# **H.1 IRSAP 1052.224‑9000(c) DISCLOSURE OF INFORMATION ‑‑ SAFEGUARDS (JAN 1998)**

In performance of this contract, the Contractor agrees to comply with
and assume responsibility for compliance by his/her employees with the
following requirements:

(1) All work shall be performed under the supervision of the Contractor
    or the Contractor\'s responsible employees.

(2) Any return or return information made available in any format 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 this
    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) All returns and return information will be accounted for upon
    receipt and properly stored before, during, and after processing. In
    addition, all related output shall be given the same level of
    protection as required for the source material.

(4) The Contractor certifies that the data processed during the
    performance of this contract shall be completely purged from all
    data storage components of his/her computer facility and no output
    will be retained by the Contractor at the time the Government work
    is completed. If immediate purging of all data storage components is
    not possible, the Contractor certifies that any Government data
    remaining in any storage component will be safeguarded to prevent
    unauthorized inspection or disclosure.

(5) Any spoilage or any intermediate hard copy printout which may result
    during the processing of Government data shall be given to the IRS
    Contracting Officer or his/her designee. When this is not possible,
    the Contractor will be responsible for the destruction of the
    spoilage or any intermediate hard copy printouts, and shall provide
    the IRS Contracting Officer or his/her designee with a statement
    containing the date of destruction, description of material
    destroyed, and the method used.

(6) No work involving information furnished under this contract will be
    subcontracted without the specific approval of the IRS Contracting
    Officer.

(7) All computer systems processing, storing and transmitting tax data
    must meet or exceed computer access protection controls (C2). To
    meet C2 requirements, the operating security features of the system
    must have the following minimum requirements: a security policy,
    accountability, assurance and documentation. All security features
    must be available (object reuse, audit trails,
    identification/authentication and discretionary access control) and
    activated to protect against unauthorized use of and access to tax
    information.

(8) 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
    52.249-8), incorporated herein by reference, may be invoked.

# **H.2 IRSAP 1052.224‑9000(d) DISCLOSURE OF \"OFFICIAL USE ONLY\" INFORMATION SAFEGUARDS (DEC 1988)**

Any Treasury Department Information made available or to which access is
provided, and which is 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
Government. Requests to make such disclosure should be addressed to the
IRS Contracting Officer.

# **H-3 IDENTIFICATION AND USE OF GOVERNMENT-FURNISHED PROPERTY (GFP) (IAW FAR 45.303-2) (See Section I FAR Clause 52.245-2 Deviation)**

Government-Furnished Property (Facilities): The Government will make
available facilities described in the Section C. Government-furnished
property (facilities) selected for use by the service provider shall be
jointly inspected with the COTR during the Phase-In Period. The
Government will continue or renew leases as required at the referenced
or government alternative sites throughout the contract performance
period. Government-furnished property (facilities) is provided for use
only in the square footage amounts indicated in Technical Exhibit 3-002.
As indicated in Section C there are eight government-owned or leased
facilities of which two (2) require mandatory use by the service
provider. There are six optional use Government facilities.

\(b\) **Government-Furnished Equipment (GFE)**: The Government will make
available at contract start the item(s) selected by the SP from the
listing of Government-Furnished Property, Technical Exhibit 3-001, for
SP-use in performance of the requirements of this contract. A list of
the GFP selected by the SP and submitted to the ACO within 30 days of
contract award will be incorporated into the contract. Beyond the
Government-furnished property listed, the SP shall provide any supplies,
materials, and other property necessary for performance of this
contract. A joint inventory of all GFP shall be conducted during the
Phase-In Period. Once GFP is the SP's possession, the SP shall be
responsible for transporting GFE determined no longer suitable for use
to locations as coordinated with the Contracting Officer's Technical
Representative (COTR) and Designated Government Representative (DGR),
updating the GFE listing, and notifying the ACO at agreed upon intervals
of the revised GFE (see Section F, Deliveries or Performance).
Maintenance, repair, and replacement of the GFE, and all associated
costs, are the responsibility of the SP except as provided in Section
C.3.4.5.

# **H.4 IRSAP 1052.224‑9001(a) DISCLOSURE OF INFORMATION ‑ CRIMINAL/CIVIL SANCTIONS (JAN 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 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 the
    cost of the action. These penalties are prescribed by IRC Sections
    7213 and 7431 and set forth at 26 CFR 301.6103(n).

(2) Each officer or employee of any person (Contractor or subcontractor)
    to whom returns or return information is or may be disclosed shall
    be notified in writing by such person that any return or return
    information made available in any format shall be used only for the
    purpose of carrying out the provisions of this contract and that
    inspection of any such returns or return information for a purpose
    or to an extent not authorized herein constitutes a criminal
    misdemeanor punishable upon conviction by a fine of as much as
    \$1,000.00 or imprisonment for as long as 1 year, or both, together
    with the costs of prosecution. Such person (Contractor or
    subcontractor) shall also notify each such officer and employee that
    any such unauthorized inspection of returns or return information
    may also result in an award of civil damages against the officer or
    employee in an amount equal to the sum of the greater of \$1,000.00
    for each act of unauthorized inspection with respect to which such
    defendant is found liable or the sum of the actual damages sustained
    by the plaintiff as a result of such unauthorized inspection 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
    there under, 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.

# **H.5 IRSAP 1052.224‑9001(b) DISCLOSURE OF INFORMATION - "OFFICIAL USE ONLY" (DEC 1988)** 

Each officer or employee of the Contractor or subcontractor at any tier
to whom \"Official Use Only\" information may be made available or
disclosed shall be notified in writing by the Contractor that \"Official
Use Only\" information disclosed to such officer or employee can be used
only for a purpose and to the extent authorized herein, and that further
disclosure of any such \"Official Use Only\" information, by any means,
for a purpose or to an extent unauthorized herein, may subject the
offender to criminal sanctions imposed by 18 U.S.C. Sections 641 and
3571. Section 641 of 18 U.S.C. provides, impertinent part, that whoever
knowingly converts to his use or the use of another, or without
authority sells, conveys, or disposes of any record of the United States
or whoever receives the same with the intent to convert it to his use or
gain, knowing it to have been converted, shall be guilty of a crime
punishable by a fine or imprisoned up to ten years or both.

# **H.6 IRSAP 1052.224‑9002 DISCLOSURE OF INFORMATION ‑‑INSPECTION** 

# **(DEC 1988)**

The Internal Revenue Service shall have the right to send its officers
and employees into the offices and plants of the Contractor for
inspection of the facilities and operations provided for the performance
of any work under this contract. On the basis of such inspection, the
Contracting Officer may require specific measures in cases where the
Contractor is found to be non-compliant with contract safeguards.

# **H.7 IRSAP 1052.204-9000 SECURITY SCREENING REQUIREMENTS FOR ACCESS TO SENSITIVE BUT UNCLASSIFIED SYSTEMS OR INFORMATION** 

# **(MAR 1998)**

\(a\) In addition to complying with any functional and technical
security requirements set forth in the schedule and elsewhere in this
contract, the Contractor shall request that the Government initiate
personnel screening checks and provide signed user nondisclosure
agreements, as required by this clause, for each contractor employee
requiring staff-like access, i.e., unescorted or unsupervised physical
access or electronic access, to the following limited or controlled
areas,(a) systems, (b) programs and data. The immediate systems,
programs and applications that apply, but are limited to contract
requirements are:

1.  *Automated Cycle Proof List (ACPL)*

[]{.mark}

2.  Batch/Block Tracking System (BBTS)

3.  Correspondence Imaging System (CIS)

4.  Electronic Online Output Network System (EONS)

5\. Integrated Data Retrieval System (IDRS)

6\. Information Technology Asset Management System (ITAMS)

\(b\) The Contractor shall submit a properly completed set of
investigative request processing forms for each such employee in
compliance with instructions to be furnished by the Contracting Officer
or his/her designated representative.

\(c\) Depending upon the nature of the type of investigation necessary,
it may take a period up to several months to complete complex personnel
screening investigations. At the discretion of the Government,
background screening may not be required for employees with recent or
current favorable Federal Government investigations. To verify the
acceptability of a non-IRS, favorable investigation, the Contractor
shall submit the forms or information needed, according to instructions
furnished by the Contracting Officer.

\(d\) When contractor employee access is necessary prior to completion
of personnel screening, each contractor employee requiring access may be
considered for escort access. The Contractor shall promptly submit all
requests for approval for escort access to the Contracting Officer or
his/her designated representative so as not to endanger timely contract
performance.

\(e\) The Contractor shall ensure that each contractor employee
requiring access executes any nondisclosure agreements required by the
Government prior to gaining staff-like access. The Contractor shall
provide signed copies of the agreements to the Site Security Officer
(SSO) for inclusion in the employee\'s security file. The name and
location of the SSO shall be provided by the Government after contract
award. Unauthorized access is a violation of law and may be punishable
under the provisions of Title 5 U.S.C.  552a, Executive Order 12356;
Section 7211 of Title 5, United States Code (governing disclosures to
Congress); Section 1034 of Title 10, United States Code, as amended by
the Military Whistleblower Protection Act (governing disclosure to
Congress by members of the military); Section 2302(b)(8) of Title 5,
United States Code, as amended by the Whistleblower Protection Act
(governing disclosures of illegality, waste, fraud, abuse or public
health or safety threats); the Intelligence Identities Protection Act of
1982 (50 U.S.C. 421 et seq.)(governing disclosures that could expose
confidential Government agents); and the statutes which protect against
disclosure that may compromise the national security, including Sections
641, 793, 794, 798, and 952 of Title 18, United States Code, and Section
4(b) of the Subversive Activities Act of 1950 (50 U.S.C. Section 783(b))
and other applicable statutes.

\(f\) The Contractor shall notify the Contracting Officers Technical
Representative (COTR) and the Site Security Officer no later than the
end of the day of the termination for cause of an authorized employee\'s
access. The Contractor shall notify the COTR no later than ten days
after an authorized employee no longer requires access for any other
type of termination. Verbal notifications shall be confirmed in writing
within thirty days.

# **H.8 IRSAP 1052.204-9001 IDENTIFICATION/BADGING REQUIREMENTS** 

# **(MAR 1998)**

During the period of this contract, access to IRS facilities for
contractor representatives shall be granted as deemed necessary by the
Government. All contractor employees whose duties under this contract
require their presence at any Treasury, or Treasury bureau, facility
shall be clearly identifiable by a distinctive badge furnished by the
Government. In addition, corporate identification badges shall be worn
on the outer garment at all times. It is the sole responsibility of the
Contractor to provide this corporate identification. Upon the
termination of the employment of any contractor personnel working on
this contract, all government furnished identification shall be returned
to the issuing office. All on-site contractor personnel shall abide by
security regulations applicable to that site.

# **H.9 IRSAP 1052.209‑9001 ORGANIZATIONAL CONFLICTS OF INTEREST** 

# **(APR 1999)**

\(a\) **Purpose**. The purpose of this clause is (1) to ensure that the
Contractor is not biased because of conflicting roles in financial,
contractual, organizational, or other interests which relate to the work
to be performed under this contract, and (2) to ensure the Contractor
does not obtain any unfair competitive advantage over other parties as a
result of its work under this contract.

\(b\) **Scope.** The restrictions described herein shall apply to
performance or participation by the Contractor and any of its affiliates
or their successors in interest (hereinafter collectively referred to as
the \"Contractor\") in any activities related to this contract. The term
contractor includes the prime contractor, subcontractors, mentors,
joint-ventures, consultants, or any others acting in a similar capacity.

\(c\) **Reporting.** The Contractor shall immediately report to the
Contracting Officer any conflicts or potential conflicts that arise
during the performance of work under this contract, including those that
may surface at the subcontract level. Once reported, the Contracting
Officer may terminate the contract for convenience if such an action is
in the best interest of the Government. However, should there be any
misrepresentation of facts in reporting an OCI or a potential OCI, at
the prime or subcontract level, or a complete failure to report such,
the Contracting Officer may impose the remedies provided in subparagraph
(f) of this clause.

\(d\) **Restrictions.**

> \(1\) The Contractor shall not be eligible to participate in Internal
> Revenue Service contracts, subcontracts, or proposals which stem
> directly from the Contractor\'s performance of work under this
> contract, for a period of 2 years after the completion of this
> contract to the extent that such work would create a conflict of
> interest as defined in FAR 9.5, Organizational and Consultant Conflict
> of Interest, that cannot be mitigated as described in FAR 9.5.
>
> \(2\) The Contractor shall not perform any advisory or assistance
> services work under this contract for a period of 2 years, that
> results in a conflict of interest as defined by FAR 9.5,
> Organizational and Consultant Conflict of Interest, that cannot be
> mitigated as described by FAR 9.5, unless directed to do so by the
> Contracting Officer, if the Contractor has been or is substantially
> involved in the developing or marketing of its products or services or
> the products or services of another firm.

(3) If, under this contract, the Contractor prepares a statement of work
    or specifications to be used in competitive acquisitions, that
    results in a conflict of interest as defined by FAR 9.5,
    Organizational and Consultant Conflict of Interest, that cannot be
    mitigated as described by FAR 9.5,the Contractor shall be ineligible
    to perform or participate, in any capacity, in any acquisition which
    is based on said statement of work or specification for a period of
    2 years.

\(e\) **Subcontracts.** The Contractor shall include a clause,
substantially similar to this clause, including this subparagraph, in
all subcontracts (including purchase/delivery orders), teaming
arrangements, and/or other agreements calling for the performance of
work related to this contract unless exempted in writing by the
Contracting Officer.

\(f\) **Remedies.** For breach of any of the above restrictions or for
nondisclosure or misrepresentation of any facts required to be disclosed
concerning this contract, including the existence of an actual or
potential organizational conflict at the time of or after award, the IRS
may terminate the contract for default, disqualify the Contractor from
subsequent related efforts, and pursue such other administrative
remedies as may be permitted by law or other terms and conditions of
this contract.

# **H.10 DTAR 1052.219-71 SUBCONTRACTING PLAN (MAR 2002)**

Not applicable to the Government MEO.

As part of its initial proposal, each large business offeror shall
submit a subcontracting plan, as prescribed in FAR 52.219-9. Use of the
subcontracting plan outline contained in Section J of this solicitation
is optional, however, plans must contain all elements included in the
outline.

(End of Provision)

# **H.11 DTAR 1052.219-73 DEPARTMENT OF THE TREASURY MENTOR PROTEGE PROGRAM (JAN 2000)**

Not applicable to Government MEO.

Large and small businesses are encouraged to participate in the
Department of the Treasury Mentor-Protege program. Mentor firms provide
small business proteges with developmental assistance to enhance their
business capabilities and ability to obtain federal contracts.

Mentor firms are large prime contractors or eligible small businesses
capable of providing developmental assistance. Protege firms are small
businesses, as defined in 13 CFR 121, 124, and 126.

Developmental assistance is technical, managerial, financial, and other
mutually beneficial assistance to aid proteges. Contractors interested
in participating in the program are encouraged to contact the Department
of the Treasury Office of Small Business Development (OSBD) or the
Bureau OSBD for further information.

(End of Provision)

# **H.12 IRSAP 1052.239.9007 -- Access, Use or Operation of IRS Information Technology (IT) Systems by Contractors**

In performance of this contract, the contractor agrees to comply with
the following requirements and assume responsibility for compliance by
his/her employees:

1\. **IRS Information Technology Security Policy and Guidance.**

All current and new IRS contractor employees authorized staff-like
(unescorted) access to Treasury/IRS owned or controlled facilities and
information systems, or work, wherever located, on those contracts which
involve the design, operation, repair or maintenance of information
systems and access to sensitive but unclassified information shall
comply with the IRS Information Technology Security Policy and Guidance,
Internal Revenue Manual (IRM) 25.10.1. A copy of IRM 25.10.1 may be
requested from the contracting officer or Contracting Officer Technical
Representative (COTR). **Notice:** The IRS Policy 87-04 which authorizes
limited personal use of IT systems by IRS employees does not apply to
contractor employees.

2\. **Access Request and Authorization.**

Within (10) calendar days after contract award, issuance of a task order
or other award notice, or acceptance of new or substitute contractor
employees by the COTR, the contractor shall provide the COTR a list of
names of all applicable contractor employees and the IRS location(s)
identified in the contract for which access is requested. A security
screening, if determined appropriate by the IRS and in accordance with
IRM 1.23.2, Contractor Investigations, and Treasury Directive Policy (TD
P) 71-10, Chapter II, Section 2, will be conducted by the IRS for each
contractor employee requiring access to IRS' IT systems, or as otherwise
deemed appropriate by the COTR. The Government reserves the right to
determine fitness of a contractor employee assigned staff-like access
under a contract and whether the employee shall perform or continue
performance under the contract. Security screenings of contractor
employee which reveal the following may be unacceptable under this
contract: conviction of a felony, a crime of violence or a serious
misdemeanor, a record of arrests for continuing offenses, or failure to
file or pay Federal income tax (not an inclusive list). Upon
notification from the National Background Investigations Center (NBIC)
of an acceptable contractor employee security screening, the COTR will
complete an Online 5081, Information System User Registration/Change
Request, for each prime or subcontractor employee and require an
electronic signature from each employee indicating the contractor
employee has read and fully understands the security requirements
governing access to the Service's IT systems. IRS approval of the Online
5081 is required before a contractor employee is granted access to, use
or operation of IRS IT systems. IRM 25.10.1 includes more detailed
information on the Online 5081.

3\. **Contractor Acknowledgement.**

The contractor also acknowledges and agrees that he or she understands
that all contract employees must comply with all laws, IRS system
security rules, IRS security policies, standards, and procedures. The
contractor also acknowledges that a contract employee's unsanctioned,
negligent, or willful violation of the laws, IRS system security rules,
IRS security policies, standards, and procedures may result in the
revocation of access to IRS information technology systems, immediate
removal from IRS premises and the contract, and for violations of
Federal statute or state laws, the contract employee may be arrested by
Federal law enforcement agents.

4\. **Unauthorized Use of IRS Resources**

Contractor employees shall not use IRS information technology
equipment/resources for activities that are personal in nature or
illegal. Other types of actions that are unauthorized include but are
not limited to:

\(a\) Creating, copying, transmitting, or retransmitting greeting cards,
screen savers, video, sound (including streaming video or music) or
other large file attachments; subscribing to unofficial LISTSERVs or
other services that create a high-volume of email traffic, or using
e-mail practices that involve ongoing message receipt and transmission
(referred to as instant messaging/messenger). Using "Push" technology on
the Internet, (e.g. subscribing to a service, not authorized by the IRS,
that gathers information and sends it out automatically to subscribers),
and continuous data streams such as streaming stock quotes are
inappropriate uses.

\(b\) Accessing personal e-mail accounts such as AOL or Hotmail through
the IRS Internet firewall, hacker's information or tools, chat rooms
(involving instant messaging) or gambling sites;

\(c\) Creating, downloading, viewing, storing, copying, or transmitting
sexually explicit or sexually oriented materials such as adult
pornography;

\(d\) Downloading, copying, and/or playing of computer video games;

\(e\) Posting agency information to external news groups, bulletin
boards or other public forums without authorization; and

\(f\) Accessing child pornography, bondage and bestiality, obscenity or
other types of images that violate criminal law.

Any unauthorized use may be reported to the Contracting Officer's
Technical Representative (COTR), the Contracting Officer, and the
Department of Treasury Inspector General for Tax Administration (TIGTA).

5\. **Replacement Personnel.**

Replacement personnel must be acceptable to the COTR. The contractor
shall agree to remove the person assigned within one day of official
notification by the Government and provide a replacement within five
days. New hires or substitutions of personnel are subject to an
acceptable IRS security screening conducted by the IRS National
Background Investigation Center (NBIC), prior to being authorized access
to IRS facilities and information systems.

6**. Monitoring Notification.**

IRS management retains the right to monitor both the content and the
level of access of contractor employees' use of IRS IT systems.
Contractor employees do not have a right, nor should they have an
expectation, of privacy while using any IRS information technology
system at any time, including accessing the Internet or using e-mail.
Data maintained on government office equipment may be subject to
discovery and Freedom of Information Act requests. By using government
information technology systems, consent to monitoring and recording is
implied with or without cause, including (but not limited to) accessing
the Internet or using e-mail or the telephone. Any use of government
information technology systems is made with the understanding that such
use is generally not secure, is not private and is not anonymous.

7\. **Subcontracts.**

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

# **H.13 SUBCONTRACTING**

Pursuant to the clause in Section I cited as FAR 52.215-2, "Audits and
Record-Negotiation", the Government has the right to audit the SP and
any subcontractor(s) selected. The SP is responsible for any
subcontractor(s) selected and shall inform all subcontractor(s) of the
Government\'s right to audit. This clause in no way conflicts with the
provision regarding subcontracting required by Public Law 95-507 and
included in Section I cited as FAR 52.244-2, "Subcontracts".

# **H.14 KEY/EMPLOYEE PERSONNEL**

The key personnel listed below are considered essential by the
Government and to the work being performed under this contract and shall
not be replaced or substituted for the first 180 days after award. The
key personnel assigned to or utilized by the SP in the performance of
this contract must be available to the Government on a full time basis.
The SP shall propose any/all labor categories to include key personnel
necessary to accomplish the requirements of this contract.

Program Manager

On-Site Manager per each Files Activity Site

Substitution of Personnel: If any changes in proposed key personnel
should occur during actual performance, notwithstanding the provision
contained at Section G.1.3 prior to diverting any of the specified
individuals to other programs or when a specified individual is
terminating his employment, the SP shall notify the Contracting Officer
(CO) 60 calendar days in advance. The SP shall submit justification with
a proposed substitute whose qualifications are equal to or greater than
the person being replaced, along with a 1-2 page introductory summary in
sufficient detail to permit evaluation within 10 calendar days of
notification of a substitution.

The advance notification shall be delivered to the CO no less than two
weeks prior to any termination or planned transfer of specified
individuals. No diversion of key personnel shall be made by the SP
without the written consent of the CO. This clause may be amended from
time to time during the course of the contract to either add or delete
personnel, as appropriate.

The SP shall substitute all other personnel when required. Substitution
of employee personnel shall be without degradation to service and
disruption to customer support.

Employee personnel assigned to or utilized by the SP in the performance
of this contract must be available to the Government on a full time
basis.

# 

# **H.15 SYSTEM/SERVICE IMPROVEMENTS** 

(a) During the performance of this contract, the Government may solicit,
    and the Contractor is encouraged to independently propose
    improvements to the system, services, or other contract
    requirements. These improvements, which must be within the general
    scope of this contract, may be proposed for technology enhancement,
    technology renewal, or for any other purpose which presents a system
    or service performance advantage to the Government. Improvements in
    technology which better provides for the needs of employees/users
    with disabilities is especially encouraged.

(b) At a minimum, any proposal submitted by the SP pursuant to this
    clause shall include the following information:

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(1) A statement to the effect that the proposal is being submitted
    pursuant to this clause;

(2) A detailed technical description of the proposed changes;

(3) A detailed comparison between the existing contract requirements and
    the proposed changes, including the advantages and disadvantages of
    each;

(4) An itemized list of each contract requirement, including any
    delivery schedules or completion dates that would, in the SP\'s
    opinion, be effected by the proposed changes;

(5) An estimate of any change (increase or decrease) to the contract\'s
    price, including any related cost, such as operation;

(6) An estimate of the date by which the Government should ­accept the
    proposal in order to receive maximum benefits; and,

(7) The date until which the proposal is valid. (This date must provide
    reasonable time for the Government to review the proposal.)

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(c) The SP may withdraw, in whole or in part, any improvement proposal
    which is not accepted by the Government within the specified time
    for acceptance.

(d) The CO shall accept or reject any improvement proposal by giving the
    SP written notice of such acceptance or rejection.

(e) If the proposal is accepted, the CO shall issue a contract
    modification to incorporate any necessary changes into the contract,
    including any increase or decrease in the contract price. Such
    adjustment shall be made in accordance with the FAR clause 52.243-1,
    entitled \"Changes‑Fixed Price\". However, the contract modification
    shall state this is entered into under the authority of this clause.

(f) Unless and until the contract is modified in writing to incorporate
    any changes resulting from the Government\'s acceptance of an
    improvement proposal, the SP shall continue to perform in accordance
    with the contract\'s existing terms and conditions.

(g) The CO\'s decision to accept or reject any improvement proposal
    shall be final and shall not be subject to the terms sited in
    Section I as FAR 52.233-1, "Disputes". Furthermore, the Government
    shall not be liable for the direct reimbursement of any proposal
    costs. In no event shall the Government be liable for any additional
    costs incurred by the SP due to the Government\'s delay in accepting
    or rejecting any improvement proposal.

(h) The SP is requested to identify specifically any information
    contained in its improvement proposal which it considers
    confidential and/or proprietary and which it prefers not be
    disclosed outside the Government. The SP\'s identification of
    information as confidential and/or proprietary is for informational
    purposes only and shall not be binding on the Government. The SP is
    advised that such information may be subject to releases under the
    Freedom of Information Act (5 U.S.C. 552).

# **H.16 NONPAYMENT FOR UNAUTHORIZED WORK**

No payments will be made for any unauthorized supplies or services, or
for any unauthorized changes to the work specified herein. This includes
any service performed by the SP of his own volition or at the request of
an individual other than a duly appointed CO. Only a duly appointed CO
is authorized to change the specifications, terms, and conditions in
this contract.

# **H.17 INSURANCE ‑ WORK ON A GOVERNMENT INSTALLATION** 

Not applicable to the Government MEO.

In accordance with FAR 52.228‑5, "Insurance ‑ Work on a Government
Installation", in Section I, insurance of the following types and
minimum amounts shall be procured and maintained during the entire
period of performance under this contract:

(a) Workman\'s Compensation and Employer's Liability Insurance ‑ as
    specified by applicable statute, but not less than \$100,000.

(b) General Liability Insurance ‑ Bodily Injury Liability ‑ \$500,000
    per occurrence.

(c) Automobile Liability Insurance ‑ \$200,000 per person, \$500,000 per
    occurrence for bodily injury, \$20,000 per occurrence for property
    damage.

# **H.18 OBSERVANCE OF REGULATIONS/STANDARD OF CONDUCT AT GOVERNMENT INSTALLATIONS**

When SP personnel are performing contract work at an IRS or other
Government facility, they shall comply with all rules and regulations of
the facility, including, but not limited to, rules and regulations
governing security, controlled access, personnel clearances and conduct
with respect to health and safety and to property at the site.

The SP shall be responsible for maintaining satisfactory standards of
employee competency, conduct, appearance and integrity and shall be
responsible for taking such disciplinary action with respect to his
employees as may be necessary. The SP shall ensure that their employees
do not disturb papers on desks, open desk drawers or cabinets, or use
Government telephones that are not in their privy of work, except as
authorized.

In the event that the conduct or performance of any SP provided
personnel is deemed unsatisfactory, the Government reserves the right to
an immediate temporary replacement.

# **H.19 SP RESPONSIBILITY FOR ASSIGNED SPACE, EQUIPMENT, AND SUPPLIES**

If, due to the fault or neglect of the SP, his agents, or employees,
damage any Government property, equipment, stock or supplies, during the
performance of this contract, the SP shall be responsible for such loss
or damage and the Government, at its option, may either require the SP
to replace all property or to reimburse the Government for the full
value of the lost or damaged property.

The SP is responsible for maintaining all assigned space(s) in a clean
and orderly fashion during the course of this contract. See section C.4.

# **H.20 NEWS RELEASES AND ADVERTISING OF THE CONTRACT**

(a) The SP agrees not to refer to this contract award in news releases
    or commercial advertising in such a manner as to state or imply that
    the system, product, or service being provided under the contract is
    endorsed or preferred by the Federal Government or is considered by
    the Government to be superior to other products or services.

(b) Under no circumstances shall the SP, or anyone acting on behalf of
    the SP, refer to the system, product, or service being provided
    under the contract in any news release or commercial advertising
    without first obtaining explicit written consent to do so from the
    CO. Should any such news release or commercial advertising be made
    by or on behalf of the SP without such consent first being so
    obtained, the Government will consider institution of all remedies
    available under the provision of this contract.

# **H.21 Section 508 Requirements**

The SP 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 SP must
clearly indicate where this list with full details of compliance can be
found (e.g., vendors or other exact web page location). The SP must
ensure that the list is easily accessible by typical users beginning
five calendar days after award. The SP 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.

The SP 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.

For every EIT product accepted under this contract by the Government
that does not comply with 36 CFR Part 1194, the SP 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.

**H.22 52.224-1 Privacy Act Notification (Apr 1984)**

The Contractor will be required to design, develop, or operate a system
of records on individuals, to accomplish an agency function subject to
the Privacy Act of 1974, Public Law 93-579, December 31, 1974 (5 U.S.C.
552a) and applicable agency regulations. Violation of the Act may
involve the imposition of criminal penalties.

(End of clause)

## H.23 52.224-2 Privacy Act (Apr 1984)

\(a\) The Contractor agrees to-

\(1\) Comply with the Privacy Act of 1974 (the Act) and the agency rules
and regulations issued under the Act in the design, development, or
operation of any system of records on individuals to accomplish an
agency function when the contract specifically identifies-

\(i\) The systems of records; and

\(ii\) The design, development, or operation work that the contractor is
to perform;

\(2\) Include the Privacy Act notification contained in this contract in
every solicitation and resulting subcontract and in every subcontract
awarded without a solicitation, when the work statement in the proposed
subcontract requires the redesign, development, or operation of a system
of records on individuals that is subject to the Act; and

\(3\) Include this clause, including this paragraph (3), in all
subcontracts awarded under this contract which requires the design,
development, or operation of such a system of records.

\(b\) In the event of violations of the Act, a civil action may be
brought against the agency involved when the violation concerns the
design, development, or operation of a system of records on individuals
to accomplish an agency function, and criminal penalties may be imposed
upon the officers or employees of the agency when the violation concerns
the operation of a system of records on individuals to accomplish an
agency function. For purposes of the Act, when the contract is for the
operation of a system of records on individuals to accomplish an agency
function, the Contractor is considered to be an employee of the agency.

(c)(1) \"Operation of a system of records,\" as used in this clause,
means performance of any of the activities associated with maintaining
the system of records, including the collection, use, and dissemination
of records.

\(2\) \"Record,\" as used in this clause, means any item, collection, or
grouping of information about an individual that is maintained by an
agency, including, but not limited to, education, financial
transactions, medical history, and criminal or employment history and
that contains the person\'s name, or the identifying number, symbol, or
other identifying particular assigned to the individual, such as a
fingerprint or voiceprint or a photograph.

(4) \"System of records on individuals,\" as used in this clause, means
    a group of any records under the control of any agency from which
    information is retrieved by the name of the individual or by some
    identifying number, symbol, or other identifying particular assigned
    to the individual.

\(5\) The SP shall comply with the Privacy Act, of 1974 as amended IRC
6103 when

accessing the following systems of record:

> IRS 00-001\--General Correspondence
>
> IRS 22-032\--Individual Microfilm Retention Register
>
> IRS 22-034\--Individual Returns Files, Adjustments and Miscellaneous
> Document Files
>
> IRS 22.061\--Individual Return Master File (IRMF)\
> IRS 24.030\--CADE Individual Master File (IMF), (Formerly: Individual\
> Master File (IMF))\
> IRS 24.046\--CADE Business Master File (BMF) (Formerly: Business\
> Master File (BMF)

(End of clause)