As Indicated On Each Call

703-504-8895

IS CHECKED SEE ADDENDUM

18a. PAYMENT WILL BE MADE BY CODE 

CODE 

CODE FACILITY

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

OFFEROR

1-IRS NON-IT (OTPS)

Lanham MD 20706

OS:OCPO:BSA:HQ:TO:P, Stop C7-430

DCOS/Procurement

Internal Revenue Service

U.S. Department of the Treasury

CODE 16. ADMINISTERED BY CODE 

X

541611

SIZE STANDARD:

1-IRS NON-IT (OTPS) UNRESTRICTED OR SET ASIDE: % FOR:

IFB RFP

CODE 10. THIS ACQUISITION IS

RFQ

14. METHOD OF SOLICITATION

13b. RATING

NAICS:

SMALL BUSINESS

05/26/2020

ANGELA ORTIZ

06/04/2020

(No collect calls)

INFORMATION CALL:

FOR SOLICITATION a. NAME b. TELEPHONE NUMBER 8. OFFER DUE DATE/LOCAL TIME

3. AWARD/ 4. ORDER NUMBER 6. SOLICITATION 

2032H320Q00051

5. SOLICITATION NUMBER

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 1. REQUISITION NUMBER PAGE OF

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30 20PR-TDP-0423 1 35 

5000 Ellin Road

TELEPHONE NO.

MCLEAN VA 22102-4257

1800 TYSONS BLVD 7TH FL

Attn: Rajai El-Rashed

GUIDEHOUSE LLP

17a. CONTRACTOR/

As Indicated On Each Call

15. DELIVER TO

Lanham MD 20706

5000 Ellin Road

OS:OCPO:BSA:HQ:TO:P, Stop C7-430

DCOS/Procurement

Internal Revenue Service

9. ISSUED BY

7. 

2032H320A00008

2. CONTRACT NO. 

EFFECTIVE DATE

$16.50

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

ISSUE DATE

DELIVERY FOR FOB DESTINATION UNLESS BLOCK IS 

MARKED

11. 

SEE SCHEDULE

12. DISCOUNT TERMS

NET 30 PROMPT PAY THIS CONTRACT IS A 

RATED ORDER UNDER

DPAS (15 CFR 700)

13a. 

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

HUBZONE SMALL 

BUSINESS

8(A)

U.S. Department of the Treasury WOMEN-OWNED SMALL BUSINESS 

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED 

SMALL BUSINESS PROGRAM

EDWOSB 

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21. 

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

GSA Contract #: GS-00F-045DA

This is a Labor Hour (LH) BPA against

GS-00F-045DA for Coronavirus Aid, Relief, and

Economic Security Act (CARES Act) Implementation

Support Services.

The period of performance is June 4, 2020 through

June 3, 2021 plus one 12-month option period.

The COR is Thomas Funkhouser,

Thomas.Funkhouser@treasury.gov

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

$0.00

HEREIN, IS ACCEPTED AS TO ITEMS: 

X X

X

X

DATED

MARK C. GREEN

All

. YOUR OFFER ON SOLICITATION (BLOCK 5), 

INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH 

 1 Quote

COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER

ARE

ARE

31c. DATE SIGNED

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA

31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER) 

30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (Type or print)

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

SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED.

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA

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

OFFER 

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

ARE NOT ATTACHED.

ARE NOT ATTACHED.

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE 

30b. NAME AND TITLE OF SIGNER (Type or print)

30a. SIGNATURE OF OFFEROR/CONTRACTOR

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 

25. ACCOUNTING AND APPROPRIATION DATA

As Indicated On Each Call

29. AWARD OF CONTRACT:

REF.

Dennis Chesley, Partner 6/4/2020
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32b. SIGNATURE OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32c. DATE 

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

32a. QUANTITY IN COLUMN 21 HAS BEEN

RECEIVED INSPECTED

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

37. CHECK NUMBER

PARTIAL FINAL

36. PAYMENT

PARTIAL FINAL

35. AMOUNT VERIFIED

CORRECT FOR

33. SHIP NUMBER 34. VOUCHER NUMBER

COMPLETE

32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE

42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS

42b. RECEIVED AT (Location)

42a. RECEIVED BY (Print)

41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE

41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT

STANDARD FORM 1449 (REV. 2/2012) BACK

24.

AMOUNT

23.

UNIT PRICE

22.

UNIT

21. 

QUANTITY

20.

SCHEDULE OF SUPPLIES/SERVICES

19.

ITEM NO.

 The Contracting Officer is Mark Green,

 Mark.Green2@irs.gov

 The vendor POC is Rajai El-Rashed,

 relrashed@guidehouse.com

 Inv Approver/COR: FUNKHOUSER, THOMAS Inv

 Approver/COR Backup1: FUNKHOUSER, THOMAS

 Period of Performance: 06/04/2020 to 06/03/2022

32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT REPRESENTATIVE

32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT REPRESENTATIVE

2 of 35 
BPA 2032H320A00008 Page 3 of 39

Table of Contents

SECTION I – BLANKET PURCHASE AGREEMENT TERMS AND CONDITIONS.....................5

1.0 Description of Agreement.............................................................................................................5

2.0 Extend of Obligation.....................................................................................................................5

3.0 Estimated Value ............................................................................................................................5

4.0 Period of Performance ..................................................................................................................5

5.0 Individuals Authorized to Purchase Under the BPA.....................................................................5

6.0 Orders............................................................................................................................................5

7.0 BPA Communication Protocol......................................................................................................6

8.0 Inspection and Acceptance Process ..............................................................................................6

9.0 Invoice Review .............................................................................................................................6

10.0 Administrative Contracting Officer..............................................................................................6

11.0 Electronic Interface.......................................................................................................................6

12.0 BPA Termination..........................................................................................................................7

SECTION II – SUPPLIES OR SERVICES .............................................................................................8

B.1 Labor Categories and Accompanying Rates......................................................................................8

B.2 Travel .................................................................................................................................................8

B.3 BPA Pricing........................................................................................................................................8

B.4 Invoicing and Payment Instructions...................................................................................................8

DTAR 1052.232-7003 - Electronic Submission of Payment Requests (Apr 2015)..............................9

SECTION III – STATEMENT OF WORK ...........................................................................................11

C.1 Background ......................................................................................................................................11

C.2 Description of Services ....................................................................................................................11

C.3 Scope ................................................................................................................................................11

C.4 Tasks ................................................................................................................................................12

C.5 Deliverables......................................................................................................................................12

C.6 Travel ...............................................................................................................................................13

C.7 Government Furnished Property ......................................................................................................13

C.8 Place of Performance .......................................................................................................................14

C.9 Quality Control Plan.........................................................................................................................15

C.10 Period of Performance....................................................................................................................16

C.11 Organizational Conflict of Interest.................................................................................................16

C.12 Section 508 Compliance.................................................................................................................17
BPA 2032H320A00008 Page 4 of 39

C.13 Security Requirements ...................................................................................................................17

SECTION IV – CONTRACT CLAUSES...............................................................................................21

FAR 52.217-8 – Option to Extend Services (Nov 1999)....................................................................21

FAR 52.217-9 – Option to Extend the Term of the Contract (Mar 2000) ..........................................21

DTAR 1052.201-70 – Contracting Officer’s Representative (COR) Designation and Authority (Apr 

2015)...................................................................................................................................................21

DTAR 1052.210-70 – Contractor Publicity (Apr 2015).....................................................................22

DTAR 1052.212-4 - Contract Terms and Conditions-Commercial Items (Alternate II) (Deviation 

2016-00001) (Apr 2018).....................................................................................................................23

DTAR 1052.222-70 – Minority and Women Inclusion (Jan 2016)....................................................27

DTAR 1052.232-39 Unenforceability of Unauthorized Obligations. (Deviation 00002)(April 2018)

............................................................................................................................................................28

IR 1052.239-9000 - Section 508 Information, Documentation and Support (Dec 2019)...................29

IR 1052.239-9001 - Section 508 Conformance (Dec 2019) ...............................................................29

IR 1052.239.9002 Section 508 Services (Dec 2019)..........................................................................32

Order Administration..........................................................................................................................35
BPA 2032H320A00008 Page 5 of 39

SECTION I – BLANKET PURCHASE AGREEMENT TERMS AND CONDITIONS

1.0 Description of Agreement

The Contractor shall furnish supplies or services, described in general terms, if and when 

requested by the Contracting Officer (or the authorized representative of the Contracting Officer) 

during a specified period and within a stipulated aggregate amount, if any.

The establishment of the BPA creates no guarantee or obligation on the part of the Government

to place any orders. The Government is obligated only to the extent of authorized purchases 

actually ordered under the BPA. The ordering office reserves the right to issue no solicitations 

or no order awards under the BPA.

The Government intends to/has incorporate/d the vendor’s GSA schedule into the resulting BPA. 

The Government reserved the right to place calls against this BPA for any labor category so long 

as work is within the scope of this BPA. 

2.0 Extend of Obligation

The Government is obligated only to the extent of authorized purchases actually made under the 

BPA. This agreement may be terminated upon 30 days written notice by either party.

3.0 Estimated Value

The Government estimates, but does not guarantee, that the BPA may reach a maximum of 

$700,000.00. This BPA does not obligate any funds. Any funds will be obligated upon award of 

individual orders.

4.0 Period of Performance

The period of performance for this BPA is for a 12-month base period and a 12-month option 

period for a total of 24 months from June 4, 2020 through June 3, 2022. Call orders placed under 

this BPA will have individual period of performances.

5.0 Individuals Authorized to Purchase Under the BPA

Office of Business Solutions Acquisition, Treasury Operations Branch Contracting Officers shall 

be the only individuals authorized to place orders under this agreement.

6.0 Orders

Orders awarded pursuant to this BPA will be either Labor Hour or Firm Fixed Price orders.
BPA 2032H320A00008 Page 6 of 39

7.0 BPA Communication Protocol

The CO, in conjunction with the COR and other government personnel should strive to provide a 

structured and integrated approach for coordinating written and oral direction to a contractor on 

technical and contractual matters. The CO is the only individual authorized to give direction in 

any format to the contractor that would bind the government. The COR is authorized to give 

written or oral technical direction to the contractor only if this communication is non-binding and

does not constitute contract direction. Information from other government personnel should be 

coordinated through the CO and/or the COR. With the exception of the CO and COR, no other 

government individual shall provide direction to the contractor either in writing or orally.

8.0 Inspection and Acceptance Process

Inspection and acceptance will be performed by the COR on a monthly basis or as appropriate in 

order to certify the invoices for payment.

9.0 Invoice Review

Invoices for each Call will be reviewed by the COR within 7 days of receipt to ensure accuracy 

before certifying the invoice for payment. Invoices shall be submitted by the contractor in 

accordance with the Electronic Submission of Payment Requests clause in the BPA Call.

10.0 Administrative Contracting Officer

The Contracting Officer designated for administering this BPA is:

Mark C. Green

5000 Ellin Rd

Lanham, MD 20706

Phone: 703-409-7139

Email: Mark.Green2@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 the

BPA, and notwithstanding any clauses contained elsewhere in the BPA, 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 no adjustment will be made in the BPA/ order price to 

cover any increase in cost incurred as a result thereof.

11.0 Electronic Interface

The BPA holder is required to interface with Office of Procurement via electronic mail for all 

pre and post award contractual actions, including but not limited to access to RFQ documents, 

Questions and Answers, contractor submission of technical, management and price quotes, 

access to award, amendments, modification documents and invoice submission.
BPA 2032H320A00008 Page 7 of 39

12.0 BPA Termination

The IRS Office of Procurement Contracting Officer may terminate for convenience the BPA at 

any time by providing at least 30 days written notice to the contractor. The parties understand 

that termination of the BPA does not constitute termination of any impending order (order in 

which the contractor has submitted an otherwise acceptable quote and selected for award) or 

active order issued prior to the termination notice. Pending or active orders can only be 

terminated in accordance with termination provisions set forth in the FSS contract.
BPA 2032H320A00008 Page 8 of 39

SECTION II – SUPPLIES OR SERVICES 

B.1 Labor Categories and Accompanying Rates

The Contractor’s Federal Supply Schedule is hereby incorporated into this final BPA; however,

rates billed by the Contractor under this BPA shall not exceed those set forth in their proposed 

rates, see B.4 below.

B.2 Travel

The Government does not anticipate travel on the part of the Contractors.

B.3 BPA Pricing

Pricing for this BPA is set forth in the following:

BPA Schedule of Services

BPA Labor Category GSA Schedule 

Category

Hourly Rate

Base Period

Hourly Rate

Option Period 1

Consulting Engagement 

Executive

Consulting Engagement 

Executive $322.00 $322.00

Project Manager Consulting Director I $256.00 $256.00

Consulting Manager I Consulting Manager I $138.00 $138.00

Technical Writer Consultant II $102.00 $102.00

B.4 Invoicing and Payment Instructions

(a) Invoices shall be submitted electronically to www.ipp.gov.

(b) An electronic copy shall also simultaneously be submitted to the COR and the 

Contracting Officer.

(c) Submission of proper invoices shall be rendered on a percentage complete basis in an 

amount equal to the value of the work performed.

(d) Each invoice submitted shall be supported by appropriate documentation. Documentation 

necessary to substantiate an invoice shall include, but is not limited to project name and number, 

invoice number, percent complete, original contract amount, modification amounts, retainage 

amount and percent cumulative), cost of materials used this invoice, value of work in place, 

contractor name, and contract number. Such documentation shall meet the approval of the 

Contracting Officer.
BPA 2032H320A00008 Page 9 of 39

DTAR 1052.232-7003 - Electronic Submission of Payment Requests (Apr 2015)

(a) Definitions. As used in this clause—

(1) “Payment request” means a bill, voucher, invoice, or request for contract financing payment

with associated supporting documentation. The payment request must comply with the 

requirements identified in FAR 32.905(b), “Content of Invoices” and the applicable Payment 

clause included in this contract.

(b) Except as provided in paragraph (c) of this clause, the Contractor shall submit payment 

requests electronically using the Invoice Processing Platform (IPP). Information regarding IPP,

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

successor site.

(c) The Contractor may submit payment requests using other than IPP only when the Contracting 

Officer authorizes alternate procedures in writing in accordance with Treasury procedures.

(d) If alternate payment procedures are authorized, the Contractor shall include a copy of the 

Contracting Officer's written authorization with each payment request.

(End of clause)

Electronic Invoicing and Payment Requirements for the Invoice Processing Platform (IPP) 

Invoice Processing Platform (IPP) is a secure web-based electronic invoicing and payment 

information service available to all Federal agencies and their suppliers. The preferred method 

for invoicing through September 30, 2012 is through IPP. Effective October 1, 2012 invoicing 

through IPP will be mandatory for all new contract awards. Additional information regarding 

IPP may be found at the IPP website address https://www.ipp.gov. Contractor assistance with 

enrollment can be obtained by contacting the Bureau of the Public Debt’s IPP Team at 304-480-

8000, Option 7 or the IPP Help desk via e-mail at ippgroup@bos.frb.org or via phone at (866) 

973-3131. 

Electronic Invoicing and Payment Requirements

Vendor invoices submitted electronically through IPP should be in the proper format and contain

the required information for payment processing. A “proper invoice” must meet the minimum 

standards specified in FAR 32.905(b) in order to be approved for payment. 

Under this contract, the following documents are required to be submitted as an attachment to the 

invoice:

_____________________________________________

____________________________________________.

Payment and Invoice Questions 
BPA 2032H320A00008 Page 10 of 39

For payment and invoice questions, contact the Accounting Services Division at (304) 480-8000 

option 7 or via e-mail at AccountsPayable@bpd.treas.gov. 

Waivers

If the Contractor is unable to utilize IPP for submitting payment requests starting on October 1, 

2012 then a waiver form must be completed in advance and submitted via mail or e-mail for 

review and approval by the Contracting Officer (see Attachment 1). Adobe Acrobat Portable 

Document Format (PDF) and Microsoft Word are acceptable formats for submitting waivers 

electronically. The vendor will be notified in a reasonable number of days as to whether their 

waiver has been approved or rejected. If the waiver is granted, then a copy of the waiver must be 

submitted with each invoice that the vendor submits to the payment office. 

(End of Clause)
BPA 2032H320A00008 Page 11 of 39

SECTION III – STATEMENT OF WORK

CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY ACT (‘CARES ACT’) 

IMPLEMENTATION SUPPORT SERVICES

C.1 Background

On March 27, 2020 the CARES Act was enacted to address the significant financial 

repercussions the novel COVID-19 pandemic is causing to the U.S. economy. The CARES Act 

resulted in the largest stimulus package ever approved by the U.S. Government. Over 2 trillion 

dollars of funding was appropriated to provide aid in the form of tax credits, loans, grants, and 

direct disbursements to the healthcare and aviation industries as well as to small businesses, large 

corporations, municipalities, and individual Americans that are hardest hit during these difficult 

times. The Treasury is responsible for implementing several provisions of the CARES Act and 

must also coordinate with various Departmental Offices, to include multiple federal agencies, 

who are responsible for, or who have a role in, implementing provisions within the CARES Act.

C.2 Description of Services

The Department of the Treasury requires urgent assistance with the operations, documentation 

and monitoring of the CARES Act programs and processes, leveraging existing capabilities and 

expertise that exist within the government wherever practicable while also leveraging the 

processes and mechanisms established for previous stimulus programs, such as the Troubled 

Asset Relief Program (TARP), and the Small Business Lending Fund (SBLF). 

The Contractor shall provide all personnel, equipment, supplies, transportation, tools, materials, 

supervision, and other items for non-personal services necessary to perform the support as 

defined in this PWS, except for those items specified as Government furnished property and 

services. The Contractor shall perform to the standards in this PWS. 

C.3 Scope

The scope of this contract covers non-inherently governmental services associated with 

supporting the CARES Act implementation as required by this PWS. The Contractor shall not 

provide legal advice or make any representations regarding questions of legal interpretation. The 

Contractor shall have the expertise, capability, and resources to effectively furnish all tasks 

described herein. Contractor support services shall include, but not be limited to:

• Assist with the identification of control points in the CARES Act Operations through 

all key stages.

• Assist with the development of all policies and procedures required to document 

controls and support the CARES Act Operations “back end” processes.
BPA 2032H320A00008 Page 12 of 39

C.4 Tasks

The Contractor shall provide efficient and cost-effective support services for the tasks

described as follows:

C.4.1 Design & Development

Contractor shall provide advice and support the identification of CARES Operations critical 

control points as well as the design and development of CARES Operations policy and 

procedural documents. The design could leverage approaches, capabilities, documents and 

structures from previous programs (e.g., SBLF, TARP), while incorporating lessons learned and 

the specific requirements of the CARES Act. Support shall include, but is not limited to, the 

following:

• Identify key control points throughout the entire scope of the CARES Operations 

portfolio of functions

• Define and document these control points;

• Draft committee structures and document charters;

• Facilitate mechanics/requirements meetings;

• Design and document CARES Operations policies and processes, including 

developing process flows and risk and control matrices (RCM)

C.4.2 Operations & Monitoring/Compliance

The Contractor shall provide advice and support throughout the development of the processes 

and documentation necessary to implement the CARES Operations team, including capturing 

appropriate documentation and internal control evidence. Support for the Operations and 

Monitoring/Compliance functions shall include, but is not limited to, the following:

• Capture and organize control evidence and other documentation.

• Document issues and develop and document remediation plans.

• Draft and update policy and process documentation, including process flows and 

RCMs, as appropriate.

• Liaise with financial agents, custodians, legal counsel, and other offices to enable 

effective and timely communication, oversight, and coordination.

• Support reporting to leadership and oversight.

C.5 Deliverables

All deliverables and reports will be reviewed to ensure Contractor accuracy, functionality, 

completeness, professional quality and overall compliance with contract requirements. The 

Government will consider errors, misleading statements, incomplete, irrelevant information, 

excessive rhetoric, or repetition as deficiencies and the Contractor shall make corrections at no 

additional cost. All deliverables must be formatted using Microsoft Word, Microsoft Visio, 

Microsoft Excel and/or PowerPoint and shall be submitted electronically, unless otherwise 

specified by the COR.
BPA 2032H320A00008 Page 13 of 39

C.5.1 Deliverable Table

Deliverables and Reports Due Date

QASP 1 week after award

Design & Development Briefing In accordance with the COR/POC

Operation & Monitoring In accordance with the COR/POC

Program Management Reports As directed by the COR/POC

Status Report No later than the 15th of each month

Electronic Expenditure Report No later than the 15th of each month

C.5.2 Status Reports

In addition to the specific deliverables and reports identified in Section 5.1 above, the Contractor 

shall provide a Status Report to the COR with a copy to the Contracting Officer (CO). The 

report shall be submitted via email and is due by the 15th day of each month that the contract is 

in effect. The first Status Report is due by the 15th day of the second month of the contract 

award. At a minimum, the report shall contain the following information:

• Contract number 

• Contractor name

• Period covered by status report

• Hours expended for the status report period 

• List of requested policy/procedure documents to be drafted and the status of each 

document

• Description of problems and issues encountered during the report period

• Status of open problems or issues identified in previous monthly report(s)

C.6 Travel

The Government does not anticipate any travel performed under this contract. 

C.7 Government Furnished Property

The Government will provide the Contractor with office space, computer, printer, facsimile 

service, reproduction capability, unclassified Internet access, logistical and administrative 

support for the project as required, while working on-site at Treasury. Telephone service for 

official use and local calls only will be provided to the Contractor; all other calls shall be made at

the Contractor’s expense. The Contractor shall not use Government furnished material or 

equipment to work on projects other than those directed by this performance work statement. 

Government furnished equipment provided to the Contractor shall be returned to the Government 

in good working order.
BPA 2032H320A00008 Page 14 of 39

C.8 Place of Performance

The Contractor shall perform tasks under this contract on-site at the contractor’s facility as well 

as the Department of the Treasury, Washington, D.C. In the event of an offsite location due to 

exercise drills or emergency operations, the Contractor shall be informed prior to relocation at no 

cost to the Government.

C.8.1 Hours of Operation

The Contractor is responsible for conducting business, between the hours of 8am and 5pm 

Monday thru Friday, or as otherwise required for or requested by the Government at no 

additional cost, except Federal holidays or when the Government facility is closed due to local or 

national emergencies, administrative closings, or similar Government directed facility closings. 

For other than firm fixed price contracts, the Contractor will not be reimbursed when the 

government facility is closed for the above reasons. The Contractor must at all times maintain an 

adequate workforce for the uninterrupted performance of all tasks defined within this SOW when 

the Government facility is not closed for the above reasons. When hiring personnel, the 

Contractor shall keep in mind that the stability and continuity of the workforce are essential. 

C.8.2 Type of Contract

The government anticipates award of a Labor Hour with fixed hourly rates or Firm-Fixed Price 

(FFP) Call Orders against this BPA. Contractor employees shall be paid at the labor rate(s) 

designated by the labor category to which he or she is assigned according to the specific Call

Order. In no event shall an individual be assigned or billed at a labor rate higher than that for 

which he/she has been contractually approved. The labor rates herein shall not be adjusted 

without the written approval of the contracting officer.

C.8.3 Recognized Holidays

The Contractor is not required to perform services on the following holidays; however, the 

Government reserves the right to require performance on any day of the year at no additional 

cost if the circumstances require: 

Ten Federal holidays are set by law (USC Title 5 Section 6103). Under current definitions, four

are set by date: 

New Year's Day January 1

Independence Day July 4

Veterans Day November 11

Christmas Day December 25

The following six Federal holidays are set by a day of the week and month: 

Martin Luther King's Birthday Third Monday in January 

Washington's Birthday Third Monday in February 
BPA 2032H320A00008 Page 15 of 39

Memorial Day Last Monday in May 

Labor Day First Monday in September 

Columbus Day Second Monday in October 

Thanksgiving Fourth Thursday in November

The Contractor shall also follow any other holiday as declared by the President.

C.8.4 Telework Readiness

When Contractor personnel are telework-ready, they are expected to perform work at his/her 

telework location for the entire tour of duty in accordance with the contract hours of operation. 

All contractor personnel must provide emergency contact information and the place of telework 

location to the COR. 

C.8.5 After-hours Support

The Contractor may be required to assist in emergent support services after the normal hours of

operation, which may include weekends and holiday at no additional cost to the Government. 

The Contractor may be given advanced notification by the COR, or Contractor may provide an 

advance request for COR approval.

C.9 Quality Control Plan

The Contractor shall develop and maintain an effective quality assurance control plan, including 

but not limited to a complete QCP to ensure services are performed in accordance with this 

PWS. The Contractor shall develop and implement procedures to identify, prevent, and ensure 

non-recurrence of defective services. The Contractor’s quality control program is the means by 

which it assures itself that the work performed under the contract complies with the requirement 

of the contract. At a minimum, the Contractor shall develop written quality control procedures 

that address the areas identified in the “Performance Requirements Summary Matrix” below. 

Contractor shall provide QCP prior to contract performance. The Contractor shall comply with 

the QCP during the period of performance of this contract.

Services will be accepted by Treasury on a monthly basis by certification of the monthly invoice. 

All required reports, deliverables and performance objectives must be fulfilled in order to obtain 

acceptance. Acceptance will constitute 100% payment. Non-acceptance may result in 

negotiation of a credit commensurate with the negative impact on the Treasury mission resulting 

from the reduced level of performance. The amount of the credit will be negotiated at the time of 

non-acceptance. Failure to agree on a credit amount will be considered a dispute in accordance 

with the Disputes Clause. To assure quality standards are met, the Contractor shall meet with the 

COR, or designee, at least on a monthly basis to discuss all performance issues.
BPA 2032H320A00008 Page 16 of 39

C.9.1 Performance Requirements Summary (PRS) Matrix

Performance 

Objective Standard Performance Acceptable Quality Levels

Government 

Surveillance

Incentives / 

Disincentives

Design & 

Development

Contractor shall 

perform activity within

the timeframe directed 

by the Government; 

deliver completed plan 

timely as addressed in 

the PWS; and address 

questions or requests 

from the Government 

within 5 business days.

100% Accuracy – The

Government will

consider errors;

misleading statements;

and incomplete,

irrelevant information,

excessive rhetoric, or

repetition as 

deficiencies.

100% review Government will provide 

comments and

Contractor will reconcile

or incorporate all

comments until

deliverable is acceptable

to include producing

additional draft 

deliverables at no 

additional cost to the 

Government. Adverse 

past performance history.

Operation & 

Monitoring

Contractor shall 

perform activity within 

the timeframe directed 

by the Government; 

deliver completed plan 

timely as addressed in 

the PWS; and address 

questions or requests 

from the Government 

within 5 business days.

100% Accuracy – The

Government will

consider errors;

misleading statements;

and incomplete,

irrelevant information,

excessive rhetoric, or

repetition as 

deficiencies.

100% review Government will provide 

comments and

Contractor will reconcile

or incorporate all

comments until

deliverable is acceptable

to include producing

additional draft 

deliverables at no 

additional cost to the 

Government. Adverse 

past performance history.

C.10 Period of Performance

The period of performance for this BPA is for a 12-month base period and a 12-month option 

period for a total of 24 months. Call orders placed under this BPA will have individual period of 

performances.

C.11 Organizational Conflict of Interest

Contractor and subcontractor personnel performing work under this contract may receive, have 

access to or participate in the development of proprietary or source selection information (e.g., 

cost or pricing information, budget information or analyses, specifications or work statements, 

etc.) or perform evaluation services which may create a current or subsequent Organizational 

Conflict of Interests (OCI) as defined in FAR Subpart 9.5. The Contractor shall notify the 

Contracting Officer immediately whenever it becomes aware that such access or participation 

may result in any actual or potential OCI and shall promptly submit a plan to the Contracting 

Officer to avoid or mitigate any such OCI. The Contractor’s mitigation plan will be determined 

to be acceptable solely at the discretion of the Contracting Officer and in the event the 

Contracting Officer unilaterally determines that any such OCI cannot be satisfactorily avoided or 
BPA 2032H320A00008 Page 17 of 39

mitigated, the Contracting Officer may affect other remedies as he or she deems necessary, 

including prohibiting the Contractor from participation in subsequent contracted requirements 

which may be affected by the OCI.

C.12 Section 508 Compliance

All electronic and information technology (EIT) changes recommended as a result of any

performance through this BPA must adhere to the applicable accessibility standards at 36 CFR 

1194, unless an agency exception to this requirement exists. 36 CFR 1194 implements Section 

508 of the Rehabilitation Act of 1973, as amended, and is viewable at

http://www.section508.gov.

C.13 Security Requirements

The clauses listed below apply to the Prime Contractor and any of its subcontractors employed 

during the course of this contract. The clauses below also apply to tasks, work requests or other 

identified method of requesting work be performed that flow from this document. No Contractor 

personnel may perform any work under this Contract until the Government grants specific 

permission to do so, regardless of existing clearance or investigation.

This Contract is categorized as unclassified at the Moderate (Tier 2/MBI) Level. This Contract 

does not have Tasks that require different levels of investigations. 

Contractors are required to comply with the Treasury Directive P 15-71, Treasury Security 

Manual in the handling, protection, and safeguarding of government information in their 

possession. The TD P 15-71 will be followed as it specifies Treasury-specific personnel, 

physical, industrial and information security policy, processes and requirements that apply to this 

contract. 

General Security:

Department of Treasury, otherwise known as the Department, retains the right to request removal 

of Contractor personnel, regardless of prior clearance or adjudication status, whose actions, 

while assigned to this contract, clearly conflict with the interest of the Government. Lack of the 

ability to obtain or maintain the required investigation level is included in the reasons the 

Department may remove a contractor employee. The reason for removal shall be documented in 

writing by the Contracting Officer. Additionally, the Contractor must notify the OSP of all 

terminations/resignations within 24 hours of occurrence. When and if such removal occurs, the 

Contractor is responsible for assigning qualified replacement personnel in a timely manner or 

ensuring that performance of the contract is not adversely affected. The Contractor shall return 

all Departmentally issued identification cards, building passes, keys, and any other government 

issued material of those terminated employees to the COR. If government issued material is not 

available to be returned, a report must be submitted to the COR referencing the number, name of

individual to whom it was issued, the last known location, and disposition of the items. Failure to

return government materials may result in remedial actions against the contractor. Contractor 

personnel shall visibly wear Departmentally issued identification badges when working in 
BPA 2032H320A00008 Page 18 of 39

Government facilities. If any current or prospective employee is found to be ineligible for access 

to Government facilities or information by the Department, the COR will notify the contractor 

that the employee shall not continue to work or to be assigned to work under the contract. The 

Department may require drug screening for probable cause at any time. The contractor must also 

ensure that, prior to the end of the contract, all Departmental information, systems and 

equipment is returned to the appropriate Department personnel. All contractors must be vetted 

and approved by OSP prior to beginning work on any portion of this contract.

Any employee assigned to support the Department shall comply with Personal Identity 

Verification One and Two (PIV-1, PIV-2) requirements as described in Homeland Security 

Presidential Directive 12 (HSPD-12), “Policy for a Common Identification Standard for Federal 

Employees and Contractors,” and “Federal Information Processing Standard 201, Personal

Identity Verification Standards for Federal Employees and Contractors,” dated August 2013. 

T2/Moderate Risk contract employees must be a U.S. Citizen or Lawful Permanent Resident 

Alien with at least three or more years of U.S. residency from the legal entry date in the U.S.. 

Contractor personnel will have access to Department facilities, information and equipment 

limited to that which is needed to perform contract scope.

The Contractor shall provide the CO the name of all entities to be used as subcontractors for each 

type of work to be performed prior to performing any work under this contract in accordance 

with the FAR Subpart 44.2. The Government reserves the right to accept or reject any 

subcontractors proposed. Contractors should not serve as the escort for their subcontractors or for 

any other contractor; escorts used should be Departmental Federal employees. 

The Contractor is responsible for obtaining the approval of the CO prior to release of any 

information received or generated under the contract per 48 CFR 252.204-7000. The CO should 

complete this item as required by internal agency directives to direct the prime contractor to the 

appropriate office that has public release authority. Prime contractors should serve as focal point 

for their subcontractors’ public release requests and refer them to the CO. SBU (also known as 

Controlled Unclassified Information (CUI)) must be protected in accordance with EO 13556, 32 

CFR 2002 (full implementation expected to be reached in November 2018), and Treasury 

Security Manual (TD P 15-71). For Official Use Only must be protected in accordance with the

providing Agency’s directives. Data contained within all Department computer systems are 

governed by Agency Security Regulations as well as the Federal Privacy Act of 1974. Contractor 

personnel assigned to this project will be held accountable for adherence to these regulations. If 

the security classification or security requirements are changed by the Government subsequent to 

the date of this Contract, and if the changes cause an increase or decrease in security costs or 

otherwise affects any other term or condition of this Contract, any resulting financial burden will 

be the sole responsibility of the Contractor.

Contractors and their subcontractors must perform all initial, annual, contemporaneous, 

specialized and termination training required per Department guidance and TD P 15-71 as 

appropriate for their position. This is in addition to any training their company requires them to 

have. 
BPA 2032H320A00008 Page 19 of 39

Per the TD P 15-71, the Contractor shall report to the COR within 24 hours any adverse 

information coming to its attention concerning employees working under this contract, to include 

loss or suspension of favorable adjudication, or security issues involving the scope being 

completed for the contract. Reports based on rumor or innuendo should not be made. The 

subsequent termination of an employee does not obviate the requirement of the contractor to 

submit this report. The report shall include each employee’s name, social security number, and 

the adverse information. The Contractor shall also report within 24 hours any event the 

Contractor becomes aware of that would be deemed a potential security incident, violation or any 

compromise involving Treasury systems, material, or data or systems with Treasury material or 

data on them. The Contractor shall comply with all Federal laws and regulations regarding 

computer security, information security and privacy.

While the Contractor’s personnel are at the government facility, the Contractor is responsible for 

compliance with all laws, rules, and regulations governing conduct with respect to security – not 

only as they relate to its employees and agents, but also to other personnel who are government 

employees or agents of the government and to property at the site regardless of ownership. While 

on government premises and in possession of government property, the Contractor is responsible 

for such property and any damages or compromise thereto by Contractor’s employees. The 

Contractor and its employees shall exercise the utmost discretion in regard to all matters relating 

to their duties and functions, and in the safeguarding of pre-decisional or sensitive information 

(privacy, etc.) from inadvertent release. At the completion of the contract vehicle, the Contractor 

shall send a written notice from the authorized principle of the company attesting that all file 

records pertaining to this contract in possession of the Contractor was destroyed.

The Contractor will avoid any improprieties located in FAR Part 3 and 52.203-16 regarding 

gratuities, kickbacks, conflicts of interest and other ethics issues.

Work on this contract may require personnel to have access to private information covered by 

the Privacy Act, Title 5 of the U.S. Code, Section 552a (in addition to other types of non-public 

information). All Contractor personnel shall adhere to the requirements of the Privacy Act as 

well as any applicable Department or Federal rule/regulation regarding private information or 

other types of non-public information.

As a condition for access for Government‐Owned Systems and data, all Contractor personnel 

must pass background investigations in accordance with OMB Circular A‐130 which requires 

screening of all individuals involved with sensitive applications or data in Federal automated 

information systems.

Contractor will abide by requirements set forth in the applicable guidance for the protection of 

unclassified information. If Contractor fails to follow requirements above, this may result in 

revocation of favorable public trust adjudication for offending employees and potential negative 

actions against the contract vehicle itself.

Per FAR 52.222-54, the contractor is required to comply with enrollment and verification 

requirements for all contractors except those previously verified by acceptable means.
BPA 2032H320A00008 Page 20 of 39

The Contractor agrees and understands that the latest version (if superseded) of the U.S.C., 

CFRs, Executive Orders, Treasury policies and all other government issued documents that are 

referenced above will be followed.
BPA 2032H320A00008 Page 21 of 39

SECTION IV – CONTRACT CLAUSES

The following clauses are incorporated by full text:

NOTE: TERMS AND CONDITIONS ARE NOT FULLY LISTED IN THIS BPA. 

PLEASE REFERENCE THE RESPONDING VENDOR'S FSS SCHEDULE FOR 

APPLICABLE CLAUSES

FAR 52.217-8 – Option to Extend Services (Nov 1999)

The Government may require continued performance of any services within the limits and at the

rates specified in the contract. These rates may be adjusted only as a result of revisions to

prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised 

more than once, but the total extension of performance hereunder shall not exceed 6 months. The 

Contracting Officer may exercise the option by written notice to the Contractor within 10 days of 

contract expiration.

(End of Clause)

FAR 52.217-9 – Option to Extend the Term of the Contract (Mar 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor 

within 30 days; provided that the Government gives the Contractor a preliminary written notice

of its intent to extend at least 60 days before the contract expires. The preliminary notice does 

not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include 

this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, 

shall not exceed 24 months.

(End of clause)

DTAR 1052.201-70 – Contracting Officer’s Representative (COR) Designation and

Authority (Apr 2015)

(a) The COR is Thomas Funkhouser, 202-622-1496, Thomas.Funkhouser@treasury.gov

(b) Performance of work under this contract is subject to the technical direction of the COR 

identified above, or a representative designated in writing. The term “technical direction” 

includes, without limitation, direction to the contractor that directs or redirects the labor effort, 

shifts the work between work areas or locations, and/or fills in details and otherwise serves to 

ensure that tasks outlined in the work statement are accomplished satisfactorily.
BPA 2032H320A00008 Page 22 of 39

(c) Technical direction must be within the scope of the contract specification(s)/work statement. 

The COR does not have authority to issue technical direction that:

(1) Constitutes a change of assignment or additional work outside the contract 

specification(s)/work statement;

(2) Constitutes a change as defined in the clause entitled “Changes”;

(3) In any manner causes an increase or decrease in the contract price, or the time required for 

contract performance;

(4) Changes any of the terms, conditions, or specification(s)/work statement of the contract;

(5) Interferes with the contractor's right to perform under the terms and conditions of the 

contract; or

(6) Directs, supervises or otherwise controls the actions of the Contractor's employees.

(d) Technical direction may be oral or in writing. The COR must confirm oral direction in 

writing within five workdays, with a copy to the Contracting Officer.

(e) The Contractor shall proceed promptly with performance resulting from the technical 

direction issued by the COR. If, in the opinion of the Contractor, any direction of the COR or the 

designated representative falls within the limitations of (c) above, the Contractor shall 

immediately notify the Contracting Officer no later than the beginning of the next Government 

work day.

(f) Failure of the Contractor and the Contracting Officer to agree that technical direction is 

within the scope of the contract shall be subject to the terms of the clause entitled ``Disputes.''

(End of clause)

DTAR 1052.210-70 – Contractor Publicity (Apr 2015)

The Contractor, or any entity or representative acting on behalf of the Contractor, shall not refer 

to the supplies or services furnished pursuant to the provisions of this contract in any news 

release or commercial advertising, or in connection with any news release or commercial 

advertising, without first obtaining explicit written consent to do so from the Contracting Officer. 

Should any reference to such supplies or services appear in any news release or commercial 

advertising issued by or on behalf of the Contractor without the required consent, the 

Government shall consider institution of all remedies available under applicable law, including

31 U.S.C. 333, and this contract. Further, any violation of this clause may be considered as part 

of the evaluation of past performance.

(End of clause)
BPA 2032H320A00008 Page 23 of 39

DTAR 1052.212-4 - Contract Terms and Conditions-Commercial Items (Alternate II) 

(Deviation 2016-00001) (Apr 2018)

(e) Definitions. 

(1) The clause at FAR 52.202-1, Definitions, is incorporated herein by reference. 

(2) As used in this clause, "Commercial supplier agreements" means terms and conditions 

customarily offered to the public by vendors of supplies or services that meet the definition of 

commercial item set forth in FAR 2.101and intended to create a binding legal obligation on the 

end user. Commercial supplier agreements (CSA) are particularly common in information 

technology acquisitions, including acquisitions of commercial computer software and 

commercial technical data, but they may apply to any supply or service. The term applies-

(i) Regardless of the format or style of the document. For example, a CSA may be styled as 

standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), 

or another similar legal instrument or agreement, and may be presented as part of an offer or 

quotation responding to a solicitation; 

(ii) Regardless of the media or delivery mechanism used. For example, a CSA may be presented

as one or more paper documents or may appear on a computer or other electronic device screen 

during a purchase, software installation, other product delivery, registration for a service, or

another transaction.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by 

giving precedence in the following order:

(1) The schedule of supplies/services. 

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws 

Unique to Government Contracts, Unauthorized Obligations, and Commercial Supplier 

Agreements-Unenforceable Clauses 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. 
BPA 2032H320A00008 Page 24 of 39

(9) The specification. 

(u) Unauthorized Obligations 

(1) Except as stated in paragraph (e) of this clause, when any supply or service acquired under 

this contract is subject to any CSA as defined in DTAP 1002.101, that includes any language, 

provision, or clause requiring the Government to indemnify the Contractor or any person or 

entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency

Act violation (31 U.S.C. 1341), the following shall govern: 

(i) Any such language, provision, or clause is unenforceable against the Government. 

(iii) Neither the Government nor any Government authorized end user shall be deemed to have 

agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I 

agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" 

agreements), execution does not bind the Government or any Government authorized end user to 

such clause.

(iv) Any such language, provision, or clause is deemed to be stricken from the CSA. 

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is 

expressly authorized by statute and specifically authorized under applicable agency regulations 

and procedures.

(w) Commercial supplier agreements -unenforceable clauses. When any supply or service 

acquired under this contract is subject to a CSA, the following language shall be deemed 

incorporated into the CSA. As used herein, "this agreement" means the CSA: 

(1) Notwithstanding any other provision of this agreement, when the end user is an agency or 

instrumentality of the Government, the following shall apply: 

(i) Applicability. This agreement is a part of a contract between the commercial supplier and the 

Government for the acquisition of the supply or service that necessitates a license (including all

contracts, task orders, and delivery orders under FAR part 12). 

(ii) End user. This agreement shall bind the Government as end user but shall not operate to bind 

a Government employee or person acting on behalf of the Government in his or her personal 

capacity. 

(iii) Law and disputes. This agreement is governed by Federal law.

(A) Any language purporting to subject the Government to the laws of a U.S. state, U.S. 

territory, district, or municipality, or a foreign nation, except where Federal law expressly 

provides for the application of such laws, is hereby deleted. 
BPA 2032H320A00008 Page 25 of 39

(B) Any language requiring dispute resolution in a specific forum or venue that is different from 

that prescribed by applicable Federal law is hereby deleted. 

(C) Any language prescribing a different time period for bringing an action than that prescribed 

by applicable Federal law in relation to a dispute is hereby deleted. 

(iv) Continued performance. The supplier or licensor shall not unilaterally revoke, terminate, or 

suspend any rights granted to the Government except as allowed by this contract. If the supplier 

or licensor believes the Government to be in breach of the agreement, it shall pursue its rights 

under the Contract Disputes Act or other applicable Federal statute while continuing 

performance as set forth in paragraph (d) of this clause. 

(v) Arbitration; equitable or injunctive relief. In the event of a claim or dispute arising under or 

relating to this agreement, a binding arbitration shall not be used unless specifically authorized 

by agency guidance, and equitable or injunctive relief, including the award of attorney fees, costs 

or interest, may be awarded against the Government only when explicitly provided by statute 

(e.g., Prompt Payment Act or Equal Access to Justice Act). 

(vi) Updating terms. 

(A) After award, the contractor may unilaterally revise terms if they are not material. A material

change is defined as: 

(1) Terms that change Government rights or obligations; 

(2) Terms that increase Government prices; 

(3) Terms that decrease overall level of service; or 

(4) Terms that limit any other Government right addressed elsewhere in this contract. 

(5) Terms do not limit any other Government rights addressed elsewhere in this contract. 

(B) For revision that will materially change the terms of the contract, the revised commercial 

supplier agreement must be incorporated into the contract using a bilateral modification.

(C) Any agreement terms or conditions unilaterally revised subsequent to award that are 

inconsistent with any material term or provision of this contract shall not be enforceable against 

the Government, and the Government shall not be deemed to have consented to them. 

(vii) No automatic renewals. If any license or service tied to periodic payment is provided under

this agreement (e.g., annual software maintenance or annual lease term), such license or service 

shall not renew automatically upon expiration of its current term without prior express consent 

by an authorized Government representative. 
BPA 2032H320A00008 Page 26 of 39

(viii) Indemnification. Any clause of this agreement requiring the commercial supplier or 

licensor to defend or indemnify the end user is hereby amended to provide that the U.S. 

Department of Justice has the sole right to represent the United States in any such action, in

accordance with 28 U.S.C.516.

(ix) Audits. Any clause of this agreement permitting the commercial supplier or licensor to audit 

the end user's compliance with this agreement is hereby amended as follows: 

(A) Discrepancies found in an audit may result in a charge by the commercial supplier or 

licensor to the Government. Any resulting invoice must comply with the proper invoicing 

requirements specified in the underlying Government contract or order.

(B) This charge, if disputed by the Government, will be resolved through paragraph (d) of this 

clause; no payment obligation shall arise on the part of the Government until the conclusion of 

the dispute process. 

(C) Any audit requested by the commercial supplier or licensor will be performed at the 

commercial supplier’s or licensor’s expense, without reimbursement by the Government and 

must be performed within the parameters of the Government’s security procedures. 

(D) The Contractor must notify the Contracting Officer of any audit request. 

(x) Taxes or surcharges. Any taxes or surcharges which the commercial supplier or licensor 

seeks to pass along to the Government as end user will be governed by the terms of the 

underlying Government contract and, in any event, must be submitted to the Contracting Officer 

for a determination of applicability prior to invoicing unless specifically agreed to otherwise in 

the underlying contract. 

(xi) Non-assignment. This agreement may not be assigned, nor may any rights or obligations 

thereunder be delegated, without the Government's prior approval, except as expressly permitted

under paragraph (b) of this clause. 

(xii) Confidential information. If this agreement includes a confidentiality clause, such clause is 

hereby amended to state that neither the agreement nor the contract price, as applicable, shall be 

deemed "confidential information." Issues regarding release of "unit pricing "will be resolved 

consistent with the Freedom of Information Act. Notwithstanding anything in this agreement to 

the contrary, the Government may retain any confidential information as required by law, 

regulation or its internal document retention procedures for legal, regulatory or compliance 

purposes; provided, however, that all such retained confidential information will continue to be 

subject to the confidentiality obligations of this agreement. 

(2) If any language, provision, or clause of this agreement conflicts or is inconsistent with the 

preceding paragraph (w)(1) of this clause, the language, provisions, or clause of paragraph (w)(1) 

of this clause shall prevail to the extent of such inconsistency.

(End of Clause)
BPA 2032H320A00008 Page 27 of 39

DTAR 1052.222-70 – Minority and Women Inclusion (Jan 2016)

(a) Contractor confirms its commitment to equal opportunity in employment and contracting. To 

implement this commitment, the Contractor shall ensure, to the maximum extent possible 

consistent with applicable law, the fair inclusion of minorities and women in its workforce. The 

Contractor shall insert the substance of this clause in all subcontracts awarded under this contract 

whose dollar value exceeds $150,000. Within ten business days of a written request from the 

Contracting Officer, or such longer time as the Contracting Officer determines, and without any 

additional consideration required from the Agency, the Contractor shall provide documentation, 

satisfactory to the Agency, of the actions it (and as applicable, its subcontractors) has undertaken 

to demonstrate its good faith effort to comply with the aforementioned provisions. For purposes 

of this contract, “good faith effort” may include actions by the Contractor intended to identify 

and, if present, remove barriers to minority and women employment or expansion of 

employment opportunities for minorities and women within its workforce. Efforts to remove 

such barriers may include, but are not limited to, recruiting minorities and women, providing 

job-related training, or other activity that could lead to those results.

(b) The documentation requested by the Contracting Officer to demonstrate “good faith effort”

may include, but is not limited to, one or more of the following—

(1) The total number of Contractor's employees, and the number of minority and women 

employees, by race, ethnicity, and gender (e.g., an EEO-1);

(2) A list of subcontract awards under the contract that includes: Dollar amount, date of award, 

and subcontractor's race, ethnicity, and/or gender ownership status;

(3) Information similar to that required in paragraph (b)(1) of this clause, with respect to each 

subcontractor; and/or

(4) The Contractor's plan to ensure that minorities and women have appropriate opportunities to 

enter and advance within its workforce, including outreach efforts.

(c) Consistent with Section 342(c)(3) of the Dodd-Frank Wall Street Reform and Consumer

Protection Act (Pub. L. 111-203) (Dodd-Frank Act), a failure to demonstrate to the Director of 

the Agency's Office of Minority and Women Inclusion such good faith efforts to include 

minorities and women in the Contractor's workforce (and as applicable, the workforce of its 

subcontractors), may result in termination of the contract for default, other contractual remedies, 

or referral to the Office of Federal Contract Compliance Programs (OFCCP). Compliance with 

this clause does not, however, necessarily satisfy the requirements of Executive Order 11246, as 

amended, nor does it preclude OFCCP compliance evaluations and/or enforcement actions 

undertaken pursuant to that Executive Order.

(d) For purposes of this clause, the terms “minority,” “minority-owned business,” and “womenowned business” shall have the meanings set forth in Section 342(g) of the Dodd-Frank Act.

(End of Clause)
BPA 2032H320A00008 Page 28 of 39

DTAR 1052.232-39 Unenforceability of Unauthorized Obligations. (Deviation 00002)(April

2018)

(a) Definition. As used in this clause-

"Commercial supplier agreements" means terms and conditions customarily offered to the public 

by vendors of supplies or services that meet the definition of commercial item set forth in FAR 

2.101 and intended to create a binding legal obligation on the end user. Commercial supplier 

agreements (CSA) are particularly common in information technology acquisitions, including

acquisitions of commercial computer software and commercial technical data, but they may 

apply to any supply or service. The term applies-

(1) Regardless of the format or style of the document. For example, a CSA may be styled as

standard terms of sale or lease, Terms of Service (TOS), End User License Agreement (EULA), 

or another similar legal instrument or agreement, and may be presented as part of an offer or 

quotation responding to a solicitation;

(2) Regardless of the media or delivery mechanism used. For example, a CSA may be presented 

as one or more paper documents or may appear on a computer or other electronic device screen

during a purchase, software installation, other product delivery, registration for a service, or 

another transaction.

(b) Except as stated in paragraph (c) of this clause, when any supply or service acquired under

this contract is subject to any CSA, that includes any language, provision, or clause requiring the 

Government to pay any future fees, penalties, interest, legal costs or to indemnify the Contractor 

or any person or entity for damages, costs, fees, or any other loss or liability that would create an 

Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(1) Any such language, provision, or clause is unenforceable against the Government.

(2) Neither the Government nor any Government authorized end user shall be deemed to have 

agreed to such clause by virtue of it appearing in the CSA. If the CSA is invoked through an "I 

agree" click box or other comparable mechanism (e.g., "click-wrap" or "browse-wrap" 

agreements), execution does not bind the Government or any Government authorized end user to

such clause.

(3) Any such language, provision, or clause is deemed to be stricken from the CSA.
BPA 2032H320A00008 Page 29 of 39

(c) Paragraph (b) of this clause does not apply to indemnification or any other payment by the 

Government that is expressly authorized by statute and specifically authorized under applicable 

agency regulations and procedures.

(End of clause)

IR 1052.239-9000 - Section 508 Information, Documentation and Support (Dec 2019)

In accordance with 36 CFR, Appendix C to Part 1194, the information and communication 

technology (ICT) products and product support services documentation furnished in performance 

of this contract shall be provided at no additional cost. The contractor shall provide information, 

documentation, and support relative to the supplies and services as described in the statement of 

work, performance work statement or statement of objectives (select one). The following 

technical standards and provisions have been determined to be applicable to this contract:

Chapter 6: Support Documentation and Services

X 601 General

X 601.1

X 602 Support Documentation

X 602.1 X 602.2 X 602.3 X 602.4

X 603 Support Services

X 603.1 X 603.2 X 603.3

(End of clause)

IR 1052.239-9001 - Section 508 Conformance (Dec 2019)

Each information and communication technology (ICT) product and/or product related service 

delivered under the terms of this contract, at a minimum, shall conform to the applicable

accessibility standards at 36 CFR, Appendix C to Part 1194 at the level of conformance as 

specified in the Attachment entitled, (Please state where attachment may be found).

The following technical standards have been determined to be applicable to this contract:

___ Chapter 4: Hardware

___ 401 General

___ 401.1
BPA 2032H320A00008 Page 30 of 39

___ 402 Closed Functionality

___ 402.1 ___ 402.2(1-6) ___ 402.3 ___ 402.4 ___ 402.5

___ 403 Biometrics

___ 403.1

___ 404 Preservation of Information Provided for Accessibility

___ 404.1

___ 405 Privacy

___ 405.1

___ 406 Standard Connections

___ 406.1

___ 407 Operable Parts

___ 407.1 ___ 407.2 ___ 407.3 ___ 407.4 ___ 407.5 ___ 407.6 ___ 407.7 ___ 407.8

___ 408 Display Screens

___ 408.1 ___ 408.2 ___ 408.3

___ 409 Status Indictors

___ 409.1

___ 410 Color Coding

___ 410.1

___ 411 Audible Signals

___ 411.1

___ 412 ICT with Two-Way Communication

___ 412.1 ___ 412.2 ___ 412.3 ___ 412.4 ___ 412.5 ___ 412.6 ___ 412.7

___ 413 Closed Caption Processing Technologies
BPA 2032H320A00008 Page 31 of 39

___ 413.1

___ 414 Audio Description Processing Technologies

___ 414.1

___ 415 User Controls for Captions and Audio Descriptions

___ 415.1

__ Chapter 5: Software

__ 501 General

__ 501.1

__ 502 Interoperability with Assistive Technology

__ 502.1 __ 502.2 __ 502.3 __ 502.4(A-G)

__ 503 Applications

__ 503.1 __ 503.2 __ 503.3 __ 503.4

__ 504 Authoring Tools

__ 504.1 __ 504.2 __ 504.3 __ 504.4

X Chapter 7: Referenced Standards

X 701 General

X 701.1

X 702 Incorporation by Reference

X 702.1 ___ 702.2 __ 702.3 __ 702.4 ___ 702.5 ___ 702.6 ___ 702.7 ___ 702.8 ___ 702.9

X 702.10

The standards do not require the installation of specific accessibility-related software or the 

attachment of an assistive technology device, but merely require that the ICT be compatible with 

such software and devices so that it can be made accessible if so required by the agency in the 

future.

The following functional performance criteria (36 CFR Chapter 3) apply to this contract.
BPA 2032H320A00008 Page 32 of 39

X Chapter 3: Functional Performance Criteria

X 301 General

X 301.1

X 302 Functional Performance Criteria

X 302.1 X 302.2 X 302.3 X 302.4 X 302.5 X 302.6 X 302.7 X 302.8 X 302.9

(End of clause)

IR 1052.239.9002 Section 508 Services (Dec 2019)

All contracts, solicitations, purchase orders, delivery orders and interagency agreements that 

contain a requirement of services which will result in the delivery of a new or updated 

information and communication technology (ICT) item/product must conform to the applicable 

provisions of the appropriate technical standards in 36 CFR, Appendix C to Part 1194, and 

functional performance criteria in 36 CFR Chapter 3, unless an agency exception to this 

requirement exists at E202 General Exceptions.

The following technical standards and provisions have been determined to be applicable to this 

contract:

___ Chapter 4: Hardware

___ 401 General

___ 401.1

___ 402 Closed Functionality

___ 402.1 ___ 402.2(1-6) ___ 402.3 ___ 402.4 ___ 402.5

___ 403 Biometrics

___ 403.1

___ 404 Preservation of Information Provided for Accessibility

___ 404.1

___ 405 Privacy

___ 405.1 
BPA 2032H320A00008 Page 33 of 39

___ 406 Standard Connections

___ 406.1

___ 407 Operable Parts

___ 407.1 ___ 407.2 ___ 407.3 ___ 407.4 ___ 407.5 ___ 407.6 ___ 407.7 ___ 407.8

___ 408 Display Screens

___ 408.1 ___ 408.2 ___ 408.3

___ 409 Status Indictors

___ 409.1

___ 410 Color Coding

___ 410.1

___ 411 Audible Signals

___ 411.1

___ 412 ICT with Two-Way Communication

___ 412.1 ___ 412.2 ___ 412.3 ___ 412.4 ___ 412.5 ___ 412.6 ___ 412.7

___ 413 Closed Caption Processing Technologies

___ 413.1

___ 414 Audio Description Processing Technologies

___ 414.1

___ 415 User Controls for Captions and Audio Descriptions

___ 415.1

___ Chapter 5: Software

___ 501 General

___ 501.1
BPA 2032H320A00008 Page 34 of 39

___ 502 Interoperability with Assistive Technology

___ 502.1 ___ 502.2 ___ 502.3 ___ 502.4(A-G)

___ 503 Applications

___ 503.1 ___ 503.2 ___ 503.3 ___ 503.4

___ 504 Authoring Tools

___ 504.1 ___ 504.2 ___ 504.3 ___ 504.4

X Chapter 7: Referenced Standards

X 701 General

X 701.1

X 702 Incorporation by Reference

X 702.1 __ 702.2 __ 702.3 __ 702.4 __ 702.5 __ 702.6 __ 702.7 __ 702.8 __ 702.9

X 702.10

The standards do not require the installation of specific accessibility-related software or the 

attachment of an assistive technology device, but merely require that the ICT be compatible with 

such software and devices so that it can be made accessible if so required by the agency in the

future.

The following functional performance criteria (36 CFR Chapter 3) apply to this contract.

X Chapter 3: Functional Performance Criteria

X 301 General

X 301.1

X 302 Functional Performance Criteria

X 302.1 X 302.2 X 302.3 X 302.4 X 302.5 X 302.6 X 302.7 X 302.8 X 302.9

(End of clause)
BPA 2032H320A00008 Page 35 of 39

Order Administration

In no event shall any understanding or agreement, order modification, change order, or other 

matter in deviation from the terms of this order between the Contractor and a person other than

the Contracting Officer be effective or binding upon the Government. 

The Contracting Officer is the only person authorized to make or approve any changes in any of 

the requirements of this order and, notwithstanding any provisions contained elsewhere in this 

order, the said authority remains solely with the Contracting Officer. 

In the event the Contractor makes any changes at the discretion of any person other than the 

Contracting Officer, the change will be considered to have been made without authority and no 

adjustment will be made in the order price to cover any increase in the costs incurred as a result 

thereof.

(End of Clause)