DJA-13-AHDQ-R-0061_Media_Support_Services.pdf
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- Media Support Services Federal contract opportunity
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- DJA-13-AHDQ-R-0061
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SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS
OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24 & 30
1. REQUISITION NUMBER OMB Clearance Control Number:
1103-0018
5. SOLICITATION NUMBER
DJA-13-AHDQ-R-0061
2. CONTRACT NO. 3. AWARD/EFFECTIVE
DATE
4. ORDER NUMBER 6. SOLICITATION ISSUE
DATE
08/24/2013
7. FOR SOLICITATION
INFORMATION CALL:
a. NAME
Jim Huff
b. TELEPHONE NUMBER (No collect calls)
2026489117
8. OFFER DUE DATE / LOCAL
TIME
08/29/2013 15:00:00
CODE AACQ
ATF - ACQUISITIONS BRANCH
Jim Huff, 2026489117 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: D07
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 A40100016. ADMINISTERED BY
ATF - Logistics & Acquisition Division 99 New York Ave NE
WASHINGTON, DC 20226
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 Finance.Branch@ATF.gov Washington, DC 20226
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: 09/15/2018
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)
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. 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)
James M. Huff
31c. DATE SIGNED
AUTHORIZED FOR LOCAL REPRODUCTION
PREVIOUS EDITION IS NOT USABLE
STANDARD FORM 1449 (REV. 02/2012)
Prescribed by GSA - FAR (48 CFR) 53.212
DJA-13-AHDQ-R-0061 Page 1 of 54
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
DJA-13-AHDQ-R-0061 Page 2 of 54
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) 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) 52.233-2 Service of Protest (Sept 2006) ATF-33 Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (January 2012) Section L Instructions, Conditions and Notices to Bidders Section M Evaluation Factors for Award
DJA-13-AHDQ-R-0061 Page 3 of 54
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: 09/16/2013 - 09/15/2014
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: 09/16/2014 - 09/15/2015
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: 09/16/2015 - 09/15/2016
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: 09/16/2016 - 09/15/2017
12.000000 MO $____________ $___________________
DJA-13-AHDQ-R-0061 Page 4 of 54
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: 09/16/2017 - 09/15/2018
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 technical support is provided. The ability to perform searches of archived broadcast television (NOT content posted on websites- but con-tent 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.
DJA-13-AHDQ-R-0061 Page 5 of 54
• Mobile - Broadcast monitoring service with full mobile capabilities both to stream and to play edited video. Full func-tionality 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/de-lete/change keywords as often necessary.
• Permanent Archive - Ability to save unlimited clips.
• 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 previous 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
DJA-13-AHDQ-R-0061 Page 6 of 54
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.
DJA-13-AHDQ-R-0061 Page 7 of 54
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/far
Clause Title
52.246-4 Inspection of Services--Fixed-Price (Aug 1996)
52.246-25 Limitation of Liability--Services (Feb 1997)
52.243-1 Alt II Changes--Fixed-Price (Aug 1987)- Alternate II (Apr 1984)
52.242-17 Government Delay of Work (Apr 1984)
52.242-15 Stop-Work Order (Aug 1989)
52.242-13 Bankruptcy (July 1995)
52.237-2 Protection Of Government Buildings, Equipment, And Vegetation (Apr 1984)
52.233-4 Applicable Law for Breach of Contract Claim (Oct 2004)
52.228-7 Insurance--Liability to Third Persons (Mar 1996)
52.228-5 Insurance - Work on a Government Installation (Jan 1997)
52.225-13 Restrictions on Certain Foreign Purchases (June 2008)
52.222-50 Combating Trafficking in Persons (Feb 2009)
52.222-1 Notice to the Government of Labor Disputes (Feb 1997)
52.212-4 Contract Terms and Conditions--Commercial Items (Feb 2012)
52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or
Proposed for Debarment (Dec 2010)
52.204-9 Personal Identity Verification of Contractor Personnel (Jan 2011)
52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sept 2006) - Alternate I (Oct 1995)
52.203-3 Gratuities (Apr 1984)
DJA-13-AHDQ-R-0061 Page 8 of 54
Clause Title
52.203-12 Limitation On Payments To Influence Certain Federal Transactions (Oct 2010)
52.202-1 Definitions (Jan 2012)
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 Jim Huff Contracting Officer james.huff@atf.gov PH# 202/648-9117
G.2 CONTRACTING OFFICER'S REPRESENTATIVE (COR)
Debra Manning
Public and Governmental Affairs
99 New York Avenue
Washington, DC 20226
Phone 202/648-7376
E-Mail Debra.Manning@atf.gov
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 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:
DJA-13-AHDQ-R-0061 Page 9 of 54
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-16 QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILITY INQUIRIES
QUARTERLY CONTRACTOR ACCOUNTS PAYABLE LIABILTY INQUIRIES (Revised March 17,2009)
ATF contractors are required to provide quarterly contractor accounts payable liabilities. These quarterly submissions require contract-ors to update information on unpaid bills and non-invoiced activity.The quarterly submissions must be received by these dates:
December 10th for the quarter ending December 31; March 10th for the quarter ending March 31; June 10th for the quarter ending June 30th; and September 10th for the quarter ending September 30th.The information will be used for the preparation of ATF's Fin-ancial Statements purpose only.
DJA-13-AHDQ-R-0061 Page 10 of 54
The contractor will use the ATF's internet websites listed below to access the Periodic Vendor Query Instructions and Vendor Query Spreadsheet to submit their quarterly submissions.The contractor must fill in the columns as requested in the Periodic Vendor Query Instructions, along with the name/title and date in the Vendor Query Attachment Worksheet. The contractor's company name alone has to be entered in the subject line of the e-mail and submit this information to VEInquiry@atf.gov and the ATF Contracting Of-ficer's Representative (COR)/POC named in Section G of this contract.
Link to the Business Opportunities page: http://www.atf.gov/about/business-opportunities/
Link to the What's New page: http://www.atf.gov/whatsnew.html
Link to the Vendor Instructions: http://www.atf.gov/about/business-opportunities/vendor-query-instructions.html
Link to the Excel Spreadsheet: http://www.atf.gov/about/business-opportunities/documents/vendor-query-template.xls
Contractors who are unable to submit this information via e-mail, must have this information mailed and received by the due dates stated above to the ATF COR/POC named in Section G of this contract and ATF's Accounting Branch at the address provided below:
Bureau of Alcohol, Tobacco, Firearms & Explosives (ATF)
Attn:Accounting Branch Expedite Quarterly Contractor Inquiries
99 New York Avenue, NE
Mail Drop 4S-288
Washington, DC 20226
Failure to provide this information within the specific time may result in delays of invoice payments or reflect negatively in the con-tractor's performance evaluation, as specified in Federal Acquisition Regulation (FAR) Part 42.1501.
(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)
DJA-13-AHDQ-R-0061 Page 11 of 54
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 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 tot he 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-
DJA-13-AHDQ-R-0061 Page 12 of 54 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)
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.
(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:
DJA-13-AHDQ-R-0061 Page 13 of 54
(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).
__(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)
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(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.).
__(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).
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__(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.
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)).
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(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.).
(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)
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Section 4 - List of Attachments
Exhibits and Attachments
This Section Is Intentionally Left Blank
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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/far
Clause Title
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:
DJA-13-AHDQ-R-0061 Page 19 of 54
(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-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 manger; 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…
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