(Amended)MandatoryClauses and Provisions.pdf

MANDATORY CLAUSES & PROVISIONS

Offeror shall include a signed, dated, and completed copy of the following clauses with their quote:

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

INFORMATION (MAY 2018)

(a) Definitions. As used in this provision—

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

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

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

(b) Notice. Pursuant to 26 USC 6103(a) - taxpayer return information, with few exceptions, is confidential.

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

1. The performance of a tax check is one means that will be used for determining an offeror’s eligibility to receive an award in response to this solicitation (see FAR 9.104). As a result, the offeror may want to take steps to confirm it does not have a delinquent Federal tax liability prior to submission of its response to this solicitation. If the offeror recently settled a delinquent Federal tax liability, the offeror may want to take steps to obtain information in order to demonstrate the offeror’s responsibility to the contracting officer (see FAR 9.104-5).

(c) The offeror shall execute the consent to disclosure provided in paragraph (d) of this provision and include it with the submission of its offer. The consent to disclosure shall be signed by an authorized person as required and defined in 26 U.S.C. 6103(c) and 26 CFR 301.6103(c)-1(e)(4).

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

[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.

_ [OFFEROR NAME]

I am aware that in the absence of this authorization, the taxpayer return information is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation.

[Insert PERSON(S) NAME AND CONTACT INFORMATION]

I consent to disclosure of taxpayer return information to the following representative of the company:

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

OFFEROR NAME

Offeror Taxpayer Identification Number Offeror Address:

Name of Individual Executing Consent:

Title of Individual Executing Consent] Signature:

Date:

(End of Provision)

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations-Representation (NOV 2015)

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

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

(c) Representation. The Offeror represents that-

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

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

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

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that—

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

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

(b) The Offeror represents that—

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

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

(End of provision) https://www.acquisition.gov/content/52209-10-prohibition-contracting-inverted-domestic-corporations#i1062680 https://www.acquisition.gov/content/9108-2-prohibition#i1116407 https://www.acquisition.gov/content/9108-4-waiver#i1116422

IR1052.232-9001 Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP) (Jul 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.

(c) 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 October1, 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 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 of the conditions listed in the waiver. The vendor will be notified prior to award as to whether their request for waiver has been approved or denied. If the waiver is granted, then a copy of the waiver must be submitted with each paper invoice that the vendor submits to the payment office or the invoice will be returned.

(f) Short Payment

Short payment on vendor submitted invoices will no longer be processed or paid. If any portion of the invoice does not meet the requirements for a proper invoice, the entire invoice shall be rejected and returned to the vendor unpaid.

52.204-23 Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018)

1. (a) Definitions. As used in this clause—

“Covered article” means any hardware, software, or service that–

a. (1) Is developed or provided by a covered entity;

b. (2) Includes any hardware, software, or service developed or provided in whole or in part by a covered entity; or

c. (3) Contains components using any hardware or software developed in whole or in part by a covered entity.

“Covered entity” means–

d. (1) Kaspersky Lab;

e. (2) Any successor entity to Kaspersky Lab;

f. (3) Any entity that controls, is controlled by, or is under common control with

Kaspersky Lab; or

g. (4) Any entity of which Kaspersky Lab has a majority ownership.

2. (b) Prohibition. Section 1634 of Division A of the National Defense Authorization Act for Fiscal

Year 2018 (Pub. L. 115-91) prohibits Government use of any covered article. The Contractor is prohibited from—

a. (1) Providing any covered article that the Government will use on or after October 1, 2018; and

b. (2) Using any covered article on or after October 1, 2018, in the development of data or deliverables first produced in the performance of the contract.

3. (c) Reporting requirement.

a. (1) In the event the Contractor identifies a covered article provided to the Government during contract performance, or the Contractor is notified of such by a subcontractor at any tier or any other source, the Contractor shall report, in writing, to the Contracting Officer or, in the case of the Department of Defense, to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

b. (2) The Contractor shall report the following information pursuant to paragraph (c)(1) of this clause:

i. (i) Within 1 business day from the date of such identification or notification:

the contract number; the order number(s), if applicable; supplier name;

brand; model number (Original Equipment Manufacturer (OEM) number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

ii. (ii) Within 10 business days of submitting the report pursuant to paragraph (c)(1) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://dibnet.dod.mil/ https://dibnet.dod.mil/ describe the efforts it undertook to prevent use or submission of a covered article, any reasons that led to the use or submission of the covered article, and any additional efforts that will be incorporated to prevent future use or submission of covered articles.

4. (d) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts, including subcontracts for the acquisition of commercial items.

(End of clause)

Signature Date

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Oct 2020)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision— Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The

Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that— It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures.

(1) Disclosure for the representation in paragraph (d)(1) of this provision. If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2020)

(a) Definitions. As used in this clause— Backhaul means intermediate links between the core network, or backbone network, and the small subnetworks at the edge of the network (e.g., connecting cell phones/towers to the core telephone network).

Backhaul can be wireless (e.g., microwave) or wired (e.g., fiber optic, coaxial cable, Ethernet).

Covered foreign country means The People’s Republic of China.

Covered telecommunications equipment or services means–

(1) Telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities);

(2) For the purpose of public safety, security of Government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities);

(3) Telecommunications or video surveillance services provided by such entities or using such equipment; or

(4) Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country.

Critical technology means–

(1) Defense articles or defense services included on the United States Munitions List set forth in the International Traffic in Arms Regulations under subchapter M of chapter I of title 22, Code of Federal Regulations;

(2) Items included on the Commerce Control List set forth in Supplement No. 1 to part 774 of the Export Administration Regulations under subchapter C of chapter VII of title 15, Code of Federal Regulations, and controlled-

(i) Pursuant to multilateral regimes, including for reasons relating to national security, chemical and biological weapons proliferation, nuclear nonproliferation, or missile technology; or

(ii) For reasons relating to regional stability or surreptitious listening;

(3) Specially designed and prepared nuclear equipment, parts and components, materials, software, and technology covered by part 810 of title 10, Code of Federal Regulations (relating to assistance to foreign atomic energy activities);

(4) Nuclear facilities, equipment, and material covered by part 110 of title 10, Code of Federal Regulations (relating to export and import of nuclear equipment and material);

(5) Select agents and toxins covered by part 331 of title 7, Code of Federal Regulations, part 121 of title 9 of such Code, or part 73 of title 42 of such Code; or

(6) Emerging and foundational technologies controlled pursuant to section 1758 of the Export Control Reform Act of 2018 (50 U.S.C. 4817).

Interconnection arrangements means arrangements governing the physical connection of two or more networks to allow the use of another's network to hand off traffic where it is ultimately delivered (e.g., connection of a customer of telephone provider A to a customer of telephone company B) or sharing data and other information resources.

Reasonable inquiry means an inquiry designed to uncover any information in the entity's possession about the identity of the producer or provider of covered telecommunications equipment or services used by the entity that excludes the need to include an internal or third-party audit.

Roaming means cellular communications services (e.g., voice, video, data) received from a visited network when unable to connect to the facilities of the home network either because signal coverage is too weak or because traffic is too high.

Substantial or essential component means any component necessary for the proper function or performance of a piece of equipment, system, or service.

(b) Prohibition.

(1) Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. The Contractor is prohibited from providing to the Government any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR 4.2104.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub.

L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract, or extending or renewing a contract, with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, unless an exception at paragraph (c) of this clause applies or the covered telecommunication equipment or services are covered by a waiver described in FAR

4.2104. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

(c) Exceptions. This clause does not prohibit contractors from providing—

(1) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(d) Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph (d)(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information; in the case of the Department of Defense, the Contractor shall report to the website at https://dibnet.dod.mil. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order or, in the case of the Department of Defense, identify both the indefinite delivery contract and any affected orders in the report provided at https://dibnet.dod.mil.

(2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause

(i) Within one business day from the date of such identification or notification: the contract number;

the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(ii) Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

(e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph (e) and excluding paragraph (b)(2), in all subcontracts and other contractual instruments, including subcontracts for the acquisition of commercial items.

End of Clause

52.204-26 Covered Telecommunications Equipment or Services-Representation (Oct 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c)

(1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it

□ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (OCT 2021)

(DEVIATION)

(a) Definition. As used in this clause - United States or its outlying areas means—

(1) The fifty States;

(2) The District of Columbia;

(3) The commonwealths of Puerto Rico and the Northern Mariana Islands;

(4) The territories of American Samoa, Guam, and the United States Virgin Islands; and

(5) The minor outlying islands of Baker Island, Howland Island, Jarvis Island, Johnston Atoll, Kingman Reef, Midway Islands, Navassa Island, Palmyra Atoll, and Wake Atoll.

(b) Authority. This clause implements Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, dated September 9, 2021 (published in the Federal Register on September 14, 2021, 86

FR 50985).

(c) Compliance. The Contractor shall comply with all guidance, including guidance conveyed through Frequently Asked Questions, as amended during the performance of this contract, for contractor or subcontractor workplace locations published by the Safer Federal Workforce Task Force (Task Force Guidance) at https:/www.saferfederalworkforce.gov/contractors/.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in subcontracts at any tier that exceed the simplified acquisition threshold, as defined in Federal Acquisition Regulation 2.101 on the date of subcontract award, and are for services, including construction, performed in whole or in part within the United States or its outlying areas.

(End of clause)

Department of the Treasury Acquisition Procedures (DTAP) 1037.71-Contract

Subpart 1037.71—Contractor Staffing Plan and Workforce Reporting Requirements

1037.7100 Scope of Part.

This policy applies to all Treasury bureaus and offices and to all solicitations, contracts, task orders, and calls for services—including those awarded or set aside under any Small Business Preference Program, such as the 8(a), Small Disadvantaged Business (SDB), Women-Owned Small Business (WOSB), Historically Underutilized Business Zone (HUBZone), and Service-Disabled Veteran-Owned Small Business (SDVOSB) programs— whether issued under Treasury or other agency ordering vehicles.

1037.7101 Policy.

Contracting Officers (COs) shall include the deliverables discussed in this subpart in the format shown in Attachments 1 and 2 below (in Excel or Word table format) in every solicitation for services and incorporate them into the resulting contract or order.

(a) Initial Staffing Plan (Proposal Deliverable). Offerors shall submit an initial staffing plan using the template at Attachment 1 as part of the technical proposal. The plan shall reflect the proposed labor mix for the base and each option period and identify prime and subcontractor roles. (1) Prime Performance Threshold Certification. In accordance with FAR 52.219-14, Limitations on Subcontracting, offerors shall certify in their initial staffing plan that the small business prime contractor will perform at least 51 percent of the cost of contract performance incurred for personnel with its own employees or those of other similarly situated small business concerns. The staffing plan shall include a clear breakdown of prime versus subcontractor labor hours and cost by labor category for the base and each option period. This information shall be used by the CO to verify compliance at award.

(b) Post-Award Monthly Workforce Report (Recurring Deliverable). Contractors shall submit the workforce report using the template at Attachment 2 with each invoice submitted. (1) Monthly Prime Contractor Certification. Contractors shall include with each monthly workforce report a certification signed by an authorized company officer affirming that, based on current performance data, the small business prime and its similarly situated subcontractors collectively performed at least 51 percent of the total contract cost for personnel during the reporting period. This information shall be used by the CO to verify compliance throughout performance.

(c) Protection of PII and Use of Unique Identifier. The monthly report adds limited personally identifiable information (PII) fields (last name, first name, employer name) solely for workforce accountability and access management. To uniquely identify individuals without collecting Social Security Numbers (SSNs), the report shall use a unique identifier to represent the Personal Identity Verification (PIV) card identifier or agency-assigned equivalent. Contractors shall safeguard all PII consistent with agency policy and OMB requirements; encrypt report files at rest and in transit; mark them “CUI//SP-PRVCY;” and limit distribution to the CO, Contracting Officer’s Representative (COR), and designated security and human resource officials.

(d) Timing of Deliverables. COs shall insert the following templates into the solicitation/contract: the initial staffing plan template (Attachment 1) is required at proposal submission; the monthly workforce report template (Attachment 2) is required post-award monthly with each invoice submitted through the life of the contract/order.

(e) Evaluation, Award, and Surveillance. COs, in collaboration with the Treasury Chief Information Officer (CIO), shall evaluate the initial staffing plan for realism, balance, subcontract management approach, and compliance with FAR 52.219-14, Limitations on Subcontracting, consistent with the solicitation’s evaluation criteria. The approved plan becomes a baseline for contract administration and Quality Assurance Surveillance Plan (QASP) monitoring. Material changes to labor categories, employer mix, or level of effort must be coordinated with the CO and documented. COs and CORs shall use the monthly workforce reports to monitor actual prime and subcontractor labor distribution to ensure that the small business prime maintains compliance with the 51 percent performance requirement. Any material deviation from the certified ratio shall be treated as a potential noncompliance with FAR 52.219-14 and addressed through corrective action or contract administration remedies.

(f) Attachments Incorporation by Reference. COs shall incorporate Attachments 1 and 2 by reference in Section J (or equivalent) and reference them in Section F (or equivalent) for delivery schedule.

(g) Additional Information. PRIVACY & SECURITY CONTROLS: Contractors shall limit the monthly report to the fields specified above; do not include SSNs, dates of birth, home addresses, or other unnecessary PII. Reports containing PII must be encrypted, access-controlled, and transmitted via approved secure channels. Mark files “CUI//SP-PRVCY.”

Limit distribution of files with PII to the Chief Operating Officer, Chief Financial Officer, CO, COR, and designated security and human resources officials. Any suspected or confirmed breach must be reported immediately to the CO and agency privacy/security officials in accordance with OMB Memorandum M-17-12 and bureau procedures.

3. Guidance regarding the 2 Attachments (as reference in #2 above):

Attachment 1 – Initial Staffing Plan (Proposal Deliverable): Offerors shall submit an initial staffing plan using the template at Attachment 1 as part of the technical proposal.

The plan shall reflect the proposed labor mix for the base and each option period and identify prime and subcontractor roles. (1) Prime Performance Threshold Certification. In accordance with FAR 52.219-14, Limitations on Subcontracting, offerors shall certify in their initial staffing plan that the small business prime contractor will perform at least 51 percent of the cost of contract performance incurred for personnel with its own employees or those of other similarly situated small business concerns. The staffing plan shall include a clear breakdown of prime versus subcontractor labor hours and cost by labor category for the base and each option period. This information shall be used by the CO to verify compliance at award.

Attachment 2 – Post-Award Monthly Workforce Report (Recurring Deliverable):

Contractors shall submit the workforce report using the template at Attachment 2 with each invoice submitted. (1) Monthly Prime Contractor Certification. Contractors shall include with each monthly workforce report a certification signed by an authorized company officer affirming that, based on current performance data, the small business prime and its similarly situated subcontractors collectively performed at least 51 percent of the total contract cost for personnel during the reporting period. This information shall be used by the CO to verify compliance throughout performance.

(c) Protection of PII and Use of Unique Identifier. The monthly report adds limited personally identifiable information (PII) fields (last name, first name, employer name) solely for workforce accountability and access management. To uniquely identify individuals without collecting Social Security Numbers (SSNs), the report shall use a unique identifier to represent the Personal Identity Verification (PIV) card identifier or agency-assigned equivalent. Contractors shall safeguard all PII consistent with agency policy and OMB requirements; encrypt report files at rest and in transit; mark them “CUI//SP-PRVCY;” and limit distribution to the CO, Contracting Officer’s Representative (COR), and designated security and human resource officials.

(d) Timing of Deliverables. COs shall insert the following templates into the solicitation/contract: the initial staffing plan template (Attachment 1) is required at proposal submission; the monthly workforce report template (Attachment 2) is required post-award monthly with each invoice submitted through the life of the contract/order.

(e) Evaluation, Award, and Surveillance. COs, in collaboration with the Treasury Chief Information Officer (CIO), shall evaluate the initial staffing plan for realism, balance, subcontract management approach, and compliance with FAR 52.219-14, Limitations on Subcontracting, consistent with the solicitation’s evaluation criteria. The approved plan becomes a baseline for contract administration and Quality Assurance Surveillance Plan (QASP) monitoring. Material changes to labor categories, employer mix, or level of effort must be coordinated with the CO and documented. COs and CORs shall use the monthly workforce reports to monitor actual prime and subcontractor labor distribution to ensure that the small business prime maintains compliance with the 51 percent performance requirement. Any material deviation from the certified ratio shall be treated as a potential noncompliance with FAR 52.219-14 and addressed through corrective action or contract administration remedies.

Attachment 1 – Initial Staffing Plan (Proposal Deliverable) Offerors shall complete and certify the table below for the base and each option period.

Level of Effort (LoE) may be expressed in hours or FTEs, as specified by the solicitation.

Mark “CUI//SP-PRVCY.”

Line

Period of Performance

Employer Company

Labor Category

Labor Type (Technic al/Non- Technica l)

Employee Last Name

Employee First Name

PIV /

Employe e Unique ID (must provide NLT first Monthly Report)

Estimat ed LoE (Hours or FTEs)

Work Location (On/Offs ite)

Employee Work Email Address

Employee Work Phone Number

Employee Complete Work Address with Zip code t95rb Highlight

Attachment 2 – Contractors shall submit one report per contract/order, aggregated across all subcontractors.

A certified report is due within five business days after the end of each monthly billing cycle.

Mark “CUI//SP-PRVCY.”

Instructions: Contractors shall include with each monthly workforce report a certification signed by an authorized company officer affirming that, based on current performance data, the small business prime and its similarly situated subcontractors collectively performed at least 51 percent of the total contract cost for personnel during the reporting period. This information shall be used by the CO to verify compliance throughout performance. Signature of Authorized Company Official

Line

Billing Period Start and End Dates

Employer Company

Labor Category

Labor Type (Technical / Non- Technical)

Employee Name (Last name, first name)

PIV No.

(Unique

ID)

Work Status (F/T, P/T)

Hours Worked (Billing Period)

Work Location (On/Offsite)

Start/End Date on Contract

Employee Work Email Address

Employee Work Phone Number

Employee Complete Work Address with Zip code