Amend 2 - RFQ-FSA-48140100-23-009.pdf

RFQ-FSA-48140100-23-009

Request for all Quotes

The Bureau of the Fiscal Service, on behalf of their Disbursing and Debt Management Services (DDM) is issuing this solicitation as a Small Business Set-aside for a Contractor to provide a part-time Management Consultant for a 12-month period of performance in accordance with the performance work statement, herein.

TABLE OF CONTENT

CONTRACT CLAUSES ..................................................................................... Pages 2- 14

PERFORMANCE WORK STATEMENT ............................................................ .Pages 15 – 21

NOTICES AND PROVISIONS ........................................................................... Pages 22-25

QUOTE INSTRUCTIONS AND REPRESENTATIONS… ..................................... . Pages 26-45

IMPORTANT DUE DATES

Quote Please provide a quote and complete all items as listed within the Quote Instructions section of the solicitation provisions on or before 10:00 pm EST April 19th, 2023 at purchasing@fiscal.treasury.gov, with the subject line of the Email "Quote for RFQ FSA-48140100-23-009, Attn: TASHCROFT/

TWIGGERS”

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 address: https://www.acquisition.gov/far

52.252-6 AUTHORIZED DEVIATIONS IN CLAUSES (NOV 2020)

(a) The use in this solicitation or contract of any Federal Acquisition Regulation (48 CFR Chapter1) clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the date of the clause.

(b) The use in this solicitation or contract of any Department of Treasury Acquisition Procedures 48 CFR Chapter 10 clause with an authorized deviation is indicated by the addition of “(DEVIATION)” after the name of the regulation.

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (MAR 2023)

1052.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL ITEMS. (ALTERNATE II) (APR

2018) (DEVIATION 2016-00001)

(e) Definitions.

(2) As used in this clause, "Commercialsupplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercialitem set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercialsupplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercialcomputer software and commercialtechnicaldata, but they may apply to any supply or service. The term applies-

(i) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation.

(ii) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with

Laws Unique to Government Contracts, Unauthorized Obligations, a n d Commercial Supplier Agreements - Unenforceable Clauses paragraphs of this clause,

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments.

(9) The specification.

(u) Unauthorized Obligations

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such language, provision, or clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such language, provision, or clause is deemed to be stricken from the CSA.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(w) Commercialsupplier agreements -unenforceable clauses. When any supply or service acquired under this contract is subject to a CSA, the following language shall be deemed incorporated into the CSA. As used herein, "this agreement" means the CSA:

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or instrumentality of the Government,the following shall apply:

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the Government for the acquisition of the supply or service that necessitates a license (including all contracts,task orders, and delivery orders under FAR part 12).

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind a Government employee or person acting on behalf of the Government in his or her personal capacity.

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the Government to the laws of a U.S. state, U.S.territory, district, or municipality, or a foreign nation, except where Federal law expressly provides for the application of such laws, is hereby deleted.

(B) Any language requiring dispute resolution in a specific forum or venue that is different from that prescribed by applicable Federal law is hereby deleted.

(C) Any language prescribing a different time period for bringing an action than that prescribed by applicable Federal law in relation to a dispute is hereby deleted.

(iv) Continued performance The supplier or licensor shall not unilaterally revoke, terminate or suspend any rights granted to the Government except as allowed by this contract. If the supplier or licensor believes the Government to be in breach of the agreement, it shall pursue its rights under the Contract Disputes Act or other applicable Federal statute while continuing performance as set forth in paragraph

(d) of this clause.

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or relating to this agreement, a binding arbitration shall not be used unless specifically authorized by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs or interest, may be awarded against the Government only when explicitly provided by statute (e.g., Prompt Payment Act or Equal Access to Justice Act).

(vi) Updating terms.

(A) After award, the contractor may unilaterally revise terms if they are not material. A material change is defined as:

(1) Terms that change Government rights or obligations;

(2) Terms that increase Government prices;

(3) Terms that decrease overall level of service; or

(4) Terms that limit any other Government right addressed elsewhere in this contract.

(B) For revisions that will materially change the terms of the contract, the revised commercial supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are inconsistent with any material term or provision of this contract shall not be enforceable against the Government, and the Government shall not be deemed to have consented to them.

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under this agreement (e.g., annual software maintenance or annual lease term), such license or service shall not renew automatically upon expiration of its current term without prior express consent by an authorized Government representative.

(viii) Indemnification. Any clause of this agreement requiring the commercialsupplier or licensor to defend or indemnify the end user is hereby amended to provide that the U.S. Department of Justice has the sole right to represent the United States in any such action, in accordance with 28 U.S.C.516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit the end user's compliance with this agreement is hereby amended as follows:

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or licensor to the Government. Any resulting invoice must comply with the proper invoicing requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the Government, will be resolved through paragraph

(d) of this clause; no payment obligation shall arise on the part of the Government until the conclusion of the dispute process.

(C) Any audit requested by the commercial supplier or licensor will be performed at the commercial supplier’s or licensor’s expense, without reimbursement by the Government and must be performed within the parameters of the Government’s security procedures.

(D) The Contractor must notify the Contracting Officer of any audit request.

(x) Taxes or surcharges. Any taxes or surcharges which the commercialsupplier or licensor seeks to pass along to the Government as end user will be governed by the terms of the underlying Government contract and, in any event, must be submitted to the Contracting Officer for a determination of applicability prior to invoicing unless specifically agreed to otherwise in the underlying contract.

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations thereunder be delegated, without the Government's prior approval, except as expressly permitted under paragraph (b) of this clause.

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is hereby amended to state that neither the agreement nor the contract price, as applicable, shall be deemed "confidential information." Issues regarding release of "unit pricing" will be resolved consistent with the Freedom of Information Act.

Notwithstanding anything in this agreement to the contrary,the Government may retain any confidentialinformation as required by law, regulation or its internal document retention procedures for legal, regulatory or compliance purposes;

provided, however, that all such retained confidentialinformation will continue to be subject to the confidentiality obligations of this agreement.

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the preceding paragraph (w)(1) of this clause, the language, provisions, or clause of paragraph (w)(1) of this clause shall prevail to the extent of such inconsistency.

52.212-4 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL PRODUCTS AND COMMERCIAL

SERVICES (NOV 2021) (Alternate I)

A labor-hour contract is contemplated. As such, the following information is being provided.

(a) (4) Insert portion of labor rate attributable to profit. 10%

(e) (1)(iii)(D) Insert any subcontracts for services to be excluded from the hourly rates prescribed in the schedule. None

(i) (1)(ii)(D)

(1) Insert each element of other direct costs (e.g., travel, computer usage charges, etc. Insert “None” if no reimbursement for other direct costs will be provided. If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the elements of other direct charge(s) for that order or, if no reimbursement for other direct costs will be provided, insert ‘None’.” Travel

(2) Insert a fixed amount for the indirect costs and payment schedule. Insert “$0” if no fixed price reimbursement for indirect costs will be provided. (If this is an indefinite delivery contract, the Contracting Officer may insert “Each order must list separately the fixed amount for the indirect costs and payment schedule or, if no reimbursement for indirect costs, insert ‘None’.” $0.00

1052.201-70 CONTRACTING OFFICER’S REPRESENTATIVE (COR) APPOINTMENT AND

AUTHORITY (APR 2015)

(a) The COR(s) are named on the award form. Should a change to the COR(s) be necessary in the future, they will be named on the modification SF-30.

(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 in writing 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 workday.

(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.”

1052.210-70 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 during the evaluation of past performance.

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 30 days of contract expiration.

52.232-18 AVAILABILITY OF FUNDS (APR 1984)

LAPSE FUNDING

In the event of a lapse funding resulting in a government shutdown, the status of Fiscal Year funding and any necessary action required of the Contractor will be made available at the following website:

https://www.fiscal.treasury.gov/doing-business-with-fiscal-service/. It is the Contractor's responsibility to monitor this website for information regarding Fiscal Year funding.

1052.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS.(April 2018)

(DEVIATION 00002)

(a) Definition. As used in this clause-

"Commercialsupplier agreements" means terms and conditions customarily offered to the public by vendors of supplies or services that meet the definition of commercial item set forth in FAR 2.101 and intended to create a binding legal obligation on the end user. Commercial supplier agreements (CSA) are particularly common in information technology acquisitions, including acquisitions of commercialcomputer software and commercialtechnicaldata, but they may apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), or another similar legal instrument or agreement, and may be presented as part of an offer or quotation responding to a solicitation.

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented as one or more paper documents or may appear on a computer or other electronic device screen during a purchase, software installation, other product delivery, registration for a service, or another transaction.

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under this contract is subject to any CSA, that includes any language, provision, or clause requiring the Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" agreements), execution does not bind the Government or any Government authorized end user to such clause.

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.

(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (APR 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment with associated supporting documentation. The payment request must comply with the requirements identified in FAR 32.905(b), "Content of Invoices" and the applicable Payment clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP, including IPP Customer Support is available at www.ipp.gov or any successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the Contracting Officer’s written authorization with each payment request.

PAYMENT AND INVOICE QUESTIONS (IPP)

For payment and invoice questions, go to https://arc.fiscal.treasury.gov/vendors-and-contractors/ or contact Accounts Payable at (304) 480-8000 option 7 or via email at AccountsPayable@fiscal.treasury.gov.

OVERPAYMENTS

In accordance with 52.212-4 section (i) 5 Overpayments: Accounts Receivable Conversion of Check Payments to electronic funds transfer (EFT): If the Contractor sends the Government a check to remedy duplicate contract financing or an overpayment by the government, it will be converted into an EFT. This means the Government will copy the check and use the account information on it to electronically debit the Contractor's account for the amount of the check. The debit from the Contractor's account will usually occur within 24 hours and will be shown on the regular account statement.

The Contractor will not receive the original check back. The Government shall destroy the Contractor's original check, but will keep a copy of it. If the EFT cannot be processed for technical reasons, the Contractor authorizes the Government to process the copy in place of the original check.

MARKING OF SHIPMENTS AND INVOICES

The Contractor shall ensure the contract number is clearly visible on all shipping/service documents, containers, and invoices.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR

EXECUTIVE ORDERS -- COMMERCIAL PRODUCTS AND COMMERCIAL SERVICES (MAR

2023)

(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) 52.232-40 Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801).

(6) 52.233-3 Protest After Award (AUG 1996) ( 31 U.S.C. 3553).

(7) 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:

(1) 52.203-6 Restrictions on Subcontractor Sales to the Government (JUN 2020), with Alternate I (NOV

(2) 52.203-13 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655).

Contractor Code of Business Ethics and Conduct (NOV

(3) 52.203-15

2021) ( 41 U.S.C. 3509))..

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.)

(4) 52.204-10 Reporting Executive Compensation and First-Tier Subcontract

(5) [Reserved] Awards (JUN 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note).

(6) 52.204-14 Service Contract Reporting Requirements (OCT 2016) (Pub. L. 111-

(7) 52.204-15

117, section 743 of Div. C).

Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (OCT 2016) (Pub. L. 111-117, section 743 of Div. C).

(8) 52.209-6 Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed

(9) 52.209-9 for Debarment. (NOV 2021) ( 31 U.S.C. 6101 note).

Updates of Publicly Available Information Regarding Responsibility

(10) [Reserved]

Matters (OCT 2018) ( 41 U.S.C. 2313).

(11) 52.219-3 Notice of HUBZone Set-Aside or Sole-Source Award (OCT 2022) ( 15 U.S.C. 657a).

(12) 52.219-4 Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2022) (if the offeror elects to waive the preference,

(13) [Reserved] it shall so indicate in its offer) ( 15 U.S.C. 657a)

(14)(i) 52.219-6 Notice of Total Small Business Set-Aside (NOV

(ii) Alternate I 2020) ( 15 U.S.C. 644).

(MAR 2020) of 52.219-6.

(15)(i) 52.219-7 Notice of Partial Small Business Set-Aside (NOV

(ii) Alternate I 2020) ( 15 U.S.C. 644).

(MAR 2020) of 52.219-7.

(16) 52.219-8 Utilization of Small Business Concerns (OCT

(17)(i) 52.219-9 2022) ( 15 U.S.C. 637(d)(2) and (3)).

Small Business Subcontracting Plan (OCT

(ii) Alternate I 2022) ( 15 U.S.C. 637(d)(4)).

(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 (OCT 2022) ( 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 (OCT 2022) ( 15 U.S.C. 657f).

(22)(i) 52.219-28 Post Award Small Business Program Rerepresentation (MAR

(ii) Alternate I 2023) ( 15 U.S.C. 632(a)(2)).

(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 (OCT

(24) 52.219-30 2022) ( 15 U.S.C. 637(m)).

Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small

(25) 52.219-32 Business Program (OCT 2022) ( 15 U.S.C. 637(m)).

Orders Issued Directly Under Small Business Reserves (MAR

(26) 52.219-33 2020) ( 15 U.S.C. 644(r)).

Nonmanufacturer Rule (SEP 2021) ( 15U.S.C. 637(a)(17)).

(27) 52.222-3 Convict Labor (June 2003) (E.O. 11755).

(28) 52.222-19 Child Labor—Cooperation with Authorities and Remedies (DEC

2022) (E.O. 13126).

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

(30)(i) 52.222-26 Equal Opportunity (Sept 2016) (E.O. 11246).

(ii) Alternate I (FEB 1999) of 52.222-26.

(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.

(32)(i) 52.222-36 Equal Opportunity for Workers with Disabilities (JUN

(ii) Alternate I 2020) ( 29 U.S.C. 793).

(JUL 2014) of 52.222-36.

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

(34) 52.222-40 Notification of Employee Rights Under the National Labor Relations

Act (DEC 2010) (E.O. 13496).

(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 (MAY 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial

(37)(i) 52.223-9 products or commercial services as prescribed in FAR 22.1803.)

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

(ii) Alternate I items.)

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

(38) 52.223-11 items.)

Ozone-Depleting Substances and High Global Warming Potential

(39) 52.223-12 Hydrofluorocarbons (Jun 2016) (E.O. 13693).

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

(ii) Alternate I 2014) (E.O.s 13423 and 13514).

(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-

(43)(i) 52.223-16 Consuming Products (MAY 2020) ( 42 U.S.C. 8259b).

Acquisition of EPEAT®-Registered Personal

(ii) Alternate I Computer Products (OCT 2015) (E.O.s 13423 and 13514).

(JUN 2014) of 52.223-16.

(44) 52.223-18 Encouraging Contractor Policies to Ban Text Messaging While

(45) 52.223-20 Driving (JUN 2020) (E.O. 13513).

Aerosols (JUN 2016) (E.O. 13693).

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

(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)(i) 52.225-1 Buy American-Supplies (OCT 2022) ( 41 U.S.C. chapter 83).

(ii) Alternate I (OCT 2022) of 52.225-1.

(49)(i) 52.225-3 Buy American—Free Trade Agreements—Israeli Trade Act (DEC

2022) (19 U.S.C. 3301, 19 U.S.C. 2112, 19 U.S.C. 3805, 19 U.S.C.

4001, 19 U.S.C. chapter 29 (sections 4501-4732), Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-

(ii) Alternate I 138, 112-41, 112-42, and 112-43.

[Reserved[

(iii) Alternate II (DEC 2022) of 52.225-3.

(iv) Alternate III (JAN 2021) of 52.225-3.

(v) Alternate IV (Oct 2022) of 52.225-3.

(50) 52.225-5 Trade Agreements (DEC 2022) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

(51) 52.225-13 Restrictions on Certain Foreign Purchases (FEB 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign

(52) 52.225-26

Assets Control of the Department of the Treasury).

Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year

(53) 52.226-4 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note).

Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150).

(54) 52.226-5 Restrictions on Subcontracting Outside Disaster or Emergency Area

(55) 52.229-12 (Nov2007) ( 42 U.S.C. 5150).

Tax on Certain Foreign Procurements (FEB 2021).

(56) 52.232-29 Terms for Financing of Purchases of Commercial Products and Commercial Services (NOV

(57) 52.232-30 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805).

Installment Payments for Commercial Products and Commercial

(58) 52.232-33 Services (Nov 2021) (41 U.S.C. 4505, 10 U.S.C. 3805)..

Payment by Electronic Funds Transfer-System for Award

(59) 52.232-34

Management (OCT2018) ( 31 U.S.C. 3332).

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

(63)(i) 52.247-64 2017) ( 15 U.S.C. 637(d)(13)).

Preference for Privately Owned U.S.-Flag Commercial Vessels (NOV

(ii) Alternate I 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631).

(APR 2003) of 52.247-64.

(iii) Alternate II (NOV 2021) of 52.247-64.

ds to

(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

(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).

Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (AUG

(3) 52.222-43

2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67).

Fair Labor Standards Act and Service Contract Labor Standards-Price (4) 52.222-44

Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67).

E Exemption from Application of the Service Contract Labor Standar to Contracts for Maintenance, Calibration, or Repair of Certain

(5) 52.222-51

Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67).

Exemption from Application of the Service Contract Labor Standards Contracts for Certain Services-

(6) 52.222-53

Requirements (MAY 2014) ( 41 U.S.C. chapter 67).

Minimum Wages for Contractor Workers Under Executive Order

14026 (JAN 2022).

(7) 52.222-55

(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. 179).

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 2022) (DEVIATION 2023- 00002) ( 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 (May 2014) ( 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 (MAY 2022) (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. Subtitle A, Part V, Subpart G 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) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (MAR 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40

(xxiii) 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.

PERFORMANCE WORK STATEMENT

UNITED STATES OF THE TREASURY

BUREAU OF THE FISCAL SERVICE

Disbursing and Debt Management MANAGEMENT CONSULTANT TO SUPPORT Debt INPUT MANAGEMENT

APPLICATION

1.0 OVERVIEW & BACKGROUND

The Bureau of the Fiscal Service (Fiscal Service) is a bureau of the United States Department of the Treasury. The mission of Fiscal Service is to promote the financial integrity and operational efficiency of the United States Government through exceptional accounting, financing, collections, payments, and shared services. Fiscal Service plays a key role in supporting the Department of the Treasury’s strategic goal of managing the United States Government’s finances effectively by operating as the financial manager and principal fiscal agent for the Federal Government. This role includes managing the national finances by collecting money due to the United States (including delinquent debt), making its payments, preventing improper payments, perform debt to finance the operations of the United States government.

Disbursing and Debt Management (DDM) is an organization within Fiscal Service. The mission of DDM partnering across government to deliver exemplary payment and receivables services on behalf of the federal government. DDM’s goal is to be the central disbursing and debt collection office, leading the financial community in innovative and transformational solutions and services.

2.0 OBJECTIVE/SCOPE OF WORK

The objective of this performance work statement (PWS) provide management consulting for part-time development, maintenance, and operational support for the DDM Debt Mainframe Input Management application on a variable as-needed basis. The Debt Input Management application supports the Treasury Offset Program (TOP), FedDebt, Fiscal Service Operational Records Management System (FORMS), and Centralized Receivables Service (CRS) mainframe file processing.

3.0 TASKS AND DELIVERABLES

Th e management consultant shall provide as needed services described within the scope and the following tasks and deliverables:

3.1 Mentor and train the Debt File Processing Operations and Software Testing staff on Mainframe technologies, Debt Mainframe Input Management file processing operations, and Mainframe trouble-shooting techniques.

3.2 Troubleshoot and resolve mainframe Debt file processing production operational issues.

3.3 Support Input Management application and configuration changes to support Debt onboarding new file types and agency file transfer changes.

3.4 Support developing test plans to test Debt Input Management on the IBM Smart Cloud. Testing includes on the Development FM1E and Production FM4B and FM1D LPARS on IBM Smart Cloud.

3.5 Provide hands-on support to validate that Debt Input Management is fully operational for the Fiscal Service Mainframe cutover to the IBM Smart Cloud on Labor Day Weekend (date subject to change).

3.6 Provide knowledge and advice on to the DDM developers that are refactoring and transitioning the Mainframe Input Management application to the AWS Cloud.

3.7 Support the testing and validating Input Management functionality during the Cloud

POC.

3.8 Support Debt Software Testing team to troubleshoot and resolve agency debt file testing issues and support with Input Management configuration setup for agency file testing.

Deliverable: Provide Monthly Report

4.0 PLACE OF PERFORMANCE

The COR will let you know if work is needed at the following Fiscal Service locations:

Department of the Treasury 836 15th Street North Birmingham, AL 35203

Department of the Treasury 401 14th Street, SW Washington, DC 20227

Department of the Treasury 1619 E Woodward Street Austin, TX 78741

5.0 PERIOD OF PERFORMANCE

The overall period of performance shall be twelve (12) months from the date of award.

6.0 ACQUISITION TYPE

This requirement is anticipated to result in a Labor Hour Contract.

7.0 KEY PERSONNEL AND PERSONNEL MINIMUM QUALIFICATIONS

The Government defines “key personnel” as the individual(s) (i.e. project manager) who will be accountable for overseeing and possibly completing some of the work that the Government requires under this task order that if they were not in place then the work would not be successfully completed.

7.1 The Contractor’s key personnel shall

a. Have 10 years’ IBM Mainframe experience; REXX and COBOL programing, JCL, TSO/E and ISPF/PDF including tables, skeletons and file tailoring, Connect:Direct scripting.

b. Have 10 years’ CA mainframe experience; CA-View, CA-Deliver and CA-ESP with expertise of the CA-ESP job scheduling system.

c. Maintain and debug the TOP, FedDebt, Salary, and Letter File Processing Input Management REXX applications and migration of the Input Management code/scripts changes to UAT and production environments.

7.2 Identification of Key Personnel

For the purpose of this contract/, the approved Contractor’s key personnel is/are TBD (identified at award).

8.0 KEY PERSONNEL REPLACEMENT PROCESS

Key personnel may, with the consent of the contracting parties, be amended from time to time during the course of the contract to add or remove key personnel. A formal modification is only required when the key personnel are specifically named in the contract. This process only applies to the extent that the contract does not otherwise specify notice or personnel replacement obligations.

Government Request

The Government may require replacement of key personnel in the instance of non-performance, misconduct, or alleged misconduct whose continued use under a contract is contrary to the best interests of the Government. Circumstances that support a request for replacement include but are not limited to performance that is inconsistent with the contract performance work statement (PWS), terms and conditions, or violations of Federal laws, regulations, or agency conduct standards. The Contracting Officer’s Representative (COR) will give written notice to the Contractor of the need for substitution, including the circumstances surrounding the request for replacement. In accordance with FAR Part 1.602-2(b), the Contracting Officer (CO) will ensure the Contractor receives impartial, fair, and equitable treatment; however, the CO is not required to investigate or validate allegations or wait until a final resolution of the circumstances surrounding the request for replacement before requiring substitution of key personnel.

Within twenty-four (24) hours of receiving notice, the Contractor shall respond to the Government’s request to replace key personnel and provide key personnel replacement resume(s) to the COR(s).

The resume(s) shall demonstrate that the qualifications of proposed replacement key personnel meet the qualifications stated in the PWS. The COR will notify the Contractor, in writing, within forty-eight

(48) hours of receiving key personnel replacement resume(s) if the Contractor provided replacement personnel is acceptable. The Government reserves the right to disapprove the proposed substitute(s) and negotiate with the Contractor for other key personnel replacement(s). Any Contractor replacement of key personnel must be done in consultation with the COR. The process for replacing key personnel as described above does not suspend the Contractor’s obligation to continue performance under the contract.

Contractor Request

If the Contractor must substitute key personnel, the Contractor shall provide written notice to the COR and the CO two (2) calendar weeks before the proposed replacement date, whenever possible. At a minimum, the Contractor shall provide the Government with notice forty-eight (48) hours before replacement. The only exception to the forty-eight (48) hour notice is death, incapacitation, abrupt termination, or resignation from employment of key personnel where the Contractor’s notice was less than forty-eight (48) hours. If the deadline for providing notice falls on Friday after 5:00 pm, a weekend, or on a Federal Holiday, the Contractor shall provide notice the next business day if more than forty-eight (48) hours. The notice shall state the circumstances necessitating the proposed substitution of the key personnel and shall provide resume(s) of proposed replacement key personnel for review and consultation. The Contractor shall demonstrate that the qualifications of the proposed substitute(s) meet the qualifications stated in the PWS. The Government reserves the right to disapprove the proposed substitute(s) and negotiate with the Contractor for other key personnel replacement(s). Assignment of key personnel must be done in consultation with the COR.

9.0 OTHER REQUIREMENTS

9.1 COMPLIANCE WITH GOVERNMENT LAWS, RULES, AND REGULATIONS

While the Contractor’s personnel are at the government facility, the Contractor is responsible for compliance with all laws, rules, and regulations governing conduct with respect to health and safety – not only as they relate to its employees and agents, but also to other personnel who are government employees or agents of the government and to property at the site regardless of ownership. While on government premises and in possession of government property, the Contractor is responsible for such property and any damages thereto by Contractor’s employees.

9.2 CONFIDENTIALITY

The Contractor recognizes that, in performing under this contract, the Contractor may obtain access to nonpublic information that is confidential or proprietary in nature. Except as permitted by this contract, the Contractor agrees that it, its employees, its subcontractors, and its subcontract employees shall not disclose to any third party, or otherwise use, any information it obtains or prepares in the course of performance of this agreement for any purpose other than to perform work under this contract without first receiving written permission from the Contracting Officer (CO) or Contracting Officer Representative (COR). The Contractor shall secure information received from or prepared or gathered for the Government under this contract in a secure location with access limited to only those personnel with a “need to know.” If disclosure of information is required by law or legal process, the Contractor shall contact the COR and the CO immediately to receive approval prior to release of any information. Notwithstanding any other language contained herein, the Contractor shall comply with 31 CFR § 31.217 (Regarding 31 CFR § 31.217, this is not a TARP covered project; however, FAS requires that nonpublic information be secured as stated in 31 CFR § 31.217. The only difference is that if information is inadvertently released, the Contractor shall contact the COR and CO listed in this contract and not contact TARP personnel). The Contractor personnel performing services under this contract shall comply and complete the security requirements listed in Attachment A – Security Requirements and Section 14.0 below at least two weeks before start date of the contract performance or before performing work under this contract. All Contractors associated with this contract shall not have access to DDM’s Personally Identifiable Information (PII) or any sensitive production data.

9.3…