TIRWR17R00024.pdf
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Solicitation Number TIRWR-17-R-00024
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OMB Control No. 1505-0081
SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
1. REQUISITION NUMBER
V-7-V6-02-LI-B01 000
2. CONTRACT NO.
3. AWARD/EFFECTIVE DATE
4. ORDER NUMBER
5. SOLICITATION NUMBER
TIRWR-17-R-00024
6. SOLICITATION ISSUE
DATE
07-24-17
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
LATANYA EVANS-TATE
b. TELEPHONE NUMBER (No collect calls)
5109075080
8. OFFER DUE DATE/
LOCAL TIME
08-23-17 10:00 a.m. PT
9. ISSUED BY CODE 26899 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: 100 % 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
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
15665 16. ADMINISTERED BY CODE 26899
IRS / CI
6230 Van Nuys Blvd., Room 2004 Van Nuys , CA 91408 Loren Lash, 213-305-8780
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
GROUP SITE VISIT will be on Wednesday, 8/9/17 at 10:00 a.m. at the 6230 Van Nuys Blvd., Room 2004, Van Nuys, CA 91401
All questions must be in writing by 8/15/17 at 10:00 a.m. PT by email only to
LaTanya.Evans-Tate@irs.gov, Reference: QUESTIONS for TIRWR-17-Q-00022.
NOTE: Late questions will not be acknowledged.
PROPOSALS DUE 8/23/17 at 10:00 a.m. PT (Block #8 & #9 above)
(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)
0001 Scanning Services. 850.00 BX $______________ $____________
The contractor shall provide all labor, equipment, supplies, pick up and return delivery, and supervision necessary to complete the scanning services of approximately 850 boxes. Please refer to the Statement of Work for details.
The period of performance is
9/01/2017 - 3/31/2018 or date of award to 03/31/2018
The award will be firm fixed per box.
The interested offeror MUST propose and submit a cost per box. The award will NOT be based on the number or pieces of paper per box.
The site visit is not mandatory but is recommended.
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, Rev4, Date
12/29/2016 is applicable and incorporated herein.
All invoice submission and payment will be by the Invoice Processing
Platform at www.IPP.gov
Receipt & Acceptance:
Maria (Maul) L. Presnillo, 949-575-6185 or
Joan Fitzgerald 760-736-7435
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
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE (US$)
24.
AMOUNT (US$)
(CONTINUE)
Contract Administration:
LaTanya Evans-Tate, 510-907-5080
PROPOSALS DUE 8/23/17 at 10:00 a.m. California - PT
MAIL TO:
Internal Revenue Service, Western Area Branch
Office of Business Operations (OS:PR:B:W)
Attn: LaTanya Evans-Tate
1301 Clay Street, Suite 810S
Oakland, CA 94612
COMPLETE AND RETURN WITH PROPOSAL:
Page 1, 2, 3, 14, 18, 19 and 22
Attachment 2, Technical Proposal Instructions
Attachment 3, Offeror Reference Sheet
Attachment 4, Disclosure Statement
NO EMAIL PROPOSALS WILL BE ACCEPTED.
NO ELECTRONIC TRANSMITTED PROPOSALS
WILL BE ACCEPTED.
INTERESTED OFFEROR RESPONSIBILITY
It is the interested offeror responsibility to ensure all of the proposal documents/documentation is provided. The
Contracting Officer may or may not clarify or discuss or request any missing information.
INTERESTED OFFEROR RESPONSIBILITY
FORM 1449 CONTINUE SHEET 1
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
52.237-1 SITE VISIT (APR 1984)
52.232-1 PAYMENTS (APR 1984)
52.224-1 PRIVACY ACT NOTIFICATION (APR 1984)
52.224-2 PRIVACY ACT (APR 1984)
52.239-1 PRIVACY OR SECURITY SAFEGUARDS (AUG 1996)
52.212-4 Contract Terms and Conditions-Commercial Items (JAN 2017)
52.253-1 COMPUTER GENERATED FORMS (JAN 1991)
52.204-7 System for Award Management (Oct 2016) 52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
52.237-3 CONTINUITY OF SERVICES (JAN 1991)
52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES
OR EXECUTIVE ORDERS--COMMERCIAL ITEMS. (JAN 2017)
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 __(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
_X_ (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 __ (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 ProgramDisadvantaged Status and Reporting (DEC 2010)(Pub. L. 103-355, section 7102, and 10 U.S.C. 2323).
Contracting Officer shall check as appropriate __ (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).
Contracting Officer shall check as appropriate 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).
__ (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 __ (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.).
Contracting Officer shall check as appropriate __ (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 __ (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.).
__ (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)
52.216-1 TYPE OF CONTRACT (APR 1984)
The Government contemplates award of a firm fixed contract resulting from this solicitation.
(End of provision)
52.233-3 PROTEST AFTER AWARD (AUG 1996)
(a) Upon receipt of a notice of protest (as defined in FAR 33.101) or a determination that a protest is likely (see FAR 33.102(d)), the Contracting Officer may, by written order to the Contractor, direct the Contractor to stop performance of the work called for by this contract.
The order shall be specifically identified as a stop-work order issued under this clause. Upon receipt of the order, the Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the work covered by the order during the period of work stoppage. Upon receipt of the final decision in the protest, the Contracting Officer shall either--
(1) Cancel the stop-work order; or
(2) Terminate the work covered by the order as provided in the Default, or the Termination for Convenience of the Government, clause of this contract.
(b) If a stop-work order issued under this clause is canceled either before or after a final decision in the protest, the Contractor shall resume work. The Contracting Officer shall make an equitable adjustment in the delivery schedule or contract price, or both, and the contract shall be modified, in writing, accordingly, if--
(1) The stop-work order results in an increase in the time required for, or in the Contractor's cost properly allocable to, the performance of any part of this contract;
and
(2) The Contractor asserts its right to an adjustment within 30 days after the end of the period of work stoppage; provided, that if the Contracting Officer decides the facts justify the action, the Contracting Officer may receive and act upon a proposal at any time before final payment under this contract.
(c) If a stop-work order is not canceled and the work covered by the order is terminated for the convenience of the Government, the Contracting Officer shall allow reasonable costs resulting from the stop-work order in arriving at the termination settlement.
(d) If a stop-work order is not canceled and the work covered by the order is terminated for default, the Contracting Officer shall allow, by equitable adjustment or otherwise, reasonable costs resulting from the stop-work order.
(e) The Government's rights to terminate this contract at any time are not affected by action taken under this clause
(f) If, as the result of the Contractor's intentional or negligent misstatement, misrepresentation, or miscertification, a protest related to this contract is sustained, and the Government pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the Government may require the Contractor to reimburse the Government the amount of such costs. In addition to any other remedy available, and pursuant to the requirements of Subpart 32.6, the Government may collect this debt by offsetting the amount against any payment due the Contractor under any contract between the Contractor and the Government.
(End of clause)
52.233-1 Disputes (May 2014)
(a) This contract is subject to 41 U.S.C chapter 71, Contract Disputes.
(b) Except as provided in 41 U.S.C chapter 71, all disputes arising under or relating to this contract shall be resolved under this clause.
(c) "Claim," as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under 41 U.S.C chapter 71 until certified. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under 41 U.S.C chapter 71. The submission may be converted to a claim under 41 U.S.C chapter 71, by complying with the submission and certification requirements of this clause, if it is disputed either as to liability or amount or is not acted upon in a reasonable time.
(d)(1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within 6 years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer.
(2)(i) The Contractor shall provide the certification specified in paragraph (d)(2)(iii) of this clause when submitting any claim exceeding $100,000.
(ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim.
(iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am authorized to certify the claim on behalf of the Contractor."
(3) The certification may be executed by any person authorized to bind the Contractor with respect to the claim.
(e) For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within 60 days of the request. For Contractor-certified claims over $100,000, the Contracting Officer must, within 60 days, decide the claim or notify the Contractor of the date by which the decision will be made.
(f) The Contracting Officer`s decision shall be final unless the Contractor appeals or files a suit as provided in 41 U.S.C chapter 71.
(g) If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolution (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor`s specific reasons for rejecting the offer.
(h) The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required); or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.201, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each 6-month period as fixed by the Treasury Secretary during the pendency of the claim.
(i) The Contractor shall proceed diligently with performance of this contract, pending final resolution of any request for relief, claim, appeal, or action arising under the contract, and comply with any decision of the Contracting Officer.
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.
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.
DT1052.201-70 COTR Appointment and Authority (APR 2004)
(a) The contracting officer’s technical representative is:
Loren Lash, cell 213-372-4111, desk, 213-305-8780,
(b) Performance of work under this contract must be subject to the technical direction of the COTR identified above, or a representative designated in writing. The term 3technical direction" includes, without limitation, direction to the contractor that directs or redirects the labor effort, shifts the work between work areas or locations, 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 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 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 shall confirm oral direction in writing within five work days, 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 his/her designee, falls within the limitations in (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 3Disputes."
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)
IR1052.209-9002 NOTICE AND CONSENT TO DISCLOSE AND USE OF TAXPAYER
RETURN INFORMATION
(a) Definitions. As used in this provision- "Authorized representative(s) of the offeror" means the person(s) identified to the Internal Revenue Service (IRS) within the consent to disclose by the offeror as authorized to represent the offeror in disclosure matters pertaining to the offer.
"Delinquent Federal tax liability" means any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.
"Tax check" means an IRS process that accesses and uses taxpayer return information to support the Government`s determination of an offeror`s eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5(b)).
(b) Notice. Pursuant to 26 U.S.C. 6103(a) taxpayer return information, with few exceptions, is confidential. Under the authority of 26 U.S.C. 6103(h)(1), officers and employees of the Department of the Treasury, including the IRS, may have access to taxpayer return information as necessary for purposes of tax administration. The Department of the Treasury has determined that an IRS contractor`s compliance with the tax laws is a tax administration matter and that the access to and use of taxpayer return information is needed for determining an offeror`s eligibility to receive an award, including but not limited to implementation of the statutory prohibition of making an award to corporations that have an unpaid Federal tax liability (see FAR 9.104-5).
(1) The performance of a tax check is one means that will be used for determining an offeror`s eligibility to receive an award in response to this solicitation (see FAR 9.104).
As a result, the offeror may want to take steps to confirm it does not have a delinquent Federal tax liability prior to submission of its response to this solicitation. If the offeror recently settled a delinquent Federal tax liability, the offeror may want to take steps to obtain information in order to demonstrate the offeror`s responsibility to the contracting officer (see FAR 9.104-5).
(c) The offeror shall execute the consent to disclosure provided in paragraph (d) of this provision and include it with the submission of its offer. The consent to disclosure shall be signed by an authorized person as required and defined in 26 U.S.C. 6103(c) and 26 CFR 301.6103(c)-1(e)(4).
(d) Consent to disclosure. I hereby consent to the disclosure of taxpayer return information (as defined in 26 U.S.C. 6103(b)(2)) as follows:
OFFEROR NAME:
The Department of the Treasury, Internal Revenue Service, may disclose the results of the tax check conducted in connection with the offeror`s response to this solicitation, including taxpayer return information as necessary to resolve any matters pertaining to the results of the tax check, to the authorized representatives of on this offer.
OFFEROR NAME:
I am aware that in the absence of this authorization, the taxpayer return information of is confidential and may not be disclosed, which subsequently may remove the offer from eligibility to receive an award under this solicitation.
I consent to disclosure of taxpayer return information to the following person(s):
I certify that I have the authority to execute this consent on behalf of
Offeror Name:
Offeror Taxpayer Identification Number:
Offeror Address:
Name of Individual Executing Consent: .
Title of Individual Executing Consent:
Signature: _ ____________________________________
Date: __ ___________________________________
1052.224-9008 SAFEGUARDS AGAINST UNAUTHORIZED DISCLOSURE OF SENSITIVE
BUT UNCLASSIFIED INFORMATION (NOV 2015)
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.`" As further described in IRM 10.8.1 - Information Technology (IT) Security, Policy and Guidance, SBU may be categorized in one or more of the following groups-o Returns and Return Information o Sensitive Law Enforcement Information o Employee Information o Personally Identifiable Information o Other Protected Information
Confidentiality requirements for tax returns and return information are established by Section 6103 of the Internal Revenue Code (26 U.S.C. 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 U.S.C. 7213, 7213A and 7431).
Contractors who perform work at contractor managed sites using contractor managed IT resources shall adhere to the general guidance and specific security control standards or requirements contained in Publication 4812, Contractor Security Controls. Typically all contracts that require contractor (and its employees) to handle, manage, or process Sensitive but Unclassified (SBU) information shall be protected at the moderate risk level. The Publication 4812 provides a comprehensive list of all security controls and guidance and guidance.
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.
a. Eligibility, Fitness and Suitability. Contractor personnel hired for work within the United States or its territories and possessions and who require access, wherever the location, to IRS owned or controlled facilities or work on contracts that involve the design, operation, repair, or maintenance of information systems, and/or require access to SBU information, must meet the eligibility requirements under IRM 10.23.2, 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 employees must be favorably adjudicated prior to starting work on the contract or before being granted staff-like access (or interim staff-like access, if approved by Personnel Security) to IRS information systems or SBU information.
b. General Conditions for Allowed Disclosure. Any SBU information, in any format, made available to contractor personnel shall be treated as confidential information and shall be used only for the purposes of carrying out the requirements of this contract.
Inspection by or disclosure to anyone other than a duly authorized officer or employee of the contractor shall require prior written approval of the IRS. Requests to make such inspections or disclosures shall be addressed to the Contracting Officer (CO).
c. Non-Disclosure Agreement (NDA). Consistent with TD P 15-71, Chapter II, Section 2, and IRM 10.23.2, each contractor employee who requires access to SBU information shall complete, sign and submit to Personnel Security -through the CO (or COR, if assigned)- an approved NDA.
d. Encryption. All SBU information must be protected at rest, in transit, and in exchanges (i.e., internal and external communications). The contractor shall employ encryption methods and tools to ensure the confidentiality, integrity, and availability of SBU information.
e. Incident and Situation Reporting. Within the first hour it becomes known, the contractor shall report any incident/situation to the COR (e.g., inspected or disclosed without authorization or disclosed to an unauthorized party, loss or stolen, misdirected, intercepted, hacked, or other situation has taken place that violates computer security policies). Concurrent with its reporting it to the COR, the contractor shall report incidents/situations (24x7x365) to Situation Awareness Management Center (SAMC) through any of the following methods:
Telephone: (202) 283-4809 (local) or toll free hotline at (866) 216-4809
Fax: (202) 283-0345
E-mail: samc@cirsc.irs.gov
f. In addition, if the SBU information is or involves returns or return information, or threatens the safety or security of personnel or information systems, the contractor shall report the incident/situation to the Treasury Inspector General for Tax Administration (TIGTA) hotline at (800) 366-4484.
g. Disposition of SBU Information. All SBU information processed during the performance of this contract, or to which the contractor was given access (as well as all related output, deliverables, or secondary or incidental by-products, information or data…
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