II_1_a RFP_5000133228_Final_rev.docx

DEPARTMENT OF THE TREASURY

INTERNAL REVENUE SERVICE WASHINGTON, DC 20224

To: All Eligible Contractors Subject: Request for Proposals (RFP) # 5000133228 Date: July 21, 2022

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

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

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

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

Your response to this request must be provided by 12PM EDT on Thursday, August 4, 2022.

Questions concerning this requirement should be directed to Dennis Jackson at Dennis.W.Jackson@irs.gov no later than 12PM EDT Thursday July 28, 2022.

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

Enclosures:

PART I: PERFORMANCE WORK STATEMENT

PART II: SOLICITATION PROVISIONS AND CLAUSES

PART III: PROPOSAL SUBMISSION INSTRUCTIONS

PART IV: TECHNICAL ACCEPTANCE AND EVALUATION CRITERIA

Table of Contents

RAAS SPDER ASSET AND LOCATOR SERVICES

Section I – Performance Work Statement Page 3

Section II – Clauses and Provisions Page 14

Section III – Proposal Instructions Page 90

Section IV – Technical Acceptance and Evaluation Criteria Page 91

Performance Work Statement

Asset and Locator Services IDIQ

1. BACKGROUND

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

1.1 OBJECTIVE

Offerors shall fully describe how their proposal will satisfy the IRS' research requirements. Proposals will be evaluated on how well they meet the requirements and objectives of this PWS along with their completeness and clarity in addressing these requirements.

2. PHYSICAL AND COMPUTER SECURITY OF FEDERAL TAX INFORMATION

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

2.1 PERIOD OF PERFORMANCE

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

2.2 USER AUDITS

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

2.2.1 AUDIT DATA RETENTION

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

2.2.2 AUDIT DATA REQUESTS

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

2.3 USER ACCOUNT LOG OFF/TIME OUT

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

3. IMPLEMENTATION AND OPERATION

The Offeror shall submit an "Implementation and Operation Plan" outlining how they intend to manage this service, both at time of initial roll-out to IRS and during ongoing operation. Examples of information to be included in the Implementation and Operation Plan include, but are not limited to:

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

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

3.1 MONTHLY REPORT

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

· Searches by search type of search and/or category

· Searches by Operating Division/Function

· Searches by geographical area

· Total searches by all IRS users

· Total number of user accounts for all IRS users

3.2 QUARTERLY REVIEWS

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

3.3 COPYING, DOWNLOADING AND DISTRIBUTING MATERIALS

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

· Copying of Contractor reference materials for training purposes

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

· Inserting source documents or portions thereof into other internal documents

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

· Linking to source documents on Contractor services in training materials

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

· Posting on the IRS Intranet for internal informational purposes

3.4 ENHANCEMENTS

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

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

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

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

3.5 LOSS OF CONTENT

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

3.5.1 COMPARABLE REPLACEMENT SOURCES

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

3.5.2 EVALUATION OF COMPARABLE REPLACEMENT SOURCES AND PRICING ADJUSTMENTS

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

4. DATA REQUIREMENTS

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

4.1 IRS CRIMINAL INVESTIGATION DATA REQUIREMENTS

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

4.2 MANDATORY CONTENT

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

· Aircraft

· Bankruptcy data

· Coast Guard data

· Credit Bureau Header data, including last three addresses

· Date of birth

· Fictitious Business Names

· Judgments

· Liens

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

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

· Securities and Exchange Commission (SEC) data

· Social Security Administration Master Death File

· State Department of Motor Vehicle records

· UCC filings

4.3 HIGHLY DESIRABLE CONTENT

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

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

· AKA and Alias name use information

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

· Business credit report information

· Copyright, Patent and Trademark information

· Court docket, proceedings, and settlement information

· Criminal Record information, including County and Jurisdiction data

· Department of Motor Vehicles ownership and lien information

· Federal Aviation Administration data

· Foreign corporation information data

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

· Information related to Limited Liability Companies (LLC)

· Information on 10K filings

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

· Leased vehicle information

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

· Marriage and divorce data

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

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

· Prison inmate data

· Professional License information (for both individuals and businesses)

· State Employment Commission records

· Utility locator information

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

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

· Website ownership information

4.4 RESPONSE REQUIREMENTS

The Offeror shall fully describe:

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

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

4.4.1 CONTRACTOR CERTIFICATION OF DATABASE AVAILABILITY

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

5. ONLINE WEB-BASED ASSET AND LOCATOR SERVICES RESEARCH

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

5.1 USER POPULATION

The IRS has a wide range of diverse users of Asset and Locator Services, with the primary users being revenue agents, revenue officers, special agents, tax compliance officers, customer service representatives, tax examiners, and attorneys. Approximately 20,000 IRS and Treasury Inspector General for Tax Administration (TIGTA) employees are users of Asset and Locator Services. The following table reflects the breakdown of Asset and Locator Services users by function as of December 2020.

5.1.1 USER POPULATION DETAIL

IRS Total

15,069

5.2 TECHNICAL REQUIREMENTS

The IRS has largely standardized their end-user computer workstations and operating systems. Most employees have computers running Windows 10.

5.2.1 INTERNET SECURITY REQUIREMENTS

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

5.2.2 OPERATING SYSTEM REQUIREMENTS

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

5.2.3 WEB-BASED BROWSER REQUIREMENTS

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

5.2.4 IP ADDRESS RESTRICTION REQUIREMENTS

IRS users may only access research products that include Personally Identifiable Information (PII) from IRS-issued computers, laptops, or other devices and via IRS-specific IP addresses. The Contractor shall coordinate with the COR or their designee to assure only IRS IP addresses can be used to access their product by IRS users

5.2.5 OTHER SECURITY REQUIREMENTS

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

5.3 SECTION 508 REQUIREMENTS

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

5.4 FEATURE REQUIREMENTS

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

5.4.1 CRIMINAL INVESTIGATION FEATURE REQUIREMENTS

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

5.4.2 MANDATORY FEATURES

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

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

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

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

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

· An On-line Help feature.

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

5.4.3 HIGHLY DESIRABLE FEATURES

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

· The ability to search multiple databases concurrently

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

· The ability to customize searches to eliminate unwanted data

· The ability to store reports

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

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

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

· Real property valuation calculation

· Regular and reverse lookup for cell phone data

· Automatic inclusion of business name associations into each search

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

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

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

5.4.4 RESPONSE REQUIREMENTS

The Offeror shall fully describe:

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

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

5.5 USER ACCESS

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

5.5.1 USER ACCOUNT DATA

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

· Username

· User ID (administrator-created or system generated)

· City

· State

· IRS Operating Division/Function

· IRS Email Address

5.5.2 ID ADMINISTRATION

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

· Create and manage IDs

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

· Download/export reports to a spreadsheet

5.5.3 SYSTEM REPORTS

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

· Username

· User ID

· City

· State

· IRS Operating Division/Function

· IRS Email Address

5.6 TRAINING

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

5.6.1 TRAINING PLAN

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

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

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

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

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

5.6.2 ELECTRONIC TUTORIAL

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

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

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

5.7 CONTRACTOR MARKETING AT IRS EVENTS

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

5.8 NEWSLETTER

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

6. CONTRACT MANAGEMENT

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

6.1 PLACE OF PERFORMANCE

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

6.2 PERIOD OF PERFORMANCE

After providing the required monthly report (see 3. IMPLEMENTATION AND OPERATION), the Contractor shall submit a complete invoice each calendar month to IRS via the web-based Invoice Processing Platform (IPP). Contractor invoices shall include all required fields in the IPP application. Upon IRS receipt of the Contractor invoice, the COR or their designee will facilitate payment via Receipt and Acceptance (R&A) through the Beckley Finance Center (BFC) using Prompt Pay, Small Business, or other established payment guidelines.

6.3 DELIVERABLES

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

6.4 INSPECTION AND ACCEPTANCE

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

Specific Acceptance Criteria

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

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

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

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

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

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

· Format – Deliverables shall be submitted electronically as defined in the PWS. Deliverables shall be produced using Microsoft Office 2000 Professional and/or other formats agreed upon between the Contractor and Government.

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

Rejection Procedures

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

SECTION II – CLAUSES and PROVISIONS

Federal Acquisition Regulations (FAR) Clauses and Provisions

Date

FAR 52.252.2 Clauses Incorporated by Reference (Feb 1988)

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

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

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

JUL 2018

52.224-3 Privacy Training - Alternate I

JAN 2017

Clauses and Provisions Incorporated in Full Text:

FAR Clauses Incorporated in Full Text

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Jun 2016)

(a) Definitions. As used in this clause– “Covered contractor information system” means an information system that is owned or operated by a contractor that processes, stores, or transmits Federal contract information.

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

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

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

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

(b) Safeguarding requirements and procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

(End of clause)

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

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

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

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

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

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

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

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

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

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

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

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

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

__ (5) [Reserved].

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

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

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

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

__ (10) [Reserved].

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

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

__ (13) [Reserved] __ (14)

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

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

__ (15)

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

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

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

__ (17)

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

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

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

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

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

__ (18)

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

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

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

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

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

__ (22)

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

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

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

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

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

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

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

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

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

_X_ (30)

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

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

_X_ (31)

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

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

_X_ (32)

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

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

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

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

_X_ (35)

(i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627).

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

__ (36) 52.222-54, Employment Eligibility Verification (Nov 2021) . (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.)

__ (37)

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

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

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

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

__ (40)

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

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

__ (41)

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

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

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

__ (43)

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

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

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

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

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

_X_ (47)

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

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

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

__ (49)

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

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

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

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

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

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

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

__ (53) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov2007) ( 42 U.S.C. 5150).

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

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

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

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

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

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

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

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

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

__ (63)

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

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

__ (iii) Alternate II (Nov 2021) of 52.247-64.

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

__ (1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

__ (5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

__ (7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

__ (8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid , is in excess of the simplified acquisition threshold , as defined in FAR 2.101, on the date of award of this contract , and does not contain the clause at 52.215-2, Audit and Records-Negotiation.

(1) The Comptroller General of the United States , or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor ’s directly pertinent records involving transactions related to this contract .

(2) The Contractor shall make available at its offices at all reasonable times the records, materials , and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract . If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data , regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)

(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause-

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

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

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

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

(v) 52.219-8, Utilization of Small Business Concerns (Oct 2018) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

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

(vii) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246).

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

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

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

(xi) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(xii) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter 67).

(xiii)

(A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O 13627).

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

(xiv) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -Requirements (May2014) ( 41 U.S.C. chapter 67).

(xv) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67).

(xvi) 52.222-54, Employment Eligibility Verification (Nov 2021) (E.O. 12989).

(xvii) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022).

(xviii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706).

(xix)

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

(B) Alternate I (Jan 2017) of 52.224-3.

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

(xxi) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xxii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause) 52.216-18 Ordering (Aug 2020)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from the beginning of the period of performance until the final day of the contract’s period of performance.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) A delivery order or task order is considered "issued" when—

(1) If sent by mail (includes transmittal by U.S. mail or private delivery service), the Government deposits the order in the mail;

(2) If sent by fax, the Government transmits the order to the Contractor's fax number; or

(3) If sent electronically, the Government either—

(i) Posts a copy of the delivery order or task order to a Government document access system, and notice is sent to the Contractor; or

(ii) Distributes the delivery order or task order via email to the Contractor's email…