15 RFQ 2032H8-23-R-00009_ 1449_with Sol_v3.pdf

6/8/2023

6/21/2023240-383-2552 x x x 1x

Annette Jones-Lumpkin

Differential Privacy

See Attached schedule(s)

Invoices must be submitted via the Invoice Processing Platform at www.ipp.gov

2032H8-23-R-00009

Differntial Privacy FY 23

Table of Contents

DESCRIPTION PAGE NUMBERS

SECTION I CONTRACT LINE ITEMS

SECTION II OVERVIEW…

SECTION III Performance Work Statement (PWS) ........................4 - 9

SECTION VI CLAUSES AND PROVISIONS ........................... …. 10 - 75

SECTION V PROPOSAL INSTRUCTIONS……………………………..…76 - 80

SECTION VI EVALUATION METHODS…………………………………..81 - 85

Quality Assurance Surveillance Plan (QASP)…………………….Attachment 1

Past Performance Reference Form…………………………………Attachment 2

Section I – Contract Line Items

Base Period: June 26, 2023 – June 25, 2024 CLIN# Description Unit Price Total Price 0001 FY 23 Differential Privacy EA

Section II

2.1 Overview

i. This section contains the price structure for the Internal Revenue Service to obtain Differential Privacy (Support for Creating a Public DataSet for Dept of Education’s College Scorecard) for the IRS’ Office of Research and Analysis and Statistics (RAAS), as described in the Performance Work Statement (PWS). All prices shall conform to the format and structure defined herein. Any equipment, material, facility, site preparation, or service required in the performance of this contract for which a price is not specifically identified in the price tables will be considered to be included in the price of another item or provided at no cost to the Government, except as otherwise provided for in this contract.

The Offeror may waive any charge at any time,

2.2 Contract Type

i. This is a Firm Fixed Price (FFP) requirement. This acquisition will be conducted under the authority of 10 U.S.C. 3201 and 41 U.S.C. 3301, using FAR Part 15 – Contracting by Negotiation.

2.3 Period of Performance

Base Period: June 26, 2023 through June 25, 2024

Performance Work Statement Office of Research Analysis and Statistics (RAAS)Internal Revenue Service (IRS)

Support for Creating a Public Dataset for the Department of Education’s College Scorecard

1. BACKGROUND

The Department of Education’s (ED) College Scorecard calculator is a tool that helps students compare post-graduation earnings across different universities and programs. IRS-Statistics of Income Division (SOI) contributes earnings data to the Scorecard for certain cohorts of students identified by ED’s Federal Student Aid office. Counts and median earnings are computed based on various indicators. Because the data resides on a public-facing website, it is imperative to protect the confidentiality of the Federal Tax Information (FTI) for individuals in the cohorts. Given the complexity of breakouts requested by ED, we will employ a statistical disclosure limitation methodology based on differentially private algorithms.

1.1. PURPOSE

Production of a public data set for the Department of Education College Scorecard.

1.2 AGENCY MISSION

SOI is one of 13 major Federal statistical agencies. The division’s four branches—Individual & Tax Exempt; Corporation, Partnership, and International; Information Management & Dissemination; and Statistical Services—are staffed primarily by economists, statisticians, computer specialists, and communication specialists. Collectively, about 140 employees are responsible for various SOI projects, including tax data related to individuals, estates, businesses, nonprofit organizations, trusts, and foreign investments. SOI uses both the Internet and a few traditional print publications to provide the public with data on the Federal tax system. It also has a Statistical Information Services staff, who respond to inquiries about SOI data

2. SCOPE

Contractor support to develop a calculator tool through which SOI can release multiple datasets comprising both counts and medians broken down by attributes (e.g., median earnings by college, program, etc.) under a common differentially privacy budget (epsilon) to maintain the confidentiality of FTI such that the output can be released on the Department of Education’s public-facing website.

3. OBJECTIVE

Apply statistical disclosure limitation methodology based on differentially private algorithms (code to run Python) to support the production of a public dataset for the Department of Education College Scorecard.

4. TASKS

The Contractor shall:

• Provide Python code to analyze, aggregate and add noise to aggregates computed from the raw data file comprising information from both ED and IRS.

• Work with IRS to run initial tests on the calculator and to configure and validate the schema on the IRS server.

• Provide IRS with a excel macros to estimate error rates for user-input breakouts at various epsilon levels.

• Provide IRS with Python code to run on a RAAS server that will allow IRS to define public outputs for multiple datasets; visualize the privacy-utility tradeoffs associated with the request; refine the requested tabulations or change the privacy loss budget requested; and to apply a differentially private mechanism customized to the release request and run on the sensitive data to generate the output release. The output will contain the noisy tabulations requested by the analyst as well as error estimates on the noisy values.

• Contractor will develop a customized interactive evaluation tool in the form of complex

Excel Macros for IRS-SOI allowing for adjustments in privacy loss budget parameter (epsilon), workload parameters, and suppression thresholds. This tool will compute counts of cell suppression, and relative and absolute error by different quantiles and statistics to support internal discussions on identifying the total and allocation of privacy budget.

• The contractor will develop a customized interactive evaluation tool in the form of complex

Excel Macros for ED allowing for adjustments in workload parameters and suppression thresholds. This tool will compute counts of cell suppression, and relative and absolute error by different quantiles and statistics to support on identifying the workload parameters and/or suppression threshold.

• Contractor will support post-delivery research to further improve privacy-utility balance in future versions of the College Scorecard. Continuing research would include, but not limited to, identifying alternative privatization algorithm that better preserve privacy in a mathematically rigorous sense.

• Provide documentation and/or a presentation to staff from the Dept of Education.

5. QUALITY CONTROL PLAN

The Contractor shall maintain and utilize a quality control plan which correlates to the Performance Requirements Summary and Quality Assurance Surveillance Plan throughout the life of the contract. The quality control plan must contain, at a minimum:

• A description of the inspection system to cover all services in the QASP. The description must include specifics as to the areas to be inspected on both a scheduled and unscheduled basis, frequency of inspection, and the title and organizational placement of the inspectors.

• A description of the methods used for identifying and preventing defects in the quality of service performed.

• A description of the records to be kept to document inspections and corrective or preventive actions taken.

The records must be kept and made available to the contracting officer, when requested, throughout the contract performance period and for the period after contract completion until final settlement of any claims under this contract.

6. PERIOD OF PERFORMANCE

The period of performance for this award will be one year, beginning TOA, and concluding one year later. There are no option years.

7. PLACE OF PERFORMANCE

A. Work will be performed at the Government’s facility located at 77 K Street, NE, Washington, D.C. or at an approved contractor facility. Work may also be performed via telework on an IRS-issued laptop. All work containing FTI will be completed on IRS-issued equipment.

B. There is no requirement for travel.

8. SECURITY REQUIREMENTS

All contractors must pass a standard background investigation and be issued a contractor badge. Due to the nature of this job, the contractor will need to access Taxpayer Return Information (TRI), Sensitive but Unclassified (SBU), and Personal Identifying Information (PII).

All Access to TRI, SBU, and PII will be done on IRS issued laptops. The contractor must complete all assigned mandatory briefings timely.

To maintain the security if IRS data and files, neither the contractor nor the subcontractor may release any information to any individual outside the Statistics of Income Division without explicit written prior approval.

9. DELIVERABLES AND DUE DATES

See item 12. Deliverables Table below for deliverables and due dates.

Statistics of Income shall have the right to reject or require corrections to a deliverable that does not address the requirements set forth in the description of the deliverables.

10. PROVIDE PROJECT MANAGEMENT

The contractor shall provide project management support. This includes the management and oversight of all activities performed by contractor personnel, including subcontractors, to satisfy the requirements identified in this Performance Work Statement (PWS).

11. COORDINATE A PROJECT KICK-OFF MEETING

The contractor shall schedule, coordinate, and host a Project Kick-Off Meeting at the location approved by the Government. The meeting shall provide an introduction between the contractor personnel and Government personnel who will be involved with the TO. The meeting shall provide the opportunity to discuss technical, management, and security issues, and travel authorization and reporting procedures. At a minimum, the attendees shall include the contractor’s Key Personnel, the Program Manager(s), other relevant Government personnel, the CO, and the COR.

At least one business day prior to the Project Kick-Off Meeting, the contractor shall provide a Project Kick-Off Meeting Agenda for review and approval by the COR and the PM prior to finalizing. The agenda shall include, at a minimum, the following topics/deliverables:

a. Points of Contact (POCs) for all parties.

b. Personnel discussion (i.e., roles and responsibilities and lines of communication between contractor and Government).

c. Project Staffing Plan and status.

d. Financial reporting and invoicing requirements.

The Government will provide the contractor with the number of Government participants for the Project Kick-Off Meeting, and the contractor shall provide copies of the presentation for all present.

The contractor shall draft and provide a Project Kick-Off Meeting Minutes Report documenting the Project Kick-Off Meeting discussion and capturing any action items.

12. DELIVERABLES TABLE

Statistics of Income shall have the right to reject or require corrections to a deliverable that does not address the requirements set forth in the description of the deliverables.

Del.

# Milestone - Deliverable Date of Completion or

Delivery Gov't Rights

1 Project Start NLT 1 business day after

TOA N/A

2 Project Kick-Off Meeting Agenda NLT 2 business days after

TOA N/A

3 Project Kick-Off Meeting NLT 3 business days after

TOA N/A

4 Project Kick-Off Meeting Minutes Report NLT 5 business days after

TOA N/A

5 Provide IRS with onboarding paperwork for contractors

NLT 9 business days after

TOA N/A

HCO to complete background investigations and provide Interim Staff Like Access Memo for contractors

NLT 19 business days after TOA N/A

Provide IRS with Python code to run on a RAAS server that will allow IRS to define public outputs for multiple datasets; visualize the privacy-utility tradeoffs associated with the request; refine the requested tabulations or change the privacy loss budget requested; and to apply a differentially private mechanism customized to the release request and run on the sensitive data to generate the output release. The output will contain the noisy tabulations requested by the analyst as well as error estimates on the noisy values. Use Python code to analyze, aggregate and add noise to aggregates computed from the raw data file comprising information from both ED and IRS.

NLT 30 business days after TOA N/A

Work with IRS to run initial tests on the calculator and to configure and validate the schema on the IRS server.

NLT 32-34 business days after TOA N/A

Provide IRS with excel macros to estimate error rates for user-input breakouts at various epsilon levels.

NLT 33 business days after TOA N/A

The contractor will assist SOI with data analysis and processing to create a public file for the Department of Education.

NLT 41 business days after TOA N/A

Contractor will develop a customized interactive evaluation tool in the form of complex Excel Macros for IRS-SOI allowing for adjustments in privacy loss budget parameter (epsilon), workload parameters, and suppression thresholds. This tool will compute counts of cell suppression, and relative and absolute error by different quantiles and statistics to support internal discussions on identifying the total and allocation of privacy budget.

NLT 5 business days before the end of the Period of Performance of the TO

N/A

The contractor will develop a customized interactive evaluation tool in the form of complex Excel Macros for ED allowing for adjustments in workload parameters and suppression thresholds. This tool will compute counts of cell suppression, and relative and absolute error by different quantiles and statistics to support on identifying the workload parameters and/or suppression threshold.

NLT 5 business days before the end of the Period of Performance of the TO

N/A

Contractor will support post-delivery research to further improve privacy-utility balance in future versions of the College Scorecard. Continuing research would include, but not limited to, identifying alternative privatization algorithm that better preserve privacy in a mathematically rigorous sense.

NLT 5 business days before the end of the Period of Performance of the TO

N/A

CLAUSES AND PROVISIONS

Section IV

ATTACHMENT B

PROVISIONS AND CLAUSES

FAR 52.252-1 Solicitation Provisions Incorporated by Reference (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es):

https://www.acquisition.gov/far/

NUMBER TITLE DATE

52.203-18

Prohibition On Contracting With Entities That Require Certain Internal Confidentiality Agreements Or Statements-Representation

JAN 2017

52.204-7 System For Award Management OCT 2018 52.204-16 Commercial And Government Entity Code Reporting AUG 2020 52.207-6 Solicitation Of Offers From Small Business Concerns

And Small Business Teaming Arrangements Or Joint Ventures (Multiple-Award Contracts)

DEC 2022

52.212-1 Instructions To Offerors – Commercial Products And Commercial Services

MAR 2023

52.212-4 Contract Terms And Conditions – Commercial Products And Commercial Services

DEC 2022

52.225-25

Prohibition On Contracting With Entities Engaging In Certain Activities Or Transactions Relating To Iran- Representation And Certifications.

JUN 2020

52.203-2 Certificate of Independent Price Determination (APR 1985)

(a) The offeror certifies that-

(1) The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other offeror or competitor relating to-

(i) Those prices;

(ii) The intention to submit an offer; or

(iii) The methods or factors used to calculate the prices offered.

(2) The prices in this offer have not been and will not be knowingly disclosed by the offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a sealed bid solicitation) or contract award (in the case of a negotiated solicitation) unless otherwise required by law; and http://www.arnet.gov/far/ http://www.arnet.gov/far/

(3) No attempt has been made or will be made by the offeror to induce any other concern to submit or not to submit an offer for the purpose of restricting competition.

(b) Each signature on the offer is considered to be a certification by the signatory that the signatory-

(1) Is the person in the offeror’s organization responsible for determining the prices being offered in this bid or proposal, and that the signatory has not participated and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; or

(2) (i) Has been authorized, in writing, to act as agent for the following principals in certifying that those principals have not participated, and will not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision ____________________ [insert full name of person(s) in the offeror’s organization responsible for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to paragraphs (a)(1) through (a)(3) of this provision.

(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the dis-closure.

(End of provision)

52.204-24 Representation Regarding Certain Telecommunications and Video Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representation at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered Telecommunications Equipment or Services—Representation, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror Representations and Certifications- Commercial Products or Commercial Services. The Offeror shall not complete the representation in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) Definitions. As used in this provision—

Backhaul, covered telecommunications equipment or services, critical technology, interconnection arrangements, reasonable inquiry, roaming, and substantial or essential component have the meanings provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Prohibition. (1) Section 889(a)(1)(A) of the John S. McCain National Defense

Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_26 https://www.acquisition.gov/far/part-52#FAR_52_212_3 https://www.acquisition.gov/far/part-52#FAR_52_204_25 agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) Section 889(a)(1)(B) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2020, from entering into a contract or extending or renewing a contract with an entity that uses any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. This prohibition applies to the use of covered telecommunications equipment or services, regardless of whether that use is in performance of work under a Federal contract.

Nothing in the prohibition shall be construed to—

(i) Prohibit the head of an executive agency from procuring with an entity to provide a service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or

(ii) Cover telecommunications equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(c) Procedures. The Offeror shall review the list of excluded parties in the System for

Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(d) Representation. The Offeror represents that—

(1) It □ will, □ will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. The Offeror shall provide the additional disclosure information required at paragraph (e)(1) of this section if the Offeror responds "will" in paragraph (d)(1) of this section; and

(2) After conducting a reasonable inquiry, for purposes of this representation, the

Offeror represents that—

It □ does, □ does not use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services. The Offeror shall provide the additional disclosure information required at https://www.sam.gov/ paragraph (e)(2) of this section if the Offeror responds "does" in paragraph (d)(2) of this section.

(e) Disclosures. (1) Disclosure for the representation in paragraph (d)(1) of this provision.

If the Offeror has responded "will" in the representation in paragraph (d)(1) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the original equipment manufacturer (OEM) or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the Product Service Code (PSC) of the service being provided; and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(1) of this provision.

(2) Disclosure for the representation in paragraph (d)(2) of this provision. If the Offeror has responded "does" in the representation in paragraph (d)(2) of this provision, the Offeror shall provide the following information as part of the offer:

(i) For covered equipment—

(A) The entity that produced the covered telecommunications equipment

(include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known);

(B) A description of all covered telecommunications equipment offered (include brand; model number, such as OEM number, manufacturer part number, or wholesaler number;

and item description, as applicable); and

(C) Explanation of the proposed use of covered telecommunications equipment and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

(ii) For covered services—

(A) If the service is related to item maintenance: A description of all covered telecommunications services offered (include on the item being maintained: Brand; model number, such as OEM number, manufacturer part number, or wholesaler number; and item description, as applicable); or

(B) If not associated with maintenance, the PSC of the service being provided;

and explanation of the proposed use of covered telecommunications services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b)(2) of this provision.

52.206-26 Covered Telecommunications Equipment or Services Representation (OCT 2020)

(a) Definitions. As used in this provision, "covered telecommunications equipment or services" and "reasonable inquiry" have the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.

(b) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) ( https://www.sam.gov) for entities excluded from receiving federal awards for "covered telecommunications equipment or services".

(c) (1) Representation. The Offeror represents that it □ does, □ does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(2) After conducting a reasonable inquiry for purposes of this representation, the offeror represents that it □ does, □ does not use covered telecommunications equipment or services, or any equipment, system, or service that uses covered telecommunications equipment or services.

52.209-5 Certification Regarding Responsibility Matters (Aug 2020)

(a) (1) The Offeror certifies, to the best of its knowledge and belief, that—

(i) The Offeror and/or any of its Principals–

(A) Are □ are not □ presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

https://www.acquisition.gov/far/part-52#FAR_52_204_25

(B) Have □ have not □, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are □ are not □ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have □, have not □, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104- 5(a)(2) for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the https://www.acquisition.gov/far/part-52#FAR_52_209_7 https://www.acquisition.gov/far/part-9#FAR_9_104_5 https://www.acquisition.gov/far/part-9#FAR_9_104_5 agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has □ has not □, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) "Principal," for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment;

and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

52.209-7 Information Regarding Responsibility Matters (Oct 2018)

(a) Definitions. As used in this provision— Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means—

(1) The total value of all current, active contracts and grants, including all priced options;

and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager;

plant manager; head of a division or business segment; and similar positions).

(b) The offeror □ has □ does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked "has" in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in–

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

FAR 52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction Under any Federal Law (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that–

(1) It □is, □is not a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It □is, □is not a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services (DEC 2022) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the https://www.acquisition.gov/far/part-52#FAR_52_204_7 annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v)) of this provision.

(a) Definitions. As used in this provision— "Covered telecommunications equipment or services " has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties.

Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that control an immediate owner of the offeror. No entity owns or exercises control of the highest level owner.

Immediate owner means an entity, other than the offeror, that has direct control of the offeror. Indicators of control include, but are not limited to, one or more of the following:

ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.

Inverted domestic corporation , means a foreign incorporated entity that meets the definition of an inverted domestic corporation under 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs) 1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and Synthetic; and

(10) PSC 9630, Additive Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

https://www.sam.gov/ https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title6-section395&num=0&edition=prelim

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment .

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended. "Sensitive technology "— Sensitive technology —

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3)of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business concern —

(1) Means a small business concern —

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16).

Small business concern —

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitation.

(2) Affiliates, as used in this definition, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parties control or have the power to control the others. In determining whether affiliation exists, consideration is given to all appropriate factors including common ownership, common management, and contractual relationships. SBA determines affiliation based on the factors set forth at 13 CFR https://www.acquisition.gov/node/31745/printable/print#FAR_52_204_25 http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section101&num=0&edition=prelim

121.103.

Small disadvantaged business concern, consistent with13 CFR 124.1002, means a small business concern under the size standard applicable to the acquisition, that—

(1) Is at least 51 percent unconditionally and directly owned (as defined at 13 CFR 124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are citizens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding $750,000 after taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2);

and

(2) The management and daily business operations of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definition.

Subsidiary means an entity in which more than 50 percent of the entity is owned—

(1) Directly by a parent corporation; or

(2) Through another subsidiary of a parent corporation Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term "successor " does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern —

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operations are controlled by one or more women

Women-owned small business concern means a small business concern —

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300.

(b)(1) Annual Representations and Certifications. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automatically change the representations and https://www.ecfr.gov/current/title-13/part-127 https://www.ecfr.gov/current/title-13/section-127.300 certifications in SAM

(2) The offeror has completed the annual representations and certifications electronically in SAM accessed through http://www.sam.gov. After reviewing SAM information , the Offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications- Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitation), at the time this offer is submitted and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.

[Offeror to identify the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitation only, if any.

These amended representation(s)…