Services Agreement - Internal Revenue Service and Official Payments Corp.
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE 1 OF I
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 O-O-N8-07-07-A07 001
2. CONTRACT NO. 3. AWARDS/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
TIRNO-00-C-0010 DATE 03/03/00 DATE
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/
INFORMATION CALL: calls) LOCAL TIME
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9. ISSUED BY CODE irs0088 10. THIS ACQUISITION IS 11. DELIVERY FOR 12. DISCOUNT TERMS
FOB DESTINATION Discount 0%
INTERNAL REVENUE SERVICE [ ]UNRESTRIC1ED UNLESS BLOCK IS Days: 0
SERVICE [ ]SET ASIDE: % FOR MARKED Net due: 30
A/C PROCUREMENT Suite 700 [ ]SMALL BUSINESS [ ]SEE SCHEDULE
6009 OXON HILL ROAD [ ]SMALL DISAV. BUSINESS ------------------------------------------------
OXON HILL, MD 20745 [ ]8(A) [ ] 13a. THIS CONTRACT IS A RATED
SIC: ORDER UNDER DPAS (15 CFR 700)
SIZE STANDARD: ------------------------------------------------
13b. RATING
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14. METHOD OF SOLICITATION
[ ]RFQ [ ]IFB [ ]RFP
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15. DELIVER TO CODE lRS0088 16. ADMINISTERED BY CODE IRS0088
INTERNAL REVENUE SERVICE INTERNAL REVENUE SERVICE
A/C PROCUREMENT Suite 700 A/C PROCUREMENT Suite 700
6009 OXON HILL ROAD 6009 OXON HILL ROAD
OXON Hill, MD 20745 OXON HILL, MD 20745
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17a. CONTRACTOR/ CODE 00051397 FACILITY 18. PAYMENT WILL BE MADE BY CODE INV0830
OFFEROR code
OFFICIAL PAYMENTS CORPORATION IRS/IRS ADMINISTRAT1VE SERV1CES CENTER
2333 SAN RAMON VALLEY BLVD. #450 PO BOX E
SAN RAMON, CA 94553 TELEPHONE # (304) 256-6000
BECKLEY, WV 25802
TELEPHONE NO.
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[ ]17b. CHECK IF REMITTANCE IS DIFFERENT AND 18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW
PUT SUCH ADDRESS IN OFFER IS CHECKED
[ ]SEE ADDENDUM
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19. 20. 21. 22. 23. 24.
ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
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See attached schedule
(Attach Additional Sheets as Necessary)
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25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
See Commodity Lines 0.00
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[ ]27a. SOLICITATION INCORPORATED 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 [X]ARE [ ]ARE NOT ATTACHED
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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 2 COPIES 29. AWARD OF CONTRACT: REFERENCE _______________ OFFER
[X] TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS [ ] DATED _________. YOUR OFFER ON SOLICITATION
SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES
SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED HEREIN. WHICH ARE SET FORTH HEREIN, IS ACCEPTED AS TO
ITEMS:
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30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA(SIGNATURE OF CONTRACTING
OFFICER)
/s/ THOMAS R. EVANS /s/ MICHELLE A. LANE
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30b. NAME AND TITLE OF SIGNER (Type of print) 30c. DATE SIGNED 31b. NAME OF CONTRACTING 31c. DATE SIGNED
OFFICER (Type of print)
THOMAS R. EVANS 3/3/2000 MICHELLE A. LANE 202-283-1281 3/3/2000
CHAIRMAN & CEO
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32a. QUANTITY IN COLUMN 21 HAS BEEN 33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
[ ]RECEIVED [ ]INSPECTED [ ]ACCEPTED, AND CONFORMS TO THE [ ]PARTIAL [ ]FINAL
CONTRACT, EXCEPT AS NOTED
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36. PAYMENT 37. CHECK NUMBER
32b. SIGNATURE OF AUTHORIZED GOVT. 32c. DATE [ ]COMPLETE [ ]PARTIAL [ ]FINAL
REPRESENTATIVE
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
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41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
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41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE 42b. RECEIVED AT (Location)
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42c. DATE REC'D 42d. TOTAL CONTAINERS
(YY/MM/DD)
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AUTHORIZED FOR LOCATION REPRODUCTION STANDARD FORM 1449(10-95)
Presented by GSA-FAR(48CFR)53.212
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SECTION B - CONTRACT TYPE
B.1 CONTRACT TYPE
This is a FIRM FIXED PRICE CONTRACT for the requirements identified and
described in Section C - Contract Terms and Conditions.
B.2 CONTRACT PRICING
CONTRACT LINE ITEM NUMBERS (CLINs)
CLIN DESCRIPTION FIRM FIXED PRICE
---- ----------- ----------------
1001 ETA ALTERNATIVE PAYMENT METHODS
PILOT CONTRACT BASE PERIOD OR
PERFORMANCE FOR FILING SEASON 2001 $0
1002 ETA ALTERNATIVE PAYMENT METHODS
PILOT CONTRACT OPTION 1 PERIOD OF
PERFORMANCE FOR FILING SEASON 2002 $0
TOTAL CONTRACT PRICE $0
SECTION C - CONTRACT TERMS AND CONDITIONS
C.1 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL
ITEMS FAR 52.212-4 (MAR 1999)..........................Page 5
C.2 STATEMENT OF WORK - ADDENDUM TO FAR 52.212-4..............Page 9
C.2.1 INTRODUCTION......................................Page 9
C.2.2 GENERAL REQUIREMENTS..............................Page 9
C.2.3 DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR.....Page 9
C.2.4 DUTIES AND RESPONSIBILITIES OF THE GOVERNMENT.....Page 12
C.2.5 DELIVERABLES......................................Page 13
C.2.5.1 FINDINGS REPORT..........................Page 13
C.2.5.2 MARKETING REPORT........................Page 14
C.2.5.3 MONTHLY DEVELOPMENT STATUS REPORT........Page 14
C.2.5.4 DAILY AND MONTHLY PRODUCTION REPORTS.....Page 15
C.2.5.5 CHARGEBACK REPORTS.......................Page 15
C.2.6 SUCCESS DETERMINATION............................ Page 16
C.2.7 SCHEDULE OF PERFORMANCE...........................Page 17
C.2.8 PERFORMANCE REQUIREMENTS..........................Page 17
C.3 AUTHORITY - CONTRACTING OFFICER, CONTRACTING
OFFICER'S TECHNICAL REPRESENTATIVE AND
CONTRACTOR'S PROJECT MANAGER............................Page 18
C.3.1 ADMINISTRATIVE CONTRACTING OFFICER................Page 18
C.3.2 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE....Page 18
C.3.3 PROJECT MANAGER...................................Page 19
C.4 CONTRACT CORRESPONDENCE...................................Page 19
C.5 DISCLOSURE OF INFORMATION--SAFEGUARDS (IRSAP
1052.224-9000)(JAN 1998)................................Page 20
C.6 DISCLOSURE OF "OFFICIAL USE ONLY" INFORMATION
SAFEGUARDS (IRSAP 1052.224-70(d)) (DEC 1988).............Page 20
C.7 DISCLOSURE OF INFORMATION--CRIMINAL/CIVIL
SANCTIONS (IRSAP 1052.224-71(a)) (JAN 1998)............Page 20
C.8 DISCLOSURE OF INFORMATION--OFFICIAL USE
ONLY (IRSAP 1052.224-71(b)) (DEC 1988).................Page 21
C.9 DISCLOSURE OF INFORMATION--INSPECTION
(IRSAP 1052.224-72) (DEC 1988)..........................Page 22
C.10 PUBLIC RELEASE OF INFORMATION............................Page 22
C.11 IRSAP 1052.239-9002 - YEAR 2000 WARRANTY -
COMMERCIAL SUPPLY PRODUCTS.............................Page 23
C.12 ADDENDUM 1.............................................. Page 24
C.12.1 FAR CLAUSES INCORPORATED BY REFERENCE............Page 24
C.12.2 TERM OF CONTRACT.................................Page 24
C.12.3 OPTION TO EXTEND THE TERM OF THE CONTRACT........Page 24
C.13 CONTRACT TERMS AND CONDITIONS REQUIRED TO
IMPLEMENT STATUTES OR EXECUTIVE ORDERS --
COMMERCIAL ITEMS, FAR 52.212-5 (AUG1996) ..............Page 25
SECTION C - CONTRACT TERMS AND CONDITIONS
C.1 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS FAR 52.212-4
(MAY 1999)(TAILORED)
As prescribed in 12.301(b)(3), insert the following clause:
Contract Terms and Conditions--Commercial Items (May 1999)
(a) Inspection/Acceptance. The Contractor shall only tender for
acceptance those items that conform to the requirements of this contract.
The Government reserves the right to inspect or test any supplies or
services that have been tendered for acceptance. The Government may require
repair or replacement of nonconforming supplies or reperformance of
nonconforming services at no increase in contract price. The Government
must exercise its post-acceptance rights--
(1) Within a reasonable time after the defect was
discovered or should have been discovered; and
(2) Before any substantial change occurs in the condition of
the item, unless the change is due to the defect in the item.
(b) Assignment. The Contractor or its assignee's rights to be paid
amounts due as a result of performance of this contract, may be assigned to
a bank, trust company, or other financing institution, including any
Federal lending agency in accordance with the Assignment of Claims Act (31
U.S.C. 3727).
(c) Changes. Changes in the terms and conditions of this contract may
be made only by written agreement of the parties.
(d) Disputes. This contract is subject to the Contract Disputes Act
of 1978, as amended (41 U.S.C. 601-613). Failure of the parties to this
contract to reach agreement on any request for equitable adjustment, claim,
appeal or action arising under or relating to this contract shall be a
dispute to be resolved in accordance with the clause at FAR 52.233-1,
Disputes, which is incorporated herein by reference. The Contractor shall
proceed diligently with performance of this contract, pending final
resolution of any dispute arising under the contract.
(e) Definitions. The clause at FAR 52.202-1, Definitions, is
incorporated herein by reference.
(f) Excusable delays. The Contractor shall be liable for default
unless nonperformance is caused by an occurrence beyond the reasonable
control of the Contractor and without its fault or negligence such as, acts
of God or the public enemy, acts of the Government in either its sovereign
or contractual capacity, fires, floods, epidemics, quarantine restrictions,
strikes, unusually severe weather, and delays of common carriers. The
Contractor shall notify the Contracting Officer in writing as soon as it is
reasonably possible after the commencement of any excusable delay, setting
forth the full particulars in connection therewith, shall remedy such
occurrence with all reasonable dispatch, and shall promptly give written
notice to the Contracting Officer of the cessation of such occurrence.
(g) Invoice. The Contractor shall submit an original invoice and three
copies (or electronic invoice, if authorized,) to the address designated in
the contract to receive invoices. An invoice must include--
(1) Name and address of the Contractor;
(2) Invoice date;
(3) Contract number, contract line item number and, if
applicable, the order number;
(4) Description, quantity, unit of measure, unit price and
extended price of the items delivered;
(5) Shipping number and date of shipment including the bill of
lading number and weight of shipment if shipped on Government bill of
lading;
(6) Terms of any prompt payment discount offered;
(7) Name and address of official to whom payment is to be
sent; and
(8) Name, title, and phone number of person to be notified in
event of defective invoice.
Invoices will be handled in accordance with the Prompt Payment Act (31
U.S.C. 3903) and Office of Management and Budget (OMB) Circular A-125,
Prompt Payment. Contractors are encouraged to assign an identification
number to each invoice.
(h) Patent indemnity. The Contractor shall indemnify the Government
and its officers, employees and agents against liability, including costs,
for actual or alleged direct or contributory infringement of, or inducement
to infringe, any United States or foreign patent, trademark or copyright,
arising out of the performance of this contract, provided the Contractor is
reasonably notified of such claims and proceedings.
(i) Payment. Payment shall be made for items accepted by the
Government that have been delivered to the delivery destinations set forth
in this contract. The Government will make payment in accordance with the
Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget
(OMB) Circular A-125, Prompt Payment. If the Government makes payment by
Electronic Funds Transfer (EFT), see 52.212-5(b) for the appropriate EFT
clause. In connection with any discount offered for early payment, time
shall be computed from the date of the invoice. For the purpose of
computing the discount earned, payment shall be considered to have been
made on the date which appears on the payment check or the specified
payment date if an electronic funds transfer payment is made.
(j) Risk of loss. Unless the contract specifically provides
otherwise, risk of loss or damage to the supplies provided under this
contract shall remain with the Contractor until, and shall pass to the
Government upon:
(1) Delivery of the supplies to a carrier, if transportation is
f.o.b. origin; or
(2) Delivery of the supplies to the Government at the
destination specified in the contract, if transportation is f.o.b.
destination.
(k) Taxes. The contract price includes all applicable Federal, State,
and local taxes and duties.
(l) Termination for the Government's convenience. The Government
reserves the right to terminate this contract, or any part hereof, for its
sole convenience. In the event of such termination, the Contractor shall
immediately stop all work hereunder and shall immediately cause any and all
of its suppliers and subcontractors to cease work. Subject to the terms of
this contract, the Contractor shall be paid a percentage of the contract
price reflecting the percentage of the work performed prior to the notice
of termination, plus reasonable charges the Contractor can demonstrate to
the satisfaction of the Government using its standard record keeping
system, have resulted from the termination. The Contractor shall not be
required to comply with the cost accounting standards or contract cost
principles for this purpose. This paragraph does not give the Government
any right to audit the Contractor's records. The Contractor shall not be
paid for any work performed or costs incurred which reasonably could have
been avoided.
(m) Termination for cause. The Government may terminate this
contract, or any part hereof, for cause in the event of any default by the
Contractor, or if the Contractor fails to comply with any contract terms
and conditions, or fails to provide the Government, upon request, with
adequate assurances of future performance. In the event of termination for
cause, the Government shall not be liable to the Contractor for any amount
for supplies or services not accepted, and the Contractor shall be liable
to the Government for any and all rights and remedies provided by law. If
it is determined that the Government improperly terminated this contract
for default, such termination shall be deemed a termination for
convenience.
(n) Title. Unless specified elsewhere in this contract, title to
items furnished under this contract shall pass to the Government upon
acceptance, regardless of when or where the Government takes physical
possession.
(o) Warranty. The Contractor warrants and implies that the items
delivered hereunder are merchantable and fit for use for the particular
purpose described in this contract.
(p) Limitation of liability. Except as otherwise provided by an
express or implied warranty, the Contractor will not be liable to the
Government for consequential damages resulting from any defect or
deficiencies in accepted items.
(q) Other compliances. The Contractor shall comply with all
applicable Federal, State and local laws, executive orders, rules and
regulations applicable to its performance under this contract.
(r) Compliance with laws unique to Government contracts. The
Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on
the use of appropriated funds to influence certain Federal contracts; 18
U.S.C. 431 relating to officials not to benefit; 40 U.S.C. 327, et seq.,
Contract Work Hours and Safety Standards Act; 41 U.S.C. 51-58,
Anti-Kickback Act of 1986; 41 U.S.C. 265 and 10 U.S.C. 2409 relating to
whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. 423
relating to procurement integrity.
(s) Order of precedence. Any inconsistencies in this solicitation or
contract shall be resolved by giving precedence in the following order:
(1) The schedule of supplies/services.
(2) The Assignments, Disputes, Payments, Invoice, Other
Compliances, and Compliance with Laws Unique to Government Contracts
paragraphs of this clause.
(3) The clause at 52.212-5.
(4) Addenda to this solicitation or contract, including any
license agreements for computer software.
(5) Solicitation provisions if this is a solicitation.
(6) Other paragraphs of this clause.
(7) The Standard Form 1449.
(8) Other documents, exhibits, and attachments.
(9) The specification.
(End of clause)
C.2 STATEMENT OF WORK - ADDENDUM TO FAR 52.212-4
C.2.1 INTRODUCTION
With passage of the Taxpayer Relief Act of 1997, the federal
government can accept tax payments via any commercially acceptable means.
The purpose of this contract is to implement a convenient
method for taxpayers to electronically pay income taxes owed, which will
also reduce governmental costs and improve cash flow to the federal
government.
C.2.2 GENERAL REQUIREMENTS
This is a "commercial item" acquisition, as that term is
defined in the Federal Acquisition Regulations (FAR) 2.101.
The Contractor shall provide an electronic credit card
authorization system and shall conduct a program that allows taxpayers to
make federal tax payments by means of an interactive voice response (IVR)
system and Internet application, respectively, using American Express Card,
Discover Card, and MasterCard cards. The Contractor shall enable payment
with up to a sixteen digit credit card number and four or six digit
expiration date. The Contractor shall ensure that certain edits are
performed to confirm the validity of the credit card number and expiration
date. The Contractor shall provide an electronic confirmation number as
acknowledgement of the completed payment to the taxpayer.
The Contractor may charge taxpayers a traditional "merchant
fee" for the convenience of having an electronic payment authorized and
made. On average, the convenience fee, which may include the Contractor's
credit card transaction fee, shall not exceed 3% of the tax payment. The
Contractor shall collect and disburse all such fees from the cardholder and
post all charges to the cardholder's account.
C.2.3 DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
The Contractor's duties and responsibilities during the term of
this contract are to:
1. Provide individual federal taxpayers access to the credit
card transaction processing networks employed by the Contractor, beginning
on January 12, 2001 and ending on January 23, 2002, at a rate equal to or
exceeding 95% availability (total number of customers accessing the
Contractor's credit card transaction network on the first attempt/total
number of attempts).
2. Provide a system that accepts tax year 2000, 1040 balance
due payments beginning January 12, 2001 through October 15, 2001.
3. Provide a system that accepts tax year 2000, 4868 balance
due payments beginning January 12, 2001 through April 16, 2001.
4. Provide a system that accepts tax year 2001, 1040ES payments
beginning March 1, 2001 through January 23, 2002.
5. Provide documentation to the Government (with "limited
rights" as defined in the "Rights in Data" clause in Section C.12.1),
before the program commences, of the transaction processing networks
employed in the program and the networks' interfaces. Networks and
interfaces shall be included within functional schematics/specifications
describing work processes and data flow from payment initiation, and credit
authorization/denial to payment confirmation or rejection. IVR scripts and
Internet screens shall be provided to document respective front-end
systems' functionality. Configuration control and management shall be
exercised and documented as system/functionality changes occur.
6. Provide documentation to the Government (with "limited
rights" as defined in the "Rights in Data" clause in Section C.12.1),
before the program commences, of capacity analysis; a disaster recovery
plan; a security and privacy plan; an application test plan and test
reports/certification.
7. Provide necessary systems and data accesses to the
Government's representative performing independent verification and
validation testing of system's readiness (including, but not limited to,
applications testing, stress testing, vulnerability testing and security
testing).
8. Provide an accuracy rate of 99% or higher for all
transmitted transaction data as provided by the taxpayer. This includes
accuracy of electronic payment data resulting from intermediate actions
taken by the Contractor necessary for coding, applying, and transmitting
payment data.
9. Notify taxpayers of the dollar amounts of all fees to be
charged to their credit card and obtain taxpayers' acknowledgements of
charges prior to initiating credit authorizations. The Government shall be
notified of the method of obtaining taxpayers' acknowledgement before the
program commences.
10. Provide taxpayers with confirmation of payment transactions
electronically through the payment means (IVR or Internet) used to complete
the payment.
11. Provide taxpayers, upon request, with IRS general
information in an easily accessible, readable and print-ready form by way
of the Contractor's Web site.
12. Provide incident reports of any material network outages,
work stoppages, or other payment processing problems. This includes but is
not limited to systemic problems related to authorizing credit on-line and
human errors that result in duplicate payments or non-payment. The
Contractor shall inform the Contracting Officer's Technical Representative
(COTR) of all incidents within 24 hours of occurrence or awareness, and
shall provide an incident report within 5 business days. Incident reports
shall include a description of the incident, the cause, number of taxpayers
impacted, duration of the incident, and actions taken by the Contractor to
remedy the incident. The Contractor shall comply with the EFTPS Credit Card
Bulk Filer Requirements and provide all reports (EDI .X.12) as stated
therein. No additional "bulk filer" reports are required.
13. Make reasonable efforts to make any necessary modifications
to software, systems, and services in accordance with its commercial
business practices to conform to the provisions of IRS regulations
promulgated under U.S.C. 6311(d)(1). This contract is considered modified
automatically to incorporate by reference the current provisions of such
IRS regulations during the life of this contract.
14. Retain credit card authorization logs for 72 months from
the date of each transaction. The information in such logs shall include,
transaction type, date and time, card member account number and expiration
date, amount of transaction, and approval code. This requirement shall
survive the life of this contract, and the Government shall have the right
to inspect such logs upon reasonable notice to the Contractor.
15. Convert credit card transactions to ACH debit
authorizations and settle funds to the Government's designated Treasury
Financial Agent (TFA). Any adjustments necessary because of failure to
correctly verify and validate credit information shall be the
responsibility of the Contractor. The TFA shall initiate one bulk daily
debit to the account established for this purpose.
16. Settle all credit card payment transactions in accordance
with the following standard timeframes for settlement for each credit card
as stated in the applicable merchant agreement: MasterCard funds will be
deposited on the 2nd business day after the date of authorization of the
transaction. American Express and DiscoverCard funds shall be deposited on
the 3rd business day after the date of authorization of the transaction.
Any funds held overnight from one business day to the next business day
shall be subject to U.S. Treasury penalties and interest. Provide settled
credit card payments where the authorization date is less than 11 days
prior to the settlement date. American Express and DiscoverCard payments
shall be forwarded to the TFA one business day prior to settlement.
17. Forward settlement files to the TFA one business day prior to
funds settlement.
18. Provide only guaranteed payments to the Government for taxes
owed.
19. Maintain the confidentiality of any information relating to
credit card transactions with absolutely no disclosure or use except to the
extent authorized by written procedures promulgated by the IRS pursuant to
25 U.S.C. 6311(e)(3).
20. Maintain the confidentiality of any information relating to
Federal/State credit card payments completed in a single transaction. This
includes absolutely no disclosure or use of information collected during
this transaction for any purpose other than processing the transaction to
the U.S. Treasury or appropriate State. Information collected during this
transaction shall not be disclosed or used for any purpose prohibited by
Section 6311 of the Internal Revenue Code.
21. Pay all credit card discount fees and other transaction fees.
22. Provide a merchant descriptor on the taxpayer's credit card
statement indicating the tax payment amount as a unique line item entitled
"U S Treasury Tax Payment."
23. Provide a merchant descriptor on the taxpayer's credit card
statement indicating the convenience fee amount as a unique line item.
24. Provide Marketing Plan and deliverables that support and
facilitate public awareness of IRS e-file and electronic payments. This
shall include (1) IRS e-file key messages and/or logo; (2) measures for
success; (3) method for tracking the number of unique taxpayers that pay
electronically as a result of deliverables, and (4) marketing reports (as
described in Section C.2.5.2). Also, refer to C.10 regarding public release
of information.
C.2.4 DUTIES AND RESPONSIBILITIES OF THE GOVERNMENT
The Government's, that is, the Internal Revenue Service's, duties and
responsibilities during the term of this contract are to:
1. Provide electronic record specifications necessary for funds
settlement and posting of tax data related to the credit card payments.
2. Provide no consideration to the Contractor for credit card
related transactions.
3. Designate Treasury Financial Agent(s) to act on the
Government's behalf for settlement of funds in payment of individual taxes
owed. The TFA(s) will have no authority to access accounts, use
information, or place requirements on any person or organization to use the
taxpayer's credit card to collect any amount beyond what has been
authorized by the taxpayer.
4. Provide an electronic copy of General Information for
Taxpayers which is required to be made available to taxpayers via electronic
means.
5. Provide required reporting formats.
6. Process chargeback actions in accordance with its written
procedures. This shall include reimbursing the Contractor for unauthorized
charges that are substantiated by the cardholder and approved by the
Contractor's duly authorized management representative. The Contractor must
have completed and delivered the appropriate IRS chargeback form and
supporting documentation to the IRS as described in IRS chargeback
procedures. Such chargeback requests shall be processed based on the
Contractor's determination of the appropriateness of this action as
signified by its authorized claimant's signature.
7. Provide a hyperlink from the IRS Digital Daily Web Site to
the Contractor's Web Site.
C.2.5 DELIVERABLES
The Contractor shall submit the following deliverables in
accordance with the schedule outlined in Section C.2.7.
C.2.5.1 FINDINGS REPORT
The Contractor shall provide an initial and supplemental
findings report. A copy of the report shall be provided to the IRS
Contracting Officer (CO)(one copy), the Contracting Officer's Technical
Representative (COTR) (one copy), and the IRS Program Manager (three
copies). The report shall describe:
1. the program features,
2. the conduct and findings of the program as they relate to the
Contractor's and any subcontractor's performance (including a summary of all
payment transactions, any problems, changes made during the filing season and
lessons learned)
3. recommendations for improvement including changes to the
Contractor's and/or IRS processes, and
4. practitioner and/or client feedback including customer
satisfaction survey results.
The initial report will include activity occurring between January and
April. The supplemental report will include a summary of the initial
report's findings and activity from May through October.
C.2.5.2 MARKETING REPORTS
The Contractor shall provide an initial and supplemental
marketing report in conjunction with the Findings Reports described above.
The reports shall contain a narrative description of (1) accomplishments;
(2) the number of unique visits to and from the Contractor's Web site by
way of a hyperlink established with the IRS; (3) measurement of success
(for example, number of unique taxpayers that electronically pay as a
result of the marketing campaign); and (4) difficulties/ barriers. The
initial report shall include activity occurring between January and April
2001. The supplemental report shall include a summary of the initial report
findings and marketing activity from May through October 2001. These
reports are subject to inspection, verification and approval by the IRS.
C.2.5.3 MONTHLY DEVELOPMENT STATUS REPORTS
The Contractor shall provide monthly status reports on the 10th
day of each month through the implementation date of the program. The
report shall cover the overall progress of the program's development.
Copies of the report shall be provided to the IRS Contracting Officer (CO)
(one copy) and the Contracting Officer's Technical Representative (COTR)
(one copy) and the IRS Program Manager (one copy). The report shall contain
the following information:
1. date of report,
2. project manager name,
3. project manager telephone number, fax number and e-mail
address,
4. a brief description of the work accomplished, emphasizing the
progress made since the last reporting period,
5. a description of any unresolved and/or anticipated problems,
if any (include schedule impacts),
6. an estimate of the percent of work accomplished to date; and
a statement on the status of the program as it relates to the work
breakdown schedule, either confirming that the task is on schedule or
explaining the nature and extent of the pending delay.
C.2.5.4 DAILY AND MONTHLY PRODUCTION REPORTS
The Contractor shall provide daily and cumulative monthly
transaction reports. The reports shall cover the post-implementation
progress of the program. Daily reports shall be provided no later than 9:00
am Eastern Time and should include all prior day transactions and
cumulative volumes. Monthly reports shall be provided by the 10th day of
each month and include all prior month transactions and reconcile any
adjustments made during that month. Copies of the reports shall be provided
to the IRS Contracting Officer (CO)(one copy), the Contracting Officer's
Technical Representative (COTR) (one copy) and the Program Manager (one
copy) or his/her designee. The report shall contain the following
information:
1. date of report,
2. period covered,
3. total number of transactions,
4. dollar amount of transactions,
5. total number of successful attempts,
6. dollar amount of successful attempts,
7. average payment amount,
8. total number of failed attempts,
9. dollar amount of failed attempts,
10. reasons for failed attempts, and
11. customer service activity.
Aggregate and cumulative payment volumes as well as counts by payment type
shall be provided daily. A report of the number of rejected entities shall
also be provided daily.
12. report of 4868 payment entities (primary and secondary) for
those taxpayers who indicate a supplemental filing (Form 709) is needed.
C.2.5.5 CHARGEBACK REPORTS
The Contractor shall provide weekly reports of all chargeback
actions identifying the transaction date, dollar amount, action request
date, and reason for action. These actions shall be in conformance with
chargeback procedures issued by the IRS and meet the definition of
chargebacks provided by the Contractor and agreed to by the IRS. These
reports shall be delivered to the designated IRS point of contact by close
of business each Friday.
C.2.6 SUCCESS DETERMINATION
The Contractor shall provide a satisfaction survey for a select
number of taxpayers participating in the program. Non-users may also be
surveyed to determine reasons for non-use and ways to attract additional
users. The Contractor will provide this data in their Findings Report (see
C.2.5.1).
Based on the results of the Year 2001 program and/or findings
obtained in the Contractor's survey(s), any survey conducted by the
Government and the Contractor's Findings Report, the IRS will (1) determine
whether it will exercise an option year to extend the term of the Contract
(see C.12.3) and have the Contractor conduct the program for the subsequent
tax filing season and (2) negotiate any changes for this option year.
C.2.7 SCHEDULE OF PERFORMANCE
-----------------------------------------------------------------------------------------------
RESPONSIBLE
PARTY EVENT DATE
-----------------------------------------------------------------------------------------------
IRS Provide Report Formats March 24, 2000
-----------------------------------------------------------------------------------------------
Contractor Provide draft project schedule (including requirements, April 19, 2000
development, testing and implementation phases)ect
schedule (including requirements, development, testing
and implementation phases)
-----------------------------------------------------------------------------------------------
IRS Provide comments on draft Project Schedule May 2, 2000
-----------------------------------------------------------------------------------------------
Contractor Provide baselined project schedule June 5, 2000
-----------------------------------------------------------------------------------------------
Contractor Provide marketing plan July 31, 2000
-----------------------------------------------------------------------------------------------
IRS Provide comments on marketing plan August 24, 2000
-----------------------------------------------------------------------------------------------
IRS Provide General Information for Taxpayers September 29, 2000
-----------------------------------------------------------------------------------------------
Contractor Obtain signed contracts with other participating credit September, 29, 2000
card companies, if applicable
-----------------------------------------------------------------------------------------------
IRS Provide revised chargeback procedures October 23, 2000
-----------------------------------------------------------------------------------------------
Contractor Begin internal feature testing August 1, 2000
-----------------------------------------------------------------------------------------------
Contractor Obtain bulk filer certification November 15, 2000
-----------------------------------------------------------------------------------------------
Contractor Complete internal feature testing December 1, 2000
-----------------------------------------------------------------------------------------------
Contractor Complete full circle integrated test with IRS/TFA December 15, 2000
-----------------------------------------------------------------------------------------------
Contractor Begin Program (1040 and 4868 payment option January 12, 2001
-----------------------------------------------------------------------------------------------
IRS Provide hyperlink from the Digital Daily January 12, 2001
Contractor's Web page (which includes 2001 updates)
-----------------------------------------------------------------------------------------------
Contractor Begin 1040ES payment options March 1, 2001
-----------------------------------------------------------------------------------------------
Contractor End 4868 payment option April 16, 2001
-----------------------------------------------------------------------------------------------
Contractor Deliver Initial Findings Report June 30, 2001
-----------------------------------------------------------------------------------------------
IRS Exercise Option Year Decision July 1, 2001
-----------------------------------------------------------------------------------------------
Contractor End 1040 payment option October 15, 2001
-----------------------------------------------------------------------------------------------
Contractor Deliver Supplemental Findings Report November 16, 2001
-----------------------------------------------------------------------------------------------
Contractor End 1040 ES payment option January 23, 2002
-----------------------------------------------------------------------------------------------
C.2.8 PERFORMANCE REQUIREMENTS
1. The required data fields for each tax payment include: (1)
The primary taxpayer's identification number [(first social security number
as shown on the tax return for the year for which the payment applies) and
secondary SSN if the tax type is 4868 and the taxpayer indicates a
supplemental filing is needed]; (2) The first four characters of the last
name of the primary taxpayer; (3) The payment type; (4) The tax period (six
character date field); (5) The payment amount; (6) The payment or credit
authorization date; (7) Daytime telephone number; (8) Unique identification
number (such as confirmation number); and (9) Bank account number, if
applicable.
3. The Contractor shall comply with the Electronic Federal Tax
Payment System (EFTPS) Credit Card Bulk filer Requirements dated May 17,
1999 and Payment by Credit card and Debit Card Temporary Regulations,
Section 6311 of the Internal Revenue Code (IRC) and any subsequent updates
and revisions.
C.3 AUTHORITY - CONTRACTING OFFICER, CONTRACTING OFFICER'S
TECHNICAL REPRESENTATIVE AND CONTRACTOR'S PROJECT MANAGER
C.3.1 ADMINISTRATIVE CONTRACTING OFFICER
The IRS Contracting Officer designated for administering this
contract is:
Carol Ransom
VOICE: (202) 283-1163
FAX: (202) 283-1099
email: carol.a.ransom@m1.irs.gov
The Contracting Officer, in accordance with Subpart 1.6 of the
Federal Acquisition Regulation, is the only person authorized to make or
approve any changes in any of the requirements of this contract, and
notwithstanding any clauses contained elsewhere in this contract, the said
authority remains solely with the Contracting Officer. In the event the
Contractor makes any changes at the direction of any person other than the
Contracting Officer, the change will be considered to have been made
without authority and not binding on the Government.
C.3.2 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE
The Contracting Officer's Technical Representative (COTR)
designated for this contract is:
Linda Rickard
VOICE: (202) 283-6852
FAX: (202) 283-4786
email: linda.rickard@irs.gov
The COTR will represent the Contracting Officer in the
administration of technical details within the scope of this contract. The
COTR is also responsible for the final inspection and acceptance of all
reports, and such other responsibilities as may be specified in the
contract. The COTR is not otherwise authorized to make any representations
or commitments of any kind on behalf of the Contracting Officer or the
Government.
The COTR does not have authority to alter the Contractor's
obligations or to change the contract specifications, price, terms or
conditions. If, as a result of technical discussions, it is desirable to
modify contract obligations or the statement of work, changes will be
issued in writing and signed by the Contracting Officer.
The COTR assignment for this contract may be changed at any
time by the Government without prior notice to the Contractor. The
Contractor will be notified of the change.
C.3.3 PROJECT MANAGER
The Contractor's designated Project Manager for this contract
is:
Steven R. Johnson
VOICE: 925-855-5040
FAX: 925-820-0571
Email: sjohnson@officialpayments.com
The Contractor shall provide a Project Manager for this
contract who shall have the authority to make any no-cost contract,
technical, hiring and dismissal decisions, or special arrangements
regarding this contract. The Project Manager shall be responsible for the
overall management and coordination of this contract and shall act as the
central point of contact with the Government. The Project Manager shall
have full authority to act for the Contractor in the performance of the
required services. The Project Manager, or a designated representative,
shall meet with the COTR to discuss problem areas as they occur. The
Project Manager, or designated representative, shall respond within four
work hours after notification of the existence of a problem. The Project
Manager shall be able to fluently read, write, and speak the English
language.
C.4 CONTRACT CORRESPONDENCE
Notwithstanding the Contractor's responsibility for total
management during the performance of this contract, the administration of
the contract will require maximum coordination between the Government and
the Contractor. To promote timely and effective administration, all
correspondence pertaining to contractual or administrative matters under
the contract shall be addressed to the assigned Administrative Contracting
Officer.
C.5 DISCLOSURE OF INFORMATION-SAFEGUARDS (IRSAP 1052.224-
9000a) (JANUARY 1998)
In performance of this contract, the contractor agrees to
comply and assume responsibility for compliance by his/her employees with
the following requirements:
(1) All work shall be performed under the supervision of the
contractor or the contractor's responsible employees.
(2) Any return or return information made available shall be
used only for the purpose of carrying out the provisions of this
contract. Information contained in such material shall be treated as
confidential and shall not be divulged or made known in any manner to
any person except as may be necessary in the performance of the
contract. Inspection by or disclosure to anyone other than an officer
or employee of the contractor shall require prior written approval of
the Internal Revenue Service. Requests to make such inspections or
disclosures should be addressed to the IRS Contracting Officer
(3) Should a person (contractor or subcontractor) or one of
his/her employees make any unauthorized inspection(s) or
disclosure(s) of confidential tax information, the terms of the
Default clause (FAR 52.2498), incorporated herein by reference, may
be invoked, and the person (contractor or subcontractor) will be
considered to be in breach of this contract.
C.6 DISCLOSURE OF "OFFICIAL USE ONLY " INFORMATION
SAFEGUARDS (IRSAP 1052.224-9000d) (DECEMBER 1988)
Any Treasury Department Information made available or to which access is
provided, and which is marked or should be marked "Official Use Only",
shall be used only for the purpose of carrying out the provisions of this
contract and shall not be divulged or made known in any manner to any
person except as may be necessary in the performance of the contract.
Disclosure to anyone other than an officer or employee of the contractor or
subcontractor at any tier shall require prior written approval of the IRS.
Requests to make such disclosure should be addressed to the IRS Contracting
Officer.
C.7 DISCLOSURE OF INFORMATION--CRIMINAL/CIVIL SANCTIONS
(IRSAP 1052.224-9001a) (JANUARY 1998)
(1) Each officer or employee of any person (contractor or
subcontractor) at any tier to whom returns or return information is
or may be disclosed shall be notified in writing by the person
(contractor or subcontractor) that returns or return information
disclosed to such officer or employee can be used only for a purpose
and to the extent authorized herein, and that further disclosure of
any such returns or return information for a purpose or to an extent
unauthorized herein constitutes a felony punishable upon conviction
by a fine of as much as $5,000 or imprisonment for as long as five
years, or both, together with the costs of prosecution. Such person
(contractor or subcontractor) shall also notify each such officer and
employee that any such unauthorized future disclosure of returns or
return information may also result in an award of civil damages
against the officer or employee in an amount not less than $1,000
with respect to each instance of unauthorized disclosure plus in the
case of willful disclosure or a disclosure which is the result of
gross negligence, punitive damages, plus the cost of the action.
These penalties are prescribed by IRC Sections 7213 and 7431 and set
forth at 26 CFR 301.6103(n).
(2) Each officer or employee of any person (contractor or
subcontractor) to whom returns or return information is or may be
disclosed shall be notified in writing by such person that any return
or return information made available in any format shall be used only
for the purpose of carrying out the provisions of this contract and
that inspection of any such returns or return information for a
purpose or to an extent not authorized herein constitutes a criminal
misdemeanor punishable upon conviction by a fine of as much as
$1,000.00 or imprisonment for as long as 1 year, or both, together
with the costs of prosecution. Such person (contractor or
subcontractor) shall also notify each such officer and employee that
any such unauthorized inspection of returns or return information may
also result in an award of civil damages against the officer or
employee in an amount equal to the sum of the greater of $1,000.00
for each act of unauthorized inspection with respect to which such
defendant is found liable or the sum of the actual damages sustained
by the plaintiff as a result of such unauthorized inspection plus in
the case of a willful inspection or an inspection which is the result
of gross negligence, punitive damages, plus the costs of the action.
The penalties are prescribed by IRC Sections 7213A and 7431.
(3) Additionally, it is incumbent upon the contractor to inform
its officers and employees of the penalties for improper disclosure
imposed by the Privacy Act of 1974, 5 U.S.C. 552a. Specifically, 5
U.S.C. 552a(I)(1), which is made applicable to contractors by 5
U.S.C. 552a(m)(1), provides that any officer or employee of a
contractor, who by virtue of his/her employment or official position,
has possession of or access to agency records which contain
individually identifiable information, the disclosure of which is
prohibited by the Privacy Act or regulations established thereunder,
and who knowing that disclosure of the specific material is so
prohibited, willfully discloses the material in any manner to any
person or agency not entitled to receive it, shall be guilty of a
misdemeanor and fined not more than $5,000.
C.8 DISCLOSURE OF INFORMATION-OFFICIAL USE ONLY (IRSAP
1052.224-9001b) (DECEMBER 1988)
Each officer or employee of the contractor or subcontractor at
any tier to whom "Official Use Only" information may be made available or
disclosed shall be notified in writing by the contractor that "Official Use
Only" information disclosed to such officer or employee can be used only
for a purpose and to the extent authorized herein, and that further
disclosure of any such "Official Use Only" information, by any means, for a
purpose or to an extent unauthorized herein, may subject the offender to
criminal sanctions imposed by 18 U.S.C. Sections 641and 3571. Section 641
of 18 U.S.C. provides, in pertinent part, that whoever knowingly converts
to his use or the use of another, or without authority sells, conveys, or
disposes of any record of the United States or whoever receives the same
with the intent to convert it to his use or gain, knowing it to have been
converted, shall be quilt y of a crime punishable by a fine or imprisoned
up to ten years or both.
C.9 DISCLOSURE OF INFORMATION-INSPECTION (IRSAP 1052.224-9002)
(DECEMBER 1988)
The Internal Revenue Service shall have the right to send its
officers and employees into the offices and plants of the contractor for
inspection of the facilities and operations provided for the performance of
any work under this contract. On the basis of such inspection, the
Contracting Officer may require specific measures in cases where the
contractor is found to be noncompliant with contract safeguards.
C.10 PUBLIC RELEASE OF INFORMATION
1. The Contractor shall obtain the written permission of the
IRS Program Manager or COTR before releasing or using any information
regarding work on the contract. Information including, but not limited to,
advertisements, unclassified speeches, articles, press releases,
presentations, displays or demonstrations developed or proposed for release
to the public must be submitted in their entirety to the Contracting
Officer. The Contractor shall request, in writing, permission to release
information describing the scope of the information to be released and the
purpose for its release. This clause does not affect the Contractor's
rights with regard to patents, which are governed by the patent clauses of
this contract.
2. In the event of a termination for the convenience of the
Government, the Government shall be responsible for press releases, jointly
prepared with the Contractor, declaring the termination of the program by
the Government. The Government shall consider the contractor's reasonable
request for the news media to receive such releases. The Government shall
also consider the contractor's reasonable request that it not issue a
public release or public announcement of the termination of the contract
for the Government's convenience.
C.11 IRSAP 1052.239-9002-YEAR 2000 WARRANTY-COMMERCIAL
SUPPLY PRODUCTS (JULY 1997)
1. The contractor warrants that each hardware, software, and
firmware product provided under this contract and described in (2) and (3)
below shall be able to accurately process date data (including, but not
limited to, calculating, comparing and sequencing) from, into, and between
the twentieth and twenty-first centuries, including leap year calculations,
when used in accordance with the product documentation provided by the
contractor, provided that all listed or unlisted products (e.g. hardware,
software, firmware) used in combination with such listed product properly
exchange date data with it. If the contract requires that specific listed
products must perform as a system in accordance with the foregoing
warranty, then that warranty shall apply to those listed products as a
system. The duration of this warranty and the remedies available to the
Government for breach of this warranty shall be as defined in, and subject
to, the terms and limitations of the contractor's standard commercial
warranty or warranties contained in this contract, provided that
notwithstanding any provision to the contrary in such commercial warranty
or warranties, the remedies available to the Government under this warranty
shall include repair or replacement of any listed product whose
non-compliance is discovered and made known to the contractor in writing
within the time period consistent with this contract's Inspection clause.
Nothing in this warranty shall be construed to limit any rights or remedies
the Government may otherwise have under this contract with respect to
defects other than Year 2000 performance.
C.12 ADDENDUM 1
C.12.1 FAR CLAUSES INCORPORATED BY REFERENCE
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
As prescribed in 52.107(b), insert the following clause:
Clauses Incorporated By Reference (Feb 1998)
This contract incorporates one or more clauses by reference,
with the same force and effect as if they were given in full text. Upon
request, the Contracting Officer will make their full text available. Also,
the full text of a clause may be accessed electronically at this/these
address(es): http://www.arnet.gov
FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1) CLAUSES
INCORPORATED BY REFERENCE
NUMBER TITLE DATE
52.203-3 GRATUITIES APR 1984
52.209-6 PROTECTING THE JUL 1995
GOVERNMENT'S INTEREST
WHEN SUBCONTRACTING WITH
CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR
DEBARMENT
52.227-14 RIGHTS IN DATA - GENERAL JUN 1987
(ALT III & IV)
C.12.2 TERM OF CONTRACT
The term of this contract is from the date of award through the end
of month twelve with an option to extend for an additional twelve months
period.
C.12.3 Option to Extend the Term of the Contract 52.217-9 (Nov 1999)
(a) he Government may extend the term of this contract by written
notice to the Contractor within 15 calendar days, provided that the
Government gives the Contractor a preliminary written notice of its intent
to extend at least 60 days before the contract expires. The preliminary
notice does not commit the Government to an extension.
(b) If the Government exercises this option, the extended contract
shall be considered to include this option provision.
(c) The total duration of this contract, including the exercise of
any options under this clause, shall not exceed 24 months.
C.13 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT
STATUTES OR EXECUTIVE ORDERS -- COMMERCIAL ITEMS, FAR
52.212-5 (MAY 1999)
(a) The Contractor agrees to comply with the following 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) 52.222-3, Convict Labor (E.O. 11755); and
(2) 52.233-3, Protest after Award (31 U.S.C 3553).
(b) The Contractor agrees to comply with the FAR clauses in this
paragraph (b) which 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 or
components:
_X_ (1) 52.203-6, Restrictions on Subcontractor Sales to the
Government, with Alternate I (41 U.S.C. 253g and 10 U.S.C.
2402).
___ (2) 52.219-3, Notice of Total HUBZone Small Business Set-Aside
(Jan 1999).
___ (3) 52.219-4, Notice of Price Evaluation Preference for HUBZone
Small Business Concerns (Jan 1999) (if the offeror elects
to waive the preference, it shall so indicate in its
offer).
___ (4)(i) 52.219-5, Very Small Business Set-Aside (Pub. L. 103-403,
section 304, Small Business Reauthorization and Amendments
Act of 1994). ___ (ii) Alternate I to 52.219-5. ___ (iii)
Alternate II to 52.219-5.
_X_ (5) 52.219-8, Utilization of Small Business Concerns (15 U.S.C.
637 (d)(2) and (3)).
___ (6) 52.219-9, Small Business Subcontracting Plan (15 U.S.C.
637(d)(4)).
___ (7) 52.219-14, Limitations on Subcontracting (15 U.S.C.
637(a)(14)).
___ (8)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (Pub. L. 103-355, section
7102, and 10 U.S.C. 2323) (if the offeror elects to waive
the adjustment, it shall so indicate in its offer). (ii)___
Alternate I of 52.219-23.
___ (9) 52.219-25, Small Disadvantaged Business Participation
Program-- Disadvantaged Status and Reporting (Pub. L.
103-355, section 7102, and 10 U.S.C. 2323).
___ (10) 52.219-26, Small Disadvantaged Business Participation
Program-- Incentive Subcontracting (Pub. L. 103-355,
section 7102, and 10 U.S.C. 2323).
_X_ (11) 52.222-21, Prohibition of Segregated Facilities (Feb 1999)
_X_ (12) 52.222-26, Equal Opportunity (E.O. 11246).
_X_ (13) 52.222-35, Affirmative Action for Disabled Veterans and
Veterans of the Vietnam Era (38 U.S.C. 4212).
_X_ (14) 52.222-36, Affirmative Action for Workers with Disabilities
(29 U.S.C. 793).
_X_ (15) 52.222-37, Employment Reports on Disabled Veterans and
Veterans of the Vietnam Era (38 U.S.C. 4212).
___ (16) 52.225-3, Buy American Act--Supplies (41 U.S.C. 10).
___ (17) 52.225-9, Buy American Act--Trade Agreements Act--Balance
of Payments Program (41 U.S.C. 10, 19 U.S.C. 2501-2582).
___ (18) [Reserved]
___ (19) 52.225-18, European Union Sanction for End Products (E.O.
12849).
___ (20) 52.225-19, European Union Sanction for Services (E.O. 12849).
___ (21)(i) 52.225-21, Buy American Act--North American Free Trade
Agreement Implementation Act--Balance of Payments Program
(41 U.S.C. 10, Pub. L. 103-187). ___ (ii) Alternate I of
52.225-21.
___ (22) 52.232-33, Payment by Electronic Funds Transfer--Central
Contractor Registration (31 U.S.C. 3332).
___ (23) 52.232-34, Payment by Electronic Funds Transfer--Other than
Central Contractor Registration (31 U.S.C. 3332).
___ (24) 52.232-36, Payment by Third Party (31 U.S.C. 3332).
_X_ (25) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).
___ (26) 52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (46 U.S.C. 1241).
(c) The Contractor agrees to comply with the FAR clauses in this
paragraph (c), applicable to commercial services, which 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 or components:
[Contracting Officer check as appropriate.]
___ (1) 52.222-41, Service Contract Act of 1965, As Amended (41
U.S.C. 351, et seq.).
___ (2) 52.222-42, Statement of Equivalent Rates for Federal Hires
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (3) 52.222-43, Fair Labor Standards Act and Service Contract
Act--Price Adjustment (Multiple Year and Option Contracts)
(29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
___ (4) 52.222-44, Fair Labor Standards Act and Service Contract
Act--Price Adjustment (29 U.S.C. 206 and 41 U.S.C. 351, et
seq.).
___ (5) 52.222-47, SCA Minimum Wages and Fringe Benefits Applicable
to Successor Contract Pursuant to Predecessor Contractor
Collective Bargaining Agreement (CBA) (41 U.S.C. 351, et
seq.).
(d) Comptroller General Examination of Record. The Contractor agrees
to comply with the provisions of this paragraph (d) if this contract was
awarded using other than sealed bid, is in excess of the simplified
acquisition threshold, and does not contain the clause at 52.215-2, Audit
and Records--Negotiation.
(1) The Comptroller General of the United States, or an
authorized representative of the Comptroller General, shall have
access to and right to examine any of the Contractor's directly
pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all
reasonable times the records, materials, and other evidence for
examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in
FAR Subpart 4.7, Contractor Records Retention, of the other clauses
of this contract. If this contract is completely or partially
terminated, the records relating to the work terminated shall be made
available for 3 years after any resulting final termination
settlement. Records relating to appeals under the disputes clause or
to litigation or the settlement of claims arising under or relating
to this contract shall be made available until such appeals,
litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents,
accounting procedures and practices, and other data, regardless of
type and regardless of form. This does not require the Contractor to
create or maintain any record that the Contractor does not maintain
in the ordinary course of business or pursuant to a provision of law.
(e) Notwithstanding the requirements of the clauses in paragraphs
(a), (b), (c) or (d) of this clause, the Contractor is not required to
include any FAR clause, other than those listed below (and as may be
required by an addenda to this paragraph to establish the reasonableness of
prices under Part 15), in a subcontract for commercial items or commercial
components--
(1) 52.222-26, Equal Opportunity (E.O. 11246);
(2) 52.222-35, Affirmative Action for Disabled Veterans
and Veterans of the Vietnam Era (38 U.S.C. 4212);
(3) 52.222-36, Affirmative Action for Workers with
Disabilities (29 U.S.C. 793); and
(4) 52.247-64, Preference for Privately-Owned U.S. Flag
Commercial Vessels (46 U.S.C. 1241) (flow down not required for
subcontracts awarded beginning May 1, 1996).
(End of clause)