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 39
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30
2. CONTRACT NO. 3. AWARDS/EFFECTIVE 4. ORDER NUMBER 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE
TIRNO-02-C-00022 DATE DATE 8/24/2001
7. FOR SOLICITATION a. NAME b. TELEPHONE NUMBER (No collect 8. OFFER DUE DATE/
INFORMATION CALL: Alycia Dougans Taylor calls) 202-283-1317 LOCAL TIME
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9. ISSUED BY CODE irs0088 10. THIS ACQUISITION IS 11. DELIVERY FOR 12. DISCOUNT TERMS
FOB DESTINATION
INTERNAL REVENUE SERVICE [X]UNRESTRIC1ED UNLESS BLOCK IS
IRS PROCUREMENT Suite 500 [ ]SET ASIDE: % FOR MARKED
6009 OXON HILL ROAD [ ]SMALL BUSINESS [ ]SEE SCHEDULE
OXON HILL, MD 20745 [ ]SMALL DISAV. BUSINESS ------------------------------------------------
[ ]8(A) [ ] 13a. THIS CONTRACT IS A RATED
SIC: ORDER UNDER DPAS (15 CFR 700)
SIZE STANDARD: 18.0 ------------------------------------------------
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
IRS, OP: ETA:E INTERNAL REVENUE SERVICE
Attn: Linda Rickard, C4-332 NCFB IRS PROCUREMENT Suite 500
5000 Ellin Road 6009 OXON HILL ROAD
Lanham, MD 20706 OXON HILL, MD 20745
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17a. CONTRACTOR/ CODE FACILITY 18a. PAYMENT WILL BE MADE BY CODE INV0830
OFFEROR code
OFFICIAL PAYMENTS CORPORATION IRS Beckley Finance Center
Steve R. Johnson PO BOX 9002
2333 SAN RAMON VALLEY BLVD. #450 TELEPHONE # (304) 256-6000
SAN RAMON, CA 94553 BECKLEY, WV 25802
TELEPHONE NO. (925) 855-5040
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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 Section B
(Attach Additional Sheets as Necessary)
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25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
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. [X]ARE [ ]ARE NOT ATTACHED
[ ]27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4,
FAR IS ATTACHED, ADDENDA [ ]ARE [ ]ARE NOT ATTACHED
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28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 5 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
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30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA(SIGNATURE OF CONTRACTING
OFFICER)
/s/ THOMAS R. EVANS /s/ Alycia Dougans Taylor
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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 4/15/02 Alycia Dougans Taylor (202)283-1317 4/30/02
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 SEE REVERSE FOR OMB STANDARD FORM 1449(10-95)
CONTROL NUMBER AND
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TIRNO-02-C-00022
2
SECTION B - CONTRACT PRICING
B.1 CONTRACT TYPE
This is a FIRM FIXED PRICE CONTRACT for the requirements described in Section
C.
B.2 CONTRACT PRICING
B.2.1 BASE PERIOD
CLIN DESCRIPTION PRICE
0001 Electronic Payments $0
0002 Transaction Processing Network Documentation $0
0003 Capacity Analysis $0
0004 Computer Security Plan/Guide $0
0005 Configuration Management Plan $0
0006 Risk Assessment Plan $0
0007 Disaster Recovery Plan $0
0008 Network Design and Architecture Schematic $0
0009 Test Plans and Test Reports $0
0010 Functional Requirements/User Interface Documentation $0
0011 Scripts, User Interface Screens
and General User Information Materials $0
0012 Process and Data Flow Schematic $0
0013 System Administrator Manual $0
0014 Work Breakdown Structure/Schedule $0
0015 Monthly Development Status Reports $0
0016 Daily Transaction Reports $0
0017 Monthly Transaction Reports $0
0018 Chargeback Reports $0
0019 Ad Hoc Reports $0
0020 Incident Reports $0
0021 Findings Reports $0
0022 Marketing Reports $0
TOTAL FIRM FIXED PRICE $0
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B.2.2 OPTION 1
CLIN DESCRIPTION PRICE
1001 Electronic Payments $0
1002 Transaction Processing Network Documentation $0
1003 Capacity Analysis $0
1004 Computer Security Plan/Guide $0
1005 Configuration Management Plan $0
1006 Risk Assessment Plan $0
1007 Disaster Recovery Plan $0
1008 Network Design and Architecture Schematic $0
1009 Test Plans and Test Reports $0
1010 Functional Requirements/User Interface Documentation $0
1011 Scripts, User Interface Screens
and General User Information Materials $0
1012 Process and Data Flow Schematic $0
1013 System Administrator Manual $0
1014 Work Breakdown Structure/Schedule $0
1015 Monthly Development Status Reports $0
1016 Daily Transaction Reports $0
1017 Monthly Transaction Reports $0
1018 Chargeback Reports $0
1019 Ad Hoc Reports $0
1020 Incident Reports $0
1021 Findings Reports $0
1022 Marketing Reports $0
TOTAL FIRM FIXED PRICE $0
B.2.3 OPTION 2
CLIN DESCRIPTION PRICE
2001 Electronic Payments $0
2002 Transaction Processing Network Documentation $0
2003 Capacity Analysis $0
2004 Computer Security Plan/Guide $0
2005 Configuration Management Plan $0
2006 Risk Assessment Plan $0
2007 Disaster Recovery Plan $0
2008 Network Design and Architecture Schematic $0
2009 Test Plans and Test Reports $0
2010 Functional Requirements/User Interface Documentation $0
2011 Scripts, User Interface Screens
and General User Information Materials $0
2012 Process and Data Flow Schematic $0
2013 System Administrator Manual $0
2014 Work Breakdown Structure/Schedule $0
2015 Monthly Development Status Reports $0
2016 Daily Transaction Reports $0
2017 Monthly Transaction Reports $0
2018 Chargeback Reports $0
2019 Ad Hoc Reports $0
2020 Incident Reports $0
2021 Findings Reports $0
2022 Marketing Reports $0
TOTAL FIRM FIXED PRICE $0
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B.2.4 OPTION 3
CLIN DESCRIPTION PRICE
3001 Electronic Payments $0
3002 Transaction Processing Network Documentation $0
3003 Capacity Analysis $0
3004 Computer Security Plan/Guide $0
3005 Configuration Management Plan $0
3006 Risk Assessment Plan $0
3007 Disaster Recovery Plan $0
3008 Network Design and Architecture Schematic $0
3009 Test Plans and Test Reports $0
3010 Functional Requirements/User Interface Documentation $0
3011 Scripts, User Interface Screens
and General User Information Materials $0
3012 Process and Data Flow Schematic $0
3013 System Administrator Manual $0
3014 Work Breakdown Structure/Schedule $0
3015 Monthly Development Status Reports $0
3016 Daily Transaction Reports $0
3017 Monthly Transaction Reports $0
3018 Chargeback Reports $0
3019 Ad Hoc Reports $0
3020 Incident Reports $0
3021 Findings Reports $0
3022 Marketing Reports $0
TOTAL FIRM FIXED PRICE $0
--
B.2.5 OPTION 4
CLIN DESCRIPTION PRICE
4001 Electronic Payments $0
4002 Transaction Processing Network Documentation $0
4003 Capacity Analysis $0
4004 Computer Security Plan/Guide $0
4005 Configuration Management Plan $0
4006 Risk Assessment Plan $0
4007 Disaster Recovery Plan $0
4008 Network Design and Architecture Schematic $0
4009 Test Plans and Test Reports $0
4010 Functional Requirements/User Interface Documentation $0
4011 Scripts, User Interface Screens
and General User Information Materials $0
4012 Process and Data Flow Schematic $0
4013 System Administrator Manual $0
4014 Work Breakdown Structure/Schedule $0
4015 Monthly Development Status Reports $0
4016 Daily Transaction Reports $0
4017 Monthly Transaction Reports $0
4018 Chargeback Reports $0
4019 Ad Hoc Reports $0
4020 Incident Reports $0
4021 Findings Reports $0
4022 Marketing Reports $0
TOTAL FIRM FIXED PRICE $0
SECTION C - CONTRACT TERMS AND CONDITIONS
C.1 STATEMENT OF WORK
C.1.1 INTRODUCTION
As authorized by the Taxpayer Relief Act of 1997, the Federal Government can
accept internal revenue taxes via any commercially acceptable means. The law
permits the Government to enter into contracts to obtain services related to
receiving payment by other means where cost beneficial to the Government.
However, the law specifies that the Government may not pay any fee or provide
any other monetary consideration under such contracts.
The purpose of this contract is to implement convenient, inexpensive and
trusted payment methods that allow taxpayers to electronically pay taxes. Such
payment methods shall encourage taxpayers to electronically pay the balance
due on tax returns, forms and other remittance transactions.
C.1.2 SCOPE AND OBJECTIVE
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 payment system and
conduct a program that allows taxpayers to make federal tax payments by means
of an Interactive Voice Response (IVR) application and Internet application,
respectively. The Contractor shall accept credit card payments for individual
income taxes. The Contractor may also accept credit card payments for business
balance due taxes in the option years as approved by the Government.
The Contract has one base year (filing season 2003), which expires in May
2003, and four, 12-month option years that may extend the contract period of
performance through filing season 2007.
C.1.3. OBJECTIVE
The Contractor shall provide credit card payment services that simplify
payment transactions for taxpayers. The Contractor shall provide electronic
payment options that are (1) convenient, safe and secure and (2) are an
outgrowth of the e-file program. The Contractor shall ensure its approach
minimizes cost to the taxpayer and ensure privacy and security. The contracted
services shall reduce governmental costs and improve cash flow to the federal
government.
C.2 CONTRACT REQUIREMENTS
The Contractor shall provide an electronic payment system that allow taxpayers
to make federal tax payments through convenient, safe and secure means, which
will also reduce governmental costs and improve cash flow to the federal
government.
By way of IVR and Web applications, respectively, the Contractor shall accept
VISA, American Express Card, Discover Card and MasterCard cards for the
payment of federal taxes and confirm the validity of the credit card number
and the four- or six-digit expiration date prior to the completion of the
transaction. The Contractor shall ensure that certain edits and actions are
performed to authenticate the validity of taxpayer information or otherwise
ensure that the federal tax payment will be applied accurately and as intended
by the taxpayer. The Contractor shall provide a unique electronic
acknowledgement or confirmation of payment completion to the taxpayer.
The Contractor may charge taxpayers a traditional "merchant fee" for the
convenience of the payment service including real-time electronic
authorization and transmission of the payment. For payments of $40.00 or more,
a flat rate convenience fee shall be charged equaling 2.5% of the tax payment.
For payments under $40.00, the convenience fee shall equal $1.00.
The Contractor shall inform the taxpayer of all fees related to the payment
and provide an opportunity to accept or decline the fees and terminate the
transaction prior to completion. In the event that other companies are
subcontracted to participate in the program, the Contractor shall negotiate
with the sub-contractors to minimize all fees or surcharges assessed. The
Contractor shall collect and disburse all such fees from the cardholder and
post all charges to the cardholder's account.
C.2.1 DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
The Contractor's duties and responsibilities during the term of this contract
are to:
1. Provide a system that accepts Forms 1040 (current year balance due), 1040
(current year past due), 1040 (Installment Agreement), 4868 (extension)
and 1040-ES (estimated) federal tax payments. As proposed, the Contractor
shall:
a. Accept Form 1040 (current year balance due) payments from January
10, 2003 through the end of the base year period of performance. If
the option year is exercised, the processing period will extend
through December 15, 2003.
b. Accept Form 1040 (current year past due) payments from May 1, 2003
through the end of the base year period of performance. If the
option year is exercised, the processing period will extend through
December 15, 2003.
c. Accept Form 1040 (Installment Agreement) payments for tax year 1999
and after from January 10, 2003 through the end of the base year
period of performance period. If the option year is exercised, the
processing period will extend through January 31, 2004.
d. Accept Form 1040-ES (Estimated Tax) payments from March 1, 2003
through the end of the base year period of performance. If the
option year is exercised, the processing period will extend through
January 31, 2004.
e. Accept Form 4868 (Extension) payments from January 10, 2003 through
the end of the base year period of performance. If the option year
is exercised, the processing period will extend through June 18,
2003.
f. Accept the above-named payment types from both domestic and
international federal taxpayers.
g. Prompt taxpayers to enter necessary data items, beginning with the
payment amount. Users shall be prompted to verify entered data and
accept terms of payment including the convenience fee.
h. Provide redundant systems to ensure complete data reliability as
well as system availability.
i. Provide users access to toll-free automated and live customer
service support. Users can also obtain information via on-line
frequently asked questions and by e-mail.
2. Provide federal taxpayers 24 hour x 7 days a week access to electronic
payment options and networks employed by the Contractor beginning on
January 10, 2003 at a rate equal to or exceeding 95% availability in any
given calendar month. This includes the total number of customers
successfully accessing the Contractor's electronic transaction network on
the first attempt compared to the total number of attempts as well as
overall on-line availability during the month. However, taxpayers must
have access to electronic payment options at a rate of 95% (or higher)
availability on any given day during peak processing periods. Depending
on the types of payments accepted, peak processing periods may include,
but is not limited to, the seven-day period ending on the 15th (or next
business day if the 15th falls on a holiday or weekend) of January,
April, June and September of each year.
3. Exercise best practices and industry standards for preparing and
maintaining systems and application documentation.
4. 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 network's interfaces. Documentation requirements include, but are
not limited to, network design and architecture, capacity analysis, risk
assessment, disaster recovery plan, configuration management plan and
information security plan. Configuration control and management shall be
exercised and documented as system/functionality changes occur.
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 application test plan, and test reports and certification.
6. Provide draft functional requirements and user interface documentation to
the Government, including but not limited to interactive voice response
system scripts, web pages, desktop software input and information
screens, application design and architecture schematics (describing work
processes and data flow from payment initiation through completion) and
outputs (reports, etc.), for review and approval before the program
commences.
7. Provide necessary systems and data accesses to the Government's
representative performing independent verification and validation (IV&V)
reviews of system's readiness (including, but not limited to,
applications testing, stress testing, vulnerability testing and security
testing). In addition to the documentation listed above, a trusted
facility manual (systems administrator manual) will be a key component of
the IV&V review. The IV&V Review will be based on IRS computer security
policy and guidance (as described in the applicable Internal Revenue
Manual and subsequent revisions) as well as best practices and industry
standards.
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 forwarded to the Service by the Contractor that may result
from intermediate actions taken by the Contractor necessary for coding,
applying, and transmitting payment data.
9. Implement systems controls to prevent duplicate payments that might
result from multiple transmissions of a settlement file or other errors
resulting from the completion and transmission of identical payment
transactions. Duplicate payments caused by insufficient system controls
will adversely impact the Contractor's accuracy rate.
10. Minimize duplicate and erroneous payment opportunities by establishing
limits on the number of payments that can be made per taxpayer per tax
type in accordance with IRS guidelines. An integrated database that
centrally regulates such limitations, independent of the payment channel,
e.g., IVR or Web, shall be used.
11. Inform taxpayers of the dollar amounts of all fees related to the payment
transaction and obtain taxpayers' acknowledgement or acceptance of fees
prior to completing any payment transactions. The Government shall be
notified of the method of obtaining taxpayers' acknowledgement or
acceptance of fees, and shall approve the method before the program
commences.
12. Provide taxpayers with confirmation of payment transactions through the
payment means (for example, IVR, Internet, etc.) used to complete the
payment or by way of some other commonly acceptable means.
13. Provide taxpayers, upon request, with IRS general information (such as a
brochure) regarding electronic payment options in an easily accessible
manner such as printed materials or through hyperlinks on the Web.
14. 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. Outages and stoppages
in excess of one hour are considered to be material in nature. 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.
15. Comply with the Credit Card Bulk Filer Requirements. This will require
the completion of integrated readiness testing with IRS and Treasury
Financial Agents' (TFA) systems (includes use of simulated payment data
on test systems and production systems).
16. Convert payment transactions to Automated Clearing House (ACH) debit
authorizations and settle funds through the Government's designated TFA.
Any adjustments necessary because of failure to correctly verify and
validate payment information shall be the responsibility of the
Contractor. The TFA shall initiate one bulk debit daily to the account
established for this purpose.
17. Settle funds through the TFA. Funds for MasterCard and VISA transactions
will settle within 48 hours of payment authorization. Funds for American
Express and Discover transactions will settle within 72 hours of payment
authorization. Any funds held overnight from one business day to the next
business day shall be subject to U.S. Treasury penalties and interest.
18. Forward settlement files to the TFA one business day prior to settlement.
19. Secure entity validation prior to forwarding settlement files to the TFA.
The Contractor must establish processes to inform users that an entity
(Social Security Number or Taxpayer Identification Number) reject
occurred.
20. Provide settled funds where the payment (transaction) date is less than
11 days prior to the settlement date. In the event that funds settlement
is delayed beyond this period due to a reject condition, such as invalid
entity, the payment must be re-initiated and the new payment date
submitted for posting.
21. Provide only guaranteed payments to the Government for federal taxes
owed.
22. 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, credit card account number, amount of transaction,
and approval/confirmation number. 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.
23. Comply with Section 6311, Payment by Credit Card and Debit Card, of the
Internal Revenue Code (IRC) and any subsequent updates and revisions.
24. In accordance with the Section C.2.4, make reasonable efforts to complete
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 regulations during the life of this
contract.
25. Maintain the confidentiality of any information relating to electronic
payment transactions with absolutely no disclosure or use except to the
extent authorized by written procedures promulgated by the IRS pursuant
to 26 U.S.C. 6311(e)(3).
26. Maintain the confidentiality of any information relating to Federal/State
electronic payment transactions 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 the
transaction shall not be disclosed or used for any purpose prohibited by
law and the Internal Revenue Code.
27. Pay any and all transaction fees to subcontractors related to the
completion of the payment transaction.
28. Provide a merchant descriptor on the taxpayer's card statement describing
the tax payment amount as a unique line item entitled "U S Treasury Tax
Payment".
29. Provide a merchant descriptor on the taxpayer's card statement describing
the transaction fee amount as a unique line item.
30. Provide a Work Breakdown Schedule (WBS), using Project Management
software, covering the systems development life cycle and update the WBS
regularly to reflect current task status.
31. Conduct post implementation review of live application including
production monitoring, reporting, user/non-user surveys and user free
form comments.
32. Actively encourage and promote use of electronic payment product(s).
33. Provide a Marketing Plan and deliverables that support and facilitate
public awareness of IRS e-file and electronic payments. The Marketing
Plan should describe planned marketing products and/or tools, targeted
audience and distribution timeline. The Plan shall also describe (1) any
planned use of IRS e-file key messages and/or logo on marketing products;
(2) defined 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.2.3.7). All marketing
products shall be provided to the Government in draft for review and
approval at least 3 business days prior to the due date. Also, refer to
C.11 regarding public release of information.
C.2.2 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 electronic payment transactions.
2. Designate Treasury Financial Agent(s) to act on the Government's behalf
for settlement of funds in payment of taxes owed.
3. Provide required reporting formats.
4. Provide an electronic copy of the Electronic Payments Brochure, which is
required to be made available to taxpayers via electronic means.
5. Provide no monetary consideration to the Contractor for electronic
payment transactions.
6. Process credit card chargeback actions in accordance with its written
procedures. This shall include reimbursing the Contractor for
unauthorized or erroneous 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. In the event, the IRS notifies the Contractor of duplicate
payments that may be subject to chargeback action, it is incumbent upon
the Contractor to research the nature of the duplicate payment and timely
initiate the appropriate action.
7. Complete annual Contractor Performance Report based on standard
evaluation criteria (such as quality of product or service; timeliness of
performance; and business relations) used throughout the Agency.
8. Provide a hyperlink from the IRS Web Site to the Contractor's Web Site.
IRS may identify participating partners in its information materials or
products. All decisions involving these or other marketing decisions will
be solely at the discretion of the IRS.
C.2.3 DELIVERABLES
The Contractor shall submit the following deliverables in accordance with
Section C.2.1, Duties and Responsibilities of the Contractor and Section
C.2.4, Schedule of Performance.
Deliverables Summary
Electronic Payments
Transaction Processing Network Documentation
Capacity Analysis
Computer Security Plan/Guide
Configuration Management Plan
Risk Assessment Plan
Disaster Recovery Plan
Network Design and Architecture Schematic
Test Plans and Test Reports (including test data output reports)
Functional Requirements/User Interface Documentation (as applicable)
Scripts, User Interface Screens and General User Information Materials
Process and Data Flow Schematic
System Administrator Manual
Work Breakdown Structure/Schedule
Monthly Development Status Reports
Daily Transaction Reports
Monthly Transaction Reports
Chargeback Reports (If Applicable)
Ad Hoc Reports
Incident Reports
Findings Reports
Marketing Reports
C.2.3.1 ELECTRONIC PAYMENTS
The required data fields for each tax payment include:
a. The primary taxpayer's identification number [(first social security
number (SSN) 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];
b. first four characters of the last name of the primary taxpayer;
c. payment type;
d. tax period ending date (six character date field);
e. payment amount;
f. payment authorization date;
g. daytime telephone number; and,
h. confirmation number.
C.2.3.2 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), the Contracting
Officer's Technical Representative (COTR) (one copy) and the IRS Program
Manager (one copy) or his/her designee. The report shall contain the following
information:
a. date of report,
b. project manager name,
c. project manager telephone number, fax number and e-mail address,
d. a brief description of the work accomplished, emphasizing the progress
made since the last reporting period,
e. a description of any unresolved and/or anticipated problems, if any
(include schedule impacts),
f. an estimate of the percent of work accomplished to date, and
g. a statement on the status of the program as it relates to the work
breakdown schedule, either confirming that milestones are on schedule or
explaining the nature and extent of the pending delay.
C.2.3.3 DAILY AND MONTHLY TRANSACTION 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 data. 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:
a. date of report,
b. period covered,
c. total number of transactions,
d. dollar amount of transactions,
e. total number of successful attempts,
f. dollar amount of successful attempts,
g. average payment amount,
h. largest dollar payment amount,
i. total number of failed attempts,
j. dollar amount of failed attempts,
k. reasons for failed attempts,
l. customer service activity,
m. report of entity rejects, where the user has provided invalid entity
information, and
n. report of 4868 payment entities (primary and/or secondary) for those
taxpayers who indicate a supplemental filing (Form 709), if applicable.
Aggregate payment volumes by payment type and dollar amount shall be provided
daily. Historical data should also be provided to compare changes in volumes
from the prior year.
C.2.3.4 CHARGEBACK REPORTS
The Contractor shall provide weekly reports of all credit card 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.2.3.5 AD HOC REPORTS
The Contractor shall provide ad hoc reports as necessary. Ad hoc reports may
include but are not limited to reporting information that supports or further
defines incident reports where payment transactions are delayed or otherwise
impacted. Incident reports should be provided as described in Section C.2.1.
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.
C.2.3.6 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) or his/her designee. The report
shall describe:
a. The program features;
b. 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);
c. recommendations for improvement including changes to the Contractor's
and/or IRS processes;
d. practitioner and/or client feedback including customer satisfaction
survey results; and,
e. customer service activity based on automated and live assistance
provided.
The initial report shall include activity occurring between January and April.
A supplemental report shall be submitted which includes a summary of the
initial report's findings and activity from May through October. Activity
occurring in November and December may be combined with the subsequent option
year's initial findings report.
C.2.3.7 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 of each year. The supplemental
report, if applicable, shall include a summary of the initial report findings
and marketing activity from May through October. These reports are subject to
inspection, verification and approval by the IRS.
C.2.4 SCHEDULE OF PERFORMANCE
Responsible Party Event Date
IRS Contract Award 04/30/2002
IRS Provide Report Formats 05/09/2002
Contractor Provide draft WBS (including requirements, development, testing and 05/30/2002
implementation phases) and workflow schematics
IRS Provide comments on draft WBS 06/24/2002
Contractor Provide baselined WBS 07/01/2002
Contractor Draft Functional Requirements/User Interface Documentation 07/01/2002
Contractor Final Functional Requirements/User Interface Documentation 08/15/2002
Contractor Transaction Processing Network Documentation 08/15/2002
Contractor Provide marketing plan 08/15/2002
IRS Provide comments on marketing plan 08/29/2002
Contractor System Administrator Manual 09/02/2002
Contractor Test Plan 09/02/2002
Contractor Begin internal application testing 09/16/2002
IRS Provide general information for taxpayers (brochure) 09/30/2002
Contractor Obtain signed contracts with other participating subcontractors, if 09/30/2002
applicable
IRS Provide revised credit card chargeback procedures, if applicable 10/07/2002
Contractor Complete internal feature testing 11/08/2002
Contractor Begin full circle integrated test with IRS/TFA 11/11/2002
Contractor Complete full circle integrated test with IRS/TFA 11/27/2002
Contractor Obtain bulk filer certification 12/06/2002
Contractor Implement Electronic Payment services 01/10/2003
IRS Provide hyperlink from the IRS web site to the Contractor's Web page 01/10/2003
IRS Begin Option Year, If Exercised 06/01/2003
Contractor Deliver Initial Findings Report 06/27/2003
Contractor Deliver Supplemental Findings Report 11/14/2003
Notes:
1. The beginning date for applications that include 1040 balance due
payments will be consistent with the IRS e-file filing season start date.
2. Each 12-month option year will begin on June 1 and end on May 31.
Deliverable due dates for each contract option year will be commensurate
with the base period due dates, as described above.
C.3 CONTRACT TERMS AND CONDITIONS -- COMMERCIAL ITEMS FAR 52.212-4
(FEB 2002) (TAILORED)
(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 may assign its rights to
receive payment due as a result of performance of this contract 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).
However, when a third party makes payment (e.g., use of the Governmentwide
commercial purchase card), the Contractor may not assign its rights to receive
payment under this contract.
(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) 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.
(h) No fee or consideration. The Contractor and the Government mutually
agree that all work will be done at no cost to the Government. This agreement
will be in conformance with the Taxpayer Relief Act of 1997 codified by
Internal Revenue Code 6311(d)(2) namely, "the Secretary is authorized to enter
into contracts to obtain services related to receiving payment by other means
where cost beneficial to the government. The Secretary may not provide any fee
or provide any other consideration under such contracts".
(i)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.
(j) 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.
(k) 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.
(l) 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.
(m) 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.
(n) Limitation of liability. Except as otherwise provided by an express
warranty, the Contractor will not be liable to the Government for
consequential damages resulting from any defect or deficiencies in accepted
items.
(o) 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.
(p) 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.
(q) 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.4 AUTHORITY - CONTRACTING OFFICER, CONTRACTING OFFICER'S TECHNICAL
REPRESENTATIVE AND CONTRACTOR'S PROJECT MANAGER
C.4.1 ADMINISTRATIVE CONTRACTING OFFICER
The IRS Contracting Officer designated for administering this contract is:
Carol Ransom
IRS Procurement, Suite 500
6009 Oxon Hill Road
Oxon Hill, MD 20745
Voice : (202)283-1163
Fax : (02)283-1099
Email : Carol.A.Ransom@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 is not
binding on the Government.
C.4.2 CONTRACTING OFFICER'S TECHNICAL REPRESENTATIVE
The Contracting Officer's Technical Representative (COTR) designated for this
contract is:
Lee Lawrence C4-237
Internal Revenue Service
5000 Ellin Road
Lanham, MD 20706
202-283-0445
202-283-4786
lee.lawrence@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 Government may change the COTR assignment for this contract at any time
without prior notice to the Contractor. The Contractor will be notified of the
change.
C.4.3 PROJECT MANAGER
The Contractor's designated Project Manager for this contract is:
Steve Johnson
925-855-5040 (v)
925-820-0517 (f)
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.5 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.6 DISCLOSURE OF INFORMATION-SAFEGUARDS (JAN 1998) (IRSAP 1052.224-9000)
In performance of this contract, the Contractor agrees to comply and assume
responsibility for compliance by its employees with the following
requirements:
(1) All work shall be performed under the supervision of the contractor
or the contractor's responsible employees.
(2) Any return or return information made available shall be used only
for the purpose of carrying out the provisions of this contract.
Information contained in such material shall be treated as
confidential and shall not be divulged or made known in any manner
to any person except as may be necessary in the performance of the
contract. Inspection by or disclosure to anyone other than an
officer or employee of the contractor shall require prior written
approval of the Internal Revenue Service. Requests to make such
inspections or disclosures should be addressed to the IRS
Contracting Officer.
(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.7 DISCLOSURE OF "OFFICIAL USE ONLY" INFORMATION SAFEGUARDS
(IRSAP 1052.224-70(D) (DEC 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.8 DISCLOSURE OF INFORMATION--CRIMINAL/CIVIL SANCTIONS (IRSAP 1052.224-71(a)
(DEC 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.
(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.9 DISCLOSURE OF INFORMATION -- OFFICIAL USE ONLY (IRSAP 1052.224-71(b)
(DEC 1988)
Each officer or employee of the contractor 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
641.
C.10 DISCLOSURE OF INFORMATION-INSPECTION (IRSAP 1052.224-72) (DEC1988)
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.11 PUBLIC RELEASE OF INFORMATION
(1) The Contractor shall obtain the written permission of the Contracting
Officer before releasing or using any information regarding the Contractor's
selection for, or performance of work on, this 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. This clause shall apply to subcontractors at any tier.
(2) The Contractor shall not impose limitations on the use of any
information or data, or any portion thereof, which has been published in any
form or is otherwise generally available in the public domain.
(3) The Contractor in publicizing its selection for, or its performance
of work on, this contract shall not state or imply that the Government
endorses or warrants its products or services. Information publicized shall
clearly indicate that the taxpayer's decision to use any of the Contractor's
products or services will not result in any special treatment from the
Internal Revenue Service. This clause shall apply to subcontractors at any
tier.
(4) 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.
Such releases shall be placed where determined by the contractor; except that
the Government reserves the right to either place such releases itself in a
reasonable number of new media or paying for the contractor's placement of
such releases. The Government shall consider the contractor's reasonable
request for the number of 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.12 ADDENDUM 1
C.12.1 FAR CLAUSES INCORPORATED BY REFERENCE
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same
force and effect as if they were given in full text. Upon request, the
Contracting Officer will make their full text available. Also, the full text
of a clause may be accessed electronically at this address
http://www.arnet.gov/far/.
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 GOVERNMENT'S INTEREST WHEN JUL 1995
SUBCONTRACTING WITH CONTRACTORS DEBARRED,
SUSPENDED, OR PROPOSED FOR DEBARMENT
52.227-14 RIGHTS IN DATA - GENERAL (ALT III) , JUN 1987
(ALT IV)
C.12.2 TERM OF CONTRACT
(a) The term of this contract is from effective date of contract award through
May 31, 2003.
(b) This contract includes four (4) one year option periods for the renewal of
the contract, which may be unilaterally exercised by the Government.
C.12.3 OPTION TO EXTEND THE TERM OF THE CONTRACT FAR 52.217-9 (MAR 2000)
(a) The Government may extend the term of the contract by written
notice to the Contractor within 15 calendar days prior to contract
expiration; provided, that the Government shall give 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 approximately 65 months
depending on contract commencement and number of option periods.
The option period for programs in Filing Season 2007 will be the
last option period in all contracts awarded as a result if this
solicitation.
C.13 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS -- COMMERCIAL ITEMS, FAR 52.212-5 (DEC 2001)
(a) The Contractor shall 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).
(2) 52.233-3, Protest after Award (31 U.S.C. 3553).
(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 or components: [Contracting Officer must check as
appropriate.]
_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, Equal Opportunity for Special Disabled Veterans, Veterans
of the Vietnam Era, and Other Eligible Veterans (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 Special Disabled Veterans, Veterans
of the Vietnam Era, and Other Eligible Veterans (38 U.S.C. 4212).
__ (16) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (E.O.
13126).
__ (17)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for
EPA-Designated Products (42 U.S.C. 6962(c)(3)(A)(ii)).
__ (ii) Alternate I of 52.223-9 (42 U.S.C. 6962(i)(2)(C)).
__ (18) 52.225-1, Buy American Act-Balance of Payments Program-Supplies (41
U.S.C. 10a - 10d).
__ (19)(i) 52.225-3, Buy American Act-North American Free Trade
Agreement-Israeli Trade Act-Balance of Payments Program (41 U.S.C. 10a - 10d,
19 U.S.C. 3301 note, 19 U.S.C. 2112 note).
__ (ii) Alternate I of 52.225-3.
__ (iii) Alternate II of 52.225-3.
__ (20) 52.225-5, Trade Agreements (19 U.S.C. 2501, et seq., 19 U.S.C. 3301
note).
_X_ (21) 52.225-13, Restriction on Certain Foreign Purchases (E.O. 12722,
12724, 13059, 13067, 13121, and 13129).
__ (22) 52.225-15, Sanctioned European Union Country End Products (E.O.
12849).
__ (23) 52.225-16, Sanctioned European Union Country Services (E.O. 12849).
__ (24) 52.232-33, Payment by Electronic Funds Transfer-Central Contractor
Registration (31 U.S.C. 3332).
__ (25) 52.232-34, Payment by Electronic Funds Transfer-Other than Central
Contractor Registration (31 U.S.C. 3332).
__ (26) 52.232-36, Payment by Third Party (31 U.S.C. 3332).
X_ (27) 52.239-1, Privacy or Security Safeguards (5 U.S.C. 552a).
__ (28)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (46 U.S.C. 1241).
__ (ii) Alternate I of 52.247-64. (c) The Contractor shall 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 shall
comply with the provisions of this paragraph (d) if this contract was awarded
using other than sealed bid, is in excess of the simplified acquisition
threshold, and does not contain the clause at 52.215-2, Audit and
Records-Negotiation.
(1) The Comptroller General of the United States, or an authorized
representative of the Comptroller General, shall have access to and
right to examine any of the Contractor's directly pertinent records
involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all
reasonable times the records, materials, and other evidence for
examination, audit, or reproduction, until 3 years after final
payment under this contract or for any shorter period specified in
FAR Subpart 4.7, Contractor Records Retention, of the other clauses
of this contract. If this contract is completely or partially
terminated, the records relating to the work terminated shall be
made available for 3 years after any resulting final termination
settlement. Records relating to appeals under the disputes clause
or to litigation or the settlement of claims arising under or
relating to this contract shall be made available until such
appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents,
accounting procedures and practices, and other data, regardless of
type and regardless of form. This does not require the Contractor
to create or maintain any record that the Contractor does not
maintain in the ordinary course of business or pursuant to a
provision of law. (e) 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, Equal Opportunity for Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans (38
U.S.C. 4212);
(3) 52.222-36, Affirmative Action for Workers with Disabilities
(29 U.S.C. 793);
(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); and
(5) 52.222-41, Service Contract Act of 1965,
As Amended (41 U.S.C. 351, et seq.).
(End of clause)
C.14 REHABILITATION ACT OF 1973, SECTION 508 IT ACCESSIBILITY
REQUIREMENTS - STATEMENT OF WORK
A. General
1. Purpose (Reference 36 CFR 1194.1)
(a) The below technical standards are those issued by the Architectural
and Transportation Barriers Compliance Board (Access Board), pursuant to
Section 508 (a) (2) (A) of the Rehabilitation Act Amendments of 1998 (29
U.S.C. ss. 794 (d)) as enacted in the Workforce Investment Act of 1998. (The
Access Board is an independent Federal agency established by Section 502 of
the Rehabilitation Act (29 U.S.C. 792) whose primary mission is to promote
accessibility for individuals with disabilities.)
(b) Section 508 requires that when Federal agencies develop, procure,
maintain, or use electronic and information technology, Federal employees with
disabilities have access to and use of information and data that is comparable
to the access and use by Federal employees who are not individuals with
disabilities, unless an undue burden would be imposed on the agency. Section
508 also requires that individuals with disabilities, who are members of the
public seeking information or services from a Federal agency, have access to
and use of information and data that is comparable to that provided to the
public who are not individuals with disabilities, unless an undue burden would
be imposed on the agency.
2. Application (Reference 36 CFR 1194.2)
(a) This section does not apply to Electronic and Information Technology
(EIT, see definitions at A. 4. below) that is acquired by the contractor
incidental to the contract, or is neither used nor accessed by Federal
employees or members of the public, and contractor employees in their
professional capacity are not considered members of the public.
(b) For any EIT product proposed in response to this solicitation as a
deliverable that is a commercial item (as defined by the Federal Acquisition
Regulation, Subpart 2.101) or any EIT product to be developed in response to
this solicitation, that will be available to meet this contract's delivery
requirements, the contractor must represent within his proposal that the
product(s) complies with all of the below standards. The contractor must fully
complete the spreadsheet, Electronic & Information Technology Accessibility
Standards Evaluation, located in Section E, and submit it with his/her
proposal.
(c) If such product does not comply with all of the below standards, the
contractor must specify each specific standard that is not met.
3. Electronic and Information Technology (EIT) Product General Exceptions
(Reference 36 CFR 1194.3)
(a) This section does not apply to any EIT operated by agencies, the
function, operation, or use of which involves:
(1) Intelligence activities
(2) Cryptographic activities related to national security
(3) Command and control of military forces
(4) Equipment as an integral part of a weapon or weapon system
(5) Systems critical to the direct fulfillment of military or
intelligence missions
(b) Products acquired by a contractor incidental to a contract, or are
neither used nor accessed by Federal employees or members of the public, and
contractor employees and all personnel related to the contract are not
considered members of the public;
(c) Products or components of products that would require a fundamental
alteration in their nature.
(d) Products located in spaces frequented only by service personnel for
maintenance, repair or occasional monitoring.
4. Section 508 Compliance
(a) All Electronic and Information Technology (EIT) products or services
furnished under this contract shall comply with the Electronic and Information
Technology Accessibility Standards (36 CFR 1194). The Contractor must provide
a comprehensive list of all offered specific electronic and information
technology (EIT) products (supplies and services) that fully comply with
Section 508 of the Rehabilitation Act of 1973, per the 1998 Amendments, and
the Architectural and Transportation Barriers Compliance Board's Electronic
and Information Technology Accessibility Standards at 36 CFR Part 1194. The
Contractor must clearly indicate where this list with full details of
compliance can be found (e.g., vendor's or other exact web page location). The
contractor must ensure that the list is easily accessible by typical users
beginning five calendar days after award. The contractor must maintain this
detailed listing of compliant products for the full contract term, including
all forms of extensions, and must ensure that it is current within three
calendar days of changes to his product line.
(b) The offeror must ensure that all EIT products that are less than
fully compliant are offered pursuant to extensive market research, which
ensures that they are the most compliant products and services available to
satisfy this solicitation's requirements.
(c) For every EIT product accepted under this contract by the Government
that does not comply with 36 CFR Part 1194, the contractor shall, at the
discretion of the Government, make every effort to replace or upgrade it with
a compliant equivalent product or service, if commercially available and cost
neutral, on either the planned refresh cycle of the product or service, or on
the contract renewal date, whichever shall occur first."
5. Definitions (Reference 36 CFR 1194.4)
The following definitions apply to this section:
Agency. Any Federal department or agency, including the United States
Postal Service.
Alternate formats. Alternate formats usable by people with
disabilities may include, but are not limited to, Braille, ASCII
text, large print, recorded audio, and electronic formats that comply
with this part.
Alternate methods. Different means of providing information,
including product documentation, to people with disabilities.
Alternate methods may include, but are not limited to, voice, fax,
relay service, TTY, Internet posting, captioning, text-to-speech
synthesis, and audio description.
Assistive technology. Any item, piece of equipment, or system,
whether acquired commercially, modified, or customized, that is
commonly used to increase, maintain, or improve functional
capabilities of individuals with disabilities.
Electronic and information technology. Includes information
technology and any equipment or interconnected system or subsystem of
equipment, that is used in the creation, conversion, or duplication
of data or information. The term electronic and information
technology includes, but is not limited to, telecommunications
products (such as telephones), information kiosks and transaction
machines, World Wide Web sites, multimedia, and office equipment such
as copiers and fax machines. The term does not include any equipment
that contains embedded information technology that is used as an
integral part of the product, but the principal function of which is
not the acquisition, storage, manipulation, management, movement,
control, display, switching, interchange, transmission, or reception
of data or information. For example, HVAC (heating, ventilation, and
air conditioning) equipment such as thermostats or temperature
control devices, and medical equipment where information technology
is integral to its operation, are not information technology.
Information technology. Any equipment or interconnected system or
subsystem of equipment, that is used in the automatic acquisition,
storage, manipulation, management, movement, control, display,
switching, interchange, transmission, or reception of data or
information. The term information technology includes computers,
ancillary equipment, software, firmware and similar procedures,
services (including support services), and related resources.
Operable controls. A component of a product that requires physical
contact for normal operation. Operable controls include, but are not
limited to, mechanically operated controls, input and output trays,
card slots, keyboards, or keypads.
Product. Electronic and information technology.
Self Contained, Closed Products. Products that generally have
embedded software and are commonly designed in such a fashion that a
user cannot easily attach or install assistive technology. These
products include, but are not limited to, information kiosks and
information transaction machines, copiers, printers, calculators, fax
machines, and other similar types of products.
Telecommunications. The transmission, between or among points
specified by the user, of information of the user's choosing, without
change in the form or content of the information as sent and
received.
TTY. An abbreviation for teletypewriter. Machinery or equipment that
employs interactive text based communications through the
transmission of coded signals across the telephone network. TTYs may
include, for example, devices known as TDDs (telecommunication
display devices or telecommunication devices for deaf persons) or
computers with special modems. TTYs are also called text telephones.
Undue burden. Undue burden means significant difficulty or expense.
In determining whether an action would result in an undue burden, an
agency shall consider all agency resources available to the program
or component for which the product is being developed, procured,
maintained, or used.
B. Technical Standards
1194.21 Software applications and operating systems.
(a) When software is designed to run on a system that has a keyboard,
product functions shall be executable from a keyboard where the function
itself or the result of performing a function can be discerned textually.
(b) Applications shall not disrupt or disable activated features of other
products that are identified as accessibility features, where those features
are developed and documented according to industry standards. Applications
also shall not disrupt or disable activated features of any operating system
that are identified as accessibility features where the application
programming interface for those accessibility features has been documented by
the manufacturer of the operating system and is available to the product
developer.
(c) A well defined on-screen indication of the current focus shall be
provided that moves among interactive interface elements as the input focus
changes. The focus shall be programmatically exposed so that assistive
technology can track focus and focus changes.
(d) Sufficient information about a user interface element including the
identity, operation and state of the element shall be available to assistive
technology. When an image represents a program element, the information
conveyed by the image must also be available in text.
(e) When bitmap images are used to identify controls, status indicators,
or other programmatic elements, the meaning assigned to those images shall be
consistent throughout an application's performance.
(f) Textual information shall be provided through operating system
functions for displaying text. The minimum information that shall be made
available is text content, text input caret location, and text attributes.
(g) Applications shall not override user selected contrast and color
selections and other individual display attributes.
(h) When animation is displayed, the information shall be displayable in
at least one non-animated presentation mode at the option of the user.
(i) Color coding shall not be used as the only means of conveying
information, indicating an action, prompting a response, or distinguishing a
visual element.
(j) When a product permits a user to adjust color and contrast settings,
a variety of color selections capable of producing a range of contrast levels
shall be provided.
(k) Software shall not use flashing or blinking text, objects, or other
elements having a flash or blink frequency greater than 2 Hz and lower than 55
Hz..
(l) When electronic forms are used, the form shall allow people using
assistive technology to access the information, field elements, and
functionality required for completion and submission of the form, including
all directions and cues.
1194.22 Web-based intranet and internet information and applications.
(a) A text equivalent for every non-text element shall be provided (e.g.,
via "alt", "longdesc", or in element content).
(b) Equivalent alternatives for any multimedia presentation shall be
synchronized with the presentation.
(c) Web pages shall be designed so that all information conveyed with
color is also available without color, for example from context or markup.
(d) Documents shall be organized so they are readable without requiring
an associated style sheet.
(e) Redundant text links shall be provided for each active region of a
server-side image map.
(f) Client-side image maps shall be provided instead of server-side image
maps except where the regions cannot be defined with an available geometric
shape.
(g) Row and column headers shall be identified for data tables.
(h) Markup shall be used to associate data cells and header cells for
data tables that have two or more logical levels of row or column headers.
(i) Frames shall be titled with text that facilitates frame
identification and navigation.
(j) Pages shall be designed to avoid causing the screen to flicker with a
frequency greater than 2 Hz and lower than 55 Hz.
(k) A text-only page, with equivalent information or functionality, shall
be provided to make a web site comply with the provisions of this part, when
compliance cannot be accomplished in any other way. The content of the
text-only page shall be updated whenever the primary page changes.
(l) When pages utilize scripting languages to display content, or to
create interface elements, the information provided by the script shall be
identified with functional text that can be read by assistive technology.
(m) When a web page requires that an applet, plug-in or other application
be present on the client system to interpret page content, the page must
provide a link to a plug-in or applet that complies with ss.1194.21(a) through
(l).
(n) When electronic forms are designed to be completed on-line, the form
shall allow people using assistive technology to access the information, field
elements, and functionality required for completion and submission of the
form, including all directions and cues.
(o) A method shall be provided that permits users to skip repetitive
navigation links.
(p) When a timed response is required, the user shall be alerted and
given sufficient time to indicate more time is required.
Note to 1. The Board interprets paragraphs (a) through (k) of this section as
consistent with the following priority 1 Checkpoints of the Web Content
Accessibility Guidelines 1.0 (WCAG 1.0) (May 5, 1999) published by the Web
Accessibility Initiative of the World Wide Web Consortium:
Section 1194.22 Paragraph (a) WCAG 1.0 Checkpoint 1.1
Section 1194.22 Paragraph (b) WCAG 1.0 Checkpoint 1.4
Section 1194.22 Paragraph (c) WCAG 1.0 Checkpoint 2.1
Section 1194.22 Paragraph (d) WCAG 1.0 Checkpoint 6.1
Section 1194.22 Paragraph (e) WCAG 1.0 Checkpoint 1.2
Section 1194.22 Paragraph (f) WCAG 1.0 Checkpoint 9.1
Section 1194.22 Paragraph (g) WCAG 1.0 Checkpoint 5.1
Section 1194.22 Paragraph (h) WCAG 1.0 Checkpoint 5.2
Section 1194.22 Paragraph (i) WCAG 1.0 Checkpoint 12.1
Section 1194.22 Paragraph (j) WCAG 1.0 Checkpoint 7.1
Section 1194.22 Paragraph (k) WCAG 1.0 Checkpoint 11.4
1. Paragraphs (l), (m), (n), (o), and (p) of this section are different from
WCAG 1.0. Web pages that conform to WCAG 1.0, level A (i.e., all priority
1 checkpoints) must also meet paragraphs (l), (m), (n), (o), and (p) of
this section to comply with this section. WCAG 1.0 is available at
http://www.w3.org/TR/1999/WAI-WEBCONTENT-19990505.
1194.23 Telecommunications products.
(a) Telecommunications products or systems which provide a function
allowing voice communication and which do not themselves provide a TTY
functionality shall provide a standard non-acoustic connection point for TTYs.
Microphones shall be capable of being turned on and off to allow the user to
intermix speech with TTY use.
(b) Telecommunications products, which include voice communication
functionality, shall support all commonly used cross-manufacturer
non-proprietary standard TTY signal protocols.
(c) Voice mail, auto-attendant, and interactive voice response
telecommunications systems shall be usable by TTY users with their TTYs.
(d) Voice mail, messaging, auto-attendant, and interactive voice response
telecommunications systems that require a response from a user within a time
interval, shall give an alert when the time interval is about to run out, and
shall provide sufficient time for the user to indicate more time is required.
(e) Where provided, caller identification and similar telecommunications
functions shall also be available for users of TTYs, and for users who cannot
see displays.
(f) For transmitted voice signals, telecommunications products shall
provide a gain adjustable up to a minimum of 20 dB. For incremental volume
control, at least one intermediate step of 12 dB of gain shall be provided.
(g) If the telecommunications product allows a user to adjust the receive
volume, a function shall be provided to automatically reset the volume to the
default level after every use.
(h) Where a telecommunications product delivers output by an audio
transducer which is normally held up to the ear, a means for effective
magnetic wireless coupling to hearing technologies shall be provided.
(i) Interference to hearing technologies (including hearing aids,
cochlear implants, and assistive listening devices) shall be reduced to the
lowest possible level that allows a user of hearing technologies to utilize
the telecommunications product.
(j) Products that transmit or conduct information or communication, shall
pass through cross-manufacturer, non-proprietary, industry-standard codes,
translation protocols, formats or other information necessary to provide the
information or communication in a usable format. Technologies which use
encoding, signal compression, format transformation, or similar techniques
shall not remove information needed for access or shall restore it upon
delivery.
(k) Products which have mechanically operated controls or keys, shall
comply with the following:
(1) Controls and keys shall be tactilely discernible without
activating the controls or keys.
(2) Controls and keys shall be operable with one hand and shall not
require tight grasping, pinching, or twisting of the wrist. The force required
to activate controls and keys shall be 5 lbs. (22.2 N) maximum.
(3) If key repeat is supported, the delay before repeat shall be
adjustable to at least 2 seconds. Key repeat rate shall be adjustable to 2
seconds per character.
(4) The status of all locking or toggle controls or keys shall be
visually discernible, and discernible either through touch or sound.
1194.24 Video and multimedia products.
(a) All analog television displays 13 inches and larger, and computer
equipment that includes analog television receiver or display circuitry, shall
be equipped with caption decoder circuitry which appropriately receives,
decodes, and displays closed captions from broadcast, cable, videotape, and
DVD signals. As soon as practicable, but not later than July 1, 2002,
widescreen digital television (DTV) displays measuring at least 7.8 inches
vertically, DTV sets with conventional displays measuring at least 13 inches
vertically, and stand-alone DTV tuners, whether or not they are marketed with
display screens, and computer equipment that includes DTV receiver or display
circuitry, shall be equipped with caption decoder circuitry which
appropriately receives, decodes, and displays closed captions from broadcast,
cable, videotape, and DVD signals.
(b) Television tuners, including tuner cards for use in computers, shall
be equipped with secondary audio program playback circuitry.
(c) All training and informational video and multimedia productions which
support the agency's mission, regardless of format, that contain speech or
other audio information necessary for the comprehension of the content, shall
be open or closed captioned.
(d) All training and informational video and multimedia productions which
support the agency's mission, regardless of format, that contain visual
information necessary for the comprehension of the content, shall be audio
described.
(e) Display or presentation of alternate text presentation or audio
descriptions shall be user-selectable unless permanent.
1194.25 Self contained, closed products.
(a) Self contained products shall be usable by people with disabilities
without requiring an end-user to attach assistive technology to the product.
Personal headsets for private listening are not assistive technology.
(b) When a timed response is required, the user shall be alerted and
given sufficient time to indicate more time is required.
(c) Where a product utilizes touchscreens or contact-sensitive controls,
an input method shall be provided that complies with ss.1194.23 (k) (1)
through (4).
(d) When biometric forms of user identification or control are used, an
alternative form of identification or activation, which does not require the
user to possess particular biological characteristics, shall also be provided.
(e) When products provide auditory output, the audio signal shall be
provided at a standard signal level through an industry standard connector
that will allow for private listening. The product must provide the ability to
interrupt, pause, and restart the audio at anytime.
(f) When products deliver voice output in a public area, incremental
volume control shall be provided with output amplification up to a level of at
least 65 dB. Where the ambient noise level of the environment is above 45 dB,
a volume gain of at least 20 dB above the ambient level shall be user
selectable. A function shall be provided to automatically reset the volume to
the default level after every use.
(g) Color coding shall not be used as the only means of conveying
information, indicating an action, prompting a response, or distinguishing a
visual element.
(h) When a product permits a user to adjust color and contrast settings,
a range of color selections capable of producing a variety of contrast levels
shall be provided.
(i) Products shall be designed to avoid causing the screen to flicker
with a frequency greater than 2 Hz and lower than 55 Hz.
(j) Products which are freestanding, non-portable, and intended to be
used in one location and which have operable controls shall comply with the
following:
(1) The position of any operable control shall be determined with
respect to a vertical plane, which is 48 inches in length, centered on the
operable control, and at the maximum protrusion of the product within the 48
inch length (see Figure 1 of this part).
(2) Where any operable control is 10 inches or less behind the
reference plane, the height shall be 54 inches maximum and 15 inches minimum
above the floor.
(3) Where any operable control is more than 10 inches and not more
than 24 inches behind the reference plane, the height shall be 46 inches
maximum and 15 inches minimum above the floor.
(4) Operable controls shall not be more than 24 inches behind the
reference plane (see Figure 2 of this part).
1194.26 Desktop and portable computers.
(a) All mechanically operated controls and keys shall comply with
ss.1194.23 (k) (1) through (4).
(b) If a product utilizes touchscreens or touch-operated controls, an
input method shall be provided that complies with ss.1194.23 (k) (1) through
(4).
(c) When biometric forms of user identification or control are used, an
alternative form of identification or activation, which does not require the
user to possess particular biological characteristics, shall also be provided.
(d) Where provided, at least one of each type of expansion slots, ports
and connectors shall comply with publicly available industry standards.
C. Functional Performance Criteria
1194.31 Functional performance criteria.
(a) At least one mode of operation and information retrieval that does
not require user vision shall be provided, or support for assistive technology
used by people who are blind or visually impaired shall be provided.
(b) At least one mode of operation and information retrieval that does
not require visual acuity greater than 20/70 shall be provided in audio and
enlarged print output working together or independently, or support for
assistive technology used by people who are visually impaired shall be
provided.
(c) At least one mode of operation and information retrieval that does
not require user hearing shall be provided, or support for assistive
technology used by people who are deaf or hard of hearing shall be provided.
(d) Where audio information is important for the use of a product, at
least one mode of operation and information retrieval shall be provided in an
enhanced auditory fashion, or support for assistive hearing devices shall be
provided.
(e) At least one mode of operation and information retrieval that does
not require user speech shall be provided, or support for assistive technology
used by people with disabilities shall be provided.
(f) At least one mode of operation and information retrieval that does
not require fine motor control or simultaneous actions and that is operable
with limited reach and strength shall be provided.
D. Information, Documentation, and Support
1194.41 Information, documentation, and support.
(a) Product support documentation provided to end-users shall be made
available in alternate formats upon request, at no additional charge.
(b) End-users shall have access to a description of the accessibility
and compatibility features of products in alternate formats or alternate
methods upon request, at no additional charge.
(c) Support services for products shall accommodate the communication
needs of end-users with disabilities.