Solicitation 2091JB-23-Q-00007 TAS Products.pdf

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TAS Outreach & Recruitment Products
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2091JB-23-Q-00007
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This is a request for quote (RFQ) from the Department of the Treasury Internal Revenue Service seeking customized outreach products based on design templates. The solicitation requires 167 retractable banners, 84 display kits, 168 graphic panels, 101 stretch tablecloths, 84 folding carts, and 2 pop-up displays, with artwork provided by the agency. Quotes are due by July 18, 2023 and this is a 100% small business set-aside under NAICS 323111. Products must be delivered to 84 locations within 21 days of order receipt. The contracting officer will evaluate pricing for line items 1 through 7. This is a firm-fixed-price solicitation.

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Attachment 1 - Artwork.pdf PDF
Attachment 2 - Outreach_Products_Quantities_and_Addresses.xlsx XLSX spreadsheet

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REQUEST FOR QUOTE (RFQ)

Taxpayer Advocate Service (TAS) TAS Outreach & Recruitment Products

Solicitation# 2091JB-23-Q-00007 / Ref: 5000172341

Introduction

This requirement is for customized outreach products based on design templates prepared by TAS.

This is a combined synopsis/solicitation for a commercial item prepared in accordance with the format outlined in FAR Subpart 12.6. Streamlined Procedures for Evaluation and Solicitation for Commercial Items, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; quotes are being requested, and a written solicitation document will not be issued.

Contractor shall provide the items identified herein under the policies and procedures prescribed in Federal Acquisition Regulation (FAR) Part 12 and Acquisition of Commercial Items, in conjunction with Part 13, Simplified Acquisitions Procedures.

THIS IS A 100% SMALL BUSINESS SET-ASIDE IAW 52.219-6, Notice of Total Small Business Set-Aside, under the following: NAICS Code: 323111 - Commercial Printing (except Screen and Books), Size standard: 650 employees

Period of Performance / Delivery Date:

ASAP

Type of Contract

Firm-Fixed-Price

Evaluation Criteria

Vendor to provide pricing for Line Items 1 to 7. Please refer to the Statement of Work (SOW) for requirement specifications. See 52.212-2 Evaluation—Commercial Products and Commercial Services (Nov 2021) for evaluation criteria.

Instructions

1. Send dated quote to Contracting Officer Karl Antolin at karl.m.antolin2@irs.gov.

Questions must be submitted no later than July 14, 2023 by 12pm EST.

2. Provide pricing on a per quantity basis for each line items 1-7.

3. Along with your quote complete and rqeturn forms IR1052.209-9002 52.209-11 and Invoice Processing Platform Clauses (page 3-8).

Quote Submissions Date

Quotes are due by 500pm (EST) on Tuesday, July 18th 2023.

Additional

Invoices must be submitted via the Invoice Processing Platform at www.ipp.gov. Copy of the invoice must be uploaded into IPP.

STATEMENT OF WORK

TAS Outreach & Recruitment Products

INTRODUCTION

This acquisition is required for the Communications, Stakeholder Liaison, and Online Services (CSO) office of the Taxpayer Advocate Service (TAS), a division of the Internal Revenue Service (IRS). The physical location of this office is at 1111 Constitution Ave, NW, Room 1314, Washington, DC.

The Office of Taxpayer Advocate is an independent organization within the IRS that helps taxpayers resolve problems with the IRS and recommends changes that will prevent the problems. The goals of the TAS Office are to protect individual and business taxpayer rights and to reduce taxpayer burden. TAS independently represents the taxpayers’ interests and concerns within the IRS.

TAS was created as part of the Internal Revenue Service Restructuring and Reform Act of 1998. Led by the National Taxpayer Advocate, the TAS is a self-governing organization, independent of the IRS. TAS facilitates taxpayers in dealing with the IRS.

BACKGROUND

By statute, every state has at least one Local Taxpayer Advocate (LTA) whose responsibility includes performing Outreach activities to taxpayers in their area.

TAS requires a standard set of products for every LTA to effectively conduct outreach activities and have these items available to individually transport.

The LTAs host community outreach events, recruitment fairs, and Problem- Solving Days on a recurring basis, and this suite of outreach products will fulfill the need for such events. Additionally, TAS performs recruitment-related outreach independently of other LTA-hosted Outreach activities. Therefore, these products are also needed by the Recruitment office to individually transport to and effectively conduct recruitment events.

SCOPE of WORK

The contractor shall provide customized outreach products based on design templates prepared by TAS. The following items will be provided:

1. 33.5” Retractable banner with full-color high resolution graphics printed on vinyl. Viewable area 33.5” X 78.765”; graphic size (with bleed) 33.5”W X 83.75” H; with aluminum base and print support pole, top clamp and travel bag.

2. 4’ Display Kit with Graphic Panels, full color custom artwork on three graphic panels printed on Titan no-curl laminated media that attaches using hook-and-loop fasteners; frameless display; with carrying case. Overall dimensions 54” X 24” X 22”; individual panel dimensions 17” X 23”.

3. 4’ replacement graphic panel, fits Item #141009, Display Kit. Dimensions 17” X 23”; full color, full bleed, printed on no-curl laminated media, custom artwork

4. 8’ Digitally Printed Stretch polyester tablecloth with custom artwork; PMS colors/artwork to be provided by customer; designed to cover all sides of the table with custom artwork on top, front, and sides. Fits 8’ tables (96” L X 30” W X 29” H); overall dimensions 133” X 79”; imprint size up to 125” W X 71” H.

5. Foldable Handcart with one-color custom logo silkscreen imprint on one side, steel tube frame with 300PU coated Oxford fabric; maximum load up to 100 kg; includes dust bag with handles; dimensions 47.3” X 35” X 20.5”

6. 8’ stretch fabric Pop-up display (frame + graphic), custom artwork, dye sublimated on polyester knit; hook-and-loop fastener attaches to aluminum frame with nylon plastic hubs; including carry bag. Display size 89” X 89” X 12”; template size 114”W X 88.5” H; endcaps 11.81” on both sides.

7. Shipping – see Shipping Requirements below.

Item 1 – Retractable Banner

▪ The Contractor shall provide the quantity of 167 of the Retractable Banner Kit with the artwork provided by TAS.

Item 2 – Trifold Tabletop Display

▪ The Contractor shall provide the quantity of 84 of the 4' Display Kit with the artwork provided by TAS.

Item 3 – Trifold Display

▪ The Contractor shall provide the quantity of 168 of the Graphic Panels with the artwork provided by TAS

Item 4 – Stretch Tablecloth

▪ The Contractor shall provide the quantity of 101 of the digitally printed table cover with the artwork provided by TAS.

Item 5 – Folding Trolley

▪ The Contractor shall provide the quantity of 84 of the folding handcart with the artwork provided by TAS.

Item 6 – Pop-up Display

▪ The Contractor shall provide the quantity of 2 of the 8' Pop-Up Display with the artwork provided by TAS.

Item 7 – Shipping

▪ The Contractor shall provide pricing for each shipping location designated below.

Artwork is provided in Attachment 1. Artwork may be subject to minor updates and final versions of artwork will be provided upon contract award.

PERIOD OF PERFORMANCE

The period of performance for this award is as soon as possible but no later than 21 calendar days from receipt of order. Anticipated award date is no later than July 24, 2023.

PLACE OF PERFORMANCE

The work will take place at the location of the vendor.

SHIPPING REQUIREMENTS

The contractor shall deliver all customized products to 84 drop points within 21 calendar days of receipt of order. See Exhibit A for shipping destinations.

IR1052.209-9002 Notice and Consent to Disclose and Use of Taxpayer Return Information (May 2018)

(a) Definitions. As used in this provision—

Authorized representative(s) of the offeror means the person(s) identified to the Internal Revenue Service (IRS) within the consent to disclose by the offeror as authorized to represent the offeror in disclosure matters pertaining to the offer.

Delinquent Federal tax liability means any unpaid Federal tax liability that has been assessed for which all judicial and administrative remedies have been exhausted or have lapsed and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

Tax check means an IRS process that accesses and uses taxpayer return information to support the Government’s determination of an offeror’s eligibility to receive an award including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5(b)).

(b) Notice. Pursuant to 26 USC 6103(a) - taxpayer return information with few exceptions is confidential. Under the authority of 26 U.S.C. 6103(h)(1) officers and employees of the Department of the Treasury including the IRS may have access to taxpayer return information as necessary for purposes of tax administration. The Department of the Treasury has determined that an IRS contractor’s compliance with the tax laws is a tax administration matter and that the access to and use of taxpayer return information is needed for determining an offeror’s eligibility to receive an award including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5).

(1) The performance of a tax check is one means that will be used for determining an offeror’s eligibility to receive an award in response to this solicitation (see FAR 9.104).

As a result the offeror may want to take steps to confirm it does not have a delinquent Federal tax liability prior to submission of its response to this solicitation. If the offeror recently settled a delinquent Federal tax liability the offeror may want to take steps to obtain information in order to demonstrate the offeror’s responsibility to the contracting officer (see FAR 9.104-5).

(c) The offeror shall execute the consent to disclosure provided in paragraph (d) of this provision and include it with the submission of its offer. The consent to disclosure shall be signed by an authorized person as required and defined in 26 U.S.C. 6103(c) and 26 CFR 301.6103(c)-1(e)(4).

(d) Consent to disclosure. I hereby consent to the disclosure of taxpayer return information (as defined in 26 U.S.C. 6103(b)(2)) as follows

[Insert OFFEROR NAME]

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

[Insert OFFEROR NAME]

I am aware that in the absence of this authorization the taxpayer returns information of [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.

[insert PERSON(S) NAME AND CONTACT INFORMATION]

I consent to disclosure of taxpayer return information to the following person(s)

Karl Antolin Contracting Officer Internal Revenue Service Procurement Operations Branch Western Region Email karl.m.antolin2@irs.gov

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

Offeror Name [Insert OFFEROR NAME]

Offeror Taxpayer Identification Number [Insert Offeror Taxpayer Identification Number]

Offeror Address [Insert Offeror Address]

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

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

Signature Date

(End of provision)

Phone Number for Individual Executing Consent

SAM Unique Entity ID

CAGE Code

(Please Insert your Company Letterhead here and remove the RED text)

FROM U.S. DEPARTMENT OF TREASURY

INTERNAL REVENUE SERVICE

NORTHEAST AREA FIELD PROCUREMENT OPERATIONS

A. Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)

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 that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

SIGNATURE DATE

TITLE

IR1052.232-9001 Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP) (Jul 2019)

(a) Definitions

Short payment as used in this clause means the partial payment of an invoice for goodsservices actually rendered at the time of payment when the invoice includes additional goodsservices that have not yet been providedrendered.

Short payment example The contract requires the delivery of a set number of items with the price delivery location and delivery due date also specified. The vendor delivers 50% of the items as specified but invoices for 100% of the items. Before implementation of the IPP the IRS would have paid the vendor for the items delivered and instructed the vendor to re-invoice the IRS when the balances of the items were delivered. In other words the IRS would short pay the invoice since the IRS did not remit payment for the full invoice amount. With implementation of the IPP the IRS can no longer do this because the IRS cannot accept an electronic invoice that includes items not yet received.

The IRS will reject the invoice. The vendor needs to submit an invoice for only the items received by the IRS (in this case 50%) and if these items meet all other contract terms and conditions the IRS will pay the invoiced amount. The vendor submits subsequent invoice(s) for items as they are delivered and accepted.

(b) The Invoice Processing Platform (IPP) is a secure Web-based electronic invoicing and payment information service available to all Federal agencies and their suppliers. Effective October 1 2012 invoicing for payment through the IPP will be mandatory for all new contract awards. Additional information regarding the IPP may be found at the IPP website address httpswww.ipp.gov. Contractors must complete the contractor point of contact information below and submit it with their proposal submissions. Contractors may contact the IPP Helpdesk for assistance via e- mail at ippgroup@stls.frb.org or via phone at (866) 973-3131. Once a contract award has been made the contractor will be contacted by the IPP via e-mail to set-up an account. It will be necessary for contractors to login to their IPP accounts every 90 days to keep their IPP accounts active.

(c) Contractor Point of Contact Information

Contractor Name

Contractor IPP Point of Contact Name

Contractor Phone Number

Contractor E-mail Address

(d) Electronic Invoicing and Payment Requirements

Vendor invoices submitted electronically through the IPP should be in the proper format and contain the information required for payment processing. To be approved for payment a proper invoice must list the items specified in FAR 52.232-25 (a)(3)(i) through (a)(3)(x) or in the case of a Commercial Item Contract the items included in 52.212- 4(g)(1)(i) through (g)(1)(x).

If the vendor is offering a discount via the IPP the discount must be reflected on the invoice. The vendor will select 'Create Invoice'. The IPP system will default to 'Net 30 Prompt Pay' under the Payment Terms dropdown box. The vendor will select from 54 different discount options for the invoice that is being created. If the vendor chooses to offer a discount on the invoice screen the information will interface to the payment system for processing. Discounts that are offered on attachments rather than the invoice itself cannot be accepted.

Under this contract the following documents are required to be submitted as an attachment to the invoice (Contracting Officer fills in additional documentation that must be furnished by the contractor (e.g. timesheet)). Please do not submit into IPP any documentationattachments that conflict with what is stated on the invoice

Payment and Invoice Questions

For payment and invoice questions contact the Ancillary Systems at (304) 254-3372 or via e-mail at cfo.fm.ipp.customer.support@irs.gov.

(e) Waiver

If the Contractor is unable to use the IPP for submitting payment requests starting on October 1 2012 then a waiver form must be completed and submitted with the contractor's proposal submission for review and approval by the Contracting Officer based on one of the conditions listed in the waiver. The vendor will be notified prior to award as to whether their request for waiver has been approved or denied. If the waiver is granted then a copy of the waiver must be submitted with each paper invoice that the vendor submits to the payment office or the invoice will be returned.

(f) Short Payment

Short payment on vendor submitted invoices will no longer be processed or paid. If any portion of the invoice does not meet the requirements for a proper invoice the entire invoice shall be rejected and returned to the vendor unpaid.

IRS Invoice Processing Platform (IPP) Waiver Form

The IRS invoicing and payment requirements clause (IR1052.232-9000) requires that all invoices under awards made (or effective) on or after October 1 2012 be submitted electronically via the IPP unless a waiver is requested and granted. If the Contractor is unable to submit its invoice through the IPP the Contractor shall complete this waiver form indicating the reason for the waiver request by selecting the appropriate box below and providing a narrative summarizing in detail the circumstances requiring a waiver. For a solicitation submit the waiver form with the proposal submission. For a modification that incorporates the IPP clause into an existing contract submit the waiver form with the modification. The CO will notify the vendor via e-mail or another appropriate means of communication prior to award as to whether their waiver has been approved or denied. If the waiver is granted then a copy of the approved waiver must be submitted with each invoice that the vendor submits to the payment office or the invoice will be returned.

Reason for requesting a waiver of the requirement to submit an electronic invoice via the IPP

[ ] 1. Submission of invoices through IPP would impose a hardship on an individual (includes employees and sole proprietors) due to either a physical or mental disability; a geographic language or literacy barrier; or an undue financial burden. The requirement to submit invoices through the IPP is automatically waived for all individuals who do not have payment capability using ACH with a U.S. financial institution.

[ ] 2. The political financial or communications infrastructure where the place of business is located does not support access to the IPP for submitting invoices electronically.

[ ] 3. The contractor is located within an area designated by the President of the United States or an authorized agency administration as a disaster area. (Please identify arealocation.)

[ ] 4. The submission of invoices electronically may pose a threat to national security the life or physical safety of an individual may be endangered or a law enforcement action may be compromised.

[ ] 5. The agency does not expect to receive more than one invoice from the same contractor within a one-year period. i.e. the invoice submission is non-recurring.

[ ] 6. The contractor customarily submits a high volume of invoices on a regular basis via file format not currently supported by the IPP (i.e. uses a file format other than XML or CSV) and the high volume of invoices would cause a significant burden to the contractor if submitted through the IPP individually. If utilizing this exception please identify the file formats supported by your invoicing system so that the IPP may consider implementing the requested file format at a later date. File format(s) used

[ ] 7. Other - Please explain

Attach a separate sheet of paper with a summary narrative substantiating the circumstances for the waiver exception selected from above (1 through 7).

Waiver Submitted By

Contractor Name

Name of Person Submitting Request for Waiver Title

Signature of Person Submitting Request for Waiver

E-mail Address Phone No.

ContractOrder No. Date Submitted

Waiver Approved By

Contracting Officer's Name Printed

Contracting Officer's Signature Date

(End of Clause)

Incorporated Clauses

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 thisthese address(es) www.acquisition.gov

(End of clause)

52.203-18 Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation (Jan 2017)

– Incorporated by Reference

52.203-19 Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) – Incorporated by Reference

52.204-7 System for Award Management (Oct 2018) – Incorporated by Reference

52.204-13 System for Award Management Maintenance (Oct 2018) – Incorporated by Reference

52.204-16 Commercial and Government Entity Code Reporting (Aug 2020)

52.204-18 Commercial and Government Entity Code Maintenance (Aug 2020)

52.204-19 Incorporation by Reference of Representations and Certifications (Dec 2014) – Incorporated by Reference

52.204-21 Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) – Incorporated by Reference

52.204-23 Prohibition on Contracting for Hardware Software and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) – Incorporated by Reference

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021) – Incorporated by Reference

52.204-25 Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) – Incorporated by Reference

52.204-26 Covered Telecommunications Equipment or Services- Representation (Oct 2020) – Incorporated by Reference

52.209-2 Prohibition on Contracting with Inverted Domestic Corporations— Representation (Nov 2015) – Incorporated by Reference

52.209-5 Certification Regarding Responsibility Matters (Aug 2020) – Incorporated by Reference

52.209-10 Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015) – Incorporated by Reference

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

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act 2015 (Pub. L. 113-235) and similar provisions if contained in subsequent appropriations acts the Government will not enter into a contract with any corporation that—

(1) 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 where the awarding agency is aware of the unpaid tax liability unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months where the awarding agency is aware of the conviction unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(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 that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(End of provision)

52.211-11 Liquidated Damages-Supplies Services or Research and Development (Sept 2000) – Incorporated by Reference

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (Dec 2022) – Incorporated by Reference

52.212-4 Contract Terms and Conditions—Commercial Products and Commercial Services. (Dec 2022) – Incorporated by Reference

52.215-8 Order of Precedence—Uniform Contract Format (Oct 1997) – Incorporated by Reference

52.219-14 Limitations on Subcontracting (Oct 2022) – Incorporated by Reference

52.222-41 Service Contract Labor Standards (Aug 2018) – Incorporated by Reference

52.222-50 Combating Trafficking in Persons (Nov 2021) – Incorporated by Reference

52.222-55 Minimum Wages Under Executive Order 14026 (Jan 2022) – Incorporated by Reference

52.223-18 Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) – Incorporated by Reference

52.232-33 Payment by Electronic Funds Transfer-System for Award Management (Oct 2018) – Incorporated by Reference

52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013) – Incorporated by Reference

52.232-40 Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) – Incorporated by Reference

52.233-1 Disputes (May 2014) – Incorporated by Reference

52.233-3 Protest after Award (Aug 1996) – Incorporated by Reference

52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004) – Incorporated by Reference

52.239-1 Privacy or Security Safeguards (Aug 1996) – Incorporated by Reference

52.243-1 Changes-Fixed Price (Aug 1987) – Incorporated by Reference

52.246-1 Contractor Inspection Requirements (Apr 1984) – Incorporated by Reference

52.249-1 Termination for Convenience of the Government (Fixed-Price) (Short Form) (Apr 1984) – Incorporated by Reference

52.253-1 Computer Generated Forms (Jan 1991) – Incorporated by Reference

AB1052.212-4 Contract Terms and Conditions-Commercial Items (ALTERNATE II) (DEVIATION 2016-00001) (APR 2018) – Incorporated by Reference

AB1052.232-39 Unenforceability of Unauthorized Obligations (Deviation 00002) (APR 2018) – Incorporated by Reference

AB1052.232-71 Commercial Supplier Agreements-Unenforceable Clauses.

(Deviation 00003) (APR 2018) – Incorporated by Reference

DT1052.210-70 CONTRACTOR PUBLICITY (APR 2015) – Incorporated by Reference

DT1052.232-7003 ELECTRONIC SUBMISSION OF PAYMENT

REQUESTS (APR 2015) – Incorporated by Reference

IR1052.204-9000 Submission of Security Forms and Related Materials (Jun 2021) – Incorporated by Reference

IR1052.204-9001 Notification of Change in Contractor Personnel Employment Status Assignment or Standing (Jun 2021) – Incorporated by Reference

IR1052.204-9002 IRS Specialized Information Technology (IT) Security Training (Role-Based) Requirements (Jun 2022) – Incorporated by Reference

IR1052.224-9000 Safeguards Against Unauthorized Disclosure of Sensitive but Unclassified Information (Nov 2021) – Incorporated by Reference

IR1052.224-9001 Mandatory IRS Security Privacy Training for Information Systems Information Protection and Facilities Physical Access (Nov 2022) – Incorporated by Reference

52.212-1 Instructions to Offerors—Commercial Products and Commercial Services.

Instructions to Offerors—Commercial Products and Commercial Services (Nov 2021)

(a) North American Industry Classification System (NAICS) code and small business size standard.

The NAICS code(s) and small business size standard(s) for this acquisition appear elsewhere in the solicitation. However, the small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees if the acquisition—

(1) Is set aside for small business and has a value above the simplified acquisition threshold; (2)Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or

(3)Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women- owned, or women-owned small business set-aside or sole-source award regardless of dollar value.

(b) Submission of offers. Submit signed and dated offers to the office specified in this solicitation at or before the exact time specified in this solicitation. Offers may be submitted on the SF 1449, letterhead stationery, or as otherwise specified in the solicitation. As a minimum, offers must show—

(1) The solicitation number;

(2) The time specified in the solicitation for receipt of offers;

(3) The name, address, and telephone number of the offeror;

(4) A technical description of the items being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. This may include product literature, or other documents, if necessary;

(5) Terms of any express warranty;

(6) Price and any discount terms;

(7) "Remit to" address, if different than mailing address;

(8) A completed copy of the representations and certifications at Federal Acquisition Regulation

(FAR) 52.212-3 (see FAR 52.212-3(b) for those representations and certifications that the offeror shall complete electronically);

(9) Acknowledgment of Solicitation Amendments;

(10) Past performance information, when included as an evaluation factor, to include recent and relevant contracts for the same or similar items and other references (including contract numbers, points of contact with telephone numbers and other relevant information); and

(11) If the offer is not submitted on the SF 1449, include a statement specifying the extent of agreement with all terms, conditions, and provisions included in the solicitation. Offers that fail to furnish required representations or information, or reject the terms and conditions of the solicitation may be excluded from consideration.

(c) Period for acceptance of offers. The offeror agrees to hold the prices in its offer firm for 30 calendar days from the date specified for receipt of offers, unless another time period is specified in an addendum to the solicitation.

(d) Product samples. When required by the solicitation, product samples shall be submitted at or prior to the time specified for receipt of offers. Unless otherwise specified in this solicitation, these samples shall be submitted at no expense to the Government, and returned at the sender’s request and expense, unless they are destroyed during preaward testing.

(e) Multiple offers. Offerors are encouraged to submit multiple offers presenting alternative terms and conditions, including alternative line items (provided that the alternative line items are consistent with

FAR subpart 4.10), or alternative commercial products or commercial services for satisfying the requirements of this solicitation. Each offer submitted will be evaluated separately.

(f) Late submissions, modifications, revisions, and withdrawals of offers.

(1) Offerors are responsible for submitting offers, and any modifications, revisions, or withdrawals, so as to reach the Government office designated in the solicitation by the time specified in the solicitation.

If no time is specified in the solicitation, the time for receipt is 4:30 p.m., local time, for the designated

Government office on the date that offers or revisions are due.

(2)

(i) Any offer, modification, revision, or withdrawal of an offer received at the Government office designated in the solicitation after the exact time specified for receipt of offers is "late" and will not be considered unless it is received before award is made, the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition; and-

(A) If it was transmitted through an electronic commerce method authorized by the solicitation, it was received at the initial point of entry to the Government infrastructure not later than 5:00 p.m. one working day prior to the date specified for receipt of offers; or

(B) There is acceptable evidence to establish that it was received at the Government installation designated for receipt of offers and was under the Government’s control prior to the time set for receipt of offers; or

(C) If this solicitation is a request for proposals, it was the only proposal received.

(ii) However, a late modification of an otherwise successful offer, that makes its terms more favorable to the Government, will be considered at any time it is received and may be accepted.

(3) Acceptable evidence to establish the time of receipt at the Government installation includes the time/date stamp of that installation on the offer wrapper, other documentary evidence of receipt maintained by the installation, or oral testimony or statements of Government personnel.

(4) If an emergency or unanticipated event interrupts normal Government processes so that offers cannot be received at the Government office designated for receipt of offers by the exact time specified in the solicitation, and urgent Government requirements preclude amendment of the solicitation or other notice of an extension of the closing date, the time specified for receipt of offers will be deemed to be extended to the same time of day specified in the solicitation on the first work day on which normal

Government processes resume.

(5) Offers may be withdrawn by written notice received at any time before the exact time set for receipt of offers. Oral offers in response to oral solicitations may be withdrawn orally. If the solicitation authorizes facsimile offers, offers may be withdrawn via facsimile received at any time before the exact time set for receipt of offers, subject to the conditions specified in the solicitation concerning facsimile offers. An offer may be withdrawn in person by an offeror or its authorized representative if, before the exact time set for receipt of offers, the identity of the person requesting withdrawal is established and the person signs a receipt for the offer.

(g) Contract award (not applicable to Invitation for Bids). The Government intends to evaluate offers and award a contract without discussions with offerors. Therefore, the offeror’s initial offer should contain the offeror’s best terms from a price and technical standpoint. However, the Government reserves the right to conduct discussions if later determined by the Contracting Officer to be necessary. The

Government may reject any or all offers if such action is in the public interest; accept other than the lowest offer; and waive informalities and minor irregularities in offers received.

(h) Multiple awards. The Government may accept any item or group of items of an offer, unless the offeror qualifies the offer by specific limitations. Unless otherwise provided in the Schedule, offers may not be submitted for quantities less than those specified. The Government reserves the right to make an award on any item for a quantity less than the quantity offered, at the unit prices offered, unless the offeror specifies otherwise in the offer.

(i) Availability of requirements documents cited in the solicitation.

(1)

(i) The GSA Index of Federal Specifications, Standards and Commercial Item Descriptions, FPMR

Part 101-29, and copies of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained for a fee by submitting a request to-

GSA Federal Supply Service Specifications Section Suite 8100 470 East L’Enfant Plaza, SW

Washington, DC 20407

Telephone (202) 619-8925

Facsimile (202) 619-8978.

(ii) If the General Services Administration, Department of Agriculture, or Department of Veterans

Affairs issued this solicitation, a single copy of specifications, standards, and commercial item descriptions cited in this solicitation may be obtained free of charge by submitting a request to the addressee in paragraph (i)(1)(i) of this provision. Additional copies will be issued for a fee.

(2) Most unclassified Defense specifications and standards may be downloaded from the following

ASSIST websites:

(i) ASSIST ( https://assist.dla.mil/online/start/).

(ii) Quick Search ( http://quicksearch.dla.mil/).

(3) Documents not available from ASSIST may be ordered from the Department of Defense Single

Stock Point (DoDSSP) by-

(i) Using the ASSIST Shopping Wizard (https://assist.dla.mil/wizard/index.cfm);

(ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-Fri, 0730 to 1600

EST; or

(iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111-

5094, Telephone (215) 697-2667/2179, Facsimile (215) 697-1462.

(4) Nongovernment (voluntary) standards must be obtained from the organization responsible for their preparation, publication, or maintenance.

(j) Unique entity identifier.(Applies to all offers that exceed the micro-purchase threshold, and offers at or below the micro-purchase threshold if the solicitation requires the Contractor to be registered in the

System for Award Management (SAM).) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation "Unique Entity Identifier" followed by the unique entity identifier that identifies the Offeror's name and address. The Offeror also shall enter its Electronic Funds

Transfer (EFT) indicator, if applicable. The EFT indicator is a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the Offeror to establish additional SAM records for identifying alternative EFT accounts (see FAR subpart 32.11) for the same entity. If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for unique entity identifier establishment directly to obtain one. The Offeror should indicate that it is an offeror for a

Government contract when contacting the entity designated at www.sam.gov for establishing the unique entity identifier.

(k) [Reserved]

(l) Debriefing. If a post-award debriefing is given to requesting offerors, the Government shall disclose the following information, if applicable:

(1) The agency’s evaluation of the significant weak or deficient factors in the debriefed offeror’s offer.

(2) The overall evaluated cost or price and technical rating of the successful and the debriefed offeror and past performance information on the debriefed offeror.

(3) The overall ranking of all offerors, when any ranking was developed by the agency during source selection.

(4) A summary of the rationale for award;

(5) For acquisitions of commercial products, the make and model of the product to be delivered by the successful offeror.

(6) Reasonable responses to relevant questions posed by the debriefed offeror as to whether source-selection procedures set forth in the solicitation, applicable regulations, and other applicable authorities were followed by the agency.

(End of provision)

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial

Services.

Offeror Representations and Certifications—Commercial Products and Commercial Services (Oct 2022)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) Definitions. As used in this provision—

"Covered telecommunications equipment or services" has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or

Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror.

Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation, means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6

U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government.

If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for

Certain Telecommunications and Video Surveillance Services or Equipment.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub.

L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern

Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the

Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education;

or

(6) Have been voluntarily suspended."Sensitive technology"—

Sensitive technology—

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency

Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern—

(1) Means a small business concern—

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veteransor, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding

$750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR

124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name.

The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38

U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with

13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)

(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph

(b)(2) of this provision do not automatically change the representations and certifications in SAM.

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information, the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR

52.212-3, Offeror Representations and Certifications-Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR

4.1201), except for paragraphs .

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted electronically on SAM.]

(c) Offerors must complete the…

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