Deviations_-_Awards.pdf

Attachment 2A

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, memorandum 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 determination 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 responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that 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 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 judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability.

(End of Clause)

Attachment 2B

Contractor Internal Confidentiality Agreements or Statements Prohibiting or Restricting

Reporting of Waste, Fraud, and Abuse – 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 statement prohibiting or otherwise restricting such employees 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.

Attachment 2C

Contractor Certification of Compliance with Federal Tax Requirements – Award

(DEVIATION 2015-02) (March 2015)

By accepting this award or order, the contractor certifies that, to the best of its knowledge and belief, the contractor has (a) filed all Federal tax returns requires during the three years preceding the certification, (b) not been convicted of a criminal offense under the Internal Revenue Code of

1986, and (c) not been notified, more than 90 days before the subject certification, of any unpaid

Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the

Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.