FA7000-14-T-0053 USAFA Standard Harness/Container Systems & Parachute Supplies

PLEASE NOTE: Item descriptions for CLINs 0008, 0011, and 0012 have been updated. Please acknowledge this amendment when submitting your quote. USAFA Standard Harness/Container Systems & Parachute Supplies Combine Synopsis/Solicitation IAW FAR 12.603 This is a combined synopsis/solicitation for Brand Name Only 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; quotes are being requested and a written (formal) solicitation will not be issued. This solicitation is issued as a Request for Quotation, (RFQ), solicitation number FA7000-14-T-0053, in accordance with FAR Parts 12 & 13. This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 2005-74 effective 30 May 2014. The North American Industry Classification System Code (NAICS) is 451110 and the business size standard is $14M. This acquisition is a total small business set-aside. All responsible sources may submit a quote, which if received timely, will be considered by the 10th Contracting Squadron, 10 LGCB, United States Air Force Academy (USAFA). The United States Air Force Academy (USAFA) 98 FTS/CC has a Brand Name Only requirement for replacement parts and supplies for maintenance on existing parachute harness/container systems utilized by the USAFA Parachute Training Programs. The continued use of existing systems is crucial to the safety of jumpers as all airmanship programs lesson plans, emergency procedures, and training materials are manufacture specific and is essential to the Government's requirements, thereby precluding consideration of a product manufactured by another company. FAR Part 13 allows soliciting for Brand Name items if the Contracting Officer determines that the circumstances of the contract action warrant limiting competition and the justification is prepared IAW FAR 13.501(a). Rigging Innovations, Inc., as the manufacturer of the parachute harness/containers systems, manufactured under Federal Aviation Administration (FAA) technical standard order (TSO) C23c is the only authorized entity to manufacture the Telesis 3.0 USAFA Standard Harness. This purchase is being conducted with Authority from FAR 13.106-1(b)(2) utilizing the Test Program for Certain Commercial Items IAW FAR 13.5. Please read and comply with all requirements for submitting a quote. Failure to comply with all instructions contained within this combined synopsis/solicitation could result in the quote being ineligible for award. It is the Offeror's responsibility to ensure their quote meets all the requirements identified herein. ITEM DESCTIPTION: The USAF Academy has a BRAND NAME ONLY requirement for replacement parts and supplies for maintenance on existing parachute harness/container systems utilized by the USAFA parachute Training Programs. REQUIREMENTS FOR QUOTE: Prices quoted must be Firm-Fixed Price to include shipping and handling charges based on F.O.B Destination to 98 FTS Attention: Steve Archuletta 9201 Talon Drive USAF Academy CO 80840. Please provide a price for each CLIN in the PWS and a total price rounded to the nearest whole dollar. CLIN Item Qty Unit Price Extended Price 0001 MIL-HC8154U Telesis 3.0 USAFA Standard Harness/Container System Navy Blue, Adj harness/SOS-RED, USAFA-Main MLW mounted ripcord Assy, FXC Main-Cypress Resv, wide legstraps, clear reserve R/C inspection flap, Thread-thru leg strap H/W. Size TS-5 Quantity: 10 MIL-HC8154U Telesis 3.0 USAFA Standard Harness/Container System Navy Blue, Adj harness/SOS-RED, USAFA-Main MLW mounted ripcord Assy, FXC Main-Cypress Resv, wide legstraps, clear reserve R/C inspection flap, Thread-thru leg strap H/W. Royal blue reserve flap. Size TS-3 Quantity: 15 Total Quantity: 25 $_______ $_______ 0002 AR2112-2531-4 Main Ripcord Loop Telesis - Gold Qty: 200 $_______ $_______ 0003 MIL-HC8230U Training Harness (w/o Handles) USAFA configuration 5911-(8) Qty: 10 $_______ $_______ 0004 MIL-HC5010 Curv w/SS-Articulated/SPF Qty: 24 $_______ $_______ 0005 Telesis - Reserve Freebags Qty: 15 $_______ $_______ 0006 Telesis - Reserve Pilot Chute Qty: 15 $_______ $_______ 0007 Telesis - SOS Reserve Ripcords Qty: 15 $_______ $_______ 0008 Telesis - Main Pilot Chute TO INCLUDE BRIDLE Qty: 25 $_______ $_______ 0009 Telesis - Main risers Qty: 15 $_______ $_______ 0010 Telesis - Toggles Qty: 13 $_______ $_______ 0011 Talon FS Main Pilot Chute - TO INCLUDE "KILL-LINE" BRIDLE Qty: 25 $_______$_______ 0012 Talon FS Main risers - TO INCLUDE "TOGGLES" Qty: 25 $_______ $_______ TOTAL PRICE: $_______________ Delivery: NLT 180 Days ARO The following Federal Acquisition (FAR) clauses apply to this combined synopsis/solicitation and offerors must comply with all instructions contained in FAR 52.212-1, Instructions to Offerors--Commercial Items (JUL 2013), addenda applies: The contractor shall submit their quote on company letterhead to include the following: - solicitation number - contact name - address - telephone number of the offeror - unit price/extended price rounded to the whole dollar - any discount terms - delivery terms - cage code - DUNS number - tax identification number - size of business and acknowledgement of solicitation - proof that product meets salient characteristics - warranty information - amendments if required The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. Quotes must contain adequate information to judge if products meet or exceed the characteristics supplied in the solicitation. Only authorized dealers should provide a quote for this brand name acquisition. All items must be new and come with the standard manufactures warranty. The offeror must be an authorized reseller in good standing with the manufacturer. Quotes submitted with used, reconditioned, refurbished, gray market, or liquidated stock will not be considered for award. Quotes must be received no later than 3:00 pm Mountain Standard Time (MST), 7 July 2014 to contact@example.gov. Questions should be addressed to the Primary POC Allison Norder, Contract Specialist, USAF Academy +1 (555) 000-0000, contact@example.gov. Alternate POC is Russell Jordan, Contracting Officer, +1 (555) 000-0000, contact@example.gov. Offers received after this date and time will be considered late in accordance with 52.212-1(f) and will not be considered unless it is received before award is made, and the Contracting Officer determines that accepting the late offer would not unduly delay the acquisition. Addenda to FAR 52.212-1, PROPOSAL PREPARATION INSTRUCTIONS: 1. PART I - PRICE PROPOSAL - Submit on company letter the unit price for each line item to include extended price with an overall total price. The extended amount must equal the whole dollar unit price multiplied by the number of units. Round the total price to the nearest whole dollar value. a. Prices quoted must be Firm-Fixed Price, to include shipping and handling charges based on F.O.B Destination. Quotes received with FOB: Other than Destination will not be considered. b. The provision at FAR 52.212-3, Offeror Representations and Certifications - Commercial Items and its Alternate I must be completed. Offerors are highly encouraged to complete all representations and certifications electronically online at: (www.sam.gov) or the certifications within this solicitation and shall be completed in hard copy and submitted with quote. c. The System for Award Management (SAM), contractors must be registered with SAM to conduct business with the Department of Defense. No purchase order can be awarded to any company without this registration (www.sam.gov). d. All quotes must include a completed copy of the attached Buy American Certificate. e. The provision at DFARS 252.209-7998, Representation regarding Conviction of a Felony Criminal Violation under any Federal or State Law, must be completed and returned with quote which is within this solicitation. f. The provision at DFARS 252.225-7000, Buy American Act-Balance of Payments Program Certificate, must be completed, signed and returned with quote which is within this solicitation. g. The provision at DFARS 252.247-7022, Representation of Extent of Transportation by Sea, must be completed and returned with the quote which is within this solicitation. h. Provide a written statement that the offeror's proposal incorporates all amendments to the solicitation (if applicable). CLAUSES INCORPORATED BY REFERENCE 52.203-6 Restrictions On Subcontractor Sales To The Government SEP 2006 52.203-6 Alt I Restrictions On Subcontractor Sales To The Government (Sep 2006 - Alternate I) OCT 1995 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards JUL 2013 52.209-6 Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment AUG 2013 52.212-4 Contract Terms and Conditions -Commercial Items MAY 2014 52.219-6 Notice Of Total Small Business Set-Aside NOV 2011 52.219-28 Post-Award Small Business Program Representations JUL 2013 52.222-3 Convict Labor JUN 2003 52.222-19 Child Labor - Cooperation with Authorities and Remedies JAN 2014 52.222-21 Prohibition Of Segregated Facilities FEB 1999 52.222-26 Equal Opportunity MAR 2007 52.222-35 Equal Opportunity for Veterans SEP 2010 52.222-36 Affirmative Action For Workers With Disabilities OCT 2010 52.222-37 Employment Reports on Veterans SEP 2010 52.222-40 Notification of Employee Rights Under the National Labor Relations Act DEC 2010 52.222-50 Combating Trafficking in Persons FEB 2009 52.223-15 Energy Efficiency in Energy-Consuming Products DEC 2007 52.223-18 Encouraging Contractor Policies To Ban Text Messaging While Driving AUG 2011 52.225-13 Restrictions on Certain Foreign Purchases JUN 2008 52.232-33 Payment by Electronic Funds Transfer-System for Award Management JUL 2013 52.233-3 Protest After Award AUG 1996 52.233-4 Applicable Law for Breach of Contract Claim OCT 2004 252.203-7000 Requirements Relating to Compensation of Former DoD Officials SEP 2011 252.225-7001 Buy American And Balance of Payments Program DEC 2012 252.225-7002 Qualifying country Sources As Subcontractors DEC 2012 252.225-7031 Secondary Arab Boycott of Israel JUN 2005 252.232-7003 Electronic Submission of Payment Requests and Receiving Reports JUN 2012 252.232-7007 Limitation of Government's Obligation APR 2014 252.232-7010 Levies on Contract Payments DEC 2006 CLAUSES INCORPORATED BY FULL TEXT 52.212-2 EVALUATION-COMMERCIAL ITEMS (JAN 1999) a. The Government will award a contract resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government price and other factors considered. The following factor shall be used to evaluate offers: - Low Price - Meets Name Brand Characteristics referenced in Item Description When applicable, the price evaluation adjustment for HUB Zone small business concerns will be applied in accordance with FAR 52.219-4, Notice of Price Evaluation Preferences for HUB Zone Small Business Concerns, to arrive at an evaluated price. (End of provision) 52.212-4 CONTRACT TERMS AND CONDITIONS-- COMMERCIAL ITEMS (JULY 2013) ADDENDUM TO FAR 52.212-4(c) CHANGES Text in paragraph (c) is deleted and replaced with the following: Changes in terms and conditions of this contract may be made only by written agreement of the parties with the exception of certain changes such as administrative changes including changes in paying office, appropriation data, etc. authorized by the Federal Acquisition Regulation and its supplements that may be made unilaterally by the Contracting Officer (for a complete list of changes that may be made unilaterally, see FAR 43.103(b)) (End of Addendum) 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2013) (DEVIATION) (a) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (a) 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 relating 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. (b)(1) Notwithstanding the requirements of any other clause in this contract, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (b)(i) in a subcontract for commercial items. Unless otherwise indicated 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). (ii) 52.219-8, Utilization of Small Business Concerns (Jul 2013) (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 opportunities. (iii) Reserved. (iv) 52.222-26, Equal Opportunity (MAR 2007) (E.O. 11246). (v) 52.222-35, Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans (SEP 2006) (38 U.S.C. 4212). (vi) 52.222-36, Affirmative Action for Workers with Disabilities (JUN 1998) (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 required 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 Certain 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) 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 address: http://farsite.hill.af.mil. (End of Clause) 252.203-7005 REPRESENTATION RELATING TO COMPENSATION OF FORMER DOD OFFICIALS (NOV 2011) (a) Definition. "Covered DoD official" is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials. (b) By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed by or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2. (End of provision) (Revised March 28, 2014) 252.204-7012 SAEGUARDING OF UNCLASSIFIED CONTROLLED TECHNICAL INFORMATION (NOV 2013) (a) Definitions. As used in this clause- "Adequate security" means protective measures that are commensurate with the consequences and probability of loss, misuse, or unauthorized access to, or modification of information. "Attribution information" means information that identifies the Contractor, whether directly or indirectly, by the grouping of information that can be traced back to the Contractor (e.g., program description or facility locations). "Compromise" means disclosure of information to unauthorized persons, or a violation of the security policy of a system, in which unauthorized intentional or unintentional disclosure, modification, destruction, or loss of an object, or the copying of information to unauthorized media may have occurred. "Contractor information system" means an information system belonging to, or operated by or for, the Contractor. "Controlled technical information" means technical information with military or space application that is subject to controls on the access, use, reproduction, modification, performance, display, release, disclosure, or dissemination. Controlled technical information is to be marked with one of the distribution statements B-through-F, in accordance with DoD Instruction 5230.24, Distribution Statements on Technical Documents. The term does not include information that is lawfully publicly available without restrictions. "Cyber incident" means actions taken through the use of computer networks that result in an actual or potentially adverse effect on an information system and/or the information residing therein. "Exfiltration" means any unauthorized release of data from within an information system. This includes copying the data through covert network channels or the copying of data to unauthorized media. "Media" means physical devices or writing surfaces including, but is not limited to, magnetic tapes, optical disks, magnetic disks, large-scale integration memory chips, and printouts onto which information is recorded, stored, or printed within an information system. "Technical information" means technical data or computer software, as those terms are defined in the clause at DFARS 252.227-7013, Rights in Technical Data-Non Commercial Items, regardless of whether or not the clause is incorporated in this solicitation or contract. Examples of technical information include research and engineering data, engineering drawings, and associated lists, specifications, standards, process sheets, manuals, technical reports, technical orders, catalog-item identifications, data sets, studies and analyses and related information, and computer software executable code and source code. (b) Safeguarding requirements and procedures for unclassified controlled technical information. The Contractor shall provide adequate security to safeguard unclassified controlled technical information from compromise. To provide adequate security, the Contractor shall- (1) Implement information systems security in its project, enterprise, or company-wide unclassified information technology system(s) that may have unclassified controlled technical information resident on or transiting through them. The information systems security program shall implement, at a minimum- (i) The specified National Institute of Standards and Technology (NIST) Special Publication (SP) 800-53 security controls identified in the following table; or (ii) If a NIST control is not implemented, the Contractor shall submit to the Contracting Officer a written explanation of how- (A) The required security control identified in the following table is not applicable; or (B) An alternative control or protective measure is used to achieve equivalent protection. (2) Apply other information systems security requirements when the Contractor reasonably determines that information systems security measures, in addition to those identified in paragraph (b)(1) of this clause, may be required to provide adequate security in a dynamic environment based on an assessed risk or vulnerability. Table 1 -- Minimum Security Controls for Safeguarding Minimum required security controls for unclassified controlled technical information requiring safeguarding in accordance with paragraph (d) of this clause. (A description of the security controls is in the NIST SP 800-53, "Security and Privacy Controls for Federal Information Systems and Organizations" (http://csrc.nist.gov/publications/PubsSPs.html).) Legend: AC: Access Control MA: Maintenance AT: Awareness and Training MP: Media Protection AU: Auditing and Accountability PE: Physical & Environmental Protection CM: Configuration Management PM: Program Management CP: Contingency Planning RA: Risk Assessment IA: Identification and Authentication SC: System & Communications Protection IR: Incident Response SI: System & Information Integrity (c) Other requirements. This clause does not relieve the Contractor of the requirements specified by applicable statutes or other Federal and DoD safeguarding requirements for Controlled Unclassified Information (CUI) as established by Executive Order 13556, as well as regulations and guidance established pursuant thereto. (d) Cyber incident and compromise reporting. (1) Reporting requirement. The Contractor shall report as much of the following information as can be obtained to the Department of Defense via (http://dibnet.dod.mil/) within 72 hours of discovery of any cyber incident, as described in paragraph (d)(2) of this clause, that affects unclassified controlled technical information resident on or transiting through the Contractor's unclassified information systems: (i) Data Universal Numbering System (DUNS). (ii) Contract numbers affected unless all contracts by the company are affected. (iii) Facility CAGE code if the location of the event is different than the prime Contractor location. (iv) Point of contact if different than the POC recorded in the System for Award Management (address, position, telephone, email). (v) Contracting Officer point of contact (address, position, telephone, email). (vi) Contract clearance level. (vii) Name of subcontractor and CAGE code if this was an incident on a Sub-contractor network. (viii) DoD programs, platforms or systems involved. (ix) Location(s) of compromise. (x) Date incident discovered. (xi) Type of compromise (e.g., unauthorized access, inadvertent release, other). (xii) Description of technical information compromised. (xiii) Any additional information relevant to the information compromise. (2) Reportable cyber incidents. Reportable cyber incidents include the following: (i) A cyber incident involving possible exfiltration, manipulation, or other loss or compromise of any unclassified controlled technical information resident on or transiting through Contractor's, or its subcontractors', unclassified information systems. (ii) Any other activities not included in paragraph (d)(2)(i) of this clause that allow unauthorized access to the Contractor's unclassified information system on which unclassified controlled technical information is resident on or transiting. (3) Other reporting requirements. This reporting in no way abrogates the Contractor's responsibility for additional safeguarding and cyber incident reporting requirements pertaining to its unclassified information systems under other clauses that may apply to its contract, or as a result of other U.S. Government legislative and regulatory requirements that may apply (e.g., as cited in paragraph (c) of this clause). (4) Contractor actions to support DoD damage assessment. In response to the reported cyber incident, the Contractor shall- (i) Conduct further review of its unclassified network for evidence of compromise resulting from a cyber incident to include, but is not limited to, identifying compromised computers, servers, specific data and users accounts. This includes analyzing information systems that were part of the compromise, as well as other information systems on the network that were accessed as a result of the compromise; (ii) Review the data accessed during the cyber incident to identify specific unclassified controlled technical information associated with DoD programs, systems or contracts, including military programs, systems and technology; and (iii) Preserve and protect images of known affected information systems and all relevant monitoring/packet capture data for at least 90 days from the cyber incident to allow DoD to request information or decline interest. (5) DoD damage assessment activities. If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor point of contact identified in the incident report at (d)(1) of this clause provide all of the damage assessment information gathered in accordance with paragraph (d)(4) of this clause. The Contractor shall comply with damage assessment information requests. The requirement to share files and images exists unless there are legal restrictions that limit a company's ability to share digital media. The Contractor shall inform the Contracting Officer of the source, nature, and prescription of such limitations and the authority responsible. (e) Protection of reported information. Except to the extent that such information is lawfully publicly available without restrictions, the Government will protect information reported or otherwise provided to DoD under this clause in accordance with applicable statutes, regulations, and policies. The Contractor shall identify and mark attribution information reported or otherwise provided to the DoD. The Government may use information, including attribution information and disclose it only to authorized persons for purposes and activities consistent with this clause. (f) Nothing in this clause limits the Government's ability to conduct law enforcement or counterintelligence activities, or other lawful activities in the interest of homeland security and national security. The results of the activities described in this clause may be used to support an investigation and prosecution of any person or entity, including those attempting to infiltrate or compromise information on a contractor information system in violation of any statute. (g) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (g), in all subcontracts, including subcontracts for commercial items. (End of clause) 252.209-7993 REPRESENTTAION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW - FISCAL YEAR 2014 APPROPORIATIONS (DEVIATION 2014-OO0009) (FEB 2014) (a) In accordance with sections 8113 and 8114 of the Department of Defense Appropriations Act, 2014, and sections 414 and 415 of the Military Construction and Veterans Affairs and Related Agencies Appropriations Act, 2014 (Public Law 113-76, Divisions C and J), none of the funds made available by those divisions (including Military Construction funds) 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) 252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABLITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012) (a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that 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. (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 tot 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) 252.225-7000 BUY AMERICAN-BALANCE OF PAYMENTS PROGRAM CERTIFICATE (JAN 2014) (a) Definitions. "Commercially available off-the-shelf (COTS) item," "component," "domestic end product," "foreign end product," "qualifying country," "qualifying co...