Haworth Office Furniture Purchase and Install - Name Brand or Equal

Date: 09/14/2023 This is a combined synopsis/solicitation for a commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals/quotations are being requested. The solicitation number is SHOP-PR-23-000171 and is being issued as a Request for Quote (RFQ). The award will be made to the lowest priced, technically acceptable offeror under NAICS Code 337214 - Office Furniture (except Wood) Manufacturing. This is a total Small Business set-aside with a size standard of 1100 Employees. The Federal Bureau of Investigation requests a price quote for the purchase and installation of Eleven (11) SES Office Packages (as defined in the attached SOW) and 1 Unit Chief Office Package (as defined in the attached SOW). This is a name brand or equal solicitation as defined by FAR 11.104 and 52.211-6. The FBI-Redstone request the brand name to be Haworth Inc. or equal capacity, that meets the salient characteristics outlined below and delivered to the FBI-Redstone Campus located on Redstone Arsenal, Huntsville, AL. Salient Characteristics/Minimum Specifications The salient characteristics will be defined for each item to be: Manufactured from the same components Be of equal dimensions (+/- 1%) Be of the same color and finish Be of the same configuration Provide the same warranty Support equal amounts of weight Be of equal weight Submittal Requirements All manufacturers shall provide manufacturer's technical documentation and manufacturer's construction specifications for each item quoted for verification the proposed products meet all requirements listed in the SOW. The RFQ response shall address the following: 1. Product Information Required for Each Item Number: a. Item number for each product submitted in the RFQ response. b. Manufacturer, product line, and model number for each item and its components. c. Overall dimensions. d. Product image. e. Fabric and finish options proposed for RFQ that have been priced for each item. 2. Drawings: a. Provide plan view drawings clearly legible and labeled showing legend of components and dimensions for each freestanding desk and panel-supported workstation, including clusters. b. Provide elevations c. Electrical and data shall be on a separate drawing from itemized component drawing. Drawing shall be clearly legible and labeled, identifying all locations of electrical and data/communication outlets. 3. Product Specific Compliance Documentation: a. Provide published, detailed, technical documentation including, but not limited to, specification guides, price catalogs, and manufacturer's published GSA Price List to demonstrate compliance with requirements. b. Highlight, circle, or mark the model, size, type, and any optional features proposed in the RFQ response. 4. Technical Supporting Compliance Documentation: a. Provide manufacturer's technical and construction specifications demonstrating compliance to requirements. b. Documentation shall only be submitted once for multiple items from the same product line. c. Clearly indicate the item numbers that submitted documentation supports. 5. Testing Documentation: a. Contractors are NOT required to submit testing documentation with quotes; however, the Contracting Officer reserves the right to request actual copies of test reports at any time before or after award. 6. Environmental Documentation: a. Contractors are NOT required to submit environmental documentation with quotes; however, the Contracting Officer reserves the right to request actual copies of environmental documentation at any time before or after award. i. Upon request, contractor shall provide certification for Indoor Air Quality (GREENGUARD or equivalent). ii. Upon request, contractor shall provide documentation regarding recycled content and recyclability for all products submitted. 7. Warranty Documentation: a. Warranty documentation is required to be submitted. b. Provide any additional or extended warranty that exceeds manufacturer's standard warranty; extended warranty shall be clearly stated on manufacturer's letterhead and include a verifiable digital signature containing encryption or handwritten signature, date, and title of the company official accepting technical responsibility. Country of Manufacture United States Additional Information Contract Type: Firm Fixed Price Delivery: FOB "Destination" Period of Performance: 180 calendar days ARO. The eleven (11) SES Furniture Packages can be installed immediately once the complete package is ready and available. The one (1) Unit Chief Office Package can be installed approximately March 2024. Exact dates can be confirmed at after award. Delivery timelines will be evaluated as part of the technical requirements. Delivery Address: FBI Redstone Attention: Mary Curry and Carmen Sharp 4942 Fowler Road Redstone Arsenal, AL 35898 Submission of Questions Questions shall be submitted via email - Request for Information (RFI) and sent to the attention of Robert Bass at rmbass@fbi.gov and Elizabeth Mott atejoens@fbi.gov , no later than Thursday, September 21, 2023, at 10:00 am, EDT. Questions sent via other means (i.e., telephone call, facsimile transmission, etc.) will not receive responses. Submission of Quotes The RFQ number is SHOP-PR-23-000171 and shall be referenced on all quotes. Quotations and any accompanying information shall be submitted to Robert Bass at rmbass@fbi.gov and Elizabeth Mott atejoens@fbi.gov, no later than Friday, September 25, 2023, at 10:00 am, EDT. The government will not reimburse any cost incurred in relation to proposal preparation. Availability of Funds Funds are available to fulfill this requirement; however, the Government reserves the right not to make an award if a fair and reasonable price cannot be agreed upon for the subject requirement. Instructions to Offerors 1. You are requested to submit a quotation to provide the required products outlined in this SOW. 2. The quote shall be separated into two separate documents and address the following: A. Technical - The technical portion shall be submitted as described under Submittal Requirements above to fully address the technical specifications/salient characteristics outlined in the SOW and delivery requirements detailed under Delivery. Pictures, drawings and technical literature are required. The technical portion shall not exceed 50 pages when printed on 8-1/2'x11 paper using arial 12 font. The technical quote SHALL NOT contain any pricing information and will be reviewed separately. B. Price - The pricing portion shall be on company letterhead and include a full price breakdown to include all requirements outlined in the SOW. The quote shall be valid for 30 calendar days or longer with the starting date of Monday, September 25, 2023. 3. All quotation documents when printed shall fit on 8 - x 11-inch paper to include spreadsheets (with appropriate page breaks). All documents and spreadsheets shall include the Contractor Name, RFQ Title, and Date. Ensure your proposal is submitted in PDF format. Spreadsheets shall be submitted in Excel document. 4. Please identify the primary and alternate point of contacts (POCs) for this effort. Information shall include the POC name, office telephone numbers, mobile telephone numbers, and e-mail address. BASIS FOR AWARD The acquisition evaluation will be conducted utilizing the Lowest Price Technically Acceptable process. As defined in the FAR, lowest price technically acceptable process represents an award made based on the lowest evaluated price of proposals meeting or exceeding the acceptability standards for non-price factors and past performance. The following criteria will be evaluated: FACTOR 1: Technical - The term - technical, as used herein, refers to the non-price elements listed below. Quotes will be rated as "Acceptable" or "Unacceptable" regarding their ability to meet each element. All elements must be acceptable for a quote to be considered for award. Element 1: General Specifications - The Offeror shall submit a proposal that meets or exceeds ALL technical/salient specifications required in the RFQ and SOW. Refer to Table 1 for a description of the ratings. All elements must be acceptable for a quote to be considered for award. Table 1. Technical Evaluation Ratings for General Specifications Rating Description Acceptable Proposal clearly meets the minimum requirements of the solicitation Unacceptable Proposal does not clearly meet the minimum requirements of the solicitation Element 2: Past Performance - The offeror is not required to submit any past performance information. The Government reserves the right to consider any past performance in its possession including but not limited to the Contractor Performance Assessment Reporting System (CPARS), feedback from the points of contact from the technical experience projects, or other relevant contracts to determine the relevancy of the past performance information. Refer to Table 2 for a description of the ratings. All elements must be acceptable for a quote to be considered for award. Table 2. Technical Evaluation Ratings for Past Performance Rating Description Acceptable Based on the offeror's performance record, the Government has a reasonable expectation that the offeror will successfully perform the required effort, or the offeror's performance record is unknown. (See note below.) Unacceptable Based on the offeror's performance record, the Government has no reasonable expectation that the offeror will be able to successfully perform the required effort. 2. FACTOR 2: Price - The Government will utilize a Lowest Price Technically Acceptable ("LPTA") evaluation method for this requirement. Trade-offs between cost/price and non-cost/price Elements are not permitted. The Government intends to award a firm fixed price contract using competitive procedures to the responsible offeror whose proposal, is/are deemed responsible in accordance with the solicitation (to include all stated terms, conditions, and all other information required by the solicitation), provides the Lowest Priced Technically Acceptable offer to satisfy the requirements of this solicitation and the SOW. Proposals that fail to address all the requirements set forth in the solicitation will be rejected. The Government will evaluate all aspects of the price for fairness, and reasonableness. Note: The Government intends to review past performance information from any sources available. These sources include, but are not limited to PPIRS, FAPPIIS, SAM, or other databases. Invoice Submission Instructions The Federal Bureau of Investigation (FBI) has implemented an electronic invoicing system, the Invoice Processing Platform (IPP), to comply with the Office of Management and Budget's 2018 electronic invoicing mandate. IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury's Bureau of the Fiscal Service (Treasury) in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. To learn more about IPP, please visit IPP.gov. Small Business Accelerated Payment The contractor must indicate its business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB memo M-11-32, - Accelerating Payments to Small Businesses for Goods and Services, dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days. Warranty The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract. Invoice Submission Instructions The Federal Bureau of Investigation (FBI) has implemented an electronic invoicing system, the Invoice Processing Platform (IPP), to comply with the Office of Management and Budget's 2018 electronic invoicing mandate. IPP is a secure, web-based electronic invoicing system provided by the U.S. Department of the Treasury's Bureau of the Fiscal Service (Treasury) in partnership with the Federal Reserve Bank of St. Louis (FRSTL). IPP is available at no cost to any commercial vendor or independent contractor doing business with a participating government agency. To learn more about IPP, please visit IPP.gov. Small Business Accelerated Payment The contractor must indicate its business size on each invoice to assist the payment office in determining eligibility for accelerated payment in accordance with OMB memo M-11-32, - Accelerating Payments to Small Businesses for Goods and Services, dated 10/14/2011. The Prompt Payment Act still applies to this action; however, the agency will make best efforts to pay proper invoices within 15 days. Terms and Conditions The selected offeror must comply with the following commercial item terms and conditions, which are incorporated herein by reference: FAR 52.211-6, Brand Name or Equal; FAR 52.212 - 1, Instructions to Offerors - Commercial Items; FAR 52.212-2, Evaluation - Commercial Items. Award will be made to the lowest price/technically acceptable (LPTA) vendor; FAR 52.212 - 3, Offeror Representations and Certifications - Commercial Items - the selected offeror must submit a completed copy of the listed representation and certifications; FAR 52.212-4, Contract Terms and Conditions - Commercial Items; FAR 52-212-5, Contract Terms and Conditions Required to Implement Statutes or Executive Orders - Commercial Items, paragraph (a) and the following clauses in paragraph (b): 52.204-10, 52.209-6, 52.219-28,52.222-3, 52.222-21, 52.222-26, 52.222-36, 52.222-40, 52.222-50, 52.223-18, 52.225-1, 52.225-13, 52.232-33. 52.211-6 Brand Name or Equal. As prescribed in 11.107(a), insert the following provision: Brand Name or Equal (Aug 1999) (a) If an item in this solicitation is identified as "brand name or equal," the purchase description reflects the characteristics and level of quality that will satisfy the Government's needs. The salient physical, functional, or performance characteristics that "equal" products must meet are specified in the solicitation. (b) To be considered for award, offers of "equal" products, including "equal" products of the brand name manufacturer, must- (1) Meet the salient physical, functional, or performance characteristic specified in this solicitation; (2) Clearly identify the item by- (i) Brand name, if any; and (ii) Make or model number; (3) Include descriptive literature such as illustrations, drawings, or a clear reference to previously furnished descriptive data or information available to the Contracting Officer; and (4) Clearly describe any modifications the offeror plans to make in a product to make it conform to the solicitation requirements. Mark any descriptive material to clearly show the modifications. (c) The Contracting Officer will evaluate "equal" products on the basis of information furnished by the offeror or identified in the offer and reasonably available to the Contracting Officer. The Contracting Officer is not responsible for locating or obtaining any information not identified in the offer. (d) Unless the offeror clearly indicates in its offer that the product being offered is an "equal" product, the offeror shall provide the brand name product referenced in the solicitation. (End of provision) 52.219-14 Limitations on Subcontracting. As prescribed in 19.507(e), insert the following clause: Limitations on Subcontracting (Oct 2022) (a) This clause does not apply to the unrestricted portion of a partial set-aside. (b) Definition. Similarly situated entity, as used in this clause, means a first-tier subcontractor, including an independent contractor, that (1) Has the same small business program status as that which qualified the prime contractor for the award (e.g., for a small business set-aside contract, any small business concern, without regard to its socioeconomic status); and (2) Is considered small for the size standard under the North American Industry Classification System (NAICS) code the prime contractor assigned to the subcontract. (c) Applicability. This clause applies only to (1) Contracts that have been set aside for any of the small business concerns identified in 19.000(a)(3); (2) Part or parts of a multiple-award contract that have been set aside for any of the small business concerns identified in 19.000(a)(3); (3) Contracts that have been awarded on a sole-source basis in accordance with subparts 19.8, 19.13, 19.14, and 19.15; (4) Orders expected to exceed the simplified acquisition threshold and that are (i) Set aside for small business concerns under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to small business concerns under multiple-award contracts as described in 19.504(c)(1)(ii); (5) Orders, regardless of dollar value, that are (i) Set aside in accordance with subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 8.405-5 and 16.505(b)(2)(i)(F); or (ii) Issued directly to concerns that qualify for the programs described in subparts 19.8, 19.13, 19.14, or 19.15 under multiple-award contracts, as described in 19.504(c)(1)(ii); and (6) Contracts using the HUBZone price evaluation preference to award to a HUBZone small business concern unless the concern waived the evaluation preference. (d) Independent contractors. An independent contractor shall be considered a subcontractor. (e) Limitations on subcontracting. By submission of an offer and execution of a contract, the Contractor agrees that in performance of a contract assigned a North American Industry Classification System (NAICS) code for (1) Services (except construction), it will not pay more than 50 percent of the amount paid by the Government for contract performance to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both services and supplies, the 50 percent limitation shall apply only to the service portion of the contract; (2) Supplies (other than procurement from a nonmanufacturer of such supplies), it will not pay more than 50 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 50 percent subcontract amount that cannot be exceeded. When a contract includes both supplies and services, the 50 percent limitation shall apply only to the supply portion of the contract; (3) General construction, it will not pay more than 85 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 85 percent subcontract amount that cannot be exceeded; or (4) Construction by special trade contractors, it will not pay more than 75 percent of the amount paid by the Government for contract performance, excluding the cost of materials, to subcontractors that are not similarly situated entities. Any work that a similarly situated entity further subcontracts will count towards the prime contractor's 75 percent subcontract amount that cannot be exceeded. (f) The Contractor shall comply with the limitations on subcontracting as follows: (1) For contracts, in accordance with paragraphs (c)(1), (2), (3) and (6) of this clause [Contracting Officer check as appropriate.] ? By the end of the base term of the contract and then by the end of each subsequent option period; or ? By the end of the performance period for each order issued under the contract. (2) For orders, in accordance with paragraphs (c)(4) and (5) of this clause, by the end of the performance period for the order. (g) A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (e) of this clause will be performed by the aggregate of the joint venture participants. (1) In a joint venture comprised of a small business prot'g and its mentor approved by the Small Business Administration, the small business prot'g shall perform at least 40 percent of the work performed by the joint venture. Work performed by the small business prot'g in the joint venture must be more than administrative functions. (2) In an 8(a) joint venture, the 8(a) participant(s) shall perform at least 40 percent of the work performed by the joint venture. Work performed by the 8(a) participants in the joint venture must be more than administrative functions. (End of clause) 52.244-6 Subcontracts for Commercial Products and Commercial Services. As prescribed in 44.403 , insert the following clause: Subcontracts for Commercial Products and Commercial Services (Jun 2023) (a) Definitions. As used in this clause Commercial product, commercial service and commercially available off-the-shelf item have the meanings contained in Federal Acquisition Regulation (FAR) 2.101. Subcontract includes a transfer of commercial products or commercial services between divisions, subsidiaries, or affiliates of the Contractor or subcontractor at any tier. (b) To the maximum extent practicable, the Contractor shall incorporate, and require its subcontractors at all tiers to incorporate, commercial products, commercial services, or non-developmental items as components of items to be supplied under this contract. (c) (1) The Contractor shall insert the following clauses in subcontracts for commercial products or commercial services: (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509), if the subcontract exceeds the threshold specified in FAR 3.1004(a) on the date of subcontract award, and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer. (ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act. (iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017). (iv) 52.204-21, Basic Safeguarding of Covered Contractor Information Systems (Nov 2021) , other than subcontracts for commercially available off-the-shelf items, if flow down is required in accordance with paragraph (c) of FAR clause 52.204-21. (v) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Nov 2021) (Section 1634 of Pub. L. 115-91). (vi) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (vii) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (viii) 52.219-8, Utilization of Small Business Concerns (Oct 2022) ( 15 U.S.C.637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (x) 52.222-26, Equal Opportunity (Sept 2016) (E.O.11246). (xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C.4212(a)); (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020)( 29 U.S.C.793). (xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C.4212). (xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496), if flow down is required in accordance with paragraph (f) of FAR clause 52.222-40. (xv) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627). (B) Alternate I (Mar 2015) of 52.222-50( 22 U.S.C. chapter 78 and E.O. 13627). (xvi) 52.222-55, Minimum Wages for Contractor Workers under Executive Order 14026 (Jan 2022), if flow down is required in accordance with paragraph (k) of FAR clause 52.222-55. (xvii) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706), if flow down is required in accordance with paragraph (m) of FAR clause 52.222-62. (xviii) (A) 52.224-3, Privacy Training (Jan 2017) ( 5 U.S.C. 552a) if flow down is required in accordance with 52.224-3(f). (B) Alternate I (Jan 2017) of 52.224-3, if flow down is required in accordance with 52.224-3(f) and the agency specifies that only its agency-provided training is acceptable). (xix) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (xx) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) , if flow down is required in accordance with paragraph (c) of FAR clause 52.232-40. (xxi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C.2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may flow down to subcontracts for commercial products or commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. (d) The Contractor shall include the terms of this clause, including this paragraph (d), in subcontracts awarded under this contract. (End of clause) Parent topic: 52.244 [Reserved]52.246-20 Warranty of Services (May 2001) (b) The Contracting Officer shall give written notice of any defect or nonconformance to the Contractor within 15 days of use by the Government. This notice shall state either- (1) That the Contractor shall correct or reperform any defective or nonconforming services; or (2) That the Government does not require correction or reperformance. Inverted Domestic Corporations Section 743(a) of Division D of the Omnibus Appropriations Act, 2009, prohibits the Federal Bureau of Investigation from entering into any contract with any foreign incorporated entity which is treated as an inverted domestic corporation under Section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. - 395(b)) or any subsidiary of such entity. This prohibition does not apply to contracts entered before March 11, 2009, or to any task orders issued pursuant to such contracts. The Attorney General shall waive prohibitions in the interest of national security. The Contractor under this solicitation warrants that: ___ it is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. - 395(b); ___ it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. - 395(b), but it has submitted a request for waiver or plans to submit a request for waiver. A copy of the approved waiver, if a waiver has been granted, or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal. The Contractor warrants that if at any time after award it discovers it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. - 395(b) and a waiver was not obtained, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer. The Government may, however, terminate the contract at no cost to the Government. None of the funds made available by the Department's current Appropriations Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation- Convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government, or 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, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. By submitting a response to this solicitation, the offeror represents that, as of the date of this offer- The offeror is not a corporation convicted of a felony criminal violation under any Federal or State law within the preceding 24 months; and, The offeror is not a corporation that has any unpaid Federal or State 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. Representation Regarding Felony Conviction Under Any Federal law or Unpaid Delinquent Tax Liability (Deviation 2012-02) (Jan 2012) (a) In accordance with sections 543 and 544 of Title Y, Division B of the Further Continuing Appropriations Act, 2012 (Pub. L. 112-55), none of the funds made available by that Act may be used to enter into a contract, memorandum of understanding, or cooperative agreement with a corporation (1) convicted of a felony criminal violation of any Federal law within the preceding 24 months, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government; or, (2) with an 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, unless an agency has considered suspension and debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government. (b) By accepting this award or order, in writing or by performance the offeror/contractor represents that- (1) the offeror/contractor is not a corporation convicted of a felony criminal violation under any Federal law within the preceding 24 months; and, (2) the offeror/contractor 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. DJAR-PGD-15-02-Attachment 1A Corporate Representation Regarding Felony Conviction Under Any Federal Law or Unpaid Delinquent Tax Liability - Solicitation (DEVIATION 2015-02) (March 2015) (a) None of the funds made ...