II_1 2032H8-24-Q-00016 Final 8-5-24.pdf

1.0. General Information

GSA Schedule: Multiple Award Schedule (MAS) Professional Services – Business Administrative Services, Category 541611, Acquisition and Grants Management Support

Set-Aside: This RFQ is solicited as a 100% 8(a) Small Business set-aside.

Solicitation Title: IRS Human Capital Office Program Management Services BPA

Issuing Office: Internal Revenue Service, 2970 Market St., Philadelphia, PA 19104

Agency Contact: Zachary Slater, Zachary.Q.Slater@irs.gov

Questions Due Date: 08/16/2024 at 4:30 PM EST e-mail questions to Zachary.Q.Slater@irs.gov.

Please reference “RFQ 2032H8-24-Q-00016” in the subject of the email.

Quote Due Date: 09/02/2024 at 11:00 AM EST e-mail Quotes to Zachary.Q.Slater@irs.gov

Attachments: A-Price Sheet, B-PWS, C-QASP

2.0. BPA Information

2.1. NAICS Code and Small Business Size Standard: The principal nature of the requirements described in this solicitation is consistent with services performed by industries in the 541611 “Administrative Management and General Management Consulting.” The small business size standard for this acquisition is $24.5 Million.

2.2. Product Service Code (PSC): The services in this solicitation are best represented by PSC Code: R408 - Support- Professional: Program Management/Support

2.3. Type of Contract: The primary type of contract resulting from this solicitation is: A Multiple Award Blanket Purchase Agreement with Fixed Hourly rates for a five (5) year performance period. Potential Call Orders may be issued as firm-fixed price (FFP).

2.4. Type of Services: The type of services under this solicitation is:

Commercial Items Non-Commercial Items Mix of Both

2.5. Security Clearances: The clearance level for this PWS/SOW is:

Unclassified Classified Mix of Both

2.6. Kickoff Meeting: A "Kick-Off Meeting" will be scheduled by the COR no later than ten

(10) business days from date of award.

3.0. Contract Line Items (CLINs) – See Attachment A – Price Sheet

4.0. Performance Work Statement – See Attachment B – PWS

SECTION A – SUPPLEMENTAL TERMS AND CONDITIONS

I. INTRODUCTION

This agreement will be used by the Internal Revenue Service (IRS) for Human Capital Office Program Management Services. The Performance Work Statement includes a detailed description of the services that may be procured.

II. VOLUME OF PURCHASES. The Government estimates, but does not guarantee, that the volume of purchases through this agreement will be $817,100,000.00, inclusive of all potential options and Blanket Purchase Agreements awarded.

III. EXTENT OF OBLIGATION. The resulting Blanket Purchase Agreements (BPAs) awarded under this Request for Quotation (RFQ) will not obligate the government to award any calls.

Obligation of funds will occur through individual BPA Calls1 placed against the BPAs. The Contractor may invoice for costs under these BPAs only in the performance of tasks outlined in the resultant calls. No other costs are authorized without the express written consent of the Contracting Officer (CO).

IV. PERFORMANCE WORK STATEMENT (PWS)

See attachment B.

V. MULTIPLE AWARD BPA. The Government contemplates the award of up to six (6) BPAs resulting from this solicitation. All BPA Calls issued against the BPAs will be Firm-Fixed Price.

VI. CEILING PRICE. The ceiling price for awarded BPA’s combined is $817,100,000.00 for the five-year period.

VII. ORDERING PROCEDURE.

All orders (BPA Call) will be placed in writing. As a minimum, each order will contain the following information: (1) BPA and call number; (2) date of order; (3) Performance Work Statements (PWS);

(4) list of required deliverables; (5) delivery schedule; (6) place of delivery; (6) evaluation criteria;

and (7) signature of an authorizing ordering official.

Fair Opportunity Ordering Procedures:

BPA Calls:

All BPA Calls will be competed. Each individual call will include evaluation factors (technical and price) that will be used to determine award. The Contracting Officer will issue a solicitation to each contractor awarded a BPA requesting a technical and price proposal based on the PWS.

The Government will evaluate proposals and award will be made to the contractor whose proposal is determined to be the best value to the Government.

Exceptions to the above procedures: The Contracting Officer reserves the right to award without fair opportunity when the following apply:

1 The terms “BPA Call” and “Task Order (TO)” are interchangeable for this solicitation.

(a) The agency need for supplies or services is so urgent that providing a fair opportunity would result in unacceptable delays.

(b) The order must be issued on a sole source basis in the interest of the economy and efficiency because it is a logical follow-on to an order already issued under the BPA, provided that all awardees were given a fair opportunity to be considered for the original order.

(c) The agency reserves the right to restrict competition to small business if two or more small businesses receive awards under the Small Business Reserve pool.

BPA Call Proposal:

(a) The proposal shall be structured by deliverable so that the price for each deliverable can be calculated for purposes of evaluation and invoicing and to allow for partial deliveries and payments.

(b) The solicitation will indicate if any technical or other information is needed and will provide sufficient Government furnished materials/data for the Contractor to price the project.

(c) If travel is required for performance of a BPA Call, it will be included in the Contractor’s proposal for that task order and be proposed at tourist or economy class air fares and per diem amounts, and reimbursable at costs in accordance with FAR 31.205-46.

VIII. PERIOD OF PERFORMANCE

The BPAs shall be valid for a period of five years starting from the effective date of the BPA. The period of performance shall be contingent upon the Contractor maintaining a valid GSA schedule contract under 541611 – Management and Financial Consulting, Acquisition and Grants Management Support, and Business Program and Project Management Services. In no event shall the performance period extend beyond the period of performance of the identified GSA schedule contract. In addition, an annual review of the BPA will be conducted to ensure that continuation of the BPA award represents the best value to the Government, price and other factors considered.

IX. PRICING

(a) Pricing under the BPA will be in accordance with the Contractor’s most current GSA schedule prices. These prices may be further discounted to include discounts offered by the Contractor to its most favored customers.

(b) Labor categories and rates, including those reflecting a discount from GSA prices for each labor category, shall be incorporated as Section B of the BPA. The rates are offered in accordance with the full terms and conditions specified in the Contractor’s GSA Schedule 541611 Contract.

X. PRICE REDUCTIONS

(a) The Contractor shall provide the CO with a copy of all modifications to their GSA Schedule price list. If the modification results in a price reduction to any or all labor categories, the new rate shall be discounted by the same percentage applied to the initial pricing for this BPA.

(b) The Contractor may, at any time during the life of the BPA, reduce the price of a particular labor category due to market conditions or other factors. Any price reduction for the remainder of the life of the BPA shall be incorporated into the BPA by modification.

XI. MAXIMUM ORDER THRESHOLD

The maximum order threshold will be defined by the terms and conditions of the Contractor’s underlying GSA schedule contract. The Contractor shall grant the IRS additional discounts for any order over the GSA maximum order threshold.

XII. DELIVERABLES

A detailed description of all deliverables under this BPA will be included in each individual BPA Call.

XIII. INVOICES

(a) The original invoice shall be submitted electronically to improve the timeliness of the inspection and acceptance of delivered goods and/or services and receipt of payment by the Contractor. Invoices must be submitted following the conditions in clause IR1052.232-9001.

(b) To constitute a proper invoice, the invoice must include those items cited in FAR 52.232-25, Prompt Payment, Paragraphs (a)(3)(i) through (a)(3)(x).

XIV. GOVERNMENT HOLIDAYS

The Contractor is not required to provide service on U.S. Federal holidays. Unless required under the terms of the contract or authorized by the CO, the Contractor shall not work at any Government facility, nor should any deliveries under this contract be made to any Government facility, on any of the following holidays:

New Year’s Day – 1 January Martin Luther King, Jr.’s Birthday – 3rd Monday in January President’s Day – 3rd Monday in February Memorial Day – Last Monday in May Juneteenth – 19 June Independence Day – 4 July Labor Day – 1st Monday in September Columbus Day – 2nd Monday in October Veteran’s Day – 11 November Thanksgiving Day – 4th Thursday in November Christmas Day – 25 December Inauguration Day – 20 January (every four years following a Presidential election) Any other day designated by Federal Statute, Executive Order, or a Presidential proclamation.

The Contractor shall observe any other day designated by Federal statute, Executive Order or the Presidential proclamation.

When any such day falls on a Saturday, the preceding Friday is observed; when any such day falls on a Sunday, the following Monday is observed.

The amounts in schedule of the contract include an allowance for holidays to be observed. The Government will not be billed for such holidays, except when services are required by the Government and are actually performed on a holiday, as applicable.

XV. NEWS RELEASES

The Contractor shall not issue news releases pertaining to the program or BPA without prior written approval by the Contracting Officer.

XVI. AUTHORITY

Notwithstanding any of the other provisions of this BPA, the CO shall be the only individual authorized to:

(a) waive any requirement of this BPA;

(b) modify any term or condition of this BPA; or

(c) delegate authority to other contracting officers within IRS to issue BPA Calls against this BPA.

In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the contract price to cover any increase in cost incurred as a result thereof.

XVII. CONTRACTING OFFICER’S REPRESENTATIVE

The Contracting Officer’s Representative (COR) will be appointed by the CO upon award of a BPA Call. The COR(s) will serve as the primary technical contact between the IRS and the Contractor. In this role the COR(s) will provide any specialized instructions to the Contractor regarding the PWS, arrange pre-work conferences as necessary, and coordinate the review and acceptance of all tasks/services under the BPA Call. The COR(s) do not have the authority to modify, or in any way amend the prices, terms, or conditions of the BPA, or the underlying GSA schedule.

XVIII. TECHNICAL DIRECTION

1052.201-70 Contracting Officer's Representative (COR) appointment and authority. (APR 2015)

(a) The COR is TBD_

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

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COR does not have authority to issue technical direction that:

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

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

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

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

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

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

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

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

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

(End of clause)

XIX. PLACE OF PERFORMANCE

The primary place of performance will be the Contractor’s facility, however, on-site support may be needed at IRS Headquarters in downtown Washington, D.C. and may increase in frequency in response to Government workplace policy. Local travel within a 50-mile radius from the Contractor’s facility to the Government’s facility is considered the cost of doing business and will not be reimbursed. Basic facilities such as workspace will be provided while on-site in Government facilities. Activities requiring the participation of IRS employees shall be conducted during normal business hours, 8:00 AM to 5:00 PM EST. Additional detail will be provided in the

PWS.

XX. TRAVEL

Travel to IRS sites may be required for task orders issued under this BPA. Allowable travel and per diem charges are governed by Federal Travel Regulations (FTR), FAR 31.205-46, and are reimbursable by the ordering agency or can be priced as a fixed price item on orders placed under the BPA Award Schedule. Travel in performance of a task order will only be reimbursable to the extent authorized by the ordering agency.

The IRS offices which support this requirement are primarily in the Washington, DC metropolitan area, although travel to other sites may be required. The Government will be responsible for reimbursement of travel costs only when the COR has authorized such travel. All authorized travel will be paid for on a reimbursement basis in accordance with the FTR.

Costs for transportation, lodging, meals and incidental expenses incurred by the Contractor are allowable subject to the limitations contained in the Federal Travel Regulations and/or Joint Travel Regulations. They should not be included in the offered prices and will be considered at the task order level.

The Contractor shall obtain the COR’s approval in advance for any non-local travel.

XXI. CONTRACTOR PERSONNEL SECURITY AND SUITABILITY REQUIREMENTS

CONTRACTOR EMPLOYEE ON-BOARDING REQUIREMENTS

See IR1052.204-9000 Submission of Security Forms and Related Materials (JUN 2021)

XXII.CONTRACT CLAUSES

The Contractor shall comply with all contract clauses included in their GSA Schedule Contract.

52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a Multiple-Award Blanket Purchase Agreement contract resulting from this solicitation.

(End of Provision)

52.217-5 Evaluation of Options (JULY 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government’s best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. This includes options under FAR clause 52.217-8, Option to Extend Services, which applies to this solicitation. Evaluation of options under 52.217-8 will be accomplished by using the pricing offered for the last option period to determine the price a 6-month option period, which will be added to the base and other options to arrive at a total price. Evaluation of options will not obligate the Government to exercise the option(s).

(End of Provision)

52.204-27 Prohibition on a ByteDance Covered Application (JUN 2023)

52.217-8 - Option to Extend Services. (Nov 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 10 days.

(End of Clause)

52.217-9 --Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within five (5) days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least thirty (30) days before the contract expires. The preliminary notice does not commit the Government to an extension.

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

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed five (5) years.

52.219-14 Limitations on Subcontracting (Oct 2022)

(a) This clause does not apply to the unrestricted portion of a partial set-aside.

(b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that—

(1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and

(2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract.

(c) Applicability. This clause applies only to—

(1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3);

(3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15;

(4) Orders expected to exceed the simplified acquisition threshold and that are—

(i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii);

(5) Orders, regardless of dollar value, that are—

(i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or

(ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and

(6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference.

(d) Independent contractors. An independent contractor shall be considered a subcontractor.

(e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for—

(1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract;

(2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract;

(3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or

(4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded.

(f) The Contractor shall comply with the limitations on subcontracting as follows:

(1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause—

[Contracting Officer check as appropriate.]

X By the end of the base term of the contract and then by the end of each subsequent option period; or

_ By the end of the performance period for each order issued under the contract.

(2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order.

(g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants.

(1) In a joint venture comprised of a small business protégé and its mentor approved by the Small Business Administration, the small business protégé shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business protégé in the joint venture must be more than administrative functions.

(2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions.

(End of clause)

IR1052.204-9000 Submission of Security Forms and Related Materials (JUN 2021) The Treasury Security Manual (TD P 15-71) sets forth investigative requirements for contractors and subcontractors who require staff-like access, wherever the location, to

(1) IRS-owned or controlled facilities (unescorted); (2) IRS information systems(internal or external systems that store, collect, and/or process IRS information); and/or (3) IRS sensitive but unclassified (SBU) information.

“Staff-Like Access” is defined as authority granted to perform one or more of the following:

• Enter IRS facilities or space (owned or leased) unescorted (when properly badged);

• Possess login credentials to information systems (internal or external systems that store, collect, and/or process IRS information);

• Possess physical and/or logical access to (including the opportunity to see, read, transcribe, and/or interpret) SBU data; (See IRM 10.5.1 for examples of SBU data);

• Possess physical access to (including the opportunity to see, read, transcribe, and/or interpret) security items and products (e.g., items that must be stored in a locked container, security container, or a secure room. These items include, but are not limited to security devices/records, computer equipment-and identification media. For details see IRM 1.4.6.5.1, Minimum Protection Standards);or,

• Enter physical areas storing/processing SBU information (unescorted)

Staff-like access is granted to an individual who is not an IRS employee (and includes, but is not limited to: contractor/subcontractor personnel, whether procured by IRS or another entity, vendors, delivery persons, experts, consultants, paid/unpaid interns, other federal employee/contractor personnel, cleaning/maintenance personnel, etc.), and is approved upon required completion of a favorable suitability/fitness determination conducted by IRS Personnel Security.

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

Contractor/subcontractor personnel requiring staff-like access to IRS equities are subject to (and must receive a favorable adjudication or affirmative results with respect to) the following eligibility/suitability pre- screening criteria, as applicable:

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

• Selective Service registration compliance (for males born after 12/31/59); Contractors must provide proof of registration which can be obtained from the Selective Service website at www.sss.gov.;

• U.S. citizenship/lawful permanent residency compliance; If foreign-born, contractors must provide proof of U.S. citizenship or Lawful Permanent Residency status by providing their Alien Registration Number (“A” Number);

• Background investigation forms;

• Credit history;

• Federal Bureau of Investigation fingerprint results; and,

• Review of prior federal government background investigations.

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

• IRS-provided Risk Assessment Checklist (RAC);

• Non-Disclosure Agreement (if contract terms grant SBU access); and,

• Any additional required security forms, which will be made available through PS and the COR.

Contract Duration:

a. Contractor (including subcontractor) personnel whose duration of employment is 180 calendar days or more per year must meet the eligibility/suitability requirements for staff-like access and shall undergo a background investigation based on the assigned position risk designation as a condition of work under the Government contract/order/agreement.

b. If the duration of employment is less than 180 calendar days per year and the contractor requires staff-like access, the contractor (including subcontractor) personnel must meet the eligibility requirements for staff-like access (federal tax compliance, Selective Service Registration, and US Citizenship or Lawful Permanent Residency), as well as an FBI Fingerprint result screening.

c. For contractor (including subcontractor) personnel not requiring staff-like access to IRS facilities, IT systems, or SBU data, and only require infrequent access to IRS-owned or controlled facilities and/or equipment (e.g., a time and material maintenance contract that warrants access one or two days monthly), an IRS background investigation is not needed and will not be requested if a qualified escort, defined as an IRS employee or as a contractor who has been granted staff-like access, escorts a contractor at all times while the escorted contractor accesses IRS facilities, or vendor facilities where IRS IT systems hardware or SBU data is stored. As prescribed in IRM 10.23.2, escorting in lieu of staff-like access for IT systems and access to SBU data (escorted or unescorted) will not be allowed.

The contractor (including subcontractor) personnel will be permitted to perform under the contract/order/agreement and have staff-like access to IRS facilities, IT systems, and/or SBU data only upon notice of an interim or final staff-like approval from IRS Personnel Security, as defined in IRM 10.23.2 – Contractor Investigations, and is otherwise consistent with IRS security practices and related IRMs, to include, but not limited to:

• IRM 1.4.6 – Managers Security Handbook; IRM10.2.14 – Methods of Providing Protection; and, IRM 10.8.1 - Policy and Guidance.

Current Investigation Reciprocity: Individuals who possess a prior favorably adjudicated Government background investigation that meets the scope and criteria required for their position may be granted interim staff-like access approval upon verification of the prior investigation, receipt of all required contractor security forms, and favorable adjudication of IRS pre-screening eligibility/suitability checks. If their current investigation meets IRS established criteria for investigative reciprocity, individuals will be granted final staff-like access, and will not be required to undergo a new investigation beyond an approved pre- screening determination.

Flow down of clauses: The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails access to SBU information by a subcontractor, at any tier, the same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS.

IR1052.204-9001 NOTIFICATION OF CHANGE IN CONTRACTOR

PERSONNELEMPLOYMENT STATUS, ASSIGNMENT, OR STANDING

(JUNE 2021)

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

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

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

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

□ Denial of or Revocation of Access (RAC) as determined by the IRS

□ Separation, furlough or release from employment;

□ Anticipated extended absence of more than 45 days;

□ Change of legal name;

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

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

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

□ Death.

When required by the COR, the contractor may be required to provide the information required by this clause to the IRS using the Risk Assessment Checklist (RAC) or security documents as identified by Personnel Security. The notice shall include the following minimum information: The notice shall include the following minimum information:

□ Name of contractor personnel;

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

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

□ Actual or anticipated date of departure or separation;

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

□ When applicable, contractor (including subcontractor) using contractor (or subcontractor) owned systems for work must ensure that their systems are updated to ensure employees no longer have continued access to IRS work, either for systems administration or processing functions; and

□ Identification of any Government Furnished Property (GFP), Government Furnished

Equipment (GFE), or Government Furnished Information (GFI) (to include Personal Identity Verification (PIV) credentials or badges – also referred to as Smart ID cards) provided to the contractor employee and its whereabouts or status.

In the event the subject contractor (including subcontractor) is working on multiple contracts, orders, or agreements, notification shall be combined, and the cognizant COR for each affected contract or order (using the Contractor Separation Checklist (Form 14604 (Rev. 8-2016)) shall be included in the joint notification along with Personnel Security.

These documents (the RAC and security forms) are also available by email request to Personnel Security.

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

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

Flow down of clauses. The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails staff-like access to SBU information by a subcontractor, at any tier, the same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS.

IR1052.204-9002 IRS Specialized Information Technology (IT) Security Training (Role- Based) Requirements (JUN 2022)

(a) Consistent with the Federal Information Security Modernization Act of 2014 (FISMA), specialized information technology (IT) security training (role-based) shall be completed prior to access to Information Systems and annually thereafter by contractor and subcontractor personnel who have an IT security role or responsibility.

(b) Identifying contractor/subcontractor with a role or responsibility for IT security is completed by the Contractor, and verified by the COR, by completing the Risk Assessment Checklist (RAC). The roles listed in the RAC conform to those roles listed in the Internal Revenue Manual 10.8.1.2 that apply to contractor personnel. This process applies to new contractors/subcontractors, replacement personnel and for existing contractors/subcontractors whose roles change during their work on a contract. This includes, but is not limited to, having an approved elevated privilege to one or more IRS systems through the Business Entitlement Access Request System (BEARS).

(c) Prior to accessing any IT system, all contractor/subcontractor personnel must successfully complete all provisions of IR1052.204-9000 Submission of Security Forms and Related Materials.

(d) In keeping with the Security Orientation outlined in IR1052.224-9001, contractors/subcontractors designated on the Risk Assessment Checklist as performing a role shall complete approved training equal to the assigned hours within 5 business days of receiving the Personnel Security’s memo approving staff-like access.

(e) Annual Requirements: Thereafter, on an annual basis within a FISMA year cycle beginning July 1st of each year, contractor/subcontractor personnel performing under this contract in the role identified herein is required to complete specialized IT security, role-based training by June 1st of the following year.

(f) Training Certificate/Notice: The contractor shall use the Government system identified by Cybersecurity to annually complete specialized IT security training (role- based). The COR will track the courses, hours completed and the adhere to the established due dates for each contractor/subcontractor personnel. Alternatively, courses may be completed outside of the Government system. Any courses taken outside of the Government system must be pre-approved by IRS Cybersecurity’s FISMA Training Compliance team via the COR. Adequate information such as course outline/syllabus must be provided for evaluation. Once a course is approved, certificates of completion provided for each contractor/subcontractor shall be provided to COR in order to receive credit toward the required hours for the contractor/subcontractor personnel. Copies of completion certificates for externally completed course must be shared with the Contracting Officer upon request.

(g) Administrative Remedies: A contractor/subcontractor who fails to complete the specialized IT security training (role-based) requirements, within the timeframe specified, may be subject to suspension, revocation or termination (temporarily or permanently) of staff-like access to IRS IT systems.

(h) Flow down of clauses. The contractor shall include and flow down, in its subcontracts (or arrangements or outsourced service agreements) that entails staff- like access to SBU information by a subcontractor, at any tier, the same Federal Acquisition Regulation (FAR) and local security or safeguard clauses or provisions for protecting SBU information or information systems that apply to and are incorporated in its prime contract with IRS.

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:

[Insert OFFEROR NAME]

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

[Insert OFFEROR NAME]

I am aware that in the absence of this authorization, the taxpayer returns information of **7599 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 person(s):

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

[Insert OFFEROR NAME]

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

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

Title of Individual Executing Consent: _ [Insert Title of Individual Executing Consent]

Signature: Date:

(End of provision)

DT1052.210-70 Contractor Publicity (APR 2015)

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

1052.224-70 Contract Publication (OCT 2018)

(a) The Department of the Treasury (Treasury) may, at its sole discretion, publish this contract or portions thereof, including orders issued under the contract when deemed in the best interest of the Government.

(b) To afford the Contractor an opportunity to review and propose redactions for any information contained in the Treasury contact that may be subject to a FOIA exemption, the Contractor may submit, within ten business (10) days from the date of award of this contract or any order issued under the contract—

(1) A pdf file of the fully executed contract or order that is suitable for publication, and which includes all Contractor proposed redactions (e.g., trade secrets or any commercial or financial information that the Contractor believes to be privileged or confidential business information) and.

(2) A written statement identifying the portions of each proposed redactions, including the applicable exemption under the Freedom of Information Act (FOIA), 5 U.S.C. 552, and, in the case of FOIA Exemption 4, 5 U.S.C.

552(b)(4), shall demonstrate why the information is considered to be a trade secret or commercial or financial information that is privileged or confidential.

(c) Treasury will consider the Contractor’s proposed redactions and associated grounds for nondisclosure prior to making a determination as to what information may be properly withheld for purposes of publication of this contract or portions thereof.

(d) The Contractor may submit a request to the CO for additional time to complete the action prescribed by paragraph (b) of this clause. The lack of action by the Contractor will be deemed by the Government as there being no information in the Treasury contract subject to a FOIA exemption.

(e) Information provided by the Contractor in response to this clause may itself be subject to disclosure under the FOIA.

IR1052.215-9004 Key Personnel (MAY 2018)

The key personnel cited below are considered essential to the work being performed under this contract. If these individuals leave the Contractor's employ or are reassigned to other programs, the Contractor shall notify the Contracting Officer reasonably in advance and shall submit justification (including proposed substitutions) in enough detail to permit evaluation of the impact on the program.

No diversion or replacement shall be made by the Contractor without the written consent of the Contracting Officer.

Key Personnel Labor Category

Project Manager Task/Project Manager

52.223-19 Compliance with Environmental Management Systems (May 2011)

The Contractor’s work under this contract shall conform with all operational controls identified in the applicable agency or facility Environmental Management Systems and provide monitoring and measurement information necessary for the Government to address environmental performance relative to the goals of the Environmental Management Systems.

IR1052.224-9000 Safeguards Against Unauthorized Disclosure of Sensitive but Unclassified Information (NOV 2021)

1. Treasury Directive Publication 15-71 (TD P 15-71), Chapter III – Information Security, Section 24 – Sensitive But Unclassified Information defines SBU information as ‘any information, the loss, misuse, or unauthorized access to or modification of which could adversely affect the national interest or the conduct of

Federal programs, or the privacy to which individuals are entitled under Section 552a of Title 5, United States Code (USC) (the Privacy Act) but which has not been specifically authorized under criteria established by an executive order or an act of Congress to be kept secret in the interest of national defense or foreign policy.’ SBU may be categorized in one or more of the following groups—

• Federal Tax Information (FTI), including any information on or related to a tax return

• Returns and Return Information

• Sensitive Law Enforcement Information

• Employee and Personnel Information

• Personally Identifiable Information (PII)

• Information Collected or Created from Surveys

• Other Protected Information

2. Tax return or tax return information disclosed to the contractor can be used only for a purpose and to the extent authorized herein, and willful disclosure of any such tax return or tax return information for a purpose and to the extent unauthorized for provision of appraisal services to assist with the valuation of conservation easements constitutes a felony, punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five (5) years, or both, together with the costs of prosecution.

Any such knowing or negligent unauthorized disclosure of tax return or tax return information may also result in an award of civil damages in an amount not less than $1,000 plus costs with respect to each instance of unauthorized disclosure. These penalties are prescribed by the Internal Revenue Code, Sections 7213 and 7431; see also 26 CFR § 301.6103(n)-1.

3. Contractors who perform work at contractor (including subcontractor) managed sites using contractor or subcontractor managed IT resources shall adhere to the general guidance and specific privacy and security control requirements contained in Publication 4812, Contractor Security & Privacy Controls, IRM 10.23.2 - Personnel Security, Contractor Investigations, IRM 10.5.1 Privacy Policy, and IRM 10.8.1 - Information Technology (IT) Security, Policy and Guidance. Publication 4812 and IRM 10.5.1, 10.8.1 and 10.23.2 provide comprehensive lists of all security, privacy, information protection and disclosure controls and guidance.

4. Eligibility, Fitness and Suitability. Contractor (including subcontractor) personnel hired for work within the United States or its territories and possessions and who require staff-like access, wherever the location, to IRS-owned or controlled facilities or work on contracts that involve the design, operation, repair, or maintenance of information systems, and/or require staff-like access to SBU information, must meet the eligibility requirements under IRM 10.23.2, Personnel Security, Contractor

Investigations, and shall be subject to security screening and investigative processing, commensurate with the position sensitivity level, and in accordance with IRM 10.23.2, and TD P 15-71. Contractor (including subcontractor) personnel must be found both eligible and suitable, and approved for staff- like access (interim or final) by IRS Personnel Security prior to starting work on the contract/order, and before being granted access to IRS information systems or SBU information.

5. General Conditions for Allowed Disclosure. Any SBU information, in any format, made available to or created by the contractor (including subcontractor) personnel shall be treated as confidential information and shall be used only for the purposes of carrying out the requirements of this contract.