Attachment 4 - Representation by Corporations Regarding Delinquent Tax or a Felony Conviction.pdf
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- Solicitation number
- FA890326R0001
About this file
This is a federal contract provision template that establishes eligibility requirements for corporations bidding on government contracts.
The provision prohibits the government from entering into contracts with corporations that have unpaid Federal tax liabilities that have been assessed, with all judicial and administrative remedies exhausted or lapsed, and that are not being paid in a timely manner pursuant to an agreement with the tax collection authority—unless the awarding agency has considered suspension or debarment and determined such action is unnecessary to protect government interests. Additionally, the government will not contract with corporations convicted of a felony criminal violation under any Federal law within the preceding 24 months, unless the agency has similarly considered and ruled out suspension or debarment as unnecessary for government protection. The provision requires offerors to represent their compliance status by checking boxes indicating whether they are or are not a corporation meeting either disqualifying condition. This representation applies to contracts where this provision is prescribed, as referenced in FAR 9.104-7(d), and was effective as of February 2016.
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Text version
52.209-11 Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
As prescribed in 9.104-7(d), insert the following provision:
Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law (Feb 2016)
(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that–
(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or
(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.
(b) The Offeror represents that–
(1) It is □ is not □ a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and
(2) It is □ is not □ a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.
(End of provision)
Parent topic: 52.209 [Reserved] https://www.acquisition.gov/far/9.104-7#FAR_9_104_7 https://www.acquisition.gov/far/52.209
File details come from the government source that posted it. Updated .