TIRWR16Q00018.pdf

OMB Control No. 1505-0081

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

1. REQUISITION NUMBER

V-6-V6-02-LI-B00 000

2. CONTRACT NO.

3. AWARD/EFFECTIVE DATE

4. ORDER NUMBER

5. SOLICITATION NUMBER

TIRWR-16-Q-00018

6. SOLICITATION ISSUE

DATE

2016-07-27

7. FOR SOLICITATION

INFORMATION CALL:

a. NAME

CARMEN LATANYA EVANS-TATE

b. TELEPHONE NUMBER (No collect calls)

5109075080

8. OFFER DUE DATE/

LOCAL TIME

2016-08-10 11:00 A.M. PST

9. ISSUED BY CODE 26899 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR

DEPARTMENT OF TREASURY (DY) I.R.S., PROCUREMENT OS:A:P:B:W SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS (WOSB)

ELIGIBLE UNDER THE WOSB PROGRAM

1301 CLAY STREET SUITE 810S OAKLAND , CA 94612-5272 HUBZONE SMALL BUSINESS EDWOSB NAICS: 518210

CARMEN LATANYA EVANS-TATE 5109075080 SERVICE-DISABLED VETERAN

OWNED SMALL BUSINESS

8(A) SIZE STANDARD: 0

11. DELIVERY FOR FOB DESTINATION

UNLESS BLOCK IS MARKED

12. DISCOUNT TERMS 13a. THIS CONTRACT IS A

RATED ORDER UNDER DPAS

(15 CFR700)

13b. RATING

SEE SCHEDULE

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE

11355 16. ADMINISTERED BY CODE 26899

Internal Revenue Service 1301 Clay Street Oakland, CA 94612

CARMEN LATANYA EVANS-TATE 5109075080

DEPARTMENT OF TREASURY (DY)

I.R.S., PROCUREMENT OS:A:P:B:W

1301 CLAY STREET SUITE 810S

OAKLAND , CA 94612-5272

17a. CONTRACTOR/

CODE FACILITY

18a. PAYMENT WILL BE MADE BY CODE 11355

OFFEROR CODE

To All Offerors www.IPP.gov

TELEPHONE NO.

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN

OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK

BELOW IS CHECKED. SEE ADDENDUM

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE

24.

AMOUNT

ALL interested offerors must be registered in the System for Award at www.SAM.gov.

Please provide your Data Universal Numbering

System (DUNS) with your quote.

0001 Scanning Services. The contractor shall 1.00 AJ __________ __________ provide all labor, equipment, supplies, pick up and return delivery, and supervision necessary to complete the scanning services of approximately 848 boxes. Please refer to

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA

26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4, FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN.

29. AWARD OF CONTRACT: REF. OFFER

DATED . YOUR OFFER ON SOLICITATION (BLOCK 5).

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH

HEREIN, IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT)

30c. DATE SIGNED

31b NAME OF CONTRACTING OFFICER (TYPE OR PRINT)

31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION STANDARD FORM 1449 (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

X

X X http://www.ipp.gov/

19.

ITEM NO.

20.

SCHEDULE OF SUPPLIES/SERVICES

21.

QUANTITY

22.

UNIT

23.

UNIT PRICE (US$)

24.

AMOUNT (US$)

(CONTINUE)

details. The period of performance is

8/15/2016 - 12/30/2016 or date of award to

13/30/2016.

Discount offered: Yes ____, percentage

______ per invoice or No _____.

FAR 52.222-41, Service Contract Act of 1965 applies to this contract. The Service

Contract Act requires contractors performing pay service employees no less than the wage rates and fringe benefits found prevailing in the locality. The Wage

Determination No. 2015-5163, Rev3, Date

12/292015 is applicable and incorporated herein. The website for a copy is:

http://www.wdol.gov/wdol/scafiles/std/05-2153.txt?v=1

PLESE COMPLETE AND RETURN THE FOLLOWING WITH QUOTE:

Page 1, blocks 12, 17a, 20, 23, 24, 26, 30a, 30b, 30c, page 2, page 11, page 23, page 26, the requested information, Attachment 2 and

Attachment 3.

The closing date for quotes is Wednesday, 8/10/2016 at 11:00 a.m.

PST

by email to LaTanya.Evans-Tate@irs.gov .

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED:

32b. SIGNATURE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT

REPRESENTATIVE

32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

33. SHIP NUMBER

34. VOUCHER NUMBER 35.AMOUNT VERIFIED

CORRECT FOR

36. PAYMENT

COMPLETE PARTIAL FINAL

37. CHECK NUMBER

PARTIAL

FINAL

38. S/R ACCOUNT NUMBER 39.S/R VOUCHER NUMBER 40. PAID BY

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42.a. RECEIVED BY (Print) 41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

42b. RECEIVED AT (Location)

42.c DATE REC’D (YY/MM/DD)

42d. TOTAL CONTAINERS

STANDARD FORM 1449 (REV. 3/2005) BACK

http://www.wdol.gov/wdol/scafiles/std/05-2153.txt?v=1 mailto:LaTanya.Evans-Tate@irs.gov

52.252-1 Solicitation Provisions Incorporated by Reference (Feb 1998)

This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the

Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

http://www.arnet.gov/far/

NUMBER TITLE DATE

52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)

52.224-2 PRIVACY ACT (APR 1984)

52.204-7 SYSTEM FOR AWARD MANAGEMENT (JUL 2013)

52.212-4 CONTRACT TERMS AND CONDITIONS-COMMERCIAL

COMMERCIAL ITEMS

(MAY 2015)

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES

OR EXECUTIVE ORDERS--COMMERCIAL ITEMS. (JUN 2016)

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) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(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) (Pub. L. 108-77, 108-78)

(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 shall check as appropriate __ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).

Contracting Officer shall check as appropriate _X_(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub.

L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

http://www.arnet.gov/far/

Contracting Officer shall check as appropriate __ (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.)

Contracting Officer shall check as appropriate __ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jul 2010) (Pub. L. 109-282) (31 U.S.C. 6101 note).

Contracting Officer shall check as appropriate __ (5) 52.204-11, American Recovery and Reinvestment ActReporting Requirements (Jul 2010) (Pub. L. 111-5).

Contracting Officer shall check as appropriate X__ (6) 52.209-6, Protecting the Governments Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (DEC 2010) (31 U.S.C. 6101 note).

Contracting Officer shall check as appropriate __(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).

Contracting Officer shall check as appropriate __ (8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L.

111-8, and section 745 of Division D of Pub. L. 110-161).

Contracting Officer shall check as appropriate __ (9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) 7501(15 U.S.C. 657a).

Contracting Officer shall check as appropriate __ (10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer)(15 U.S.C. 657a).

Contracting Officer shall check as appropriate __ (11) [Reserved]

Contracting Officer shall check as appropriate __ (12) (i) 52.219-6, Notice of Total Small Business Aside (Nov 2011) (15 U.S.C. 644).

Contracting Officer shall check as appropriate __ (ii) Alternate I (Nov 2011).

Contracting Officer shall check as appropriate __ (iii) Alternate II (Nov 2011).

__ (13) (i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003)(15 U.S.C.

644).

Contracting Officer shall check as appropriate

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

Contracting Officer shall check as appropriate __ (iii) Alternate II (Mar 2004) of 52.219-7.

Contracting Officer shall check as appropriate X__ (14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C.

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

Contracting Officer shall check as appropriate __ (15) (i) 52.219-9, Small Business Subcontracting Plan (Jan 2011)(15 U.S.C. 637 (d)(4)).

Contracting Officer shall check as appropriate __ (ii) Alternate I (Oct 2001) of 52.219-9.

Contracting Officer shall check as appropriate __ (iii) Alternate II (Oct 2001) of 52.219-9.

Contracting Officer shall check as appropriate ___ (iv) Alternate III (JUL 2010) of 52.219-9.

Contracting Officer shall check as appropriate _(16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011)(15 U.S.C. 644(r)).

Contracting Officer shall check as appropriate __ (17) 52.219-14, Limitations on Subcontracting (Nov 2011)(15 U.S.C. 637(a)(14)).

Contracting Officer shall check as appropriate __ (18) 52.219-16, Liquidated Damages Subcontracting Plan (Jan 1999) (15 U.S.C.

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

Contracting Officer shall check as appropriate __ (19) )(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).

Contracting Officer shall check as appropriate __ (ii) Alternate I (June 2003) of 52.219-23.

Contracting Officer shall check as appropriate __ (20) 52.219-25, Small Disadvantaged Business Participation Program Disadvantaged Status and Reporting (DEC 2010)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

__ (21) 52.219-26, Small Disadvantaged Business Participation Program Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).

Contracting Officer shall check as appropriate __ (22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657 f).

Contracting Officer shall check as appropriate __ (23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).

Contracting Officer shall check as appropriate __ (24) 52.219-29 Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012). (15 U.S.C.

637(m)).

Contracting Officer shall check as appropriate __ (25) 52.219-30 Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012). (15 U.S.C. 637(m)).

Contracting Officer shall check as appropriate X__ (26) 52.222-3, Convict Labor (June 2003) (E.O. 11755)

Contracting Officer shall check as appropriate X__ (27) 52.222-19, Child Labor Cooperation with Authorities and Remedies (Nov 2013) (E.O. 13126).

Contracting Officer shall check as appropriate X__ (28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).

Contracting Officer shall check as appropriate X __ (29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).

Contracting Officer shall check as appropriate __ (30) 52.222-35, Equal Opportunity for Veterans (Sept 2010)(38 U.S.C. 4212).

Contracting Officer shall check as appropriate __ (31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010)(29 U.S.C. 793).

Contracting Officer shall check as appropriate __ (32) 52.222-37, Employment Reports on Veterans, (Sept 2010)(38 U.S.C. 4212).

Contracting Officer shall check as appropriate __ (33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

Contracting Officer shall check as appropriate __ (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.)

Contracting Officer shall check as appropriate __ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPADesignated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

Contracting Officer shall check as appropriate __ (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.)

Contracting Officer shall check as appropriate __ (36) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

Contracting Officer shall check as appropriate __ (37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O. 13423).

Contracting Officer shall check as appropriate __ (ii) Alternate I (Dec 2007) of 52.223-16.

Contracting Officer shall check as appropriate ___(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

Contracting Officer shall check as appropriate X__ (39) 52.225-1, Buy American Act Supplies (Feb 2009) (41 U.S.C. 10a-10d).

Contracting Officer shall check as appropriate __ (40)(i) 52.225-3, Buy American Act Free Trade Agreements Israeli Trade Act (Nov 2012) (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, Pub. L. 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, and Pub. L. 112-41).

Contracting Officer shall check as appropriate __ (ii) Alternate I (Mar 2012) of 52.225-3.

Contracting Officer shall check as appropriate __ (iii) Alternate II (Mar 2012) of 52.225-3.

Contracting Officer shall check as appropriate __ (iv) Alternate III (Mar 2012) of 52.225-3.

Contracting Officer shall check as appropriate __ (41) 52.225-5, Trade Agreements (Nov 2013) (19 U.S.C. 2501, et seq., 19 U.S.C.

3301 note).

X__ (42) 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).

Contracting Officer shall check as appropriate __ (43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).

Contracting Officer shall check as appropriate __ (44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C. 5150).

Contracting Officer shall check as appropriate __ (45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f), 10 U.S.C. 2307(f)).

Contracting Officer shall check as appropriate __ (46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C.

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

Contracting Officer shall check as appropriate X__ (47) 52.232-33, Payment by Electronic Funds Transfer Central Contractor Registration (Oct 2003) (31 U.S.C. 3332).

Contracting Officer shall check as appropriate __ (48) 52.232-34, Payment by Electronic Funds Transfer Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).

Contracting Officer shall check as appropriate __ (49) 52.232-36, Payment by Third Party (Feb 2010) (31 U.S.C. 3332).

Contracting Officer shall check as appropriate X__ (50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).

Contracting Officer shall check as appropriate __ (51)(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).

Contracting Officer shall check as appropriate __ (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 shall check as appropriate X__ (1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

__ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29

U.S.C. 206 and 41 U.S.C. 351, et seq.).

Contracting Officer shall check as appropriate X__ (3) 52.222-43, Fair Labor Standards Act and Service Contract ActPrice Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

Contracting Officer shall check as appropriate __ (4) 52.222-44, Fair Labor Standards Act and Service Contract ActPrice Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).

Contracting Officer shall check as appropriate __ (5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

Contracting Officer shall check as appropriate __ (6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services Requirements (Feb 2009) (41 U.S.C. 351, et seq.).

Contracting Officer shall check as appropriate __ (7) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).

Contracting Officer shall check as appropriate __ (8) 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 Contractors 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) (Pub. L.

110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).

(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (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) [Reserved]

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

(v) 52.222-35, Equal Opportunity for Veterans (Sept 2010) (38 U.S.C. 4212).

(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C.

793).

(vii) 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.

(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).

(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).

Contracting Officer shall check as appropriate ___Alternate I (Aug 2007) of 52.222-50 (22 U.S.C. 7104(g)).

(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).

(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009) (41 U.S.C. 351, et seq

(xii) 52.222-54, Employment Eligibility Verification (Aug 2013).

(xiii) 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).

(xiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.

(xv) 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)

AB 12-01-1009.104 Representation by Corporations Regarding an Unpaid

Delinquent Tax Liability or a Felony Conviction under Federal Law (FEB 2012)

This provision is a deviation to the Federal Acquisition Regulations (FAR), Subpart 1.4.

(1) The offeror does [ __] does [ __] does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(2) The offeror, [ __] has [ __] has not been convicted of a felony criminal violation under any Federal law within the preceding 24 months.

2. No Treasury employee shall use funds provided under the Consolidated Appropriations Act to award a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any corporation that provides an affirmative response to the above representations, except pursuant to a determination under paragraph 4, below.

3. No Treasury employee shall use funds provided under the Consolidated Appropriations Act to award a contract, memorandum of understanding, or cooperative agreement with, make a grant to, or provide a loan or loan guarantee to, any offeror or applicant that that has an affirmative listing in the System for Awards Management (SAM) of an outstanding federal debt without a review by the Suspension and Debarment Official. Please refer this to Suspension and Debarment for review.

4. Contracting officers and other Treasury employees that receive information indicating the existence of a felony criminal violation under a federal law within the preceding 24 months or an unpaid federal tax liability, which all judicial and administrative remedies have been exhausted or have lapsed, shall refer the matter to Suspension and Debarment or relevant Inspector General. No award shall be made or agreement entered into unless the Suspension and Debarment Official makes a determination in writing that further action is not necessary to protect the interests of the Government.

5. Contracting officers and other Treasury employees that receive information indicating the existence of an outstanding federal debt through the use of SAM will provide all relevant information available from the entity overview page in SAM.gov to Suspension and Debarment at the contact below or at:

http://www.treasurv.gov/serviceslreport-fwa/Pages/Report-Fraud-or-Misconduct-Related-to Governmcnt-Contracts-or-Grants.aspx

6. Contracting officers, grants officers, and ordering officers may also want to consider inclusion of a similar clause as in paragraph 1 above in contracts, grants and orders that use non-appropriated funds.

Additional Information: Questions about this AB may be directed to Suspension and Debarment at TreasuryS&DCCV,treasurv.gov or call (202) 622-5666

AB 1052.203-99 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements. (Mar 2015)(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.

(End of clause)

AB 1052.203-98 Prohibition on Contracting with Entities that Require Certain Internal

Confidentiality Agreements- Representation. (DEVIATION 2015-00003)

(a) In accordance with section 743 ofDivision E, Title VII, of the Consolidated and

Further Continuing Resolution Appropriations Act, 2015 (Pub. L. 113-235), Government agencies are not permitted to use funds appropriated (or otherwise made available) under that or any other Act for contracts with an entity that requires employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign 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 prohibition in paragraph (a) of this provision 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.

(c) Representation. By submission of its offer, the Offeror represents that it does not require employees or subcontractors of such entity seeking to report fraud, waste, or abuse to sign 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.

(End of provision)

DT1052.232-7033 Electronic Submission of Payment Requests (Apr 2015)

(a) Definitions. As used in this clause-

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

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

Information regarding IPP, including IPP Customer Support contact information, is available at www.ipp.gov or any successor site.

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

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

(End of clause)

IR1052.239-9007 ACCESS, USE OR OPERATION OF IRS INFORMATION TECHNOLOGY

(IT) SYSTEMS BY CONTRACTORS (APR 2015)

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

1. IRS Information Technology Security Policy and Guidance. All current and new IRS contractor (including subcontractor) employees authorized staff-like (unescorted) access to Treasury/IRS owned or controlled facilities and information systems, or work, wherever located, on those contracts, which involve the design, operation, repair or maintenance of information systems and access to Sensitive But Unclassified (SBU) information shall comply with the IRS Information Technology Security Policy and Guidance, Internal Revenue Manual (IRM) 10.8.1, 10.8.2, and IRS Publication 4812.

Copies of IRM 10.8.1 and 10.8.2 are available at http://www.irs.gov/irm/. This requirement applies to contractors who are using contractor/subcontractor-managed systems, including laptop computers, workstations, servers, and other IT resources) at contractor managed facilities. A copy of Publication 4812 is available at http://www.irs.gov/pub/irs-procure/Publication-4812---Contractor--Security-Controls.pdf

2. Access Request and Authorization. Within ten (10) business days after contract award or issuance of an order, the contractor shall provide the Contracting Officer`s Representative (COR) and the Contractor Security Management (CSM), via email to awss.csm.training@irs.gov, a list of names of all applicable contractor and subcontractor employees and the IRS location(s) identified in the contract for which access is requested. A security screening, if determined appropriate by the IRS and in accordance with IRM 10.23.2, Contractor Investigations, and Department of the Treasury Security Manual (TD P) 15-71, Chapter II, Section 2, will be conducted by

CSM.

Contractor (including subcontractor) employees will be permitted to perform under the contract and have access to IRS facilities only upon notice of an interim or final approval, as defined in IRM 10.23.2 and is otherwise consistent with IRS security practices and related IRMs, to include, but not limited to, IRM 1.4.6 - Managers Security Handbook, IRM 10.2.14 - Methods of Providing Protection, and IRM 10.8.1 - Policy and Guidance.

Upon notification of a favorable adjudication of a security screening, the COR will complete an Online 5081 (OL 5081), Automated Information System User Registration/Change Request, for each prime or subcontractor employee and require an electronic signature from each such employee indicating the contractor employee has read and fully understands the security requirements governing access to the Service`s IT systems.

3. Remote Access. If the contract authorizes access to IRS IT systems, information, or assets remotely; that is, from the contractor or other facility, office, or site, the requirements of this clause governs, as well as the general guidance and specific security control standards in IRS Publication 4812, Contractor Security Controls. The contractor will be required to input data into a system, to be defined by the IRS, to describe the security controls being used to protect information.

4. Contractor Acknowledgement. The contractor also acknowledges and agrees: (a) That employees must comply with all laws, IRS system security rules and security policies, standards, and procedures, and (b) That any one of its employees unsanctioned, negligent, or willful violation of the laws, system security rules, and security policies, standards, and procedures may result in the revocation of access to

IRS information technology systems, immediate removal from IRS premises and the contract, and may be subject to arrest by Federal law enforcement agents.

5. Limited Personal Use of Government IT Resources.

a. Contractor (including subcontractor) employees, like Federal employees, have no inherent right to use Government IT resources and this policy does not create the right to use Government IT resources for nongovernmental purposes. See IRM 10.8.27, Exhibit 10.8.27-1, Prohibited Uses of Government IT Resources, for specific examples of prohibited uses. See Title 5 - Code of Federal Regulations (CFR) - Part 734 - Political Activities of Federal Employees, for specific examples of prohibited political activities.

b. The contractor (including subcontractor) shall report any incident/situation in accordance with IRM 10.8.1.4.8.5 - Incident Reporting and to the Contracting Officer and COR. Concurrent with its reporting it to the COR, the contractor shall report incidents/situations (24x7x365) to Computer Security Incident Response Center (CSIRC)(IT infrastructure)/Situation Awareness Management Center (SAMC) (anything that does not affect the IT infrastructure) through any of the following methods:

Telephone: (202) 283-4809 (local) or toll free hotline at (866) 216-4809/ TTY at 800-877-8339 Fax: (202) 283-0345 E-mail: samc@cirsc.irs.gov

* Information about unclassified cyber security incidents of a sensitive nature shall be transmitted using secure messaging or alternative forms of encryption.

* If the incident involves the loss, misuse, or unauthorized inspection of SBU information, the contractor shall also report the incident/situation to the Treasury Inspector General for Tax Administration (TIGTA) hotline at 800-366-4484.

6. Replacement Personnel. The CO, at his/her discretion, may require removal of the employee from performance under this or any IRS contract and may require replacement personnel with similar credentials within 5 days of the notice to remove.

Replacement personnel must be acceptable to the CO, in consultation with the COR.

7. Monitoring Notification. IRS management retains the right to monitor both the content and the level of access of contractor employees` use of IRS IT systems. Contractor employees do not have a right, nor should they have an expectation, of privacy while using any IRS information technology system at any time, including accessing the Internet or using e-mail.

8. Security Reports and Information. If any reports are required, the COR may direct the submission of such reports and information through a specific IRS application, to be determined, or the entry of specific information into the application or system.

9. Subcontracts. The Contractor shall incorporate this clause in all subcontracts, subcontract task or delivery orders or other subcontract performance instrument where the subcontractor employees will require access, use or operation of IRS information technology systems.

[End of clause]

IR1052.204-9006 Notification of Change in Contractor Employee Employment Status, Assignment, or Standing (OCT 2015)

The contractor shall via e-mail (CSM@irs.gov), notify the Contracting Officer (CO), Contracting Officer's Representative (COR) and the Contractor Security Management (CSM) within 1 business day of the contractor (including subcontractor) becoming aware of any change in the employment status, information access requirement, assignment, or standing of a contractor (or subcontractor) employee under this contract or 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 contract/order;

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

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

* Denial of or Revocation of Access (RAC) as determined by the IRS

* 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/ order (provide explanation); or

* Death.

When required by the COR, the contractor may be required to provide the information required by this clause to the IRS using the RAC or security documents as identified by

CSM.

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/agreement/order number(s);

* Actual or anticipated date of departure or separation;

* When applicable, the name of the IRS facility or facilities this individual routinely works from or has access to when performing work under this contract/order;

* When applicable, contractor (including subcontractor) using contractor (or subcontractor) owned systems for work must ensure that their systems are updated to ensure employees no longer have continued access to IRS work, either for systems administration or processing functions; and

* 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.

In the event the subject contractor (including subcontractor) employee is working on multiple contracts, orders, or agreements, notification shall be combined, and the cognizant COR for each affected contract or order (using the Contractor Separation Checklist (Form 14604 (Rev. 4-2015)) shall be included in the joint notification along with the CSM. These documents (the RAC and security forms) are also available by email request to CSM.

The vendor POC and the COR must ensure all badges, Smart Cards, equipment, documents, and other government furnished property items are returned to the IRS, systems accesses are removed, and Real Estate & Facilities Management is notified of federal workspace that is vacant.

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

[End of clause]

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

2015)

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 (including subcontractor) personnel should be permitted to work in the identified position. The Contracting Officer`s Representative (COR) (in the absence of the COR, the Contracting Officer (CO)) shall work with the contractor to ensure that contractor (or subcontractor) employee is granted staff-like access to Sensitive but Unclassified (SBU) information, IRS/contractor (including subcontractor) facilities, information system/asset that process/store SBU information without the required investigation.

For security requirements at contractor facilities using contractor-managed resources, please reference Publication 4812, Contractor Security Controls. The contractor shall grant staff-like access to IRS SBU information or information system/assets only to individuals who have received staff-like access approval (interim or final) from IRS Personnel Security.

a. Contractor (including subcontractor) personnel performing under an agreement that authorizes staff-like access to and in IRS/contractor (including subcontractor) facilities, and access to 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/lawful permanent residency compliance;

(4) Background investigation forms;

(5) Credit history;

(6) Federal Bureau of Investigation fingerprint results; and

(7) Prior federal government 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 contractor (including subcontractor) employee performing any work or being granted staff-like access to IRS SBU or IRS/contractor (including subcontractor) facilities, information systems/assets that process/store SBU information thereunder:

IRS provided Risk Assessment Checklist (RAC) Form 14606;

Non-Disclosure Agreement (if contract terms grant SBU access); and, Any additional required security forms, which will be made 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/suitability 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 10.23.2.9, as well as a FBI Fingerprint result 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 (including subcontractor) 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 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.

The 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 receipt of all required contractor security forms, and 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]

IR1052.224-9008 SAFEGUARDS AGAINST UNAUTHORIZED DISCLOSURE OF SENSITIVE

BUT UNCLASSIFIED INFORMATION (NOV 2015)

1. Treasury Directive Publication 15-71 (TD P 15-71), Chapter III - Information Security, Section 24 - Sensitive But Unclassified Information defines SBU information as `any information, the loss, misuse, or unauthorized access to or modification of which could adversely affect the national interest or the conduct of Federal programs, or the privacy to which individuals are entitled under Section 552a of Title 5, United States Code (USC) (the Privacy Act) but which has not been specifically authorized under criteria established by an executive order or an act of Congress to be kept secret in the interest of national defense or foreign policy.` 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

2. Confidentiality requirements for tax returns and return information are established by Section 6103 of the Internal Revenue Code (26 USC 6103), and the penalties for unauthorized access and disclosure of returns and return information are found in Sections 7213, 7213A and 7431 of the Internal Revenue Code (26 USC 7213, 7213A and 7431).

3. Contractors who perform work at contractor (including subcontractor) managed sites using contractor or subcontractor managed IT resources shall adhere to the general guidance and specific security control standards or requirements contained in Publication 4812, Contractor Security Controls, IRM 10.23.2 - Personnel Security, Contractor Investigations and IRM 10.8.1 - Information Technology (IT) Security, Policy and Guidance. Typically, all contracts that require contractor (including subcontractor) employees to handle, manage, or process SBU information shall be protected at the moderate risk level. Publication 4812 and IRM 10.8.1 and 10.23.2 provide comprehensive lists of all security controls and guidance.

4. As directed by the Contracting Officer, the contractor will be required to input data into Archer or a similar system to describe the security controls being used to protect information.

5. Eligibility, Fitness and Suitability. Contractor (including subcontractor) 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 SBU information, must meet the eligibility requirements under IRM 10.23.2, Personnel Security, Contractor Investigations, and shall be subject to security screening and investigative processing, commensurate with the position sensitivity level, and in accordance with IRM 10.23.2, and TD P 15-71.

Contractor (including subcontractor) employees must be favorably adjudicated prior to starting work on the contract/order or before being granted staff-like access (or interim staff-like access, if approved by Personnel Security) to IRS information systems or SBU information.

6. General Conditions for Allowed…