15B61021Q00000001 - full.pdf

U.S. Department of Justice

Federal Bureau of Prisons

MCC San Diego Financial Management

808 Union St

San Diego, Ca 92101

November 28, 2020

Food Service Contractor:

Metropolitan Correctional Center (MCC), San Diego, California, is soliciting quotations under RFQ 15B61021Q00000001 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 December 15, 2020 @ 1700 hours PST

- We will anticipate the delivery of awarded items during the week of January 4, 2021

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 either to the institution or to our cold storage warehouse. 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 Matthew Grove

(619) 232-4311 x1398 mgrove@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:mgrove@bop.gov

2nd Quarter

FY 21

Subsistence

Requirements

RFQ 15B61021Q00000001

(Please submit the following information with your quote)

VENDOR NAME ______________________________

DUNS NUMBER ______________________________

CONTACT NAME _____________________________

PHONE NUMBER _____________________________

FAX NUMBER _______________________________

EMAIL ____________________________________

15B61021Q00000001 Page 1 of 11

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

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

1. REQUISITION NUMBER

5. SOLICITATION NUMBER

15B61021Q00000001

2. CONTRACT NO. 3. AWARD/EFFECTIVE

DATE

4. ORDER NUMBER 6. SOLICITATION ISSUE

DATE

11/28/2020

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

12/15/2020 17:00 PT

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: 01/08/2020

RFQ for subsistence products for MCC San Diego FY 21, 2ND QTR. Deliveries must be scheduled with the Food Service Administrator prior to shipment. Please see cover memo for more information. CONTINUED PAGE 4

Firm Fixed Price

PSC: 8905

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

0 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

X 28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN 1 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

11/28/2020

AUTHORIZED FOR LOCAL REPRODUCTION

PREVIOUS EDITION IS NOT USABLE

STANDARD FORM 1449 (REV. 2/2012)

Prescribed by GSA - FAR (48 CFR) 53.212

15B61021Q00000001 Page 2 of 11

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

15B61021Q00000001 Page 3 of 11

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)

15B61021Q00000001 Page 4 of 11

Section 2 - Commodity or Services Schedule

SCHEDULE OF SUPPLIES/SERVICES

CONTINUATION SHEET

ITEM NO. SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

Delivery to MCC is 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

SAN DIEGO MCC Federal Bureau of Prisons

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

Bid Group - Meats

Storage Area - Frozen

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.

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.

Fish Fillet, Breaded, 4-6oz 4000Fish Fillet, Breaded, 4-6oz________ _______________ _______________

Fish Fillets, Raw, Breaded, Individually Quick Frozen, Unglazed, Skin-off (skinless), Practically boneless fillet. U.S. Grade A or B (per Grades of Frozen Raw Breaded Fish Portions). Acceptable types include Tilapia, Cod, Whiting, Haddock, Hake, Pollock, Flounder, Sole, Turbot, Plaice, or Halibut. Frozen raw breaded portions are clean, wholesome, uniformly shaped, unglazed masses of cohering pieces (not ground) of fish flesh coated with breading and contain not less than 75 percent, by weight, of fish flesh. Fish portion must meet weight requirements when thawed and drained, Note type and size on bid. 4 to 7 oz.

Hot Dogs, 10-1 200010-1 Hot Dogs, by the pound________ _______________ _______________

Frankfurters (Hot Dogs), Fully Cooked, Frozen, Turkey or Chicken (or combination), 6 inch, 10:1 Ratio, Skinless, Without non-meat binders and extenders or With non-meat binders and extenders (such as nonfat dry milk, wheat, rice, soy flour, or soy protein concentrate. (IMPS 800, Major Ingredient P or P1 OR CID A-A-20341, Meat Species IV or V, Size A, Ratio 1, Non-meat binders and extenders (a) or (b). Finished product will not contain more than 30% fat or no more than 10% added water, or a combination of 40% fat and added water. Non-meat binders and extenders may be used up to 3.5% or isolated soy protein may be used up to 2% in the frankfurters per 9 CFR § 424.21 (c). 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 FSIS Standards and Labeling Policy. Manufacturer’s letters will NOT be accepted in lieu of labeling.

Bid Group - Subsistence

Storage Area - Dry

Sugar Subsistute, Ind., Each 175831Sugar Substitute, Ind., Each________ _______________ _______________

Sugar Substitute, Non-Carbohydrate, Saccharin, Acesulfame K, Aspartame, Sucralose, Neotame, or Rebaudioside A, Granular, Packaged in Envelopes/ Packets. (CID A-A-20178C, Types I-VI, Style A, Package 1). Each individual is .80 to 1.0 Gram. State case count on bid.

Beets Sliced, 6-#10 Case 112Beets, Sliced, 6-#10 Cans________ _______________ _______________

Vegetable, Beets, Canned, Whole, Slices, Quarters, 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 Identify 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.

RFQ# 15B61021Q00000001 Page 5 of 11

Budget: 2nd qtr 2021 AnyFood Cost Category:

Report Criteria

Bid Group: Any

Carrots, Canned 6-#10 ♥ 139Carrots, 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.

Greens, Collard, Canned ♥ 112Greens, Collard, 6-#10 Cans________ _______________ _______________

Vegetable, Collard Greens, Canned, Grade U.S. No. 1. As defined in Title 7, 51.521. 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.

Mixed Vegetables, Canned ♥ 112Mixed Vegetable, 6#10 Cans________ _______________ _______________

Vegetable, Mixed (5-way mix including carrots, green beans, peas, corn, and lima beans), Canned, With Salt, Without Salt, No Salt Added, Low Sodium, or Other, (CID A-A-20120E, Type II, Style A, B, C, D, or E). Minimum Drain Weight of 64 oz. 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.

Mushrooms, Canned, 6-#10 56Mushrooms, 6-#10 Cans________ _______________ _______________

Vegetable, Mushrooms, Brown, Buttons, Sliced Whole, Random Sliced Whole, Sliced Buttons, or Steams and Pieces, Minimum Drain weight 58 oz. U.S. Grade A, U.S. Fancy, U.S. Grade B, or U.S. Extra Standard. 6/#10 cans or pouches per case. State can or pouch on bid.

Pasta, Egg Noodle, Pounds 50Pasta, Egg Noodle, 10 Pound Case________ _______________ _______________

Pasta, Enriched Egg Noodles, Ribbon Shaped Noodles or Large Bow Shaped Noodles, (CID A-A-20063C, Type I or Type II Style B). 1 lb to 40 lb sealed bags.

Pasta, Ziti, Pounds 50Pasta, Ziti, Pounds, 20 Pound Case________ _______________ _______________

Pasta, Macaroni, Ziti Form, Whole Wheat Blend, Whole Wheat, or Regular (CID A-A-20062E, Type XIII, Style A, B, or C). Enriched in accordance with the requirements as specified in 21 CFR 139.115 and 21 CFR 139.135. 1 lb to 40 lb sealed bags.

Peas & Carrots, Canned, 6-#10 ♥ 112Peas & Carrots, 6-#10 Cans________ _______________ _______________

Vegetable, Peas and Carrots, Canned, Sliced, Diced, Double Diced, or Strips. Peas not less than 50% of drained product and Carrots not less than 25% of drained weight. Minimum Drain Weight 70 oz. U.S. Grade A, U.S. Fancy, U.S. Grade B or U.S. Extra Standard.

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.

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.

Tomato Paste, Canned, 6-#10 56Tomato Paste, 6-#10 Cans________ _______________ _______________

Tomato, Paste, as defined in the standard of identity for tomato paste (21 CFR 155.191). Natural Tomato Soluble Solids ranging from extra heavy to medium concentration (28 to 39.3%). U.S. Grade A, U.S. Fancy, U.S. Grade C, or U.S. Standard. 6/#10 cans or pouches per case. State can or pouch on bid.

Tomatoes, Crushed, 6#10 Canned or Pouch

56Tomato, Crushed, 6-#10 Cans________ _______________ _______________

Tomato, Crushed, Peeled, Tomato Soluble Solids (TSS) 12% or Greater; Color, Flavor, Odor to be equivalent to Grade A for Tomato Puree; Minimum Drain Weight 63.5 oz., Grade Standard Reference Title 7 CFR 52.5168, 6/#10 Cans or pouches per case. State can or pouch on bid.

RFQ# 15B61021Q00000001 Page 6 of 11

Budget: 2nd qtr 2021 AnyFood Cost Category:

Tomatoes, Diced, 6-#10 Case 280Tomatoes, 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.

Storage Area - Frozen

Flour, Tortilla, 10", Each 6100Flour, Tortilla, 10", Each________ _______________ _______________

Tortillas, Wheat, White with spices or herbs, or Other, 7” – 10” in diameter, Round, Shelf stable, refrigerated, or frozen, Table Ready (CID A-A-20143B, Type 1, Style B, C, or E, Size 7, 8, or 9, Shape a, Enrichment type i, Product state a, c, or d, Cook state I). Each.

State case count on bid.

RFQ# 15B61021Q00000001 Page 7 of 11

Budget: 2nd qtr 2021 AnyFood Cost Category:

15B61021Q00000001 Page 8 of 11

Section 3 - Contract Clauses

This Section Is Intentionally Left Blank

15B61021Q00000001 Page 9 of 11

Section 4 - List of Attachments

This Section Is Intentionally Left Blank

15B61021Q00000001 Page 10 of 11

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, 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 $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 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.

15B61021Q00000001 Page 11 of 11

(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 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 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 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.

(End of provision)