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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER
5. SOLICITATION NUMBER
15A00018R00000112
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
09/04/2018
7. FOR SOLICITATION INFORMATION
CALL:
a. NAME
Simone.Rittenhouse@ATF.gov
b. TELEPHONE NUMBER (No collect calls)
(O) 2026489131 (F) 2026489654
8. OFFER DUE DATE / LOCAL
TIME
09/11/2018 13:00:00
CODE 15A000
ATF - ACQUISITIONS BRANCH
Simone Rittenhouse 99 New York Ave. NE Washington, DC 20226
9. ISSUED BY UNRESTRICTED OR X SET ASIDE:100.00 % FOR
X SMALL BUSINESS
HUBZONE SMALL
BUSINESS
SERVICE-DISABLED
VETERAN-OWNED
SMALL BUSINESS
WOMEN-OWNED SMALL BUSINESS (WOSB)
ELIGIBLE UNDER THE WOMEN-OWNED
SMALL BUSINESS PROGRAM
EDWOSB
8(A)
NAICS: 519110
SIZE STANDARD: $27.5
10. THE ACQUISITION IS
SEE
SCHEDULE
11. DELIVERY FOR FOB DESTINATION
UNLESS BLOCK IS MARKED
NET 30
12. DISCOUNT TERMS
13a. THIS CONTRACT IS A
RATED ORDER UNDER DPAS
(15 CFR 700)
13b. RATING
RFQ IFB X RFP
14. METHOD OF SOLICITATION
A125000CODE15. DELIVER TO
Public Affairs Division
ATF
99 NEW YORK AVE N.E.
ROOM 5N-540
WASHINGTON, DC 20226
CODE 15A00016. ADMINISTERED BY
ATF - Property, Acquisitions and Safety Division (PASD) 99 New York Ave NE
WASHINGTON, DC 20226
DIVISION CHIEF
FACILITY
CODE
CODE
TELEPHONE NO.
17a. CONTRACTOR/
OFFEROR
A404040CODE18a. PAYMENT WILL BE MADE BY
ATF - Finance Branch 99 New York Avenue NE, #4.S-288 Washington, DC 20226
Finance Branch
(O) (202) 648-7860 Finance.Branch@ATF.gov
17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN
OFFER SEE ADDENDUM
18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS
CHECKED
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
Delivery Date: 09/15/2023
This is a total Small Business Setaside for Media Support Services
See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)
25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)
27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED
27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED
28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN ____ COPIES TO
ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DELIVER ALL ITEMS SET FORTH
OR OTHERWISE IDENTIFIED ABOVE AND ON ANY ADDITIONAL SHEETS SUBJECT TO THE
TERMS AND CONDITIONS SPECIFIED.
29. AWARD OF CONTRACT: REF. _____________________________ OFFER
DATED _________________ . YOUR OFFER ON SOLICITATION (BLOCK 5)
INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE SET FORTH HEREIN,
IS ACCEPTED AS TO ITEMS:
30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)
30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF THE CONTRACTING OFFICER (TYPE OR PRINT)
Simone Rittenhouse
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 2/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
15A00018R00000112 Page 1 of 37
19.
ITEM NO.
20.
SCHEDULE OF SUPPLIES/SERVICES
21.
QUANTITY
22.
UNIT
23.
UNIT PRICE
24.
AMOUNT
32a. QUANTITY IN COLUMN 21 HAS BEEN
RECEIVED INSPECTED ACCEPTED, AND CONFORMS TO THE CONTRACT, EXCEPT AS NOTED: _________________________________
32b. SIGNATURE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32c. DATE 32d. PRINTED NAME AND TITLE OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32e. MAILING ADDRESS OF AUTHORIZED GOVERNMENT REPRESENTATIVE 32f. TELEPHONE NUMBER OF AUTHORIZED GOVERNMENT
REPRESENTATIVE
32g. E-MAIL OF AUTHORIZED GOVERNMENT REPRESENTATIVE
PARTIAL FINAL
33. SHIP NUMBER 34. VOUCHER NUMBER 35. AMOUNT VERIFIED
CORRECT FOR
COMPLETE PARTIAL FINAL
36. PAYMENT 37. CHECK NUMBER
38. S/R ACCOUNT NUMBER 39. S/R VOUCHER NUMBER 40. PAID BY
41a. I CERTIFY THIS ACCOUNT IS CORRECT AND PROPER FOR PAYMENT 42a. RECEIVED BY (Print)
41b. SIGNATURE AND TITLE OF CERTIFYING OFFICER 41c. DATE
42b. RECEIVED AT (Location)
42c. DATE REC'D (YY/MM/DD) 42d. TOTAL CONTAINERS
STANDARD FORM 1449 (REV. 2/2012) BACK
15A00018R00000112 Page 2 of 37
Table of Contents
Section Description Page Number
1 Solicitation/Contract Form 2 Commodity or Services Schedule
Section B Supplies or Services and Prices/Costs 3 Contract Clauses
C1 Scope of Work Section G Contract Administration Data
ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS
ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT
ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE
ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued) ATF-46 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015) ATF-47 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (DEVIATION 2015-02) (March 2015) ATF-35 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION)
(AUG 2012)
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Jan 2013) 52.217-8 Option to Extend Services (Nov 1999) 52.217-9 Option to Extend the Term of the Contract (Mar 2000)
4 List of Attachments 5 Solicitation Provisions
52.212-3 Offer Representations and Certifications -- Commercial Items (Dec 2012) 52.219-1 Small Business Program Representations (Apr 2012) ATF-43 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Solicitation (DEVIATION 2015-02) (March 2015) ATF-44 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Solicitation (DEVIATION 2015-02) (March 2015) 52.204-8 Annual Representations and Certifications (Jan 2018) 52.233-2 Service of Protest (Sept 2006) Section L Instructions, Conditions and Notices to Bidders Section M Evaluation Factors for Award
15A00018R00000112 Page 3 of 37
Section 2 - Commodity or Services Schedule
SCHEDULE OF SUPPLIES/SERVICES
CONTINUATION SHEET
ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT
0001 Base Year
-Real-time Monitoring (The instant your keyword of interest is mentioned on TV / Radio (Both Nationally and Internationally
-Power Search - look for news coverage using closed caption notes. Similar to a Google for TV Mobiles - Broadcast monitoring service
Must Include
- Full mobile capabilities both to stream and to play edited video.
Full functionality for all iPads, iPhones, Androids and Tablets
-Capabilities for streaming and saved clips
-Must provide ten (10) Logins accounts. Receive alerts and down load clips
Line Period of Performance: 09/16/2018 - 09/15/2019
12.000000 MO $____________ $___________________
0002 Option Year One
-Real-time Monitoring (The instant your keyword of interest is mentioned on TV / Radio (Both Nationally and Internationally
-Power Search - look for news coverage using closed caption notes. Similar to a Google for TV Mobiles - Broadcast monitoring service
Must Include
- Full mobile capabilities both to stream and to play edited video.
Full functionality for all iPads, iPhones, Androids and Tablets
-Capabilities for streaming and saved clips
-Must provide ten (10) Logins accounts. Receive alerts and down load clips
Line Period of Performance: 09/16/2019 - 09/15/2020
12.000000 MO $____________ $___________________
0003 Option Year Two
-Real-time Monitoring (The instant your keyword of interest is mentioned on TV / Radio (Both Nationally and Internationally
-Power Search - look for news coverage using closed caption notes. Similar to a Google for TV Mobiles - Broadcast monitoring service
Must Include
- Full mobile capabilities both to stream and to play edited video.
Full functionality for all iPads, iPhones, Androids and Tablets
-Capabilities for streaming and saved clips
-Must provide ten (10) Logins accounts. Receive alerts and down load clips
Line Period of Performance: 09/16/2020 - 09/15/2021
12.000000 MO $____________ $___________________
0004 Option Year Three
-Real-time Monitoring (The instant your keyword of interest is mentioned on TV / Radio (Both Nationally and Internationally
-Power Search - look for news coverage using closed caption notes. Similar to a Google for TV Mobiles - Broadcast monitoring service
Must Include
- Full mobile capabilities both to stream and to play edited video.
Full functionality for all iPads, iPhones, Androids and Tablets
-Capabilities for streaming and saved clips
-Must provide ten (10) Logins accounts. Receive alerts and down load clips
Line Period of Performance: 09/16/2021 - 09/15/2022
12.000000 MO $____________ $___________________
15A00018R00000112 Page 4 of 37
0005 Option Year Four
-Real-time Monitoring (The instant your keyword of interest is mentioned on TV / Radio (Both Nationally and Internationally
-Power Search - look for news coverage using closed caption notes. Similar to a Google for TV Mobiles - Broadcast monitoring service
Must Include
- Full mobile capabilities both to stream and to play edited video.
Full functionality for all iPads, iPhones, Androids and Tablets
-Capabilities for streaming and saved clips
-Must provide ten (10) Logins accounts. Receive alerts and down load clips
Line Period of Performance: 09/16/2022 - 09/15/2023
12.000000 MO $____________ $___________________
Section B Supplies or Services and Prices/Costs
1.0 INTRODUCTION
1.1 ORGANIZATION
Office of Public and Governmental Affairs (PGA), Public Affairs Division (PAD), Bureau of Alcohol, Tobacco, Firearms and Explos-ives (ATF), Department of Justice (DOJ).
1.2 BACKGROUND
1.2.1 The Public Affairs Division (PAD), is responsible for ensuring that the bureau speaks with a consistent voice; PAD informs the public of ATF’s effort in reducing violent crime, protecting the public, and making communities safer through our Frontline pro-gram. PAD always strives to take advantage of and look for opportunities to promote the agency’s accomplishments through innovat-ive communications plans.
PAD will continue promoting ATF so that when the American people think about who investigates and impacts violent crime and im-proving the quality of life in a community they will think of ATF. PGA will review traditional and social media, local and national news outlets, newsmagazine shows, production companies highlighting ATF cases.
1.3 OBJECTIVE. The purpose of this Statement of Work (SOW) is to provide platform for media service.
• Real-time Monitoring – Allows for instant monitoring of keywords of interest when the agency is mentioned on TV/Radio [both nationally and internationally], and the alerts are to be sent via email. A subscription comes with up to 10 seats, which can be used for everyone in the public affairs division, and training and ongoing tech-nical support is provided. The ability to perform searches of archived broadcast television (NOT content posted on websites- but content directly from broadcasts)
• Power Search – Able to look for news coverage using closed caption notes. Like a Google for TV
• Unlimited Digital Clips- Search by keyword or by date/time.
• Mobile - Broadcast monitoring service with full mobile capabilities both to stream and to play edited video. Full functionality for all iPads, iPhones, Androids and tablets—capabilities for streaming and saved clips.
• Unlimited Keywords – Allows monitoring coverage, specific brands, and promotions. No keyword limits. Add/ delete/change keywords as often necessary.
• Permanent Archive - Ability to save unlimited clips.
15A00018R00000112 Page 5 of 37
• Editing Capabilities - Customize a start time/end time for any segment.
• Media Statistics - Create a report; export it to Excel to save to a desktop.
• Access to 24/7 Content The ability to search thru all content around the country, whether the keywords are a part of a program or not. Then subsequently edit, archive, and share a clip.
Tracking:
• Track an unlimited number of terms
• The ability to manage and update our watch list as often as necessary
• Email Notifications of ATF mentions -Instant (as it airs), Hourly, 3 Times a Day, or a Daily Summary of the previ-ous 24 hours at a specified time of our choosing
• The ability to customize our watch terms to Specific Markets and Stations
Archiving:
• Edit, save, and post/archive an unlimited number of clips
• Clips are saved permanently and can be saved to our servers, as well as to our intranet/desktop
• All coverage is H.264, making service compatible with any Mobile Device/Operating System
• The ability to organize our clips in Folders
• Clips can be shared via an email/ink or Physical File/Download Location
Reporting:
• Create an unlimited number of Clip Reports to send to an unlimited number of recipients
• Export Report data to Excel for easy data archiving and manipulation
• Clips include both Viewership Numbers {From Nielsen), and Ad Value {From SQAD)
Accessing Content:
• Content can be accessed either through a "Power Search", ie Ad-Hoc search or through "Date/Time Search"
• Content can be accessible minutes after it airs, allowing for real time sharing
• Unlimited ability to perform date/time searches on all broadcast clips in a 24/7 manner
• Ability to search for all broadcast TV clips by date/time and by keyword
1.4 SCOPE
The scope of this task is to obtain social media, local and national news outlets, newsmagazine shows, production companies high-lighting ATF cases. ATF public affairs needs to remain informed of stories that mention and highlight the agency to ensure that ATF is portrayed accurately and responsibly in the media and newsmagazine shows. Accurate monitoring of media outlets allows ATF to analyze the effectiveness of ATF messaging to our stakeholders and the general public.
15A00018R00000112 Page 6 of 37
Section 3 - Contract Clauses
A.1 ADDENDUM TO FAR 52.212-4, Contract Terms and Conditions--Commercial Items (Feb 2012)
The terms and conditions for the following clauses are hereby incorporated into this solicitation and resulting contract as an addendum to FAR clause 52.212-4.
Clauses By Reference
52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)
This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text.
Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this/these address(es): www.acquisition.gov
Clause Title Fill-ins (if applicable)
52.246-4 Inspection of Services--Fixed-Price (Aug 1996)
52.242-15 Stop-Work Order (Aug 1989)
52.242-17 Government Delay of Work (Apr 1984)
52.232-40 Providing Accelerated Payments to Small Business Subcontractors
(Dec 2013)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr
1984)
52.242-13 Bankruptcy (July 1995)
52.243-1 Alt II Changes--Fixed-Price (Aug 1987)- Alternate II (Apr 1984)
52.246-25 Limitation of Liability--Services (Feb 1997)
52.202-1 Definitions (Jan 2012)
52.203-3 Gratuities (Apr 1984)
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sept 2006)
- Alternate I (Oct 1995)
52.203-12 Limitation On Payments To Influence Certain Federal Transactions
(Oct 2010)
52.204-7 Central Contractor Registration (Apr 2008)
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
15A00018R00000112 Page 7 of 37
Clause Title Fill-ins (if applicable)
52.209-6 Protecting the Government's Interest When Subcontracting with
Contractors Debarred, Suspended, or Proposed for Debarment (Dec
2010)
52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012)
52.222-1 Notice to the Government of Labor Disputes (Feb 1997)
52.222-50 Combating Trafficking in Persons (Feb 2009)
52.225-13 Restrictions on Certain Foreign Purchases (June 2008)
52.228-5 Insurance - Work on a Government Installation (Jan 1997)
52.228-7 Insurance--Liability to Third Persons (Mar 1996)
52.232-39 Unenforceability of Unauthorized Obligations (Jun 2013)
Clauses By Full Text
C1 Scope of Work
SEE ATTACHED STATEMENT OF WORK
Section G Contract Administration Data
SECTION G - CONTRACT ADMINISTRATION DATA
G.1 CONTRACT ADMINISTRATION OFFICE
The resultant contract will be administered by:
Department of Justice Bureau of Alcohol, Tobacco Firearms and Explosives Logistic Acquisition Division 99 New York Avenue NE Washington, D.C. 20226
POC Simone Rittenhouse Contracting Officer Simone.Rittenhouse@atf.govPH# 202/648-9131
G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)
Frank Kelsey, Deputy Chief, Public Affairs Division 99 New York Avenue, NE, Washington, DC 20226 Phone/Fax: 202/648-8500 (v) 202/648-8309 (f)
Scope of Specific COR Responsibilities.
This designation is limited to the responsibilities and authority contained below and does not confer authority to grant any deviation
15A00018R00000112 Page 8 of 37 from contract provisions. The COR shall be careful to ensure the he or she does not alter the terms and conditions of the contract. The specific responsibilities of the COR may include:
Pre Award:
1. Develop contract specifications or work statement to promote competitive procurement actions;
2. Assist in market research and technical evaluation of prospective contractor;
3. Coordinate actions relating to funding and scope of work;
Post Award:
4. Maintain the COR file.
5. Maintain a list of cleared contractor and subcontractor personnel (names and social security numbers.)
6. Document in writing technical instructions to the contractor;
7. Review and submit recommendations to the contracting officer on subcontracts.
8. Monitor the contractor's performance to assure that it is strictly within the scope of the contract.
9. Promptly review reports, approve and keep adequate inspection and testing reports.
10. Accept deliverables.
11. Refer matters that may affect the contract to the contracting officer;
12. When the contractor is known to be behind schedule, inform the contracting officer with the reasons; coordinate corrective action necessary to restore the contract schedule with the contracting officer.
13. Furnish the contracting officer a copy of Government/contractor reports and correspondence.
14. Request the contracting officer authorize Government-furnished property and furnish the CO with disposition of Govern-ment--furnished property or contractor-acquired property;
15. Monitor contractual spending.
16. Review contractor invoices to ensure that they reflect accurately the work completed and deliverables received in accordance with the requirements of the contract. Certify acceptance under the contract. Submit invoice to the Financial Management Division, and provide a copy of the accepted contractor invoice to the contracting officer;
17. Formally request the contacting officer issue government desired changes in the work or services, and delivery schedule in a writ-ten modification before the contractor proceeds with the changes;
18. Report suspected fraud, bribery, conflicts of interest, and other improper conduct to the contracting officer.
19. Forward to the contracting officer any contractor request for public release of information regarding work being performed under the contract.
20. Notify the contracting officer of any inventions developed by the contractor during the performance of the contract.
21. When required, furnish the contracting officer with a formal request for contract termination.
22. Upon expiration of the contract attest in writing that the contractor has completed performance under the contract, has delivered all requirements and all goods and services are accepted.
23. Certify that the contractor employees have followed the proper checkout procedures when contractor personnel no longer require access to ATF facilities. The COR must ensure that the contractor completes the separation checklist for their personnel, and submits it to the COR. The COR will certify it, maintain the original in the COR file and provide a copy to the contracting officer.
24. Submit annual and final performance evaluation reports of contractor performance as required in the NIH database. A notice of satisfactory or unsatisfactory completion should be included with the final performance evaluation report.
ATF-14 ELECTRONIC INVOICING
ELECTRONIC INVOICING (Revised October 27,2008)
The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) encourages contractors to invoice electronically. Invoicing electron-ically saves time, money, and physical storage space for both the Government and the contractor.
Each invoice must be a proper invoice in accordance with Federal Acquisition Regulations (FAR) 32.905(b). The contractor may sub-mit a combined invoice with each ATF contract/order number. The invoice must clearly identify the specific Contract Line Item (CLIN) or item number for which the contractor is seeking payment under the contract/order. If the invoice covers multiple CLINs or item numbers, the invoice must clearly identify specific amounts and activity applicable to each.
Electronic invoices must be submitted to the ATF Contracting Officer's Representative (COR)/POC named in Section G/Section
3.3 of this contract and Financial Management Division (FMD), Finance.Branch@ATF.gov. Electronic invoices will serve as the offi-cial original copy. The e-mail subject line must contain the name of the ATF COR/POC named in Section G/Section 3.3 of the oblig-ation document, the Order/Award number, the Invoice number and Vendor name (i.e.: John Doe_DJAxxxxxxxxx_Invoice #xxx_ABC, Inc.). ATF will return to the vendor any invoices that do not contain the correct subject line information.
Contractors who are unable to submit electronic invoices may mail their invoices to the COR/POC named in Section G/Section 3.3 of this contract and FMD address provided below:
15A00018R00000112 Page 9 of 37
Bureau of Alcohol, Tobacco, Firearms & Explosives Attn: Finance Branch EXPEDITE CONTRACT INVOICE 99 New York Avenue, NE Mail Drop 4S-288 Washington, DC 20226
(End of Clause)
ATF-17 NOTICE TO THE GOVERNMENT OF DELAYS
NOTICE TO THE GOVERNMENT OF DELAYS (Revised July 19, 2007)
In the event the Contractor encounters difficulty in meeting performance requirements, or when he anticipates difficulty in complying with the contract delivery schedule or completion date, or whenever the Contractor has knowledge that any actual or potential situ-ation is delaying or threatens to delay the timely performance of the contract, the Contractor shall immediately notify the Contracting Officer and the Contracting Officer's Representative COR(s), in writing, giving pertinent details; provided, however, that this date shall be information only in character and that this provision shall not be construed as a waiver by the Government of any delivery schedule or date, or any rights or remedies provided by law or under this contract.
(End of Clause)
ATF-19 AUTHORITY TO OBLIGATE THE GOVERNMENT
AUTHORITY TO OBLIGATE THE GOVERNMENT (Revised July 19, 2007)
The Contracting Officer is the only individual who can legally commit or obligate the Government to the expenditure of public funds.
No cost chargeable to the proposed contract can be incurred before receipt of a fully executed contract or specific authorization from the Contracting Officer.
(End of Clause)
ATF-22 CONFIDENTIALITY OF INFORMATION AND DISCLOSURE
CONFIDENTIALITY OF INFORMATION AND DISCLOSURE (Revised April 3, 2008)
The Contractor agrees, in the performance of this contract, to keep all information contained in source documents or other media fur-nished by the Government in the strictest confidence. The Contractor also agrees not to publish or otherwise divulge such information in whole or in part, in any manner or form, nor to authorize or permit others to do so, taking such reasonable measures as are neces-sary to restrict access to such information while in the Contractor s possession, to those employees needing such information to per-form the work provided herein, e.g., on a need to know basis. There shall be no dissemination or publication, except within and between the Contractor and any subcontractors, of information developed under this contract or contained in the reports to be fur-nished pursuant to this contract without prior written approval from the Contracting Officer. No news release (including photographs and films, public announcements, denial or confirmation of same) on any part of the subject matter of this contract or any phase of any program hereunder shall be made without the prior written approval of the Contracting Officer. The Contractor is prohibited from re-leasing to any source, other than the sponsoring activity, any interim, draft and final reports or information pertaining to services per-formed under this contract until report approval or official review has been obtained. Furthermore, the contractor shall insure that the cover of all interim, draft and final reports contain the following statement:"The view, opinions, and/or findings contained in this re-port are those of the author(s) and should not be construed as an official Government position, policy or decision, unless so designated by other documentation."
The Contractor agrees to immediately notify in writing the Contracting Officer named herein, in the event that the Contractor determ-ines or has reason to suspect a breach of this requirement. The Contractor agrees to insert the substance of this clause in any consultant agreement or subcontract hereunder.
(a)Confidential information, as used in this clause, means (1) information or data of a personal nature proprietary about an individual, or (2) information or data submitted by or pertaining CONFIDENTIALITY to an institution or organization, or (3) information or data pertaining to a law enforcement investigation or operation.
(b)In addition to the types of confidential information described in (a) (1), (2) and (3) above, information which might require special
15A00018R00000112 Page 10 of 37 consideration with regard to the timing of its disclosure such as draft budget and strategic plans, studies or research, audits, etc.
(c)The Contracting Officer and the Contractor may, by mutual consent, identify elsewhere in this contract specific information and/or categories of information which the Government will furnish to the Contractor or that the Contractor is expected to generate which is confidential. Similarly, the Contracting Officer and the Contractor may, by mutual consent, identify such confidential information from time to time during the performance of the contract. Failure to agree will be settled pursuant to the Disputes clause.
(d)If it is established that information to be utilized under this contract is subject to the Privacy Act, the Contractor will follow the rules and procedures of the disclosure set forth in the Privacy Act of 1974, 5 U.S.C. 552a, and implementing regulations and policies, with respect to systems of records determined to be subject to the Privacy Act.
(e)Confidential information, as defined in (a)(1) and (2) above, shall not be disclosed without the prior written consent of the individu-al, institution, or organization. Confidential information, as defined in (a)(3) shall not be disclosed without the prior written consent of the Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF).
(f) Whenever the Contractor is uncertain with regard to the proper handling of material under the contract, or if the material in ques-tion is subject to the Privacy Act or is confidential information subject to the provisions of this clause, the Contractor shall obtain a written determination from the Contracting Officer prior to any release, disclosure, dissemination, or publication.
(g)The provisions of paragraph (e) of this clause shall not apply when the information is subject to conflicting or overlapping provi-sions in other Federal, State, or local laws.
(End of Clause)
ATF-29 STATEMENT OF WORK / SPECIFICATIONS (Continued)
STATEMENT OF WORK / SPECIFICATIONS (Continued) (March 23,2009)
The Contractor shall furnish the necessary personnel, material, equipment, services and facilities (except as otherwise specified), to perform the Statement of Work (SOW) / Specifications and all Section J attachments (as applicable).
(End of Clause)
ATF-46 Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015)
Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Award (DEVIATION 2015-02) (March 2015)
(a) None of the funds made available by the Department’s current Appropriations Act may be used to enter into a contract, memor-andum of understanding, or cooperative agreement with a corporation –
(1) 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 de-termination that this further action is not necessary to protect the interests of the Government, or
(2) 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 re-sponsible 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 this further action is not necessary to protect the interests of the Government.
(b) By accepting this award or order, in writing or by performance, the offeror/contractor represents that –
(1) the offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding
15A00018R00000112 Page 11 of 37
24 months; and,
(2) the offeror is not a corporation that has any unpaid Federal or State tax liability that has been assessed, for which all judi-cial 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.
(End of Clause)
ATF-47 Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Abuse - Award (DEVIATION 2015-02) (March 2015)
Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting Reporting of Waste, Fraud, and Ab-use – Award (DEVIATION 2015-02) (March 2015)
By accepting this award or order, the contractor certifies that it does not require employees or contractors of the contractor seeking to report fraud, waste, and abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such em-ployees or contractors from lawfully reporting waste, fraud, and abuse to a designated investigative or law enforcement representative of a Federal department or agency authorized to receive such information.
(End of Clause)
ATF-35 52.232-99, Providing Accelerated Payment to Small Business Subcontractors (DEVIATION) (AUG 2012)
52.232-99 - PROVIDING ACCELERATED PAYMENT TO
SMALL BUSINESS SUBCONTRACTORS
(DEVIATION) (AUG 2012)
This clause implements the temporary policy provided by OMB Policy Memorandum M- 12-16, Providing Prompt Payment to Small Business Subcontractors, dated July 11, 2012.
(a) Upon receipt of accelerated payments from the Government, the contractor is required to make accelerated payments to small business subcontractors to the maximum extent practicable after receipt of a proper invoice and all proper documentation from the small business subcontractor.
(b) Include the substance of this clause, including this paragraph (b), in all subcontracts with small business concerns.
(c) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.
End of Clause
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 Of-ficer may exercise the option by written notice to the Contractor within 30 days of contract expiration date.
(End of clause)
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 Govern-ment gives the Contractor a preliminary written notice of its intent to extend at least 30 days days [60 days unless a different number of days is inserted] 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.
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(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 60 months.
(End of clause)
[END OF ADDENDUM TO FAR 52.212-4]
52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders--Commercial Items (Jan 2013)
(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this con-tract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
(1) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
__Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).
(2) 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553).
(3) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Pub. L. 108-77, 108-78).
(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incor-porated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
__(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995)(41 U.S.C. 253g and 10 U.S.C. 2402).
__(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
__(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.).
__(4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Aug 2012) (Pub. L. 109-282) (31 U.S.C.
6101 note).
__(5) 52.204-11, American Recovery and Reinvestment Act--Reporting Requirements (Jul 2010) (Pub. L. 111-5).
X(6) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Dec 2010) (31 U.S.C. 6101 note).
__(7) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Feb 2012) (41 U.S.C. 2313).
__(8) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (May 2012) (section 738 of Division C of Pub. L.
112-74, section 740 of Division C of Pub. L. 111-117, section 743 of Division D of Pub. L. 111-8, and section 745 of Division D of Pub. L. 110-161).
__(9) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Nov 2011) (15 U.S.C. 657a).
__(10) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Jan 2011) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).
__(11) [Reserved]
X(12)(i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2011) (15 U.S.C. 644).
__(ii) Alternate I (Nov 2011).
__(iii) Alternate II (Nov 2011).
__(13)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).
15A00018R00000112 Page 13 of 37
__(ii) Alternate I (Oct 1995) of 52.219-7.
__(iii) Alternate II (Mar 2004) of 52.219-7.
X(14) 52.219-8, Utilization of Small Business Concerns (Jan 2011) (15 U.S.C. 637(d)(2) and (3)).
__(15)(i) 52.219-9, Small Business Subcontracting Plan (Jan 2011) (15 U.S.C. 637(d)(4)).
__(ii) Alternate I (Oct 2001) of 52.219-9.
__(iii) Alternate II (Oct 2001) of 52.219-9.
__(iv) Alternate III (Jul 2010) of 52.219-9.
__(16) 52.219-13, Notice of Set-Aside of Orders (Nov 2011) (15 U.S.C. 644(r)).
__(17) 52.219-14, Limitations on Subcontracting (Nov 2011) (15 U.S.C. 637(a)(14)).
__(18) 52.219-16, Liquidated Damages--Subcontracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).
__(19)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (Oct 2008) (10 U.S.C. 2323) (if the offeror elects to waive the adjustment, it shall so indicate in its offer).
__(ii) Alternate I (June 2003) of 52.219-23.
__(20) 52.219-25, Small Disadvantaged Business Participation Program--Disadvantaged Status and Reporting (Dec 2010) (Pub. L.
103-355, section 7102, and 10 U.S.C. 2323).
__(21) 52.219-26, Small Disadvantaged Business Participation Program--Incentive Subcontracting (Oct 2000) (Pub. L. 103-355, sec-tion 7102, and 10 U.S.C. 2323).
__(22) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (Nov 2011) (15 U.S.C. 657f).
__(23) 52.219-28, Post Award Small Business Program Rerepresentation (Apr 2012) (15 U.S.C. 632(a)(2)).
__(24) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned Small Business (EDWOSB) Concerns (Apr 2012) (15 U.S.C. 637(m)).
__(25) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns Eligible Under the WOSB Program (Apr 2012) (15 U.S.C. 637(m)).
X(26) 52.222-3, Convict Labor (June 2003) (E.O. 11755).
__(27) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (Mar 2012) (E.O. 13126).
X(28) 52.222-21, Prohibition of Segregated Facilities (Feb 1999).
x(29) 52.222-26, Equal Opportunity (Mar 2007)(E.O. 11246).
x(30) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
x(31) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
__(32) 52.222-37, Employment Reports on Veterans, (Sep 2010) (38 U.S.C. 4212).
__(33) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).
__(34) 52.222-54, Employment Eligibility Verification (Jul 2012). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.).
__(35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C.
6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.).
15A00018R00000112 Page 14 of 37
__(ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.).
__(36) 52.223-15, Energy Efficiency in Energy Consuming Products (Dec 2007) (42 U.S.C. 8259b).
__(37)(i) 52.223-16, IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products (Dec 2007) (E.O.
13423).
__(ii) Alternate I (Dec 2007) of 52.223-16.
X(38) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).
__(39) 52.225-1, Buy American Act--Supplies (Feb 2009) (41 U.S.C. 10a-10d).
__(40)(i) 52.225–3, Buy American Act--Free Trade Agreements--Israeli Trade Act (Nov 2012) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L. 103–182, 108–77, 108–78, 108–286, 108–302, 109–53, 109–169, 109–283, 110–138, 112–41, 112–42, and 112–43).
__(ii) Alternate I (Mar 2012) of 52.225-3.
__(iii) Alternate II (Mar 2012) of 52.225-3.
__(iv) Alternate III (Nov 2012) of 52.225-3.
__(41) 52.225–5, Trade Agreements (Nov 2012) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note).
__(42) 52.225-13, Restrictions on Certain Foreign Purchases (June 2008) (E.O.’s, proclamations, and statutes administered by the Of-fice of Foreign Assets Control of the Department of the Treasury).
__(43) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) (42 U.S.C. 5150).
__(44) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov 2007) (42 U.S.C.5150).
__(45) 52.232-29, Terms for Financing of Purchases of Commercial Items (Feb 2002) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).
__(46) 52.232-30, Installment Payments for Commercial Items (Oct 1995) (41 U.S.C. 255(f),10 U.S.C. 2307(f)).
X(47) 52.232-33, Payment by Electronic Funds Transfer--Central Contractor Registration (Oct 2003)(31 U.S.C. 3332).
__(48) 52.232-34, Payment by Electronic Funds Transfer--Other than Central Contractor Registration (May 1999) (31 U.S.C. 3332).
__(49) 52.232-36, Payment by Third Party (Feb 2010)(31 U.S.C. 3332).
__(50) 52.239-1, Privacy or Security Safeguards (Aug 1996) (5 U.S.C. 552a).
__(51)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006)(46 U.S.C. Appx. 1241(b) and 10 U.S.C. 2631).
__(ii) Alternate I (Apr 2003) of 52.247-64.
(c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items:
[Contracting Officer check as appropriate.]
X(1) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
X(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 1989) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
X(3) 52.222-43, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Multiple Year and Option Contracts) (Sep 2009) (29 U.S.C. 206 and 41 U.S.C. 351, et seq.).
X(4) 52.222-44, Fair Labor Standards Act and Service Contract Act -- Price Adjustment (Sep 2009) (29 U.S.C. 206 and 41 U.S.C.
15A00018R00000112 Page 15 of 37
351, et seq.).
__(5) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment -- Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
__(6) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services -- Requirements (Feb 2009) (41 U.S.C. 351, et seq.).
__(7) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O.13495).
__(8) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247).
__(9) 52.237-11, Accepting and Dispensing of $1 Coin (Sept 2008) (31 U.S.C. 5112(p)(1)).
(d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, and does not contain the clause at 52.215-2, Audit and Records -- Negotiation.
(1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor's directly pertinent records involving transactions related to this contract.
(2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR Subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records re-lating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved.
(3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law.
(e)(1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1) in a subcontract for commercial items. Unless otherwise indic-ated below, the extent of the flow down shall be as required by the clause--
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Apr 2010) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)).
(ii) 52.219-8, Utilization of Small Business Concerns (Dec 2010) (15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $650,000 ($1.5 million for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting oppor-tunities.
(iii) 52.222-17, Non-displacement of Qualified Workers (Jan 2013) (E.O. 13495). Flow down required in accordance with paragraph
(l) of FAR clause 52.222-17.
(iv) 52.222-26, Equal Opportunity (Mar 2007) (E.O. 11246).
(v) 52.222-35, Equal Opportunity for Veterans (Sep 2010) (38 U.S.C. 4212).
(vi) 52.222-36, Affirmative Action for Workers with Disabilities (Oct 2010) (29 U.S.C. 793).
(vii) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down re-quired in accordance with paragraph (f) of FAR clause 52.222-40.
(viii) 52.222-41, Service Contract Act of 1965 (Nov 2007) (41 U.S.C. 351, et seq.).
(ix) 52.222-50, Combating Trafficking in Persons (Feb 2009) (22 U.S.C. 7104(g)).
__Alternate I (Aug 2007) of 52.222-50 (22 U.S.C.7104(g)).
(x) 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Cer-tain Equipment-Requirements (Nov 2007) (41 U.S.C. 351, et seq.).
15A00018R00000112 Page 16 of 37
(xi) 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services-Requirements (Feb 2009)(41 U.S.C. 351, et seq.).
(xii) 52.222-54, Employment Eligibility Verification (Jul 2012).
(xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Mar 2009) (Pub. L. 110-247). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6.
(xiv) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. Appx. 1241(b) and 10 U.S.C.
2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64.
(2) While not required, the contractor may include in its subcontracts for commercial items a minimal number of additional clauses necessary to satisfy its contractual obligations.
(End of clause)
15A00018R00000112 Page 17 of 37
Section 4 - List of Attachments
This Section Is Intentionally Left Blank
15A00018R00000112 Page 18 of 37
Section 5 - Solicitation Provisions
Provisions By Reference
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): www.acquisition.gov
Provision Title Fill-ins (if applicable)
52.225-25 Prohibition on Contracting With Entities Engaging in Sanctioned
Activities Relating to Iran - Representation and Certification (Dec
2012)
Provisions By Full Text
52.209-5 Certification Regarding Responsibility Matters (Apr 2010)
(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;?
(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, viol-ating 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 $3,000 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.
This is the start of the file's text. The full file is on GovTribe.
File details come from the government source that posted it.