RFQ_TIRNO-16-Q-00051_Amendment_1.pdf

RFQ TIRNO-16-Q-00051

SECTION I – STATEMENT OF WORK (SOW)

IRS PeopleSoft Ad Hoc Maintenance

FUNDS ARE NOT PRESENTLY AVAILABLE FOR THIS CONTRACT

ACTION. THE GOVERNMENT’S OBLIGATION UNDER THIS

CONTRACT IS CONTINGENT UPON THE AVAILABLITY OF

APPROPRIATIONED FUNDS FROM WHICH PAYMENT FOR

CONTRACT PURPOSES CAN BE MADE. FUNDING IS EXPECTED TO

BE PROVIDED IN FISCAL YEAR 2016. AWARD IN RESPONSE TO THIS

SOLICTATION MAY RESULT IN A $0.00 AWARD AND FUNDING

PROVIDED SUBSEQUENTLY ONCE AN APPROPRIATINO IS MADE AN

APPORITAMENT COMPLETED

1.0 INTRODUCTION

The Internal Revenue Service (IRS) administers America’s tax laws and collects the revenues that fund most government operations and public services. Each year, IRS employees make hundreds of millions of contacts with American taxpayers and businesses. The IRS and its employees represent the face of government to more U.S.

citizens than any other agency. IRS is divided into three commissioner-level organizations, with its main functions in four operating divisions: Large & Mid-Size Business (LMSB), Small Business / Self-Employed (SB/SE), Wage and Investment (W&I), and Tax Exempt & Government Entities (TE/GE). The agency currently employs nearly 110,000 employees. IRS provides services to millions of taxpayers to help them understand and meet their tax obligations. We also deter people inclined to evade their responsibilities and vigorously pursue those who violate tax laws. Service and enforcement are equally important priorities for the IRS. We are committed both to providing excellent service to taxpayers and enforcing America’s tax laws in a balanced manner.

1.1 OBJECTIVE

IRS is seeking an experienced and reliable vendor to provide third party Ad Hoc support of PeopleSoft CRM Software-PeopleTools Technology 8.X.X, focused on providing high quality service, with fast response and resolution time.

The IRS is seeking support of the following modules and/or custom enhancements created by the IRS:

(a) CRM Support and CRM Support for Customer Self Service;

(b) CRM Sales;

(c) PeopleSoft CRM Marketing;

(d) Interaction Management;

(e) Other Software:

(i) Enterprise Development;

(ii) Business Analysis Modeler;

(iii) Any other customization created by the IRS via PeopleTools/PeopleCode

The contractor is expected to provide software maintenance comparable to OEM software maintenance to the PeopleSoft licensees owned by the IRS.

2.0 TECHNICAL REQUIREMENTS

2.1 Contractor’s point of contact. The contractor shall provide a single point of contact, in the event that questions concerning the submission arise. A contact name, phone number, fax number, e-mail address and mailing address shall be provided. .

2.2 Executive summary. The vendor shall provide an overview of their response, including the following:

• Approach to business partnership with the IRS;

• A summary of the proposed business arrangements for the individual support purchased, including total price by year for the support specified in the

The Executive Summary should also identify the vendor representative who has the authority to enter into contractual negotiations and agreement with IRS.

3.0 AGREEMENT ENTITLEMENTS; EXPIRATION AND TERMINATION

3.1 Expiration. Upon the expiration of the agreement, IRS shall be entitled to any and all patches, security fixes or code written in support of this agreement pursuant to the terms of the applicable license(s). The IRS will be entitled to use the Vendor Work Product pursuant to a nonexclusive license perpetually, and, with respect to that portion of the deliverables constituting derivative works of Oracle, pursuant to the terms of the IRS license(s) with Oracle.

3.2 Termination. In the event that the agreement is terminated at any time other than at the end of the agreement term, IRS shall be entitled to receive any and all patches, security fixes or code written in support of the agreement pursuant to the terms of section 3.1.

4.0 PAYMENT, CONTRACT SCHEDULE, AND DESCRIPTION OF SERVICES

4.1 Description of the Services. Vendor shall provide Client with support services

A. Product Support. The Contractor will provide the IRS with diagnostic services, advice, and recommendations relating to the proper operation of IRS’ PeopleSoft System. The IRS will make its Client-Made Customized Code and related customized documentation available to the Contractor with reasonable lead time prior to the first support request by the IRS. Further, only customizations that have been implemented and coded using PeopleSoft Tools, SQR, Crystal Reports, MicroFocus COBOL, and VB/eScripting will be supported as part of this Agreement.

B. Product & Documentation Fixes. The Contractor shall provide fixes for Issues IRS encounters in the Covered Products listed in Schedule A, used in the PeopleSoft Production Release (as well as the Target PeopleSoft Production Release for any PeopleSoft upgrade project Client currently has underway). The Contractor shall provide fixes to the original code as delivered by Oracle Corporation (as successor in interest to PeopleSoft USA, Inc.) and IRS-Made Customized Code for on-line, batch, and report code. The Contractor shall provide support for PeopleSoft PeopleTools under this Agreement. For purposes of example only, such third party products include, but are not limited to, operating systems, database systems, application servers, web servers, online and batch processing tools, reporting tools, and analytic tools.

C. Tax, Legal and Regulatory Updates. The Contractor shall provide tax, legal and regulatory updates during the Support Period.

D. Contractor shall provide upon request, copies of all source and target software releases, interoperability testing for operating system and RDBMS release updates that have not been tested by PeopleSoft for proper operation with the PeopleSoft System prior to the termination of Client’s PeopleSoft Support Services Agreement.

E. Upgrade Process Support. The Contractor shall provide upgrade process support from IRS’ current PeopleSoft Production Release to any Target PeopleSoft Production Release available prior to termination of IRS’ PeopleSoft Support Services Agreement and noted as a target release on Schedule A. Vendor will make upgrade support available to any such Target PeopleSoft Production Release for at least ten (10) years after the Effective Date, provided this Agreement remains in effect.

4.2 Contract Term.

Base Year: February 7, 2016 – February 6, 2017 Option Period 1 (6 months): February 7, 2017 – August 6, 2017 Option Period 2 (6 months): August 7, 2017 – February 6, 2018

4.3 IRS’ Obligations.

A. Final Testing of Fixes and Updates. IRS will be responsible for all final system testing to assure that Vendor provided fixes and updates perform as documented with the PeopleSoft System before moving said fixes and updates into any production environment.

B. Access to Software. IRS acknowledges that the Contracor will need to work with, configure, test, and possibly modify certain Covered Products licensed to IRS in order to render Services pursuant to this Agreement. Accordingly, IRS will provide Contractor with access to copies of the Covered Products, including any license codes required for proper operation of the Covered Products in a non-production development and test environment.

C. Internal Client Support. IRS is responsible for providing Help Desk Support and System Administration Support. “Help Desk Support” means first line, simple corrective assistance by one or more individuals or a third party organization designated and/or contracted by IRS to be the first point of contact for IRS’ entire user population for Covered Products. Help Desk Support provides an initial front-line response to all IRS user-reported cases, and resolves certain low-level user reported issues. Common issues to be resolved by Help Desk Support include general system information requests, Covered Product user administration (e.g. user setup and security), IRS-specific operational procedures, hardware issues and infrastructure availability (e.g.

LAN, web, Internet Service Provider, application, and database access), and similar activities. “System Administration Support” means in-depth technical and system administration support that includes technical troubleshooting, analysis and resolution options for the Covered Products. System Administration Support services are more advanced than those generally provided by Help Desk

Support and typically staffed with product trained personnel experienced with the Covered Products. Issues with Covered Products reported by IRS end users to Help Desk Support that are not fully resolved by Help Desk Support may be escalated to System Administration Support. System Administration Support may include assisting Help Desk Support with resolution of issues, independent

System Administration Support diagnosis and resolution of more advanced issues, and/or installation and configuration of software workarounds, updates or fixes made available and provided by Contractor. Issues not able to be resolved by System Administration Support may be escalated to the Contractor.

5.0 EXPECTED CONTRACTOR SERVICES

5.1 Ensuring quality of software and service. IRS requires and will hold the Contractor accountable for the quality of the products and services provided.

5.2 Management of maintenance and services. The Contractor shall provide monthly reports to IRS outlining support provided, as well as the use of any other services. The contractor shall provide reports outlining services available, and the amount utilized by IRS. The Contractor shall keep IRS up to date through quarterly reports, outlining potential for improvement in value. All reports provided by the contractor should be provided in a template agreed upon by IRS.

5.3 Vendor performance expectations and metrics. These metrics include: During the Support Period, IRS will be entitled to receive support twenty-four (24) hours a day, seven (7) days a week (including major holidays) for Critical Issue (P1) cases.

Response time commitment for a first live conversation with a Vendor engineer after IRS contacts Vendor with a request for support on a Critical Issue case is less than thirty (30) minutes. Response time commitments and communication update intervals for each Issue are detailed in Table 1 below. Business Impact Guidelines for each Client Priority Level are detailed in Table 2 below. Further, Vendor will provide IRS with at least one Named Primary Support Engineer. Client’s Named Primary Support Engineer shall be the point of contact at Vendor for Client’s personnel and agents reporting and working to resolve Issues with the Covered Products listed in Schedule A during the Support Period. When Client’s Named Primary Support Engineer is unavailable due to on-call rotations or days off, a temporary on-call Named Primary Support Engineer shall be available to Client.

Table 1

Issue Severity IRS Priority Level

Contractor Initial Response Commitment

IRS

Communications Update Commitment

Critical Issue Priority 1 30 Elapsed Minutes Every 2 Elapsed Hours

Serious Issue Priority 2 2 Business Hours Every 4 Business Hours

Standard Issue Priority 3 1 Business Day Every 5 Business Days

Q&A Priority 4 1 Business Day As Appropriate

Table 2

Client Priority Level Business Impact Guidelines Priority 1 Issue where a supported Covered Product is completely unavailable to users or is working at a severely degraded capacity/performance level for multiple users that makes Covered Product unusable -or-Issue has a major impact to external client/customer -or-Issue is impacting revenue or time sensitive regulatory compliance AND no acceptable workaround exists

Priority 2 Issue where a supported Covered Product’s functionality has become limited or is working at marginally degraded capacity or performance for multiple users AND no acceptable workaround exists -or-Issue where a Covered Product component is unavailable or is working at a severely degraded capacity/performance AND an acceptable workaround exists

Priority 3 Issue where a single user is unable to use a Covered Product or a component of a Covered Product that is necessary for the user to perform their primary work activities -or-Issue that is not critical is encountered with the Covered Product that leads to a minimal loss of functionality, capacity or performance -or-A feature is unavailable where another can be readily used (i.e.

routing to a different printer)

Priority 4 General request for information or “how to” (Q&A) -or- Report of event not causing impact to work operation or production

SECTION II – ADMINISTRATIVE INFORMATION

1. Contract Type and Ceiling This Request for Quote is for a firm fixed priced contract for one year with two six month options.

2. Period of Performance

Base Year: February 7, 2016 – February 6, 2017 Option Period 1 (6 months): February 7, 2017 – August 6, 2017 Option Period 2 (6 months): August 7, 2017 – February 6, 2018

3. Place of Performance The place of performance will primarily be the Contractor’s site.

4. Contracting Officer’s Representative (COR)

The COR for the contract is:

[TBD]

[Address]

[phone number] [e-mail address

The COR will represent the Contracting Officer in the administration of technical details within the scope of this Contract. The COR is also responsible for the final inspection and acceptance of all reports and such other responsibilities as may be specified in the Contract. The COR is not otherwise authorized to make any representations or commitments of any kind on behalf of the Contracting Officer or the Government. The COR does not have authority to alter the Contractor's obligations or to change the Contract specifications, price, terms or conditions. If, as a result of technical discussions, it is desirable to modify the Contract obligations or the statement of work, changes will be issued in writing and signed by the Contracting Officer. The COR assignment for this Contract may be changed at any time by the Government without prior notice to the Contractor. However, the Contractor will be notified of the change

In addition, a COR or alternate COR may be designated

5. Contracting Officer (CO)

The CO for the overall contract is:

SECTION II – ADMINISTRATIVE INFORMATION

Mark Wisniewski 5000 Ellin Road

Lanham, MD 20706 240-613-7408

Mark.Wisniewski@irs.gov

The Contracting Officer, in accordance with Subpart 1.6 of the Federal Acquisition Regulation, is the only person authorized to make or approve any changes in any of the requirements of this Contract, and notwithstanding any clauses contained elsewhere in this Contract, the said authority remains solely with the Contracting Officer. In the event the Contractor makes any changes at the direction of any person other than the Contracting Officer, the change will be considered to have been made without authority and no adjustment will be made in the Contract price to cover any increase in cost incurred as a result thereof.

SECTION III– CONTRACT CLAUSES

1. Federal Acquisition Regulations (FAR) Contract 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:

http://www.acquistion.gov/far

FEDERAL ACQUISTION REGULATION (48 CFR 52) CLAUSES

INCORPORATED BY REFERENCE

Number Title Date 52.212‐4 Contract Terms and Conditions – Commercial Items (DEC 2014) 52.232-18 Availability of Funds (APR 1984)

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

EXECUTIVE ORDERS—COMMERCIAL ITEMS (APR 2015)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Dec 2014)

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004)(Public Laws 108-

77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the

Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.]

_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509)).

__ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

_X_ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2013) (Pub. L. 109-282) (31 U.S.C. 6101 note).

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts (Jan 2014) (Pub. L. 111-117, section 743 of Div. C).

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

Contractors Debarred, Suspended, or Proposed for Debarment. (Aug 2013) (31 U.S.C. 6101 note).

_X_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Jul 2013) (41 U.S.C. 2313).

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15

U.S.C. 657a).

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved] _X_ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C.

644).

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C.

644).

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)).

__ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2014) (15 U.S.C. 637(d)(4)).

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

__ (19) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).

__ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C.

637(d)(4)(F)(i)).

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

(Nov 2011) (15 U.S.C. 657 f).

__ (22) 52.219-28, Post Award Small Business Program Rerepresentation (Jul 2013) (15

U.S.C. 632(a)(2)).

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns (Jul 2013) (15 U.S.C. 637(m)).

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB)

Concerns Eligible Under the WOSB Program (Jul 2013) (15 U.S.C. 637(m)).

_X_ (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

__ (26) 52.222-19, Child Labor—Cooperation with Authorities and Remedies (Jan 2014)

(E.O. 13126).

_X_ (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

_X_ (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

_X_ (29) 52.222-35, Equal Opportunity for Veterans (Jul 2014)(38 U.S.C. 4212).

__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

_X_ (31) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 U.S.C. 4212).

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

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

__ (33)(i) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O. 13627).

__ (ii) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

__ (34) 52.222-54, Employment Eligibility Verification (AUG 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

__ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA– Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-13.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (JUN 2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-14.

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products (DEC 2007) (42

U.S.C. 8259b).

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (JUN

2014) (E.O.s 13423 and 13514).

__ (ii) Alternate I (Jun 2014) of 52.223-16.

_X_ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (AUG 2011) (E.O. 13513).

__ (41) 52.225-1, Buy American—Supplies (May 2014) (41 U.S.C. chapter 83).

__ (42)(i) 52.225-3, Buy American—Free Trade Agreements—Israeli Trade Act (May

2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109- 283, 110-138, 112-41, 112-42, and 112-43.

__ (ii) Alternate I (May 2014) of 52.225-3.

__ (iii) Alternate II (May 2014) of 52.225-3.

__ (iv) Alternate III (May 2014) of 52.225-3.

__ (43) 52.225-5, Trade Agreements (NOV 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).

_X_ (44) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury).

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C.

5150).

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 4505, 10 U.S.C. 2307(f)).

__ (49) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

4505, 10 U.S.C. 2307(f)).

_X_ (50) 52.232-33, Payment by Electronic Funds Transfer—System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (51) 52.232-34, Payment by Electronic Funds Transfer—Other than System for Award Management (Jul 2013) (31 U.S.C. 3332).

__ (52) 52.232-36, Payment by Third Party (May 2014) (31 U.S.C. 3332).

__ (53) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb

2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).

__ (ii) Alternate I (Apr 2003) of 52.247-64.

(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

[Contracting Officer check as appropriate.] __ (1) 52.222-17, Nondisplacement of Qualified Workers (May 2014)(E.O. 13495).

__ (2) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

__ (3) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) (29 U.S.C.

206 and 41 U.S.C. chapter 67).

__ (4) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price

Adjustment (Multiple Year and Option Contracts) (May 2014) (29 U.S.C. 206 and 41 U.S.C.

chapter 67).

__ (5) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards—Price Adjustment (May 2014) (29 U.S.C. 206 and 41 U.S.C. chapter 67).

__ (6) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (7) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Requirements (May 2014) (41 U.S.C. chapter 67).

__ (8) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014)(E.O. 13658).

__ (9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014)

(42 U.S.C. 1792).

__ (10) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C.

5112(p)(1)).

(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records—Negotiation.

(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract.

(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.

(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.

(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause—

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (41 U.S.C.

3509).

(ii) 52.219-8, Utilization of Small Business Concerns (Oct 2014) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

(iii) 52.222-17, Nondisplacement of Qualified Workers (May 2014) (E.O. 13495). Flow down required in accordance with paragraph (l) of FAR clause 52.222-17.

(iv) 52.222-21, Prohibition of Segregated Facilities (Apr 2015)

(v) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).

(vi) 52.222-35, Equal Opportunity for Veterans (Jul 2014) (38 U.S.C. 4212).

(vii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jul 2014) (29 U.S.C.

793).

(viii) 52.222-37, Employment Reports on Veterans (Jul 2014) (38 U.S.C. 4212)

(ix) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act

(Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40.

(x) 52.222-41, Service Contract Labor Standards (May 2014) (41 U.S.C. chapter 67).

(xi)

__(A) 52.222-50, Combating Trafficking in Persons (Mar 2015) (22 U.S.C. chapter 78 and E.O 13627).

__(B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O 13627).

(xii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67).

(xiv) 52.222-54, Employment Eligibility Verification (AUG 2013).

(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (Dec 2014) (Executive

Order 13658).

(xvi) 52.225-26, Contractors Performing Private Security Functions Outside the United

States (Jul 2013) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. 2302 Note).

(xvii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (May 2014) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xviii) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.

(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.

(End of clause)

52.217-9, Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 1 day of expiration of the BPA; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.

2. Department of the Treasury Acquisition Regulations (DTAR) Clauses

1052.201-70 CONTRACTING OFFICER’S TECHNICAL REPRESENTATIVE (COTR)

APPOINTMENT AND AUTHORITY (AUG 2011)

(a) The COTR is:

[TBD]

(b) Performance of work under this contract is subject to the technical direction of the COTR identified above, or a representative designated in writing. The term “technical direction” includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, and/or fills in details and otherwise serves to ensure that tasks outlined in the work statement are accomplished satisfactorily.

(c) Technical direction must be within the scope of the contract specification(s)/work statement. The COTR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the contract; or

(6) Directs, supervises or otherwise controls the actions of the contractor's employees.

(d) Technical direction may be oral or in writing. The COTR must confirm oral direction in writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical direction issued by the COTR. If, in the opinion of the contractor, any direction of the COTR or the designated representative falls within the limitations of (c) above, the contractor shall immediately notify the Contracting Officer no later than the beginning of the next

Government work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is within the scope of the contract shall be subject to the terms of the clause entitled “Disputes.”

1052.203-99, PROHIBITION ON CONTRACTING WITH ENTITIES THAT REQUIRE

CERTAIN INTERNAL CONFIDENTIALITY AGREEMENTS

(MAR2015) (DEVIATION 2015-00003)

(a) The Contractor shall not require employees or subcontractors seeking to report fraud, waste, or abuse to sign or comply with internal confidentiality agreements or statements prohibiting or otherwise restricting such employees or subcontractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.

(b) The contractor shall notify employees that the prohibitions and restrictions of any internal confidentiality agreements covered by this clause are no longer in effect.

(c) The prohibition in paragraph (a) of this clause does not contravene requirements applicable to Standard Form 312, Form 4414, or any other form issued by a Federal department or agency governing the nondisclosure of classified information.

(d)(1) In accordance with section 743 of Division E, Title VII, of the Consolidated and Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), use of funds appropriated (or otherwise made available) under that or any other Act may be prohibited, if the Government determines that the Contractor is not in compliance with the provisions of this clause.

(2) The Government may seek any available remedies in the event the contractor fails to comply with the provisions of this clause.

1052.210-70 CONTRACTOR PUBLICITY (AUG 2011)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer to the equipment or services furnished pursuant to the provisions of this contract in any news release or commercial advertising, or in connection with any news release or commercial advertising, without first obtaining explicit written consent to do so from the Contracting Officer.

Should any reference to such equipment or services appear in any news release or commercial advertising issued by or on behalf of the Contractor without the required consent, the Government shall consider institution of all remedies available under applicable law, including 31 U.S.C. 333, and this contract. Further, any violation of this provision may be considered during the evaluation of past performance in future competitively negotiated acquisitions.

1052.232-7003 Electronic Submission of Payment Requests (AUG 2012)

(a) Definitions. As used in this clause—

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

(2) [Reserved]

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment requests electronically using the Internet Payment Platform (IPP).

Information regarding IPP is available on the Internet at www.ipp.gov. Assistance with enrollment can be obtained by contacting the IPP Production Helpdesk via email ippgroup@bos.frb.org or phone (866) 973-3131.

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

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

3. Internal Revenue Service Acquisition Procedure (IRSAP) Clauses

IR1052.204-9003, IRS SECURITY AWARENESS TRAINING REQUIREMENTS

(JUN 2013)

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.

(a) The contractor shall ensure all contractor personnel complete one or more Information

Protection briefings on computer security, disclosure, privacy, physical security, and/or unauthorized access to taxpayer accounts (UNAX), as specified by Contractor Security Management (CSM). CSM can be reached at CSM@irs.gov. Individually and collectively, these briefings make up the IRS Security Awareness Training (SAT) requirements for the Service’s information assets. Exception: Contractor personnel performing under IRS contracts with Nonprofit Agencies Employing People Who Are Blind or Severely Disabled (as described in FAR Subpart 8.7) are exempted from the aforementioned SAT requirements, unless the contractor requests SAT, or there is a compelling justification for requiring the training that is approved by the Contracting Officer, in consultation with

CSM.

(i) Security Orientation

All new contractor personnel shall attend a system security orientation within the first 10 business days following initial assignment to any IRS contract/order, and additional IT security awareness training (commensurate with the individual’s duties and responsibilities) within 5 business days of being granted access to an IRS facility or system. The Security Orientation will also be attended by new contractor personnel, including subcontractor personnel, who are authorized under contract to access IRS IT systems, data, and assets from or through contractor-managed facilities, systems, and assets, including laptop computers, workstations, servers, and other IT resources.

(ii) Access to Sensitive but Unclassified (SBU) Information and IT Systems Security Awareness Training (SAT)

Contractor personnel, including subcontractor personnel, required to complete SAT include, but are not necessarily limited to, those involved in any of the following activities:

Manage, program or maintain IRS information in a production environment;

Operate an information system on behalf of the IRS;

Conduct testing or development of information or information systems on behalf of the IRS;

Provide advisory and assistance (consulting) services, or administrative support; or

Handling, processing, access to, development, backup or any services to support IRS.

(iii) Service Personnel Security Awareness Training Contractor personnel providing services in the following categories are required to complete Physical Security & Emergency Preparedness Training:

Medical;

Cafeteria;

Landscaping;

Janitorial and cleaning (daylight operations);

Building maintenance; or

Other maintenance and repair.

(iv) Service Personnel Inadvertent SBU Access Training Contractor personnel performing: (i) janitorial and cleaning services (daylight operations),

(ii) building maintenance, or (iii) other maintenance and repair and need access to IRS facilities and building wherein pipeline processing (the processing of paper tax returns) is performed or where the facility and building has an exemption to the clean desk policy authorized by PSEP, are required to complete Inadvertent SBU Access training. Facilities performing pipeline processing and/or have an exemption to the clean desk policy are:

Clean Desk Waiver Facilities: (Note: The facilities listed below could change annually and are only authorized for one year.)

KY2032 333 Scott St., Covington, KY 41001

KY3005 300 Madison Ave., Covington, KY 41011

MI1951 985 Michigan Ave., Detroit, MI 48226

MN1600 30 East Seventh St., St. Paul, MN 55101

TX2225 2191 Woodward St., Austin, TX 78744

Pipeline Processing Facilities:

CA4664 Fresno Campus, 5045 E. Butler, Fresno, CA 93727

CA7370 1950 G Street, Fresno, CA 93706

CA6530 1000 N. Mooney St., Tulare, CA 93274

KY0085 Covington Campus, 200 West Fourth St., Covington, KY 41011

KY3016 7125 Industrial Rd., Florence, KY 41042

MO1937 Kansas City Campus, 33 W. Pershing Rd., Kansas City, MO 64108

TX2038 Austin Campus, 3651 S IH-35, Austin TX 78741

TX2746 5015 S IH-35, Austin TX 78741

UT0036 Ogden Campus, 1160 W 1200 S, Ogden, UT 84409

UT1430 1973 North Rulon White Blvd., Ogden, UT 84404

UT1476 1125 W 12th St., Ogden, UT 84201

(v) Training Certificate/Notice

The contractor shall submit confirmation of completed SAT (using the form at the Mandatory Briefing web site) or via a confirmation email to CSM at CSM@irs.gov for each employee assigned to a contract/order subject to this clause, with a copy to the Contracting Officer and Contracting Officer’s Representative (COR), upon completion, but not later than 10 business days after starting performance under the contract/order. If required by the COR, the contractor may be required to input data into a system, to be defined by the IRS, to describe the security controls being used to protect information, including confirmation of security awareness training.

(vi) Annual Training

For contracts/orders exceeding one year in length, either on a multiyear or multiple year basis, contractor must ensure that personnel complete SAT annually not later than April 30th of each year. The contractor shall submit confirmation of completed annual SAT on all personnel assigned to this contract/order, via email, to the CO, COR, and CSM upon completion, but not later than May 12th of the then current calendar year or as requested by CSM (whichever date is earlier).

b. SAT is available on the Mandatory Briefing web site or if this site is not accessible, SAT materials will be made available by CSM at CSM@irs.gov.

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

[End of clause]

IR1052.204-9005, SUBMISSION OF SECURITY FORMS AND RELATED MATERIALS

(DEC 2014)

As described in Department of the Treasury Security Manual (TD P 15-71), Chapter I, Section 1, Position Sensitivity and Risk Designation, Contractor personnel assigned to perform work under an IRS contract/order/agreement must undergo security investigative processing appropriate to the position sensitivity and risk level designation associated to determine whether the Contractor personnel should be permitted to work in the identified position. The COR (in the absence of the COR, the Contracting Officer) shall work with the contractor to ensure that no employee is granted access to SBU information, IRS information system or IRS facilities without the required clearance.

For security requirements at contractor facilities using contractor-managed resources, please reference Publication 4812, Contractor Security Controls. The contractor shall screen individuals prior to authorizing access to the information system. Only individuals who have passed an IRS background investigation shall be allowed access to IRS sensitive information.

a. Contractor personnel performing under an agreement that authorizes unescorted access to and in IRS facilities, and access to Sensitive But Unclassified (SBU) information or information systems are subject to (and must receive a favorable adjudication or affirmative results with respect to) the following eligibility/suitability pre-screening criteria, as applicable:

(1) IRS account history for tax compliance (for initial eligibility, as well as periodic checks for continued compliance while actively working on IRS contracts);

(2) Selective Service registration compliance;

(3) U.S. citizenship/residency compliance;

(4) Background investigation forms;

(5) Credit report results (moderate and high risk investigations only);

(6) Federal Bureau of Investigation fingerprint results; and

(7) If applicable, prior background investigations.

In this regard, Contractor shall furnish the following electronic documents to the Contractor Security Management (CSM) at CSM@irs.gov within 10 business days (or shorter period) of assigning (or reassigning) an employee to this contract/order/agreement and prior to the contract employee performing any work thereunder:

• The IRS provided Risk Assessment Checklist (RAC) Form 14606; and

• All required security forms (for new contractor employees), are available through CSM and the COR.

b. Tax Compliance, Credit Checks and Fingerprinting:

1. Contractors (including subcontractors) whose duration of employment exceeds 180 days must meet the eligibility requirements for access and shall undergo a background investigation based on the assigned position risk designation as a condition of work under the Government contract/order/agreement.

2. If the duration of employment is less than 180 days or access is infrequent (i.e. 2-3 days per month), and the contractor requires unescorted access, the contractor (including subcontractor) employee must meet the eligibility requirements for access in IRM 10.23.2.2(2) and must undergo Federal tax compliance and fingerprint check screening.

3. For contractor (including subcontractor) employees not requiring access to IT systems, a background investigation is not needed and will not be requested if a qualified escort, defined as an IRS employee or as a contractor who has been granted staff-like access, escorts a contractor meeting the conditions of number b.2 above at all times while the escorted contractor accesses IRS facilities and equipment.

The contractor employee will be permitted to perform under the contract/order/ agreement and have access to IRS facilities only upon notice of an interim or final approval, as defined in Internal Revenue Manual (IRM) 10.23.2 – Contractor Investigations, and is otherwise consistent with IRS security practices and related IRMs, to include, but not limited to, IRM 1.4.6 – Managers Security Handbook, IRM10.2.14 – Methods of Providing Protection, and IRM 10.8.1 - Policy and Guidance.

Associate Director, Personnel Security prior to completion of the full investigation, will grant interim staff-like access approval as follows:

a. Individuals who possess a current active U.S. Government security clearance for access to classified information may be granted interim staff-like access for positions after 1) the clearance is verified through the Joint Personnel Adjudication System (JPAS), and 2) after favorable adjudication of pre-screening eligibility/suitability checks. Individuals with Top Secret clearance may be granted interim staff-like access approval to occupy positions designated at any risk level. Individuals with Secret or Confidential clearances may be granted interim staff-like access approval to occupy positions designated Moderate or Low Risk.

b. Individuals not possessing a current or active U.S. Government security clearance for access to classified information or not possessing a prior Government personnel security investigation that meets the scope and criteria required for their position may be granted interim staff-like access approval upon favorable adjudication of pre-screening eligibility/suitability checks.

As prescribed in IRM 10.23.2, escorting in lieu of staff-like access for IT systems and access to SBU data (escorted or unescorted) will not be allowed.

[End of Clause]

IR1052.204-9006, NOTIFICATION OF CHANGE IN CONTRACTOR EMPLOYEE

EMPLOYMENT STATUS, ASSIGNMENT, OR STANDING (JUN 2013)

The contractor shall notify the Contracting Officer's Representative (COR) and the Contractor Security Management (CSM), via email to CSM@irs.gov, within 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.

When required by the COR, the contractor may be required to provide the information required by this clause to the IRS using the Archer application or similar application that will be used also to track security performance.

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…