the COR or their designee.

5.8 NEWSLETTER

The Contractor shall provide a periodic electronic newsletter that gives product information, updates and tips on new features and product use.

6. CONTRACT MANAGEMENT

The IRS seeks a productive partnership with the Contractor with an emphasis on communication and prompt issue resolution at the lowest level.

6.1 PLACE OF PERFORMANCE

All Contractor work will be conducted at their physical place(s) of business.

6.2 PERIOD OF PERFORMANCE

Period of performance for the proposed IDIQ is for a twelve-month base period and four twelve-month optional periods. Individual task orders will have their own periods of performance determined upon their issuance.

6.3 DELIVERABLES

Deliverables will be further delineated at the Task Order level where applicable.

6.4 INSPECTION AND ACCEPTANCE

Inspection at the Government’s locations stated herein in accordance with FAR 52.212-4(a) “Inspection and Acceptance”

Specific Acceptance Criteria

The specific quality measures as set forth below will be applied to each deliverable received from the contractor under this contract. Any perceived conflict with the quality measures listed below should be immediately reported to the Contracting Officer.

Note: Work products should be provided in draft for review and discussion with the government and finalized on agreed upon timelines. The inventory of work products and program content supported should be documented by submission of the vendor’s monthly invoice.

• Accuracy – Deliverables shall be accurate in presentation, technical content and specifications and adherence to accepted elements of style.

• Clarity – Deliverables shall be clear and concise. All diagrams shall be easy to understand and relevant to the supporting narrative.

• Specifications Validity – All deliverables must satisfy the requirements of the Government as specified herein.

• File Editing - All text and diagrammatic files shall be editable by the Government.

• Format – Deliverables shall be submitted electronically as defined in the PWS.

Deliverables shall be produced using Microsoft Office 2000 Professional and/or other formats agreed upon between the Contractor and Government.

• Timeliness – Deliverables shall be submitted in accordance with the days identified in the chart above.

Rejection Procedures

Any deliverable that does not comply with the acceptance criteria outlined in Section 6.3, “Deliverables - Specific Acceptance Criteria” shall be considered rejected. The COR has 10 business days to inform the contractor that the deliverable is rejected and the contractor has 5 business days to re-submit the deliverable for inspection and acceptance. The number of days allotted to the contractor for re-submission of deliverables may be adjusted if agreed upon by both parties. This process will continue as required until acceptance has been issued by the

COR.

Deliverable Submission Format Est. Due Date/Frequency of Submission

Access to Data Electronic 24 Hours, Daily

SECTION II – CLAUSES and PROVISIONS

Federal Acquisition Regulations (FAR) Clauses and Provisions

FAR 52.252.2 Clauses Incorporated by Reference (Feb 1988)

This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es):

https://www.acquisition.gov/browse/index/far Clauses Incorporated by Reference

Clause Title Date 52.202-1 Definitions JUN 2020 52.203-6 Restrictions on Subcontractor Sales to the Government - Alternate I

JUN 2020

52.203-12 Limitation on Payments to Influence Certain Federal Transactions

JUN 2020

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

JUN 2020

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

JAN 2017

52.204-10 Reporting Executive Compensation and First- Tier Subcontract Awards

JUN 2020

52.204-13 System for Award Management Maintenance OCT 2018 52.204-14 Service Contract Reporting Requirements OCT 2016 52.204-18 Commercial and Government Entity Code Maintenance

AUG 2020

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

NOV 2021

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

NOV 2021

52.209-6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment

NOV 2021

52.209-9 Updates of Publicly Available Information Regarding Responsibility Matters

OCT 2018

https://www.acquisition.gov/browse/index/far

52.212-4 Contract Terms and Conditions-Commercial Items NOV 2021 52.215-23 Limitations on Pass-Through Charges JUN 2020 52.222-35 Equal Opportunity for Veterans JUN 2020 52.`1 Equal Opportunity for Workers with Disabilities JUN 2020 52.222-37 Employment Reports on Veterans JUN 2020 52.222-50 Combating Trafficking in Persons NOV 2021 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving

JUN 2020

52.224-3 Privacy Training - Alternate I

JAN 2017

52.227-1 Authorization and Consent JUN 2020 52.227-2 Notice and Assistance Regarding Patent and Copyright Infringement

JUN 2020

52.227-14 Rights in Data – General MAY 2014 52.232-18 Availability of Funds APR 1984 52.232-23 Assignment of Claims MAY 2014 52.232-33 Payment by Electronic Funds Transfer-System for Award Management

OCT 2018

52.239-1 Privacy or Security Safeguards AUG 1996 52.249-14 Excusable Delays APR 1984

Clauses and Provisions Incorporated in Full Text:

FAR Clauses Incorporated in Full Text

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (NOV 2021)

(a) Definitions. As used in this clause—

Covered contractor information system means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

Federal contract information means information, not intended for public release, that is provided by or generated for the Government under a contract to develop or deliver a product or service to the Government, but not including information provided by the Government to the public (such as on public websites) or simple transactional information, such as necessary to process payments.

Information means any communication or representation of knowledge such as facts, data, or opinions, in any medium or form, including textual, numerical, graphic, cartographic, narrative, or audiovisual (Committee on National Security Systems Instruction (CNSSI) 4009).

Information system means a discrete set of information resources organized for the collection, processing, maintenance, use, sharing, dissemination, or disposition of information ( 44 U.S.C. 3502).

Safeguarding means measures or controls that are prescribed to protect information systems.

(b) Safeguarding requirements and procedures.

(1) The Contractor shall apply the following basic safeguarding requirements and procedures to protect covered contractor information systems. Requirements and procedures for basic safeguarding of covered contractor information systems shall include, at a minimum, the following security controls:

(i) Limit information system access to authorized users, processes acting on behalf of authorized users, or devices (including other information systems).

(ii) Limit information system access to the types of transactions and functions that authorized users are permitted to execute.

(iii) Verify and control/limit connections to and use of external information systems.

(iv) Control information posted or processed on publicly accessible information systems.

(v) Identify information system users, processes acting on behalf of users, or devices.

(vi) Authenticate (or verify) the identities of those users, processes, or devices, as a prerequisite to allowing access to organizational information systems.

(vii) Sanitize or destroy information system media containing Federal Contract Information before disposal or release for reuse.

(viii) Limit physical access to organizational information systems, equipment, and the respective operating environments to authorized individuals.

(ix) Escort visitors and monitor visitor activity; maintain audit logs of physical access; and control and manage physical access devices.

(x) Monitor, control, and protect organizational communications (i.e., information transmitted or received by organizational information systems) at the external boundaries and key internal boundaries of the information systems.

(xi) Implement subnetworks for publicly accessible system components that are physically or logically separated from internal networks.

(xii) Identify, report, and correct information and information system flaws in a timely manner.

http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

(xiii) Provide protection from malicious code at appropriate locations within organizational information systems.

(xiv) Update malicious code protection mechanisms when new releases are available.

(xv) Perform periodic scans of the information system and real-time scans of files from external sources as files are downloaded, opened, or executed.

(2) Other requirements. This clause does not relieve the Contractor of any other specific safeguarding requirements specified by Federal agencies and departments relating to covered contractor information systems generally or other Federal safeguarding requirements for controlled unclassified information (CUI) as established by Executive Order 13556.

(c) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (c), in subcontracts under this contract (including subcontracts for the acquisition of commercial products or commercial services, other than commercially available off-the-shelf items), in which the subcontractor may have Federal contract information residing in or transiting through its information system.

(End of clause)

52.212-5 - Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (May 2022)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

(1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)).

(2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232).

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

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

(6) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108- 77 and 108-78 ( 19 U.S.C. 3805 note)).

https://www.acquisition.gov/far/part-52#FAR_52_203_19 https://www.acquisition.gov/far/part-52#FAR_52_204_23 https://www.acquisition.gov/far/part-52#FAR_52_204_25 https://www.acquisition.gov/far/part-52#FAR_52_209_10 https://www.acquisition.gov/far/part-52#FAR_52_233_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_233_4

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services:

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C).

_X_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313).

__ (10) [Reserved].

__ (11) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Sep 2021) ( 15 U.S.C. 657a).

__ (12) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Sep 2021) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a).

__ (13) [Reserved]

__ (14)

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

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

__ (15) https://www.acquisition.gov/far/part-52#FAR_52_203_6 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_203_15 https://www.acquisition.gov/far/part-52#FAR_52_204_10 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_204_14 https://www.acquisition.gov/far/part-52#FAR_52_204_15 https://www.acquisition.gov/far/part-52#FAR_52_209_6 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section6101&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_209_9 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section2313&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_3 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section637a&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_219_4 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_6 https://www.acquisition.gov/far/part-52#FAR_52_219_6

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

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

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)).

__ (17)

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

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

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

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

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

__ (18)

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

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

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

__ (20) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set- Aside (Sep 2021) ( 15 U.S.C. 657f).

__ (22)

(i) 52.219-28, Post Award Small Business Program Rerepresentation (Sep 2021) ( 15 U.S.C. 632(a)(2)).

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

__ (23) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Sep 2021) ( 15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Sep 2021) ( 15 U.S.C. 637(m)).

__ (25) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)).

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

https://www.acquisition.gov/far/part-52#FAR_52_219_7 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_7 https://www.acquisition.gov/far/part-52#FAR_52_219_8 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_9 https://www.acquisition.gov/far/part-52#FAR_52_219_13 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_13 https://www.acquisition.gov/far/part-52#FAR_52_219_14 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_16 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_27 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_28 https://www.acquisition.gov/far/part-52#FAR_52_219_29 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_30 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_219_32 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec644.htm https://www.acquisition.gov/far/part-52#FAR_52_219_33 https://www.govinfo.gov/content/pkg/USCODE-2018-title15/html/USCODE-2018-title15-chap14A-sec637.htm

_X_ (27) 52.222-3, Convict Labor (Jun 2003) (E.O.11755).

_X_ (28) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Jan 2022) (E.O.13126).

_X_ (29) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (30)

(i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246).

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

_X_ (31)

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

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

_X_ (32)

(i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793).

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

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

_X_ (34) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

_X_ (35)

(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O.

13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627).

__ (36) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in

FAR 22.1803.)

__ (37)

(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

https://www.acquisition.gov/far/part-52#FAR_52_222_3 https://www.acquisition.gov/far/part-52#FAR_52_222_19 https://www.acquisition.gov/far/part-52#FAR_52_222_21 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_26 https://www.acquisition.gov/far/part-52#FAR_52_222_35 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_35 https://www.acquisition.gov/far/part-52#FAR_52_222_36 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title29-section793&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_36 https://www.acquisition.gov/far/part-52#FAR_52_222_37 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim https://www.acquisition.gov/far/part-52#FAR_52_222_40 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_50 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_222_54 https://www.acquisition.gov/far/part-22#FAR_22_1803 https://www.acquisition.gov/far/part-52#FAR_52_223_9 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_9

__ (38) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693).

__ (39) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693).

__ (40)

(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Oct 2015) of 52.223-13.

__ (41)

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

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

__ (42) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b).

__ (43)

(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

__ (44) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513).

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

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

_X_ (47)

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

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

__ (48) 52.225-1, Buy American-Supplies (Nov 2021) ( 41 U.S.C. chapter 83).

__ (49)

(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (Nov 2021) ( 41 U.S.C.chapter83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

https://www.acquisition.gov/far/part-52#FAR_52_223_11 https://www.acquisition.gov/far/part-52#FAR_52_223_12 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_13 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_14 https://www.acquisition.gov/far/part-52#FAR_52_223_15 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_16 https://www.acquisition.gov/far/part-52#FAR_52_223_18 https://www.acquisition.gov/far/part-52#FAR_52_223_20 https://www.acquisition.gov/far/part-52#FAR_52_223_21 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_224_3 https://www.acquisition.gov/far/part-52#FAR_52_225_1 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 https://www.acquisition.gov/far/part-52#FAR_52_225_3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3 http://uscode.house.gov/browse.xhtml;jsessionid=114A3287C7B3359E597506A31FC855B3

__ (ii) Alternate I (Jan 2021) of 52.225-3.

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

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

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

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

__ (52) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302Note).

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

__ (54) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150).

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

__ (56) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (57) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 2307(f)).

_X_ (58) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332).

__ (59) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332).

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

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

__ (62) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)).

__ (63)

(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

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

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