COMBO_Cath0830MuDir.pdf

Solicitation # _FA5000-16-T-0043

COMBINED SYNOPSIS/SOLICITATION ‘COMBO’:

0830 Catholic Mass Musician and Music Director

(i) This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in FAR Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued.

(ii) Solicitation FA5000-16-T-0043 is issued as a Request for Quotation (RFQ).

(iii) The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 2005-88, effective 15 Jun 2016. The DFARS provisions and clauses are those in effect to DPN 20160607, effective 07 Jun 2016. The AFFARS provisions and clauses are those in effect to AFAC 2016-0603, effective 3 Jun 2016.

(iv) This requirement is solicited as a 100% total small business set aside. The associated North

American Industrial Classification System (NAICS) code for this procurement is 813110 with a small business size standard of $7.5 Million.

(v) The Pricing Schedule is incorporated as Attachment 1. Offerors shall complete Attachment 1 in its entirety and return with any other documentation/data as required by this Combo.

(vi) The government intends to award a firm-fixed price contract for the following:

Line

Item

Description:

Contractor is responsible for performing services per statement of work for the following areas:

Quantity

0001 0830 Mass Rehearsals 52 Each

0002 0830 Sunday Mass Performances 52 Each

0003 Special Performances 25 Each

0004 Special Rehearsals 25 Each

(vii) Period of Performance: The Period of Performance will be 28 September 2016 to 27

September 2017 with two additional option years as follows:

Option Year 1: 28 September 2017 to 27 Sep 2018

Option Year 2: 28 September 2018 to 27 Sep 2019

*Location of services will be per statement of work. Exact location will be given upon award.

(viii) FAR 52.212-1 Instructions to Offerors -- Commercial Items (Oct 2015) is hereby incorporated by reference, with the same force and effect as if it were given in full text. In addition to the following addendum, all terms and conditions of FAR 52.212-1 remain in effect.

The following have been tailored to this procurement and are hereby added via addendum:

1. To assure timely and equitable evaluation of the proposal, the vendors must follow the instructions contained herein. The proposal must be complete, self-sufficient, and respond directly to the requirements of this solicitation.

2. Specific Instructions: The response shall consist of two (2) separate parts:

a. Part 1- Technical Acceptability - Submit one (1) copy of technical acceptability narrative.

b. Part 2- Price – Submit one (1) copy of price schedule and any pertinent additional information.

3. Award will be made to the vendor whose quote is conforming to the solicitation and is determined to be the lowest price technically acceptable. Technical Acceptability, at a minimum, is defined as meeting all of the criteria and specifications in Attachment 1 and 2. Price and technical acceptability will be considered.

(ix) FAR 52.212-2 Evaluation -- Commercial Items (Oct 2014) this provision has been tailored to this procurement and is provided in full-text below:

(a) The Government will award a contract resulting from this solicitation to the responsible vendors whose quote conforming to the solicitation will be most advantageous to the

Government, price and other factors considered. The following factors shall be used to evaluate quotes:

(i) Technical acceptability

(ii) Price

The lowest priced offer will be evaluated for technical acceptability. If found technically acceptable, the award will be made without further consideration. If found technically unacceptable, the government will evaluate the next lowest offer for technical acceptability until award can be made to the lowest priced technically acceptable offeror.

"Price Evaluation: The price equivalent to the six (6) months extension of services authorized by

52.217-8 will be evaluated and factored as part of the total evaluated price (TEP) for award. The

Government will calculate proposed prices for a quantity equivalent to six months by prorating proposed prices offered for each Contract Line Item Number (CLIN) including Option’s under

FAR 52.217-9, using the following formula:

Base Year Total amount = CLIN Extended Amount x 0.5*

Option Year 1 = CLIN Extended Amount x 0.5*

Option Year 2 = CLIN Extended Amount x 0.5*

Note* 0.5 is the multiplicative factor used to derive the six months quantity value."

This will be a lowest price technically acceptable purchase. Technical acceptability – at a minimum – will consist of meeting all characteristics, including those listed in Attachment 2, Statement of Work.

(b) Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s).

(c) A written notice of award or acceptance of an offer mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the

Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award.

(x) Each vendor shall ensure the provision at FAR 52.212-3 including its Alternate I, Vendors

Representations and Certifications--Commercial Items (Apr 2016), are updated at www.sam.gov.

Failure to obtain SAM registration will result in submissions not being considered for award.

(xi) The clause at FAR 52.212-4, Contract Terms and Conditions – Commercial Items (May

2015), is hereby incorporated by reference, with the same force and effect as if it were given in full text.

(xii) The clause at FAR 52.212-5, Contract Terms and Conditions Required To Implement

Statutes Or Executive Orders – Commercial Items (Mar 2016), is hereby incorporated by reference, with the same force and effect as if it were given in full text. Additionally, the following clauses apply to this acquisition:

FAR 52.204-6 DATA UNIVERSAL NUMBERING SYSTEM NUMBER Jul-13

FAR 52.204-10

REPORTING EXECUTIVE COMPENSATION AND FIRST-TIER

SUBCONTRACT AWARDS

Oct-15

FAR 52.204-16 COMMERCIAL AND GOVERNMENT ENTITY CODE REPORTING Jul-15

FAR 52.204-18 COMMERCIAL AND GOVERNMENT ENTITY CODE MAINTENANCE Jul-15

FAR 52.204-19

INCORPORATION BY REFERENCE OF REPRESENTATIONS AND

CERTIFICATIONS

Dec-14

FAR 52.209-6

PROTECTING THE GOVERNMENT'S INTEREST WHEN

SUBCONTRACTING WITH CONTRACTORS DEBARRED, SUSPENDED,

OR PROPOSED FOR DEBARMENT

Oct-15

FAR 52.209-10

PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC

CORPORATIONS

Nov-15

FAR 52.219-28 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION Jul-13

FAR 52.222-3 CONVICT LABOR Jun-03

FAR 52.222-19 CHILD LABOR--COOPERATION WITH AUTHORITIES AND REMEDIES Feb-16

FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES Apr-15

FAR 52.222-26 EQUAL OPPORTUNITY Apr-15

FAR 52.222-36 EQUAL OPPORTUNITY FOR WORKERS WITH DISABILITIES Jul-14

FAR 52.222-50 COMBATING TRAFFICKING IN PERSONS Mar-15

FAR 52.223-18

ENCOURAGING CONTRACTOR POLICIES TO BAN TEXT MESSAGING

WHILE DRIVING

Aug-11

FAR 52.225-13 RESTRICTIONS ON CERTAIN FOREIGN PURCHASES Jun-08

FAR 52.225-25

PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN

CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—

REPRESENTATION AND CERTIFICATIONS

Oct-15

FAR 52.232-33

PAYMENT BY ELECTRONIC FUNDS TRANSFER-- SYSTEM FOR

AWARD MANAGEMENT

Jul-13

FAR 52.232-39 UNENFORCEABILITY OF UNAUTHORIZED OBLIGATIONS Jun-13

FAR 52.232-40

PROVIDING ACCELERATED PAYMENTS TO SMALL BUSINESS

SUBCONTRACTORS

Dec-13

FAR 52.233-3 PROTEST AFTER AWARD Aug-96

FAR 52.233-4 APPLICABLE LAW FOR BREACH OF CONTRACT CLAIM Oct-04

DFARS 252.203-7000

REQUIREMENTS RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS

Sep-11

DFARS 252.203-7002

REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER

RIGHTS

Sep-13

DFARS 252.203-7005

REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD

OFFICIALS

Nov-11

DFARS 252.204-7008

COMPLIANCE WITH SAFEGUARDING COVERED DEFENSE

INFORMATION CONTROLS

Dec-15

DFARS 252.204-7011 ALTERNATIVE LINE-ITEM STRUCTURE Sep-11

DFARS 252.204-7012

SAFEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL

INFORMATION

Dec-15

DFARS 252.204-7015

DISCLOSURE OF INFORMATION TO LITIGATION SUPPORT

CONTRACTORS

May-16

DFARS 252.211-7003 ITEM IDENTIFICATION AND VALUATION Mar-16

DFARS 252.213-7000

NOTICE TO PROSPECTIVE SUPPLIERS ON USE OF PAST

PERFORMANCE INFORMATION RETRIEVAL SYSTEM – STATISTICAL

REPORTING IN PAST PERFORMANCE EVALUATIONS

Jun-15

DFARS 252.223-7008 PROHIBITION OF HEXAVALENT CHROMIUM Jun-13

DFARS 252.225-7000

BUY AMERICAN STATUTE – BALANCE OF PAYMENTS PROGRAM

CERTIFICATE

Nov-14

DFARS 252.225-7001 BUY AMERICAN AND BALANCE OF PAYMENTS PROGRAM-- BASIC Nov-14

DFARS 252.225-7002 QUALIFYING COUNTRY SOURCES AS SUBCONTRACTORS Dec-12

DFARS 252.225-7048 EXPORT-CONTROLLED ITEMS Jun-13

DFARS 252.232-7003

ELECTRONIC SUBMISSION OF PAYMENT REQUESTS AND RECEIVING

REPORTS

Jun-12

DFARS 252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS May-13

DFARS 252.232-7010 LEVIES ON CONTRACT PAYMENTS Dec-06

DFARS 252.244-7000 SUBCONTRACTS FOR COMMERCIAL ITEMS Jun-13

DFARS 252.247-7023 TRANSPORTATION OF SUPPLIES BY SEA--BASIC Apr-14

AFFARS 5352.201-9101 OMBUDSMAN Apr-14

(xiii) The clause at FAR 52.217-8 -- Option to Extend the Term of The Contract (Nov 1999)

(a) 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 Officer may exercise the option by written notice to the Contractor not later than 15 days prior to contract expiration.

(End of clause)

The clause at FAR 52.217-9 -- Option to Extend the Term of the Contract. Option to Extend the

Term of the Contract (Mar 2000) is hereby incorporated by full text below:

(a) The Government may extend the term of this contract by written notice to the Contractor not later than 30 days prior to contract expiration; provided that the Government gives the Contractor a preliminary written notice of its intent to extend not later than 60 days 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 42 months.

(xiv) No additional contract requirements apply to this acquisition.

(xv) No Defense Priorities and Allocations System (DPAS) assigned rating applies to this acquisition.

(xvi) NOTICE TO ALL INTERESTED PARTIES:

Questions shall be submitted to the following personnel:

673d Contracting Squadron/LGCC

Attn: TSgt Darin Murakami, darin.murakami@us.af.mil

Please forward all questions to TSgt Darin Murakami at darin.murakami@us.af.mil no later than

10AM AKDT on 28 June 2016. An amendment will be issued providing the Government’s answers to any questions received.

Quotes are due no later than 2PM AKDT on 5 July2016. Quotes shall include the following:

a. Part 1- Technical Acceptability - Submit one (1) copy of technical acceptability narrative.

mailto:darin.murakami@us.af.mil

b. Part 2- Price – Submit one (1) copy of price schedule as well as any additional pertinent information

BASIS OF CONTRACT AWARD: This is a competitive action in which award shall be made to the lowest priced, technically acceptable quote.

(xvii) Quotations shall be submitted to TSgt Darin Murakami at darin.murakami@us.af.mil. For information regarding this solicitation, contact the same.

List of Attachments:

Attachment 1: Pricing Schedule

Attachment 2: Statement of Work

Attachment 3: DFARS 252.209-7991

Attachment 1: Pricing Schedule, 2 pages

Line Item Description Quantity

Unit of

Issue Unit Price Extended Price

N/A Contractor shall adhere to statement of work for base and all option years for the following:

N/A N/A N/A N/A

0830 Mass Rehearsals

52 EA $ $

0830 Sunday Mass Performances

52 EA $ $

Special Performances

25 EA $ $

Special Rehearsals

25 EA $ $

BASE YR TOTAL $

OPTION YEAR 1

Option

0830 Mass Rehearsals

52 EA $ $

Option

0830 Sunday Mass Performances

52 EA $ $

Option

Special Performances

25 EA $ $

Option

Special Rehearsals

25 EA $ $

Option Yr

1 Total

TOTAL $

OPTION YEAR 2

Option

0830 Mass Rehearsals

52 EA $ $

Option

0830 Sunday Mass Performances

52 EA $ $

Option

Special Performances

25 EA $ $

Option

Special Rehearsals

25 EA $ $

Option Yr

2 Total

TOTAL $

TOTAL (Base plus +Option Yrs) $

Offers are hereby good for a minimum of 30 days from this Solicitation’s closing date. Offerors may, at their discretion, provide additional time. This offer expires on _______________.

Offerors shall complete the following:

Period of

Performance

Date:

Net Terms:

Business Size:

(Please “X” as applicable)

Small

DUNS #:

Large

Women-Owned

Veteran-Owned

Other:______________________

Printed Name/Title:

Printed Name Title

Signature/Date: _____/_____/______

Signature Date

NOTE: The individual signing must be a signatory official for this Entity; signature constitutes agreement to all terms/conditions contained within this solicitation.

Attachment 2: Statement of Work, 6 pages

JBER 0830 CATHOLIC MASS MUSIC DIRECTOR - MUSICIAN

STATEMENT OF WORK

1. QUALIFICATIONS

1.1. A degree in music from an accredited institution is preferred. (A minimum of four years of experience in Catholic Church music may be substituted.)

1.2. Knowledge of Catholic liturgy, and traditional Christian music is required. Ability to effectively lead a choir and all music required for Mass. The ability to evaluate subcontractor competence/performance in these areas is required.

1.3. Previous experience in a Catholic military chapel setting is preferred, however not required.

1.4. Ability to coordinate all music activities of the Catholic program is required.

1.5. Ability to administer both the documentation of services performed and the timely rendering of payment for subcontractor services (if used) is required.

1.6. A résumé shall be included with bid submissions.

1.7. In accordance with Dept. of Defense Instruction (DODI) 1402.5, each individual working with children under the age of 18 in conjunction with this contract must successfully complete a federally mandated criminal history background check

(conducted by the Base Chapel). Contractor/subcontractor failure to satisfactorily complete the criminal history background check shall result in termination of the contract. Note: This requirement must be met only in the event that you work with any child under age 18 who is not accompanied by a parent or legal guardian.

2. DUTIES

2.1. Contractor shall provide services in coordination with Senior Catholic Chaplain, to include special services/events or seasonal observances.

2.2. Contractor shall provide Worship Service/Ceremony Support (Regularly Scheduled):

Play musical instrument suitable for the designated Worship Service or Ceremony including: accompany singing of hymns, choruses, and spiritual songs; perform preludes; postlude; offertory; and background for meditation and prayers. (Rehearse new music with the congregation prior to mass.)

2.3. Contractor shall play musical instrument as accompaniment for choir and/or worship team rehearsals.

2.4. Contractor shall ensure that all musicians/volunteers are competent and able to perform all music required by the worship services or events to which they are assigned.

2.4.1. Notice of substitution shall be given to the Senior Catholic Chaplain or designee at least 72 hours prior to the scheduled activity. Approval of all substitutions by the

Senior Catholic Chaplain, or designated representative, is required.

2.5. Contractor shall choose all musical selections and liturgy under the direction of the

Senior Catholic Chaplain and ensure that all music is appropriate for the specific type of worship service and Christian season.

2.5.1. Musical selections shall be approved by the Senior Catholic Chaplain.

2.5.2. Contractor shall ensure that musical selections and instrumentation are suited to the venue.

2.5.3. Contractor shall budget for and purchase music in accordance with local Chaplain

Tithes and Offering Fund procedures.

2.6. Contractor schedules choir rehearsals (see para 5.1) in coordination with the Senior

Catholic Chaplain and person in charge of scheduling chapel facilities.

2.7. Contractor will direct the choir during the scheduled Mass and special services.

2.8. Contractor is responsible for timely compensation of and submission of appropriate tax documents to subcontractors.

3. CONDITIONS

3.1. An interview and demonstration of qualifications may be required. Interviews will be conducted by the Senior Catholic Chaplain and/or members of the JBER Chaplain team.

3.2. Contractor shall ensure all musicians and/or subcontractors are competent and capable of performing those musical services in which they are engaged. The Senior Catholic

Chaplain has final approval of all subcontractors and/or musicians prior to their performing.

3.3. Contractor shall ensure that subcontracted musicians providing services conduct themselves in a professional manner.

3.3.1. Contractor/subcontractors shall ready to perform no later than 15 minutes prior to the designated starting time of any service, and 30 minutes prior to a special service.

The musician shall not leave until the service has ended.

3.3.2. Contractor/subcontractors shall be neatly attired and well groomed. Civilian attire shall be in good taste and of a semi-formal nature for a worship service. Shoes must be worn at all times.

3.3.3. Contractor/subcontractors shall ensure that all equipment is removed from the sanctuary at the end of the service.

3.3.4. No contractor reporting for duty who appears recently to have consumed alcohol or illegal drugs shall be allowed to perform.

3.4. Contractor is responsible for set-up, take down, and proper storage of musical equipment and supplemental public address system equipment.

3.5. Contractor shall ensure that chapel facilities are left secured and clean following rehearsals and special services.

4. PROJECTED SCHEDULE OF SERVICES

4.1. Contractor shall plan on providing the services of one (1) Choir- Music Director for each of the regularly scheduled worship services (directors can be the same person). The contract shall be for a base year plus two (2) Option Years.

4.2. All worship services are held in the location(s) indicated below and are subject to relocation. Contractor will normally be notified several days in advance of a projected move. All services are performed on Joint Base Elmendorf Richardson.

Service Date/Time Location No. of Units

Choir/Musician-

Director

Sunday, 08:30 a.m.

Arctic Warrior

Chapel

52 Rehearsals

Choir/Musician-

Director

Sunday, 0830 a.m. Arctic Warrior

Chapel

52 Performances

Choir/Musician-

Director

Varied Chapel 25 Special

Performances

Choir/Musician-

Director Varied

Chapel 25 Special

Rehearsals

Total 154

5. DEFINITIONS

5.1. Choir Rehearsal: Choir rehearsals are held at times other than in conjunction with a performance. Normally, choir rehearsals are held in the evenings during the week, but may be scheduled at other times to enhance rehearsal attendance. Rehearsals should be cancelled during “off” seasons or when the choir is less than three persons (not counting the Musician- Director). Rehearsals are no less than 30 minutes in duration. Average rehearsals last 60 minutes.

5.2. Performance: Performances are held at the scheduled worship service time. A normal worship service is 45 minutes to 1 hour in duration. On special religious holidays, worship service may run longer, but not normally longer than 90 minutes. All performances shall include approximately a 30-minute warm-up period prior to the service start time. Location of warm-up may vary depending on facility availability.

5.3. Special Service: Special services include funerals, memorials service, religious holidays, and additional rehearsals (with coordination/approval of Senior Catholic

Chaplain and person in charge of facility reservations) that might be required for religious holidays.

5.3.1. Special services shall be billed at the same rate as other performances.

5.4. Music Coordinator services for weddings are not included in this contract. Wedding parties are responsible for the cost of any wedding music provided by the Contractor or subcontracted musician.

5.5. Unit: One “unit” is equal to one performance, one rehearsal, or one special service.

PERFORMANCE EVALUATION REPORT

Contract Number: Customer’s Organization:

Contract Title:

Review Type (circle one) QUARTERLY END OF TASK

Please mark appropriate quarter being evaluated.

1. This report is used to evaluate the Contractor periodically during contract performance.

In addition to providing verification that performance thresholds are being met, the ratings and comments provided on this checklist assist with annual CPARS ratings.

2. The ratings established in the Performance Plan shall be used and as are follows:

Exceptional (E), Very Good (VG), Satisfactory (SAT), Marginal (MAR) and

Unsatisfactory (UNSAT). N/A (not applicable) should be used if the ratings are not going to be applied to a particular area for evaluation.

AREA OF EVALUATION: QUALITY OF PRODUCT OR SERVICE. Assess the contractor’s conformance to contract requirements, specifications and standards of good workmanship

1. How well did the work performed satisfy technical requirements/stated objectives?

Comments:

2. How well did deliverables meet stated requirements? Were reports/data accurate?

AREA OF EVALUATION: SCHEDULE. Assess the timeliness of the contractor against the completion of the contract milestones, delivery schedules and administrative requirements.

1. How well did the contractor meet deadlines and scheduled milestones?

1st 2nd 3rd 4th

Excellent Very Good Marginal Satisfactory Unsatisfactory N/A

2. How well did the contractor respond to tight deadlines and/or contingencies?

3. How timely was the contractor in regards to contract deliverables?

Comments:

AREA OF EVALUATION: COST CONTROL. Assess the contractor’s effectiveness in forecasting, managing and controlling contract cost. Not required for firm-fixed price contracts.

1. How well does the contractor keep within the total estimated cost?

Comments:

2. Did the contractor do anything innovative that resulted in cost savings?

Yes No NA

Comments:

3. Were billings current, accurate and complete?

Yes No NA

Comments:

AREA OF EVALUATION: BUSINESS RELATIONS. Assess the integration and coordination needed to execute the contract, specifically the timeliness, completeness and quality of problem identification, corrective action plans and the contractor’s business relations.

1. How well is the contractor oriented towards the customer?

Excellent Very Good Marginal Satisfactory Unsatisfactory N/A

2. Is the contractor proactive in problem identification and resolution?

AREA OF EVALUATION: MANAGEMENT OF KEY PERSONNEL. Assess the contractor’s performance in selecting, retaining, supporting and replacing key personnel.

1. How well did the contractor provide key personnel that demonstrate leadership, initiative and technical expertise for successful task order completion?

Comments:

2. Rate how the contractor provided guidance and support to key personnel so they were able to work effectively?

3. If a replacement for a key person was necessary, how well the replacement meet or exceed the qualifications needed for the position?

X

Chaplain

Attachment 3: DFARS 252.209-7991, 1 page

252.209-7991 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a

Felony Conviction under any Federal Law Fiscal Year 2016 Appropriations.

Include the attached provision in all solicitations, including solicitations for the acquisition of commercial items under FAR Part 12, that will use funds made available by the Continuing Appropriations Act, 2016

(Pub. L. 114-53), or any other FY 2016 appropriations act that extends to FY 2016 funds the same prohibitions as contained in sections 744 and 745 of division E, title VII, of the Consolidated and Further

Continuing Appropriations Act, 2015 (Pub. L. 113-235).

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID

DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY

FEDERAL LAW-FISCAL YEAR 2015 APPROPRIATIONS

(DEVIATION 2016-O0002) (OCT 2015)

(a) In accordance with section 101(a) of the Continuing Appropriations Act, 2016 (Pub. L. 114-53) and any subsequent FY 2016 appropriations act that extends to FY 2016 funds the same restrictions as are contained in sections 744 and 745 of division E, title VII, of the Consolidated and Further Continuing

Appropriations Act, 2015 (Pub. L. 113-235), none of the funds made available by this or any other Act may be used to 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 the 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) 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 the 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,

(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)