IRS Publication 1075 Contract Addendum for Printer Equipment.pdf

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State of Maine, Office of Information Technology IRS Publication 1075 Contract Addendum for Printer Equipment

This Contract Addendum (the “Addendum”) applies to printer equipment subject to the purchasing agreement contract (“Contract”) dated ____________ by and between the State of Maine (“State”), and ______________, a state of ______________ corporation (“Contractor”).

ADDENDUM:

A. IRS Publication 1075 Compliance

Notwithstanding anything to the contrary in the Contract, the Contractor warrants that printer equipment and related devices (“devices”) that are provided to the State pursuant to the Contract for receiving, processing, storing, accessing, protecting and/or transmitting Federal Tax Information (FTI) meet the requirements for the protection of the confidentiality of FTI as required by Internal Revenue Services (IRS) Publication 1075 (Publication 1075). To meet the functional and assurance requirements of Publication 1075, the Contractor warrants that the security features of the leased devices are sufficient to meet all of Publication 1075’s managerial, operational and technical controls and agrees to support and keep all firmware up to date with the most current firmware available. The Contractor agrees that least functionality controls are in place with all devices, which includes controls for disabling all unneeded network protocols, services, and the assignment of a dedicated static internet protocol (IP) address to the leased devices. The Contractor ensures that all access enforcement controls are configured correctly in accordance with Publication 1075, including access controls for file shares, administrator and non-administrator privileges and document retention functions. The Contractor warrants that all Publication 1075 security features are configured and activated for all devices to protect the State against unauthorized use of, and access to FTI.

The Contractor agrees that any Publication 1075 deficiencies identified by the IRS associated with these devices during an IRS audit of the State will be swiftly remediated by the Contractor to the satisfaction of the State in accordance with the following IRS audit timeframes:

1. For critical IRS audit findings, the Contractor will have up to three months to remediate the findings after the IRS’s on-site audit closing date (“closing date”);

2. For significant IRS audit findings, the Contractor will have up to six months to remediate the findings after the closing date;

3. For moderate IRS audit findings, the Contractor will have up to nine months to remediate the findings after the closing date; and

4. For limited IRS audit findings, the Contractor will have up to twelve months to remediate the findings after the closing date.

In the event of a breach of the terms of this Addendum, the State, in addition to any other remedies at law or in equity it may have, will be entitled to terminate the lease agreement with the Contractor and seek reimbursement of any unused portion of fees associated with the lease agreement, as well as any equitable relief, including injunctive relief and specific performance.

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This Addendum contains the entire agreement and understanding between the State and the Contractor (“the Parties”) relating to the subject matter hereof and supersedes all other prior agreements and understandings, both written and oral, between the Parties with respect to the subject matter hereof.

CONTRACTOR:

By ______________________________________ Date _________________________________

Name

Title: _________________________________________________________________________

STATE OF MAINE:

By ______________________________________ Date _________________________________

Name

Title:__________________________________________________________________