Section H_Special Contract Requirements.pdf

REFM LOGISTICS SERVICES TIRNO-11-R-00009

SECTION H – SPECIAL CONTRACT REQUIREMENTS

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H.1 DETERMINATION, IN ACCORDANCE WITH FAR 22.1012-1

a. Upon receipt of any revisions to the applicable Service Contract Act Wage Determinations from Department of Labor, Wage and Hour Division, an amendment will be issued incorporating the revised wage determinations in to the solicitation and any resultant contract.

b. Contractors intending to perform at other than Government-furnished facilities, shall provide written notification of the intended places of performance to Contracting Officer, Debra M. Jacobs, OS:A:P:B:B:B; 6009 Oxon Hill Rd, 5th Floor; Oxon Hill, MD 20745 no later than 45 calendar days following the release of this solicitation so the applicable wage determination(s) can be obtained.

H.2 NONDISPLACEMENT OF QUALIFIED WORKERS

"(a) Consistent with the efficient performance of this contract, the contractor and its subcontractors shall, except as otherwise provided herein, in good faith offer those employees (other than managerial and supervisory employees) employed under the predecessor contract whose employment will be terminated as a result of award of this contract or the expiration of the contract under which the employees were hired, a right of first refusal of employment under this contract in positions for which employees are qualified. The contractor and its subcontractors shall determine the number of employees necessary for efficient performance of this contract and may elect to employ fewer employees than the predecessor contractor employed in connection with performance of the work. Except as provided in paragraph (b) there shall be no employment opening under this contract, and the contractor and any subcontractors shall not offer employment under this contract, to any person prior to having complied fully with this obligation. The contractor and its subcontractors shall make an express offer of employment to each employee as provided herein and shall state the time within which the employee must accept such offer, but in no case shall the period within which the employee must accept the offer of employment be less than 10 calendar days.

“(b) Notwithstanding the obligation under paragraph (a) above, the contractor and any subcontractors (1) may employ under this contract any employee who has worked for the contractor or subcontractor for at least 3 months immediately preceding the commencement of this contract and who would otherwise face lay-off or discharge, (2) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor who are not service employees within the meaning of the Service Contract Act of 1965, as amended, 41 U.S.C. 357(b), and (3) are not required to offer a right of first refusal to any employee(s) of the predecessor contractor whom the contractor or any of its subcontractors reasonably believes, based on the particular employee's past performance, has failed to perform suitably on the job.

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"(c) In accordance with Federal Acquisition Regulation 52.222–41(n), the contractor shall, not less than 10 days before completion of this contract, furnish the Contracting Officer a certified list of the names of all service employees working under this contract and its subcontracts during the last month of contract performance. The list shall also contain anniversary dates of employment of each service employee under this contract and its predecessor contracts either with the current or predecessor contractors or their subcontractors. The Contracting Officer will provide the list to the successor contractor, and the list shall be provided on request to employees or their representatives.

"(d) If it is determined, pursuant to regulations issued by the Secretary of Labor (Secretary), that the contractor or its subcontractors are not in compliance with the requirements of this clause or any regulation or order of the Secretary, appropriate sanctions may be imposed and remedies invoked against the contractor or its subcontractors, as provided by Executive Orders, the regulations, and relevant orders of the Secretary, or as otherwise provided by law.

"(e) In every subcontract entered into in order to perform services under this contract, the contractor will include provisions that ensure that each subcontractor will honor the requirements of paragraphs (a) through (b) with respect to the employees of a predecessor subcontractor or subcontractors working under this contract, as well as of a predecessor contractor and its subcontractors. The subcontract shall also include provisions to ensure that the subcontractor will provide the contractor with the information about the employees of the subcontractor needed by the contractor to comply with paragraph 5(c), above. The contractor will take such action with respect to any such subcontract as may be directed by the Secretary as a means of enforcing such provisions, including the imposition of sanctions for non-compliance: provided, however, that if the contractor, as a result of such direction, becomes involved in litigation with a subcontractor, or is threatened with such involvement, the contractor may request that the United States enter into such litigation to protect the interests of the United States."

H.3 IRSAP 1052.204-9001 IDENTIFICATION/BADGING REQUIREMENTS

(MAR 1998)

During the period of this contract, access to IRS facilities for contractor representatives shall be granted as deemed necessary by the Government. All contractor employees whose duties under this contract require their presence at any Treasury, or Treasury bureau, facility shall be clearly identifiable by a distinctive badge furnished by the Government.

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In addition, corporate identification badges shall be worn on the outer garment at all times. It is the sole responsibility of the Contractor to provide this corporate identification. Upon the termination of the employment of any contractor personnel working on this contract, all government furnished identification shall be returned to the issuing office. All on-site contractor personnel shall abide by security regulations applicable to that site.

H.4 IR 1052.204-9003 – IRS SECURITY AWARENESS TRAINING

REQUIREMENTS (AUG 2010)

(a) The Federal Information Security Management Act of 2002 (FISMA) requires each federal agency to provide periodic information security awareness training to all employees, including contractors, involved in the management, use, or operation of Federal information and information systems. In addition, IRS contractors and their employees are subject to the Taxpayer Browsing Protection Act of 1997, which prohibits willful unauthorized inspection of returns and return information. Violation of the Act could result in civil and criminal penalties.

(b) Contractors and their employees who require staff-like access to IRS information or information systems at an IRS facility or a contractor-owned/managed facility shall complete IRS security awareness training annually, as specified in the contract.

NOTE: “IRS information” means Sensitive But Unclassified (SBU) information, as defined in Internal Revenue Manual 10.8.1 – Policy and Guidance. SBU may be categorized in one or more of the following groups—

• Returns and Return Information

• Sensitive Law Enforcement Information

• Employee Information

• Personally Identifiable Information

• Other Protected Information

(c) The contractor shall ensure all contractor employees who require staff-like access to IRS owned or controlled facilities, or IRS information or information systems, regardless of their physical location, complete one or more Information Protection briefings on computer security, disclosure, privacy, physical security, and/or UNAX, as specified by CSLP. Individually and collectively, these briefings make up the IRS Security Awareness Training (SAT) requirements for the Service’s information assets.

Personnel required to complete SAT include, but are not necessarily limited to, contractor employees involved in any of the following activities:

H - 4 o Manage, program or maintain IRS information in a production environment;

o Operate an information system on behalf of the IRS;

o Conduct testing or development of information or information systems on behalf of the IRS; or o Provide advisory and assistance (consulting) services, or administrative support.

Unless otherwise provided under the terms of the immediate contract/order, contractor employees in the following service categories with facilities access only who do not have access to IRS workspace, or who work in buildings where a clean desk policy is in place for all IRS employees, are not required to complete SAT –with the exception of Physical Security Training.:

1. Medical;

2. Cafeteria;

3. Landscaping;

4. Janitorial and cleaning (daylight operations);

5. Building maintenance; or

6. Other maintenance and repair.

(d) All new contractor employees shall receive a system security orientation within the first ten (10) business days following initial assignment to any IRS contract/order, and IT security awareness training (commensurate with the individual’s duties and responsibilities) within five (5) business days of being granted access to an IRS IT system.

(e) For each contractor employee assigned to this contract/order, the contractor shall submit confirmation of completed SAT (using the form at the Mandatory Briefing web site or upon email request to CSLP at CSLP@irs.gov), via email, to the Contracting Officer's Technical Representative (COTR) and the Contractor Security Lifecycle Program (CSLP) upon completion, but not later than ten (10) business days of starting work on this contract/task order.

(f) Thereafter, each contractor employee assigned to this contract/order shall complete SAT annually not later than April 30th of each year in which there is an ongoing period of performance (in either the base period or any exercised option period). The contractor shall submit confirmation of completed annual SAT on all contractor employees assigned to this contract/order, via email, to the CO, COTR, and the Contractor Security Lifecycle Program (CSLP) upon completion, or not later than May 12th of the then current calendar year or as requested by CSLP (whichever date is earlier).

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(g) Contractors shall verify in writing within 30 days of award, and by May 12, of each year thereafter or as requested by CSLP (whichever date is earlier), that all of their affected employees have successfully completed the specified training. Verification reports shall be signed by an official with the authority to legally bind the Contractor.

(h) SAT is available on the Mandatory Briefing web site or if this site is not accessible, SAT materials will be made available by CSLP upon request via email to CSLP@irs.gov).

(i) Contractor employees who fail to comply with IRS security policy (to include completion and certification of SAT requirements within the timeframe specified) may be subject to having their access to IRS IT systems and facilities suspended, revoked or terminated (temporarily or permanently).

[End of Clause]

H.5 IR 1052.204-9005 – SUBMISSION OF SECURITY FORMS AND

RELATED MATERIALS (AUG 2010)

(a) Contractor personnel hired for work within the United States or its territories and possessions and who require access, wherever the location, to IRS owned or controlled facilities or work on contracts that involve the design, operation, repair, or maintenance of information systems, and/or require access to sensitive but unclassified information, security items or products, must meet the following three eligibility criteria before a full background investigation will be initiated:

(1) Must be Federal tax compliant, both timely filed and timely payment of any taxes due;

(2) Shall either be at a minimum a U.S. citizen for high risk access, or have lawful permanent resident status for low and moderate risk (3 years of US residency required for moderate risk); and

(3) For all males born after 1959, must be registered with Selective Service.

(b) All contractor personnel performing under the contract that require either escorted or unescorted access to IRS facilities, SBU information or information systems are subject to (and must receive a favorable adjudication or affirmative results with respect to) the following suitability pre-screening criteria, as applicable:

(1) Credit report results (moderate and high risk investigations only); and/or

(2) Federal Bureau of Investigation fingerprint results.

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(c) Each contract employee assigned to work under this contract/order shall undergo investigative processing appropriate to the position sensitivity and risk level designation associated with the work to be performed, as described in TD P 15-71, Chapter I, Section 1. In support of this undertaking, the contractor shall furnish the following electronic documents to the Contractor Security Lifecycle Program (CSLP), per the instructions available on the publicly accessible website for IRS Procurement, within 10 business days of assigning (or reassigning) a contractor employee to this contract/order and prior to the contract employee performing any work there under: The IRS provided Risk Assessment Checklist (RAC), and

� All required security forms (for new contractor employees), are available through the publicly accessible website for IRS Procurement.

(Note: These documents (the RAC and security forms) are also available upon request from CSLP via email at CSLP@irs.gov)

(d) Concurrent with submission of the above-referenced materials to CSLP, the contractor shall email the Contracting Officer (CO), and the Contracting Officer's Technical Representative (COTR) to confirm this requirement has been completed. The notice shall identify the subject contractor employee by name and relevant contract/task order number(s), and list the materials submitted.

(e) Contractor personnel whose duration of employment exceeds 180 days must be eligible for access, per certification of tax compliance, and shall undergo, at a minimum a National Agency Check and Inquiries as a condition of work under the government contract. If the duration of employment is less than 180 days or access is infrequent (e.g., 2-3 days per month) and the contractor requires unescorted access, the contractor employee must be eligible for access, per certification of tax compliance, and require at a minimum a fingerprint check (Special Agreement Check). No background investigation or tax check is completed if the duration of employment is less than 180 days or access is infrequent when there is escort provided by an IRS employee or an approved contractor employee at the same or higher position risk level.

(f) The contractor employee may commence work only upon notice of an interim or final approval for staff-like access, revalidation of access for contractor employee transfers from one IRS contract/order to another, or approved escorted access.

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H.6 IR 1052.204.9006 - NOTIFICATION OF CHANGE IN CONTRACTOR

EMPLOYEE EMPLOYMENT STATUS, ASSIGNMENT, OR STANDING

(AUG 2010)

a) The contractor shall notify the Contracting Officer's Technical Representative

(COTR) and the Contractor Security Lifecycle Program (CSLP), via email, within one

(1) business day of the contractor becoming aware of any change in the employment status, assignment, or standing of a contractor employee to this contract/order –to include, but not limited to, the following conditions:

Receipt of the employee’s notice of intent to separate from employment or discontinue work under this IRS contract/task order;

Knowledge of the employee’s voluntary separation from employment or performance on this contract/task order (if no prior notice was given);

Transfer or reassignment of the employee and performance of duties under this contract/task order, in whole or in part, to another IRS contract/task order (and identify the gaining contract and representative duties/responsibilities to allow for an assessment of suitability based on position sensitivity/risk level designation);

Separation, furlough or release from employment;

Anticipated extended absence of more than 45 days;

Change of legal name;

Change to citizenship or lawful permanent resident status, or employment eligibility;

Change in gender or other distinction when physical attributes figure prominently in the biography of an individual;

Actual or perceived conflict of interest in continued performance under this contract/task order (provide explanation);

Death.

b) The notice shall include the following minimum information:

Name of contractor employee Nature of the change in status, assignment or standing (i.e., provide a brief non-personal, broad-based explanation) Affected contract/task order number(s) Actual or anticipated date of departure or separation When applicable, the name of the IRS facility(s) this individual routinely works from or has access to when performing work under this contract/order Identification of any Government Furnished Property (GFP), Government

Furnished Equipment (GFE), or Government Furnished Information (GFI) (to include Personal Identity Verification (PIV) credentials or badges) provided to the contractor employee and its whereabouts or status.

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(c) In the event the subject contractor employee is working on multiple contracts/orders, notification shall be combined, and the cognizant COTR for each affected contract/order shall be included in the joint notification along with the CSLP.

(d) As a general rule, the change in the employment status, assignment, or standing of a contractor employee to this contract/order would not form the basis for an excusable delay for failure to perform this contract under its terms.

H.7 IRSAP 1052.209-9001 ORGANIZATIONAL CONFLICTS OF INTEREST

(APR 1999)

(a) Purpose. The purpose of this clause is (1) to ensure that the Contractor is not biased because of conflicting roles in financial, contractual, organizational, or other interests which relate to the work to be performed under this contract, and (2) to ensure the Contractor does not obtain any unfair competitive advantage over other parties as a result of its work under this contract.

(b) Scope. The restrictions described herein shall apply to performance or participation by the Contractor and any of its affiliates or their successors in interest (hereinafter collectively referred to as the "Contractor") in any activities related to this contract. The term contractor includes the prime contractor, subcontractors, mentors, joint-ventures, consultants, or any others acting in a similar capacity.

(c) Reporting. The Contractor shall immediately report to the Contracting Officer any conflicts or potential conflicts that arise during the performance of work under this contract, including those that may surface at the subcontract level. Once reported, the Contracting Officer may terminate the contract for convenience if such an action is in the best interest of the Government. However, should there be any misrepresentation of facts in reporting an OCI or a potential OCI, at the prime or subcontract level, or a complete failure to report such, the Contracting Officer may impose the remedies provided in subparagraph (f) of this clause.

(d) Restrictions.

(1) The Contractor shall not be eligible to participate in Internal Revenue Service contracts, subcontracts, or proposals which stem directly from the Contractor's performance of work under this contract, for a period of 2 years after the completion of this contract to the extent that such work would create a conflict of interest as defined in FAR 9.5, Organizational and Consultant Conflict of Interest, that cannot be mitigated as described in FAR 9.5.

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(2) The Contractor shall not perform any advisory or assistance services work under this contract for a period of 2 years, that results in a conflict of interest as defined by FAR 9.5, Organizational and Consultant Conflict of Interest, that cannot be mitigated as described by FAR 9.5, unless directed to do so by the Contracting Officer, if the Contractor has been or is substantially involved in the developing or marketing of its products or services or the products or services of another firm.

If, under this contract, the Contractor prepares a statement of work or specifications to be used in competitive acquisitions, that results in a conflict of interest as defined by FAR 9.5, Organizational and Consultant Conflict of Interest, that cannot be mitigated as described by FAR 9.5, the Contractor shall be ineligible to perform or participate, in any capacity, in any acquisition which is based on said statement of work or specification for a period of 2 years.

(e) Subcontracts. The Contractor shall include a clause, substantially similar to this clause, including this subparagraph, in all subcontracts (including purchase/delivery orders), teaming arrangements, and/or other agreements calling for the performance of work related to this contract unless exempted in writing by the Contracting Officer.

(f) Remedies. For breach of any of the above restrictions or for nondisclosure or misrepresentation of any facts required to be disclosed concerning this contract, including the existence of an actual or potential organizational conflict at the time of or after award, the IRS may terminate the contract for default, disqualify the Contractor from subsequent related efforts, and pursue such other administrative remedies as may be permitted by law or other terms and conditions of this contract.

H.8 IRSAP 1052.224-9000(a) DISCLOSURE OF INFORMATION- SAFEGUARDS (January 1998)

In performance of this contract, the Contractor agrees to comply and assume responsibility for compliance by its employees with the following requirements:

(1) All work shall be performed under the supervision of the contractor or the contractor's responsible employees.

(2) Any return or return information made available shall be used only for the purpose of carrying out the provisions of this contract. Information contained in such material shall be treated as confidential and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Inspection by or disclosure to anyone other than an officer or employee of the contractor shall require prior written approval of the Internal Revenue Service.

Requests to make such inspections or disclosures should be addressed to the IRS Contracting Officer.

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(3) Should a person (contractor or subcontractor) or one of his/her employees make any unauthorized inspection(s) or disclosure(s) of confidential tax information, the terms of the Default (Fixed Price Supply and Service)clause (FAR 52.249-8), incorporated herein by reference, may be invoked, and the person (contractor or subcontractor) will be considered to be in breach of this contract.

H.9 IRSAP 1052.224-9000(d) DISCLOSURE OF "SENSITIVE BUT

UNCLASSIFIED" INFORMATION SAFEGUARDS (MAR 2008)

Any Treasury Department Information made available or to which access is provided, and which is marked or should be marked "Sensitive but Unclassified Use Only", shall be used only for the purpose of carrying out the provisions of this contract and shall not be divulged or made known in any manner to any person except as may be necessary in the performance of the contract. Disclosure to anyone other than an officer or employee of the contractor or subcontractor at any tier shall require prior written approval of the IRS. Requests to make such disclosure should be addressed to the IRS Contracting Officer.

H.10 IRSAP 1052.224-9001 (a) DISCLOSURE OF INFORMATION –

CRIMINAL/CIVIL SANCTIONS (JAN 1998)

Each officer or employee of any person (Contractor or subcontractor) at any tier to whom returns or return information is or may be disclosed shall be notified in writing by the person (Contractor or subcontractor) that returns or return information disclosed to such officer or employee can be used only for a purpose and to the extent authorized herein, and that further disclosure of any such returns or return information for a purpose or to an extent unauthorized herein constitutes a felony punishable upon conviction by a fine of as much as $5,000 or imprisonment for as long as five years, or both, together with the costs of prosecution. Such person (Contractor or subcontractor) shall also notify each officer and employee that any such unauthorized future disclosure of returns or return information may also result in an award of civil damages against the officer or employee in an amount not less than $1,000 with respect to each instance of unauthorized disclosure plus the cost of the action. These penalties are prescribed by IRC Sections 7213 and 7431 and set forth at 26 CFR 301.6103(n).

Each officer or employee of any person (Contractor or subcontractor) to whom returns or return information is or may be disclosed shall be notified in writing by such person that any return or return information made available in any format shall be used only for the purpose of carrying out the provisions of this contract and that inspection of any such returns or return information for a purpose or to an extent not authorized herein constitutes a criminal misdemeanor punishable upon conviction by a fine of as much as

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$1,000.00 or imprisonment for as long as 1 year, or both, together with the costs of prosecution. Such person (Contractor or subcontractor) shall also notify each such officer and employee that any such unauthorized inspection of returns or return information may also result in an award of civil damages against the officer or employee in an amount equal to the sum of the greater of $1,000.00 for each act of unauthorized inspection with respect to which such defendant is found liable or the sum of the actual damages sustained by the plaintiff as a result of such unauthorized inspection which is the result of gross negligence, punitive damages, plus the costs of the action. The penalties are prescribed by IRC Sections 7213A and 7431.

Additionally, it is incumbent upon the Contractor to inform its officers and employees of the penalties for improper disclosure imposed by the Privacy Act of 1974, 5 U.S.C.

552a. Specifically, 5 U.S.C. 552a(I)(1), which is made applicable to Contractors by 5 U.S.C. 552a(m)(1), provides that any officer or employee of a Contractor, who by virtue of his/her employment or official position, has possession of or access to agency records which contain individually identifiable information, the disclosure of which is prohibited by the Privacy Act or regulations established there under, and who knowing that disclosure of the specific material is so prohibited, willfully discloses the material in any manner to any person or agency not entitled to receive it, shall be guilty of a misdemeanor and fined not more than $5,000.

H.11 IRSAP 1052.224-9002 DISCLOSURE OF INFORMATION –

INSPECTION (DEC 1988)

The Internal Revenue Service shall have the right to send its officers and employees into the offices and plants of the Contractor for inspection of the facilities and operations provided for the performance of any work under this contract. On the basis of such inspection, the Contracting Officer may require specific measures in cases where the Contractor is found to be non-compliant with contract safeguards.

H.12 KEY PERSONNEL POSITIONS

The positions listed below are considered essential by the Government and to the work being performed under this contract and shall not be replaced or substituted for the first 180 days after award. The personnel assigned to the positions below or utilized by the contractor in the performance of this contract must be a full time employee dedicated to this contract. The contractor shall propose any additional labor categories to include as key personnel necessary to accomplish the requirements of this contract.

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Program Manager

Deputy Program Manager

Project Leader – Andover, MA

Project Leader – Atlanta, GA

Project Leader – Austin, TX

Project Leader – Brookhaven, NY

Project Leader – Covington, KY

Project Leader – Detroit, MI

Project Leader – Fresno, CA

Project Leader – Kansas City, MO

Project Leader – Martinsburg, WV

Project Leader – Memphis, TN

Project Leader – New Carrollton, MD

Project Leader – Oakland, CA

Project Leader – Ogden, UT

Project Leader – Philadelphia, PA

Project Leader – Washington, DC

Substitution of Personnel: If any changes in proposed key personnel should occur during actual performance, notwithstanding the provision contained at Section G.1.3, prior to diverting any of the specified individuals to other programs or when a specified individual is terminating his employment, the contractor shall notify the CO 60 calendar days in advance. The contractor shall submit justification with a proposed substitute whose qualifications are equal to or greater than the person being replaced, along with a 1 to 2 page introductory summary, in sufficient detail to permit evaluation within 10 calendar days of notification of a substitution.

The advance notification shall be delivered to the CO no less than two weeks prior to any termination or planned transfer of specified individuals. No diversion of key personnel shall be made by the contractor without the written consent of the CO. This clause may be amended from time to time during the course of the contract to either add or delete personnel, as appropriate.

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The contractor shall substitute all other personnel when required. Substitution of employee personnel shall be without degradation to service and disruption to customer support.

H.13 SYSTEM/SERVICE IMPROVEMENTS

During the performance of this contract, the Government may solicit, and the Contractor is encouraged to independently propose improvements to the system, services, or other contract requirements. These improvements, which must be within the general scope of this contract, may be proposed for technology enhancement, technology renewal, or for any other purpose which presents a system or service performance advantage to the Government. Improvements in technology which better provides for the needs of employees/users with disabilities, is especially encouraged.

At a minimum, any proposal submitted by the contractor pursuant to this clause shall include the following information:

A statement to the effect that the proposal is being submitted pursuant to this clause;

A detailed technical description of the proposed changes;

A detailed comparison between the existing contract requirements and the proposed changes, including the advantages and disadvantages of each;

An itemized list of each contract requirement, including any delivery schedules or completion dates that would, in the SP's opinion, be effected by the proposed changes;

An estimate of any change (increase or decrease) to the contract's price, including any related cost, such as operation;

An estimate of the date by which the Government should accept the proposal in order to receive maximum benefits; and, The date until which the proposal is valid. (This date must provide reasonable time for the Government to review the proposal.)

The contractor may withdraw, in whole or in part, any improvement proposal which is not accepted by the Government within the specified time for acceptance.

The CO shall accept or reject any improvement proposal by giving the contractor written notice of such acceptance or rejection.

If the proposal is accepted, the CO shall issue a contract modification to incorporate any necessary changes into the contract, including any increase or decrease in the contract price. Such adjustment shall be made in accordance with the FAR clause 52.243-1, entitled "Changes-Fixed Price." However, the contract modification shall state this is entered into under the authority of this clause.

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Unless and until the contract is modified in writing to incorporate any changes resulting from the Government's acceptance of an improvement proposal, the contractor shall continue to perform in accordance with the contract's existing terms and conditions.

The CO's decision to accept or reject any improvement proposal shall be final and shall not be subject to the terms cited in Section I as FAR 52.233-1, “Disputes.” Furthermore, the Government shall not be liable for the direct reimbursement of any proposal costs.

In no event shall the Government be liable for any additional costs incurred by the contractor due to the Government's delay in accepting or rejecting any improvement proposal.

The contractor is requested to identify specifically any information contained in its improvement proposal which it considers confidential and/or proprietary and which it prefers not be disclosed outside the Government. The contractor’s identification of information as confidential and/or proprietary is for informational purposes only and shall not be binding on the Government. The contractor is advised that such information may be subject to release under the Freedom of Information Act (5 U.S.C.

552).

H.14 NONPAYMENT FOR UNAUTHORIZED WORK

No payments will be made for any unauthorized supplies or services, or for any unauthorized changes to the work specified herein. This includes any service performed by the contractor of his own volition or at the request of an individual other than a duly appointed CO. Only a duly appointed CO is authorized to change the specifications, terms, and conditions in this contract.

H.15 INSURANCE - WORK ON A GOVERNMENT INSTALLATION

In accordance with FAR 52.228-5, “Insurance - Work on a Government Installation”, in Section I, insurance of the following types and minimum amounts shall be procured and maintained during the entire period of performance under this contract:

� Workman's Compensation and Employer’s Liability Insurance - as specified by applicable statute, but not less than $100,000.

� General Liability Insurance - Bodily Injury Liability - $500,000 per occurrence.

� Automobile Liability Insurance - $200,000 per person, $500,000 per occurrence for bodily injury, $20,000 per occurrence for property damage.

The contractor may be required to obtain additional insurance based on the requirements of specific locations, particularly leased space in privately owned buildings.

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H.16 OBSERVANCE OF REGULATIONS/STANDARD OF CONDUCT AT

GOVERNMENT INSTALLATIONS

When contractor personnel are performing contract work at an IRS or other Government facility, they shall comply with all rules and regulations of the facility, including, but not limited to, rules and regulations governing security, controlled access, personnel clearances and conduct with respect to health and safety and to property at the site.

The contractor shall be responsible for maintaining satisfactory standards of employee competency, conduct, appearance and integrity and shall be responsible for taking such disciplinary action with respect to his employees as may be necessary. The contractor shall ensure that their employees do not disturb papers on desks, open desk drawers or cabinets, or use Government telephones that are not in their privy of work, except as authorized.

In the event that the conduct or performance of any contractor provided personnel is deemed unsatisfactory, the Government reserves the right to an immediate temporary replacement.

H.17 CONTRACTOR RESPONSIBILITY FOR ASSIGNED SPACE, EQUIPMENT,

AND SUPPLIES

If, due to the fault or neglect of the contractor, his agents, or employees, damage any Government property, equipment, stock or supplies, during the performance of this contract, the contractor shall be responsible for such loss or damage and the Government, at its option, may either require the contractor to replace all property or to reimburse the Government for the full value of the lost or damaged property.

The contractor is responsible for maintaining all assigned space(s) in a clean and orderly fashion during the course of this contract. See section C.7.3.

H.18 NEWS RELEASES AND ADVERTISING OF THE CONTRACT

The contractor agrees not to refer to this contract award in news releases or commercial advertising in such a manner as to state or imply that the system, product, or service being provided under the contract is endorsed or preferred by the Federal Government or is considered by the Government to be superior to other products or services.

Under no circumstances shall the contractor, or anyone acting on behalf of the contractor, refer to the system, product, or service being provided under the contract in any news release or commercial advertising without first obtaining explicit written consent to do so from the CO.

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Should any such news release or commercial advertising be made by or on behalf of the contractor without consent first being obtained, the Government will consider institution of all remedies available under the provision of this contract

H.19 SECTION 508 REQUIREMENTS

The Automated Management Information and Inventory System (AMIS) shall be Section 508 compliant; guidance is provided at www.section508.gov.

In addition, the contractor must provide a comprehensive list of all offered specific electronic and information technology (EIT) products (supplies and services) that fully comply with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, and the Architectural and Transportation Barriers Compliance Board's Electronic and Information Technology Accessibility Standards at 36 CFR Part 1194. The contractor must clearly indicate where this list with full details of compliance can be found (e.g., vendors or other exact web page location). The contractor must ensure that the list is easily accessible by typical users beginning five calendar days after award. The contractor must maintain this detailed listing of compliant products for the full contract term, including all forms of extensions, and must ensure that it is current within three calendar days of changes to his product line.

The contractor must ensure that all EIT products that are less than fully compliant are offered pursuant to extensive market research, which ensures that they are the most compliant products and services available to satisfy this solicitation's requirements.

For every EIT product accepted under this contract by the Government that does not comply with 36 CFR Part 1194, the contractor shall, at the discretion of the Government, make every effort to replace or upgrade it with a compliant equivalent product or service, if commercially available and cost neutral, on either the planned refresh cycle of the product or service, or on the contract renewal date, whichever shall occur first.

H.20 IR 1052.239-9008 SECTION 508 INFORMATION, DOCUMENTATION

AND SUPPORT (SEP 2006)

In accordance with 36 CFR 1194, Subpart D, the electronic information technology (EIT) products and product support services (including electronic reports) furnished in performance of this contract shall be documented to indicate the current conformance level with Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, and the Architectural and Transportation Barriers Compliance Board’s Electronic and Information Technology Accessibility Standards. At no time during the performance of the award shall the level of conformance go below the level of conformance in place at the time of award. At no additional cost, the contractor shall provide information, documentation, and support relative to the following supplies and services:

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Electronic Reports Automated Management Information and Inventory System

The contractor shall maintain this detailed listing of compliant products for the full contract term, including forms of extensions, and shall ensure that it is current within five calendar days after award and within three calendar days of changes in products being utilized as follows:

Product support documentation provided to end-users shall be made available in alternate formats upon request, at no additional charge.

End-users shall have access to a description of the accessibility and compatibility features of products in alternate formats or alternate methods upon request, at no additional charge.

Support services for products shall accommodate the communication needs of end-users with disabilities.

(End of Clause)

H.21 IR 1052.239-9009 SECTION 508 CONFORMANCE (SEP 2006)

Each electronic and information technology (EIT) product and/or product related service (including electronic reports) delivered under the terms of this contract, at a minimum, shall conform to the applicable accessibility standards at 36 CFR 1194 at the level of conformance specified in Section J, Attachment J-10.

The following technical standards have been determined to be applicable to this contract:

___ 1194.21, Software applications and operating systems.

_X_(a) _X_(b) _X_(c) _X_(d) _X_(e) _X_(f) _X_(g) _X_(h) _X_(i) _X_(j) _X_(k) _X_(l)

___ 1194.22, Web-based intranet and internet information and applications.

_X_(j) _X_(k) _X_(l) _X_(m) _X_(n) _X_(o) _X_(p)

___ 1194.23, Telecommunications products.

__(a) __(b) __(c) __(d) __(e) __(f) __(g) __(h) __(i) __(j) __(k) - __(k:1) __(k:2) __(k:3) __(k:4)

___ 1194.24, Video and multimedia products.

__(a) __(b) __(c) __(d) __(e)

___ 1194.25, Self contained, closed products.

__(a) __(b) __(c) __(d) __(e) __(f) __(g) __(h) __(i) __(j)

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___ 194.26, Desktop and portable computers.

__(a) __(b) __(c) __(d)

The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

1194.31 Functional Performance Criteria

The following functional performance criteria (36 CFR 1194.31) apply to this contract.

_X_ (a) At least one mode of operations and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided.

_X_ (b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided.

_X_ (c) At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided.

_X_ (d) Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided.

_X_ (e) At least one mode of operation and information retrieval that does not require speech shall be provided, or support for assistive technology used by people with disabilities shall be provided.

_X_ (f) At least one mode of operation and information retrieval that does not require fine motor or simultaneous actions and that is operable with limited reach and strength shall be provided.

(End of Clause)

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H.22 IR 1052.239.9010 SECTION 508 SERVICES (SEP 2006)

All contracts, solicitations, purchase orders, delivery orders and interagency agreements that contain a requirement of services which will result in the delivery of a new or updated electronic and information technology (EIT) item/product must conform to the applicable provisions of the appropriate technical standards in 36 CFR 1194, Subpart B, and functional performance criteria in 36 CFR 1194.31, Subpart C, unless an agency exception to this requirement exists.

The following technical standards and provisions have been determined to be applicable to this contract:

___ 1194.21, Software applications and operating systems.

_X_(j) _X_(k) _X_(l)

___ 1194.22, Web-based intranet and internet information and applications.

_X_(j) _X_(k) _X_(l) _X_(m) _X_(n) _X_(o) _X_(p)

___ 1194.23, Telecommunications products.

__(a) __(b) __(c) __(d) __(e) __(f) __(g) __(h) __(i) __(j) __(k) - __(k:1) __(k:2) __(k:3) __(k:4) ___ 1194.24, Video and multimedia products.

__(a) __(b) __(c) __(d) __(e)

___ 1194.25, Self contained, closed products.

__(a) __(b) __(c) __(d) __(e) __(f) __(g) __(h) __(i) __(j)

___ 194.26, Desktop and portable computers.

__(a) __(b) __(c) __(d)

The standards do not require the installation of specific accessibility-related software or the attachment of an assistive technology device, but merely require that the EIT be compatible with such software and devices so that it can be made accessible if so required by the agency in the future.

The following functional performance criteria (36 CFR 1194.31) apply to this contract.

_X_ (a) At least one mode of operations and information retrieval that does not require user vision shall be provided, or support for assistive technology used by people who are blind or visually impaired shall be provided.

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_X_ (b) At least one mode of operation and information retrieval that does not require visual acuity greater than 20/70 shall be provided in audio and enlarged print output working together or independently, or support for assistive technology used by people who are visually impaired shall be provided.

_X_ (c) At least one mode of operation and information retrieval that does not require user hearing shall be provided, or support for assistive technology used by people who are deaf or hard of hearing shall be provided.

_X_ (d) Where audio information is important for the use of a product, at least one mode of operation and information retrieval shall be provided in an enhanced auditory fashion, or support for assistive hearing devices shall be provided.

_X_ (e) At least one mode of operation and information retrieval that does not require speech shall be provided, or support for assistive technology used by people with disabilities shall be provided.

_X_ (f) At least one mode of operation and information retrieval that does not require fine motor or simultaneous actions and that is operable with limited reach and strength shall be provided.

(End of Clause)

H.23 POST-AWARD CONFERENCE

The contractor shall attend a post-award conference in the Office of Procurement, 6009 Oxon Hill Road, Oxon Hill, MD 20745 within 10 calendar days after contract award.

The purpose of the conference is to highlight essential contract requirements, coordinate implementation timelines, and answer questions that the contractor may have prior to commencement of work. The contractor shall submit any questions in writing to the Contracting Officer 5 work days prior to the conference.