Provisions__Clauses_-_Pilot_IRS.pdf

Solicitation Provisions & Contract Clauses

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.acquisition.gov

Number Title 52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017) 52.204-7 System for Award Management (Oct 2018) 52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Aug 2019) The Offeror represents that—It __ will, __ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation (Nov 2015) 52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

(i) The Offeror and/or any of its Principals-

(A) Are__ are not __ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have __ have not__, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are __ are not __ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have __, have not __, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied.

(ii) The Offeror has __ has not __, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

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

(b) The Offeror represents that–(1) It is __ is not __ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (2) It is __ is not __ a corporation http://www.acquisition.gov/ that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-1 Instructions to Offerors -- Commercial Items (Oct 2018) 52.212-3 Offeror Representations and Certifications-Commercial Items (Oct 2018) At the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), [Offeror to identify the applicable paragraphs at (c) through (u) of this provision that the offeror has completed for the purposes of this solicitation only, if any.] 52.217-5 Evaluation of Options (July 1990) 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transaction Relating to Iran-Representation and Certifications (Aug 2018)

(End of provisions)

52.252-2 Clauses Incorporated by Reference (Feb 1998) 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): www.acquisition.gov

Number Title 52.203-3 Gratuities (Apr 1984) 52.203-17 Contractor Employee Whistleblower Rights and Requirement to Inform Employees of Whistleblower Rights (Apr 2014) 52.212-4 Contract Terms and Conditions – Commercial Items (Oct 2018) 52.212-5 Contract Terms & Conditions Required to Implement Statutes or Executive Orders-Commercial Items. (Aug 2019)

(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 items:(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, & Services Developed or Provided by Kaspersky Lab & Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91).

(3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (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 items:[Contracting Officer check as appropriate.] http://www.acquisition.gov/

_X_ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509)).

_X_ (6) 52.204-14, Service Contract Reporting Requirements (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. (Oct 2015) (31 U.S.C. 6101 note).

_X_ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2018) (15 U.S.C.

637(d)(2) and (3)).

_X_ (17) (i) 52.219-9, Small Business Subcontracting Plan (Aug 2018) (15 U.S.C. 637(d)(4)) _X_ (19) 52.219-14, Limitations on Subcontracting (Jan 2017) (15 U.S.C.637(a)(14)).

_X_ (20) 52.219-16, Liquidated Damages-Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

_X_ (33) (i) 52.222-50, Combating Trafficking in Persons (Jan 2019) (22 U.S.C.

chapter 78 and E.O. 13627).

_X_ (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

_X_ (49) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

52.216-24 Limitation of Government Liability (Apr 1984) 52.216-25 Contract Definitization (Oct 2010) 52.217-8 Option to Extend Services (Nov 1999) The Contracting Officer may exercise the option by written notice to the Contractor within __1 day__.

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 __1 day___ provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least __1__ day before the contract expires. The preliminary notice does not commit the Government to an extension.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed __5 years and 6 months__.

52.229-3 Federal, State, and Local Taxes (Feb 2013) 52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) 52.244-6 Subcontracts for Commercial Items (Aug 2019)

(End of Clauses)

1052.252-1 IRS Provisions Incorporated by Reference (Aug 2019) This solicitation incorporates one or more solicitation provisions 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. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): www.irs.gov and on the Acquisition Gateway at https://hallways.cap.gsa.gov/app/

1052.209-9000 Notification - Organizational Conflicts of Interest (May 2018) 1052.209-9002 Notice and Consent to Disclose and Use of Taxpayer Return Information (May 2018) 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 [insert OFFEROR NAME] on this offer. I am aware that in the absence of this authorization, the taxpayer returns information of [insert OFFEROR NAME] is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation. I consent to disclosure of taxpayer return information to the following person(s):

Contracting Officer Marcy Almeida I certify that I have the authority to execute this consent on behalf of:

Offeror Name: ______________________________ Offeror Taxpayer Identification Number: ________________________ Offeror Address: ___________________________________________ Name of Individual Executing Consent: _________________________ Title of Individual Executing Consent: ___________________________ Signature: __________________ Date: _____________________ 1052.212-2 Evaluation-Commercial Items (Aug 2019) The following factors shall be used to evaluate offers: Technical, Past Performance and Price. Comparative evaluations in accordance with FAR 13.106-2(b)(3) will used to determine the best value based on: Technical (capability of the solution to meet the three (3) primary goals), Past Performance, and Price.

1052.215-9002 Expense Related to Proposal Submissions (May 2018) 1052.239-9010 Information System and Information Security Control Standards and Guidelines Applicability (Jul 2019) The contractor, by signing its offer, hereby asserts to the best of its knowledge and belief that the security control guideline(s) most suitable and applicable to the immediate contracting action, with due consideration to its proposed approach (and work environment) for fulfilling the Government’s requirements and standards for applicability described herein, is as follows (check only one block):

☐IRM 10.8.1 only ☐PUB 4812 only☐ Both IRM 10.8.1 and PUB 4812

b. The contractor, by signing its offer, hereby asserts to the best of its knowledge and belief that the security control level under PUB 4812 most suitable and applicable to the immediate contracting action, with due http://www.irs.gov/ https://hallways.cap.gsa.gov/app/ consideration to its proposed approach (and work environment) and standards for applicability described herein, is as follows (check only one): ☐SOFT ☐NET

1052.252-2 IRS Clauses Incorporated by Reference (Aug 2019) 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 solicitation provision may be accessed electronically at this/these address(es): www.irs.gov and on the Acquisition Gateway at https://hallways.cap.gsa.gov/app/ 1052.201-70 Contracting Officer's Representative (COR) Appointment and Authority (Apr 2015)

(a) The COR is Mitch Winans; Office Phone: 202-317-3488.

1052.204-9000 Submission of Security Forms and Related Materials (Jul 2019) 1052.204-9001 Notification of Change in Contractor Personnel Employment Status, Assignment, or Standing (Jul 2019) 1052.209-9001 Organizational Conflicts of Interest (May 2018) 1052.224-9000 Safeguards Against Unauthorized Disclosure of Sensitive but Unclassified Information (Jul 2019) 1052.224-9001 Mandatory IRS Information Protection and Security Awareness Training Requirements (Dec 2018) 1052.239-9007 Staff-Like Access, Use or Operation of IRS Information Technology (IT) Systems by Contractors (Jul 2019) 1052.239-9008 Information Systems and Information Security Controls for Contracting Actions Subject to Internal Revenue Manual (IRM) 10.8.1 (Dec 2018) 1052.232-9001 Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP) (Jul 2019)

(c) Contractor Point of Contact Information Contractor Name:

Contractor IPP Point of Contact Name:

Contractor Phone Number:

Contractor E-mail Address:

1052.239-9009 Information Systems and Information Security Controls for Contracting Actions Subject to IRS Publication 4812 (Jul 2019) 1052.242-9000 Post Award Evaluation of Contractor Performance (May 2018) http://www.irs.gov/ https://hallways.cap.gsa.gov/app/