15B61019Q00000003_-_FULL.pdf

U.S. Department of Justice

Federal Bureau of Prisons

MCC San Diego Financial Management

808 Union St

San Diego, Ca 92101

November 20, 2018

Food Service Contractor:

Metropolitan Correctional Center (MCC), San Diego, California, is soliciting quotations under RFQ 15B61019Q00000003 to provide subsistence & other food related items to our institution:

This cover letter provides general information regarding quotation submission.

Each Food Service contractor must be registered and have completed their respective representations and certifications via the On-line government website System for Award Management (SAM) at www.sam.gov .

Make sure to include your (DUNS) number with your quotation.

- Complete 17a, 30a, 30b & 30c on the SF-1449 (Page 1).

- QUOTE ONLY on Items that Meet the REQUIRED SPECIFICATIONS as provided. Items that do not meet specifications will be turned away.

- Faxed or electronically submitted quotations only. “E-mail is preferred.”

- Quotations must be received no later than JUNE 17, 2019 AT 17:00 HRS PST

- We will anticipate the delivery of awarded items during the week of JULY 8, 2019

Awards will be made considering lowest price and past performance. Failure to deliver within the specified date range may result in awarding to the next lowest vendor.

After the award is made and the items are ready to be delivered, you MUST contact the Food Service Administrator or the F/S Admin. Assistant to schedule delivery due to space constraints at our institution. Deliveries are Monday thru Friday excluding Federal Holidays to our outside warehouse or our institution.

Food Service Administrator Solomon Crockett

(619) 232-4311 x1452 sxcrockett@bop.gov

Food Service Administrator Assistant Martha (Lulu) Davis

(619) 232-4311 x1398 mldavis@bop.gov

You may contact me via telephone at 619-232-4311 x1379, or via e-mail at jspear@bop.gov. My fax number is 619-231-4913. “E-mail is preferred.”

Jeffrey Spear Supervisory Contract Specialist MCC San Diego http://www.sam.gov/ mailto:sxcrockett@bop.gov mailto:mldavis@bop.gov

4TH Quarter

FY 19

Subsistence

Requirements

RFQ 15B61019Q00000003

(Please submit the following information with your quote)

VENDOR NAME ______________________________

DUNS NUMBER ______________________________

CONTACT NAME _____________________________

PHONE NUMBER _____________________________

FAX NUMBER _______________________________

EMAIL ____________________________________

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B61019Q00000003

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

05/31/2019

7. FOR SOLICITATION INFORMATION

CALL:

a. NAME

JEFFREY SPEAR jspear@bop.gov

b. TELEPHONE NUMBER (No collect calls)

(619) 232-4311 x1379

8. OFFER DUE DATE / LOCAL

TIME

06/18/2019 17:00:00 PST

CODE 15B610

Federal Bureau of Prisons MCC San Diego

808 UNION STREET

SAN DIEGO, CA 92101

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: 311999

SIZE STANDARD: 500

Employees

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

X RFQ IFB RFP

14. METHOD OF SOLICITATION

15B610CODE15. DELIVER TO

Federal Bureau of Prisons MCC San Diego

808 UNION STREET

SAN DIEGO, CA 92101

CODE 15B61016. ADMINISTERED BY

Federal Bureau of Prisons MCC San Diego

808 UNION STREET

SAN DIEGO, CA 92101

Jeffrey Spear

(O) 619-232-4311 x1379

(F) 619 231 4913 jspear@bop.gov

FACILITY

CODE

CODE

TELEPHONE NO.

17a. CONTRACTOR/

OFFEROR

15B610CODE18a. PAYMENT WILL BE MADE BY

Federal Bureau of Prisons MCC San Diego

808 UNION STREET

SAN DIEGO, CA 92101

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

0001 Delivery Date: 07/12/2019

RFQ for subsistence products for MCC San Diego FY 19, 4TH QTR. Deliveries must be scheduled with the Food Service Administrator prior to shipment. Please see cover memo for more information. CONTINUED PAGE 4

See Continuation Sheet(s) (Use Reverse and/or Attach Additional Sheets as Necessary)

0.000000 EA $________________$_______________________

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

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

Jeffrey Spear

31c. DATE SIGNED

05/31/2019

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B61019Q00000003 Page 3 of 16

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

15B61019Q00000003 Page 4 of 16

Table of Contents

Section Description Page Number

1 Solicitation/Contract Form 2 Commodity or Services Schedule 3 Contract Clauses 4 List of Attachments 5 Solicitation Provisions

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

15B61019Q00000003 Page 5 of 16

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Delivery Monday thru Friday 0900 to 1230 hrs. We are closed on Federal Holidays. Some items may be delivered to our offsite warehouse. Delivery times to the outside warehouse must be scheduled in advance. Any order you receive will specify the delivery location.

******REMINDER******

ALL ITEMS MUST ADHERE TO OUR NATIONAL

SPECIFICATIONS. IF ITEMS ARE NOT TO SPEC, THEY WILL BE

RETURNED.

ALL VEGETABLE ITEMS IN THIS RFQ SHOULD BE GROWN,

PROCESSED, AND PACKED IN THE US AND/OR CANADA. IF

THEY ARE NOT THEY WILL BE TURNED AWAY UPON

INSPECTION OF DELIVERY

See attached sheets for item quantities and specifications

15B61019Q00000003 Page 6 of 16

SAN DIEGO MCC Federal Bureau of Prisons

Item Name Units to OrderUnit Type RequestedUFMS # Item Price Total Price

Beef, Ground, 80/20 10000Ground Beef, 80/20, by the pound________ _______________ _______________

Beef, Ground, 80% Lean, IMPS 136, Frozen. Will consist of chopped fresh and/or frozen beef without seasoning. Beef must be produced from current raw material, no bench trimmings, steak trim, or reground product to be used as raw material. Finished beef will not contain more than 20% fat, and will not contain added water, phosphates, binders, or extenders. No partially defatted tissue or advanced meat recovery product. BEEF MUST BE 6 MONTHS OR YOUNGER UPON DELIVERY WITH THE DATE ON THE LABEL, NO STAMPED/WRITTEN DATES. When trimmed beef cheek meat is used in preparation, the amount of such meat will be limited to 25%; NO ORGAN/TONGUE MEAT. Delivered cases must be labeled All Beef, Pure Beef, or 100% Beef and with fat percentage.

Manufacturers letters will NOT be accepted in lieu of labeling. Beef must have a rosy appearance upon delivery. Beef that is grey, brown or tan in color will be rejected. Clear 1 mil or thicker sealed bags. No open bags, opaque or colored bags.

Beef, Roast Beef, Raw 5000Roast Beef, Raw, by the pound________ _______________ _______________

Beef Roast, Raw Beef Top or Bottom Round (Gooseneck), IMPS 168, 169, 169A, 170, 170A, 171B. Frozen, approximate weight range 12 to 28 lb. Quote MUST indicate actual IMPS & average roast weight of quoted item.

Beef, Stew Meat 2000Stew Meat, Beef, by the pound________ _______________ _______________

Beef for Stewing, Raw, IMPS 135A, diced pieces must be sized - not less than a 3/4" cube or not more than a 1-1/2 "cube and no individual surface must be more than 2.5 inches in length, the fat thickness of the surface and or seam fat must not exceed 1/4 inch at any point. Product to be packed in 10 to 40 lb cases. Delivered Frozen. VEAL is not a substitute for this specification.

Chicken, Boneless/Skinless 10000Chicken Boneless/Skinless, by the pound

Chicken, Boneless, Skinless, Raw, White Meat (Tender/Breast Meat), Frozen, A or B quality per USDA, U. S. Classes, Standards & Grades for Poultry AMS 70.200 et seq. Boneless skinless breasts must be free of cartilage % fat. Boneless breasts (excluding the attached tenderloin) must be free of tendons. Tendons normally associated with tenderloins are permitted. Tenderloins/boneless, skinless parts must be free of blood clots bruises cuts tears & holes in the muscle tissue. Slight discoloration/separation of the muscle tissue is permitted on parts, provided it does not detract from the appearance. Boneless/ skinless parts may be diced. Dicing process must result in size reduced portions of meat that are intact, not mutilated, relatively uniform in size, and with surfaces relatively smooth.

Unbreaded. Packed in poly bag boxes. All packaging and materials must be clean/new condition. Products produced/ labeled with any phrase containing under religious exemption will be refused.

RFQ#

Budget: FY 19 4TH QTR BUDGET AnyFood Cost Category:

Report Criteria

Bid Group: Any

15B61019Q00000003 PAGE 7 OF 16

Fish Patty, Breaded, 4oz 6000Fish Patty, Breaded, 4oz. by the pound

Fish, Alaska Pollock, Cod, or Other, Fillet Block, Single Frozen, Portion, Any Shape, Any Oven Ready Weight, Fried Fish Type, Composition (a) (Meets the requirements of U.S. Grade A [Portions – 65 percent by weight of fish flesh; all other fishery product types – 60 percent by weight of fish flesh]), Crumb Coated Breading, Unflavored. (CID A-A-20325, Fish Species I, II, or III, Style A, Type 2, Oven Ready Weight (a – d), Shape (1-3), Fried Fish Type (b), Composition (a), Coating (1). All ingredients in the product must be listed in the ingredients statement on the label in order of predominance, from highest to lowest amounts in accordance with the USDA Food Safety Inspection Service (FSIS) Food Standards and Labeling Policy. Manufacturer’s letters will NOT be accepted in lieu of labeling. Size of patty to be determined locally and size noted on bid.

Disp. Napkins, Each 100Disp. Napkins, Each, 10,000 Count Case

Disposable Napkins

Disp. Sporks, Each 500Disp. Sporks, Each, 1000 Count Case________ _______________ _______________

Disposable Sporks

Food Hat/Bouffant Case, 10,000 ct 35Food Hat/Bouffant, 10,000 Count Case________ _______________ _______________

Food Handler Hat/Bouffant

Real Cheese Shredded, Pounds 2000Real Cheese Shredded, Pounds________ _______________ _______________

Real Cheese Shredded, Pounds - any kind (cheddar, mozarella, jack, etc....)

Tofu, Firm, Pounds 1200Tofu Firm, Pounds________ _______________ _______________

Tofu, Regular or Organic, Firm, Medium Firm, Extra Firm, or Super Firm, Refrigerated or Shelf Stable. Ingredients include: Water, Regular or Organic Soy Beans, Calcium Sulfate or Glucono Delta Lactone, and Calcium Chloride. Note package size on bid. Product will not contain any animal by products or ingredients.

RFQ#

Budget: FY 19 4TH QTR BUDGET AnyFood Cost Category:

Report Criteria

15B61019Q00000003 PAGE 8 OF 16

Beverage Mix, 1 oz Pks. Each 200Bev Mix, 1 oz Pks, Each-1000CT Case

Beverage Mix, Assorted Flavors, Individual Packs, Each pack is to make a 8oz serving.

Carrots, Canned 6-#10 ♥ 180Carrots, 6-#10 Cans________ _______________ _______________

Vegetable, Carrots, Canned, Sliced, Diced, Julienne, French Style, or Cut. Minimum Drain Weight 64 oz. U.S. Grade A, U.S. Fancy, U.S. Grade C or U.S. Standard. As defined in Food and Drug Standard of Identity 21 CFR 155.200. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid.

Corn, Canned, 6-#10 ♥ 224Corn, 6-#10 Cans________ _______________ _______________

Vegetable, Corn, Whole Kernel (Whole Grain), Canned, Conventional or Supersweet, Golden (or yellow), Grade A – C. As defined in Food and Drug Standard of Identity 21 CFR 155.130. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid.

Flour, All Purpose, Pounds 50Flour, All Purpose, 50 Pound Bag________ _______________ _______________

Flour, General, All Purpose, Unbleached (CID A-A-20126F, Type II or VI, Style A)

Green Bean, Canned, 6-#10 ♥ 212Green Beans, 6-#10 Cans________ _______________ _______________

Vegetable, Beans, Green, Canned, Cut, Sliced Lengthwise, or French Style, Round Type, Good to Reasonably Good Character (A or B), Minimum Drain Weight 59 oz. U.S. Grade A – C. As defined in Food and Drug Standard of Identity 21 CFR 155.120. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case.

State can or pouch on bid.

RFQ#

Budget: FY 19 4TH QTR BUDGET AnyFood Cost Category:

Report Criteria

15B61019Q00000003 PAGE 9 OF 16

Imitation Maple Syrup, Individual Packet

200Syrup, 1 oz. Ind. Each-100 Count Case

Syrup, Table, Regular or Light, Any flavor (CID A-A-20124D, Type IV, Style 1 or 2, Flavor A, B, C, D, or E. Syrup shall be manufactured in accordance with the U.S. Standard of Identify for Table Syrup, 21 CFR 168.180. Each. Individuals are 1 oz. State case count and flavor on bid.

Mustard, Ind. 4.5 Gram Pks Each 200Mustard, Ind. 4.5 Gram Pks, 200 per Case

Mustard, Prepared, Yellow (Salad Style). (CID A-A-20036C, Type I). EACH. 4.5 Gram Individual Packets. Specify case count on bid.

Non Fat Dry Milk, Pounds 9Non Fat Dry Milk, 50 lb Bag________ _______________ _______________

Nonfat Dry Milk, Fortified with Vitamins A and D (CID A-A-20085D, Type II).

Peanut Butter, Bulk, Pounds 40Peanut Butter, 30 Pound Case________ _______________ _______________

Peanut Butter, Regular or Reduced Fat, Smooth or Chunky/crunchy, Stabilized, Non-fortified, Salted or Unsalted. (CID A-A-20328B, Style I, Class A or B, Texture 1 or 3, Type a, Fortification 1, Seasoning (a) or (b). 1 to 50 lb sealed containers, Specify weight of container on bid.

Peas, Canned, 6-#10 ♥ 112Peas, Green, 6-#10 Cans________ _______________ _______________

Vegetable, Peas, Sweet, Canned. U.S. Grade A – C. As defined in Food and Drug Standard of Identity 21 CFR 155.170. Originated from crops that have been 100 percent grown, processed, and packed in the United States or Canada. 6/#10 cans or pouches per case. State can or pouch on bid.

Pickles, Sliced, Gallons 31Pickles, Sliced, Gallons, 4-1 Gal per Case

Pickles, Sliced crosswise, crosscut or waffle cut style, Bulk, Dill, Cured. Product will comply with the United States Standards for Grades of Pickles (55 FR 11905). Grade A or B. 4/1 Gallon Plastic Containers per case or 5 Gallon Containers. Note package size on bid.

RFQ#

Budget: FY 19 4TH QTR BUDGET AnyFood Cost Category:

Report Criteria

15B61019Q00000003 PAGE 10 OF 16

Units to OrderUFMS # Item Name Unit Type Requested Item Price Total Price

Tomatoes, Diced, 6-#10 Case 212Tomatoes, Diced, 6-#10 Case________ _______________ _______________

Tomatoes, Canned, Diced, as defined in the standard of identity for canned tomatoes (21 CFR 155.190). U.S. Grade A – C, Average Drained weight of 54.7 to 63.5 ounces per #10 can/pouch. 6/#10 cans or pouches per case. State can or pouch on bid.

HR Breakfast Pastries 90000Breakfast Cakes & Pastries, Ind.________ _______________ _______________

Pastries, Breakfast Cakes, Assorted, Individual, Fresh or Frozen, Thaw and Serve, (Muffins, Bagels, Donuts, Cinnamon Rolls, etc.)

Specify Item, size, and case count on bid. Items will not contain poppy seeds.

Tater Tots, Frozen 236Tater Tots, 30 Pound Case________ _______________ _______________

Vegetable, Potatoes, (TATER TOTS) Preformed, Precooked, Frozen, Institutional type, Round, Cross-sectional dimension ¾ to 1” diameter, Length 1 to 1 ½ inch, 47 – 54 units per pound, Unseasoned, seasoned with spices, or seasoned with spices and salt. Oven-baked. (CID A-A-20038C, Pack Type II, Style A, Cross Sectional Dimension 1, Length i, Count A, Seasoning 2, 3, or 5, Cooking Method

Originated from crops that have been 100 percent grown, processed and packed in the United States or Canada.

RFQ#

Budget: FY 19 4TH QTR BUDGET AnyFood Cost Category:

Report Criteria

15B61019Q00000003 PAGE 11 OF 16

Units to Order Item Price Total PriceUFMS # Item Name Unit Type Requested

♥Whole Wheat Bread, Slices 5221WW Bread, Slices, 16 oz. (16sl) Loaf________ _______________ _______________

Bread, White, Whole Wheat, or Wheat, Unseasoned, Fresh, Any Loaf Size, Pan Baked, Sandwich, Sliced, Enriched, Seedless. (CID A- A-20052B, Type I, Style B, Type II, or Type III, Style B, Product State 1, Loaf Size a-e, Bake Type i, Shape b, Slice Type I, Enrichment Type A, Seed Type 2). Fresh bread shall be delivered within 48 hours after baking. State type and loaf size on bid.

♥Whole Wheat Hamburger Buns, Fresh, Each

200Whole Wheat Hamburger Buns, Fresh, 12/Pkg

Bread, Roll, Enriched, Sandwich (Hamburger), White, Whole Wheat, Part Whole Wheat, or Multigrain, Pan Baked, Sliced, Fresh, Seedless. (CID A-A-20053B, Type I, Class of Roll C, Style of Roll 1, 2, 3, or 4, Bake Type a, Slice Type i, Product State a, Seed type I).

Fresh bread shall be delivered within 48 hours after baking. State type and package size on bid.

♥Whole Wheat Hot Dog Buns, Fresh Each

1327Whole Wheat Hot Dog Buns, Fresh, 12/Pkg

Bread, Roll, Enriched, Finger (Hot Dog), White or Wheat, Pan Baked, Sliced, Fresh, Seedless. (CID A-A-20053B, Type I, Class of Roll D, Style of Roll 1 or 3, Bake Type a, Slice Type i, Product State a, Seed type I). Fresh bread shall be delivered within 48 hours after baking. State type and package size on bid.

RFQ#

Budget: FY 19 4TH QTR BUDGET AnyFood Cost Category:

Report Criteria

15B61019Q00000003 PAGE 12 OF 16

Section 3 - Contract Clauses

This Section Is Intentionally Left Blank

15B61019Q00000003 Page 13 of 16

Section 4 - List of Attachments

15B61019Q00000003 Page 14 of 16

Section 5 - Solicitation Provisions

52.209-5 Certification Regarding Responsibility Matters (Oct 2015)

(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 $3,500 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 de-termined 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 re-view 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 un-

15B61019Q00000003 Page 15 of 16 der I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further ap-peal 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 exer-cised 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 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 manage-ment or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business seg-ment; 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 nonresponsible.

(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 ex-ceed 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 mak-ing award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies avail-able to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of provision)

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