syn_sol.pdf

Combined Synopsis/Solicitation

Request for Quotation Number SB1341-15-RQ-1044

THIS IS A COMBINED SYNOPSIS/SOLICITATION FOR COMMERCIAL ITEMS PREPARED IN ACCORDANCE WITH

THE FORMAT IN FAR SUBPART 12.6-STREAMLINED PROCEDURES FOR EVALUATION AND SOLICITATION FOR

COMMERCIAL ITEMS-AS SUPPLEMENTED WITH ADDITIONAL INFORMATION INCLUDED IN THIS NOTICE.

THIS ANNOUNCEMENT CONSTITUTES THE ONLY SOLICITATION; QUOTATIONS ARE BEING REQUESTED, AND

A WRITTEN SOLICITATION DOCUMENT WILL NOT BE ISSUED.

This solicitation is a Request for Quotations (RFQ). The solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition

Circular 2005-83 effective August 5, 2015.

The associated North American Industrial Classification System (NAICS) code for this procurement is 334516 with a small business size standard of 500 employees. This acquisition is being procured using full and open competition. Simplified acquisition procedures shall be utilized.

The mission of the National Institute of Standards and Technology (NIST), Thermodynamics and Kinetics Group (TKG), of the Material Measurement Laboratory’s Materials Science &

Engineering Division (MSED), is to resolve the outstanding challenges in materials microstructure/property prediction and control. The goal is to develop measurement science and data that prove of significant value to industry. The group's research ranges over a wide scope of materials phenomenon employing a variety of experimental, theoretical and computational techniques.

An essential measurement capability for the TKG is the ability to measure thermodynamic properties as function of temperature, especially specific heat capacity and phase transformation temperatures. To measure these transitions a differential scanning calorimeter is required.

Responsible quoters shall provide pricing for all of the following line items. All equipment must be new. Used or remanufactured equipment shall not be considered for award.

LINE ITEM 0001 – Quantity 1 each Differential Scanning Calorimeter with a high temperature furnace. The quoted equipment must meet all requirements identified in the attached statement of work.

LINE ITEM 0002 – Quantity 1 job Installation.

The Contractor shall install the equipment in accordance with the requirements of the attached statement of work.

Line Item 0003 – Quantity 1 job Training.

The Contractor shall conduct training in accordance with the requirements of the attached statement of work.

Line Item 0004 – Quantity 1 year Warranty.

The Contractor shall provide, at a minimum, a one year warranty. The quoted warranty shall meet all requirements of the statement of work.

PERIOD OF PERFORMANCE

All work shall be completed not later than 120 days from the date of award.

DELIVERY TERMS

Delivery terms shall be FOB Destination.

FOB DESTINATION MEANS: The Contractor shall pack and mark the shipment in conformance with carrier requirements, deliver the shipment in good order and condition to the point of delivery specified in the purchase order, be responsible for loss of and/or damage to the goods occurring before receipt and acceptance of the shipment by the consignee at the delivery point specified in the purchase order; and pay all charges to the specified point of delivery.

PAYMENT SCHEDULE

The Government prefers that the Contractor be paid in one lump sum payment upon successful completion of delivery, installation, training and demonstration of all required specifications.

Partial payments may be considered, however, not more than 15% of the total amount of the contract shall be paid up front and not less than 50% of the total amount of the contract shall be held until successful completion of delivery, installation, training and demonstration of all required specifications.

EVALUATION CRITERIA AND BASIS FOR AWARD

The Government will award a purchase order, resulting from this solicitation, to the responsible quoter(s) whose quotation(s), conforming to the solicitation, results in the best value to the Government, price and other factors considered.

The following will be used to evaluate quotations:

Technical Capability

Past Performance

Price

Technical Capability and Past Performance, when combined, shall be equal in importance to price.

TECHNICAL CAPABILITY

Technical capability will be evaluated to determine that the quoted equipment meets or exceeds all required specifications.

Data submitted for melting endotherms will be evaluated to determine the difference between the two points where the melting endotherm deviates from the baseline before and after melting. The difference in slopes upon melting for the different heating rates will also be evaluated. Reference Figure 1 for an example data set.

In determining best value, stronger consideration shall be provided to the quoter whose equipment demonstrates the least amount of change in the departure temperature and slope when melting begins with different heating rates.

PAST PERFORMANCE

Past Performance shall be evaluated to determine the overall quality of the product and service provided by the Contractor. Evaluation of Past Performance shall be based on the references provided and/or information provided by NIST and its affiliates.

Quoters with no relevant past performance shall receive a neutral rating.

PRICE

Price shall be evaluated for all quoters whose quotations are determined technically acceptable. Price will be evaluated to determine that the proposed price is consistent with the technical portion of the quotation and is fair and reasonable.

REQUIRED SUBMISSIONS

All quoters shall submit the following within their quotation:

1) A firm-fixed price, F.O.B. Destination price quotation for all line items. Prices shall include all requirements of each line item;

2) Technical description and/or product literature. Quoters shall include the manufacturer, make and model of the product, manufacturer sales literature or other product literature which CLEARLY DOCUMENTS that the offered product meets or exceeds the required specifications stated herein. It is the responsibility of the quoter to ensure that all specifications are clearly documented;

3) If product literature does not address any given specification, a discussion of how the Contractor will meet or exceed required specifications. Modifications to the quoted system must be discussed;

4) Sample melting endotherms (heat flow vs. time) and specific heat capacity (heat flow

vs. temperature) measurement results for pure (99.999%) Ag or Ni standard calibration samples following the ASTM E968 and E1269 standard and using heating rates using at least two different heating rates (e.g. 5, 10, 15 K/min). Data provided must represent the performance of the quoted equipment;

5) Past performance information regarding relevant contracts over the past three years with Federal, state, or local governments, and/or commercial customers.

If the quoter intends to subcontract with another firm(s) for part of this requirement, that firm’s past performance information shall also be provided. If the firm has no relevant past performance, it shall include a statement to that effect in its proposal. The Government reserves the right to consider data obtained from sources other than those described by the quoter in their quotation.

The description of each contract described in this section shall not exceed one-half page in length. For each contract, the quoter shall provide the following information:

-Contract number;

-Description and relevance to solicitation requirements include dollar value;

-Period of Performance – indicate by month and year the state and completion (or

“ongoing”) dates for the contract;

-Reference Contact – If a non-Government contract, identify the name and address of the client with current telephone number and email address of a point of contact of the client responsible for the contract;

-Contracting Office – If a Government contract (Federal or state), identify the

Procuring Contracting Officer (PCO), administrative Contracting Officer (ACO), and

Contracting Officer’s Representative (COR), and their names, current telephone numbers and email addresses.

-Problems Encountered – include information regarding information regarding any problems encountered on the contracts described above and corrective actions taken to resolve those problems.

6) A description of the warranty;

7) This is an Open-Market Combined Synopsis/Solicitation for equipment, as defined herein. The Government intends to award a Purchase Order as a result of this Combined

Synopsis/Solicitation that will include the terms and conditions that are set forth herein. In order to facilitate the award process, ALL quotes shall include a statement regarding the terms and conditions herein as follows:

a. The quoter shall state “The terms and conditions in the solicitation are acceptable to be included in the award document without modification, deletion, or addition.”

OR

b. The quoter shall state “The terms and conditions in the solicitation are acceptable to be included in the award document with the exception, deletion, or addition of the following:”

Quoter’s shall list exception(s) and rationale for the exception(s)

Please note that this procurement IS NOT being conducted under the GSA Federal

Supply Schedule (FSS) program or another Government-Wide Area Contract (GWAC). If an offeror submits a quotation based upon an FSS or GWAC contract, the Government will accept the quoted price. However, the terms and conditions stated herein will be included in any resultant Purchase Order, not the terms and conditions of the offeror’s FSS or GWAC contract, and the statement required above shall be included in the quotation;

8) The Dun and Bradstreet Number (DUNS number) for the quoter’s active System for Award

Management (SAM) registration. Quoters must have an active registration at www.SAM.Gov to receive an award;

9) The country of origin for the quoted system;

10)Quoters shall include a completed copy of the attached provision, “Representation by

Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction Under

Any Federal Law (Class Deviation) (March 2015)” with their quotation.

DUE DATE FOR QUOTATIONS

E-mail quotations are required. All quotations must be submitted via e-mail to Carol A.

Wood, Contract Specialist at Carol.wood@Nist.gov. FAX quotations will not be accepted.

Submission must be received not later than 3:30 p.m. Eastern Time on September 8, 2015.

A quotation shall be considered received when it is received in the electronic inbox of

Carol Wood not later than the date and time identified herein.

Questions: All questions regarding this notice must be submitted via e-mail to carol.wood@nist.gov. Questions must be received not later than four calendar days after release of the request for quotation.

PROVISIONS AND CLAUSES

The full text of a Federal Acquisition Regulation (FAR) provision or clause may be accessed electronically at www.acquisition.gov.

The following FAR provisions apply to this acquisition:

52.204-7, System for Award Management

52.204-16, Commercial and Government Entity Code Reporting

52.204-17, Ownership or Control of Offeror

52.212-1, Instructions to Offerors—Commercial Items

52.212-3, Offeror’s Representations and Certifications-Commercial Items

52.225-25, Prohibition on Contracting with Entities Engaging in Sanctioned Activities

Relating to Iran

In accordance with FAR 52.212-3 Offeror Representations and Certifications – Commercial

Items, quoters must complete annual representations and certifications on-line at www.SAM.Gov. If paragraph (j) of the provision applies, a written submission is required.

http://www.sam.gov/ mailto:carol.wood@nist.gov http://www.acquisition.gov/

The following FAR clauses apply to this acquisition:

52.204-13 System for Award Management Maintenance

52.204-4, Printed or Copied Double-Sided on Postconsumer Fiber Content Paper

52.209-7, Information Regarding Responsibility Matters

52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters

52.204-18, Commercial and Government Entity Code Maintenance

52.212-4 Contract Terms and Conditions—Commercial Items

52.212-5, Contract Terms and Conditions Required to Implement Statutes or Executive

Orders—Commercial Items (MAR 2015) including sub-paragraphs: (checked clauses are applicable to this solicitation)

__ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government

__ (2) 52.203-13, Contractor Code of Business Ethics and Conduct

__ (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.)

XX (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards

__ (5) [Reserved].

__ (6) 52.204-14, Service Contract Reporting Requirements

__ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery

Contracts

_XX_ (8) 52.209-6, Protecting the Government’s Interest When Subcontracting with

Contractors Debarred, Suspended, or Proposed for Debarment.

_XX_ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility

Matters.

__ (10) [Reserved].

__ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award.

__ (ii) Alternate I (Nov 2011) of 52.219-3.

__ (12)(i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business

Concerns

__ (ii) Alternate I (JAN 2011) of 52.219-4.

__ (13) [Reserved]

__ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside

__ (ii) Alternate I (Nov 2011).

__ (iii) Alternate II (Nov 2011).

__ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside

__ (ii) Alternate I (Oct 1995) of 52.219-7.

__ (iii) Alternate II (Mar 2004) of 52.219-7.

__ (16) 52.219-8, Utilization of Small Business Concerns

__ (17)(i) 52.219-9, Small Business Subcontracting Plan

__ (ii) Alternate I (Oct 2001) of 52.219-9.

__ (iii) Alternate II (Oct 2001) of 52.219-9.

__ (iv) Alternate III (Oct 2014) of 52.219-9.

__ (18) 52.219-13, Notice of Set-Aside of Orders

__ (19) 52.219-14, Limitations on Subcontracting

__ (20) 52.219-16, Liquidated Damages-Subcontracting Plan

__ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside

_XX_ (22) 52.219-28, Post Award Small Business Program Rerepresentation https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1137622 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141983 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1144881 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1141649 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151163 https://www.acquisition.gov/sites/default/files/current/far/html/52_200_206.html#wp1151299 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1140926 https://www.acquisition.gov/sites/default/files/current/far/html/52_207_211.html#wp1145644 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135955 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1135970 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136004 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136017 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136032 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136058 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136174 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136175 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136186 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1136387 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1139913

__ (23) 52.219-29, Notice of Set-Aside for Economically Disadvantaged Women-Owned

Small Business (EDWOSB) Concerns

__ (24) 52.219-30, Notice of Set-Aside for Women-Owned Small Business (WOSB) Concerns

Eligible Under the WOSB Program

XX__ (25) 52.222-3, Convict Labor (June 2003)

XX__ (26) 52.222-19, Child Labor-Cooperation with Authorities and Remedies

XX__ (27) 52.222-21, Prohibition of Segregated Facilities

XX__ (28) 52.222-26, Equal Opportunity

__ (29) 52.222-35, Equal Opportunity for Veterans

XX__ (30) 52.222-36, Equal Opportunity for Workers with Disabilities

__ (31) 52.222-37, Employment Reports on Veterans

__ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations

Act

_XX_ (33)(i) 52.222-50, Combating Trafficking in Persons

__ (ii) Alternate I (Mar 2015) of 52.222-50

__ (34) 52.222-54, Employment Eligibility Verification (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 (Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (ii) Alternate I Not applicable to the acquisition of commercially available off-the-shelf items.)

__ (36)(i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment

__ (ii) Alternate I.

__ (37)(i) 52.223-14, Acquisition of EPEAT®-Registered Televisions

__ (ii) Alternate I

__ (38) 52.223-15, Energy Efficiency in Energy-Consuming Products

__ (39)(i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products

__ (ii) Alternate I (Jun 2014) of 52.223-16.

XX__ (40) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While

Driving

__ (41) 52.225-1, Buy American-Supplies

_XX (42)(i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act

__ (ii) Alternate I

__ (iii) Alternate II

__ (iv) Alternate III

__ (43) 52.225-5, Trade Agreements

XX__ (44) 52.225-13, Restrictions on Certain Foreign Purchases

__ (45) 52.225-26, Contractors Performing Private Security Functions Outside the

United States

__ (46) 52.226-4, Notice of Disaster or Emergency Area Set-Aside

__ (47) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area

__ (48) 52.232-29, Terms for Financing of Purchases of Commercial Items

__ (49) 52.232-30, Installment Payments for Commercial Items

XX__ (50) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144950 https://www.acquisition.gov/sites/default/files/current/far/html/52_217_221.html#wp1144420 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147479 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147630 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147656 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1147711 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1158632 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1162802 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1148123 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1160019 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1151848 https://www.acquisition.gov/sites/default/files/current/far/html/52_222.html#wp1156645 https://www.acquisition.gov/sites/default/files/current/far/html/Subpart%2022_18.html#wp1089948 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168892 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1168933 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194330 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1194323 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1179078 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1179078 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1188603 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192900 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169038 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169151 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1169608 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1192524 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173773 https://www.acquisition.gov/sites/default/files/current/far/html/52_223_226.html#wp1173393 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153230 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153252 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153351

__ (51) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award

Management

__ (52) 52.232-36, Payment by Third Party

__ (53) 52.239-1, Privacy or Security Safeguards

__ (54)(i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels

52.232-39 Unenforceability of Unauthorized Obligations

52.232-40 Providing Accelerated Payments to Small Business Subcontractors

52.233-4 Applicable Law for Breach of Contract Claim

52.237-2 Protection of Government Buildings, Equipment, and Vegetation

52.247-34 FOB Destination

52.252-2 Clauses Incorporated by Reference

The following U.S. Department of Commerce Acquisition Regulation (CAR) provisions and clauses apply to this procurement. The full text of a CAR provision or clause may be accessed electronically at www.acquisition.gov. Reference Supplemental Regulations, U.S.

Department of Commerce.

1352.201-70 CONTRACTING OFFICER'S AUTHORITY

1352.209-73 COMPLIANCE WITH THE LAWS

1352.209-74 ORGANIZATIONAL CONFLICT OF INTEREST

1352.233-71 GAO AND COURT OF FEDERAL CLAIMS PROTESTS

1352.233-70 AGENCY PROTESTS (APR 2010)

(a) An agency protest may be filed with either: (1) the contracting officer, or (2) at a level above the contracting officer, with the appropriate agency Protest Decision

Authority. See 64 Fed. Reg. 16,651 (April 6, 1999)

(b) Agency protests filed with the Contracting Officer shall be sent to the following address:

NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: CAROL WOOD, CONTRACTING OFFICER

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(c) Agency protests filed with the agency Protest Decision Authority shall be sent to the following address: NIST/ACQUISITION MANAGEMENT DIVISION

ATTN: HEAD OF THE CONTRACTING OFFICE (HCO)

100 Bureau Drive, MS 1640

Gaithersburg, MD 20899

(d) A complete copy of all agency protests, including all attachments, shall be served upon the Contract Law Division of the Office of the General Counsel within one day of filing a protest with either the Contracting Officer or the Protest Decision Authority.

(e) Service upon the Contract Law Division shall be made as follows:

U.S. Department of Commerce

Office of the General Counsel

Chief, Contract Law Division

Room 5893

Herbert C. Hoover Building

14th Street and Constitution Avenue, N.W.

Washington, D.C. 20230.

FAX: (202) 482-5858

1352.246-70 PLACE OF ACCEPTANCE

**NIST, Gaithersburg, MD.

NIST LOCAL 04: BILLING INSTRUCTIONS

(a) NIST prefers electronic Invoice/Voucher submissions and they should be emailed to

INVOICE@NIST.GOV.

(b) Each Invoice or Voucher submitted shall include the following: (1) Contract Number.

(2) Contractor Name and Address. (3) Date of Invoice. (4) Invoice Number. (5) Amount of https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153375 https://www.acquisition.gov/sites/default/files/current/far/html/52_232.html#wp1153445 https://www.acquisition.gov/sites/default/files/current/far/html/52_233_240.html#wp1113650 https://www.acquisition.gov/sites/default/files/current/far/html/52_247.html#wp1156217 http://www.acquisition.gov/ mailto:INVOICE@NIST.GOV

Invoice and Cumulative Amount Invoiced to-date. (6) Contract Line Item Number (CLIN). (7)

Description, Quantity, Unit of Measure, Unit Price, and Extended Price of

Supplies/Services Delivered. (8) Prompt Payment Discount Terms, if Offered. (9) Any other information or documentation required by the contract.

(c) In the event electronic submissions are not used, The Contractor shall submit an original invoice or voucher in accordance with the payment provisions of this contract to:

NIST: Accounts Payable Office

100 Bureau Drive, Mail Stop 1621

Gaithersburg, MD 20899-1621

(End of clause)

Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony

Conviction Under Any Federal Law (Class Deviation) (March 2015)

(1) In accordance with 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 the Consolidated and Further Continuing Appropriations Act, 2015 funding may be used to enter into a contract with any corporation that-

(a) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where an awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the interests of the

Government, or

(b) 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.

(2) The Offeror represents that, as of the date of this offer -

(a) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

(b) 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.

(End of provision)