Leadership Culture Initiative Course

COMBINED SYNOPSIS/SOLICITATION (i) This is a combined synopsis/solicitation for 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 are being requested and a written solicitation will not be issued. (ii) The combined synopsis/solicitation number is W9098S-16-T-0057. The solicitation is issued as a request for quotation (RFQ) for an unpriced purchase order in accordance with 13.302-2. Vendors who are not registered in the System for Award Management (SAM) database prior to award will not be considered. Vendors may register online at www.SAM.gov . Note: This solicitation is restricted to Succeed Inside the Box in accordance with FAR 13.106-1(b). (iii)This solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular (FAC) 05-84. (iv)There is no set-aside for this procurement. The associated North America Industry Classification System (NAICS) Code is 611710 and the Business Size Standard is $15,000,000.00. (v) This combined synopsis/solicitation is for the following commercial item(s): 0001 ITEM: Leadership Culture Initiative Course UNIT OF MEASURE: LOT QUANTITY: 1 0002: ITEM: Contractor Manpower Reporting UNIT OF MEASURE: LOT QUANTITY: 1 Not Separately Priced (NSP) (vi) Description of Requirement: 0001: See Performance Work Statement (Attachment 0001) Session: Leadership Culture Initiative Program (LCIP) Course By Dr. Grandinetti - Succeed Inside the Box. Number of sessions will be specified in each delivery order. The guaranteed minimum is 2 sessions. The maximum total number is 26 sessions. Each delivery order will be issued in 1 lot for the total number of sessions required. Each delivery order will state the period of performance the sessions must be completed in. The COR and contractor will agree upon exact dates of each session within 30 days after issuance of each delivery order. Each ordering period is 1 year in length. Ordering Period 1 Session Unit Price: Ordering Period 2 Session Unit Price: Ordering Period 3 Session Unit Price: Ordering Period 4 Session Unit Price: 0002: Contractor Manpower Reporting. See clause 52.0000-4933. (vii) Period of Performance: 4 years from date of award Acceptance: Destination. FOB: Origin (viii) FAR 52.212-1, Instructions to Offerors - Commercial Items, applies to this acquisition. ADDENDUM TO 52.212-1 PROVISIONS INCORPORATED BY REFERENCE 52.215-20 Requirements for Certified Cost or Pricing Data or Information Other Than Certified Cost or Pricing Data OCT 2010 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-- Representation and Certifications. OCT 2015 PROVISIONS INCORPORATED BY FULL TEXT 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB 1998) This solicitation incorporates one or more solicitation provisions by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. The offeror is cautioned that the listed provisions may include blocks that must be completed by the offeror and submitted with its quotation or offer. In lieu of submitting the full text of those provisions, the offeror may identify the provision by paragraph identifier and provide the appropriate information with its quotation or offer. Also, the full text of a solicitation provision may be accessed electronically at this/these address(es): http://farsite.hill.af.mil (End of provision) 52.252-5 AUTHORIZED DEVIATIONS IN PROVISIONS (APR 1984) (a) The use in this solicitation of any Federal Acquisition Regulation (48 CFR Chapter 1) provision with an authorized deviation is indicated by the addition of"(DEVIATION)" after the date of the provision. (b) The use in this solicitation of any Defense Acquisition Regulations System, Department of Defense (48 CFR Chapter 2) provision with an authorized deviation is indicated by the addition of "(DEVIATION)" after the name of the regulation. (End of provision) 252.209-7994 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2014 APPROPRIATIONS (DEVIATION 2014-O0004) (OCTOBER 2013) (a) In accordance with section 101(a) of Division A of the Continuing Appropriations Act, 2014 (Pub. L. 113-46), none of the funds made available by that Act for DoD (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) Additional OPSEC Information: 52.204-9 PERSONAL IDENTITY VERIFICATION OF CONTRACTOR PERSONNEL (JAN 2011) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee's employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor`s employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. (End of Clause) IMPACT ON CONTRACTOR PERFORMANCE DURING INCREASED FPCON DURING PERIODS OF INCREASED THREAT. During FPCONs Charlie and Delta, Services may be discontinued / postponed due to higher threat. Services will resume when FPCON level is reduced to level Bravo or lower. RANDOM ANTITERRORISM MEASURES PROGRAM (RAMP) PARTICIPATION. Contractor personnel working on an installation are subject to participation in Installation RAMP security program (e.g. vehicle searches, wearing of ID badges, etc.) (End of provision) 52.0000-4037 U.S. DEPARTMENT OF LABOR WAGE DETERMINATIONS (MAY 1993) ONLY THOSE ITEMS MARKED WITH AN 'X' APPLY: ( ) (a) The following United States Department of Labor Wage Rates Decision Number is applicable to this procurement: [ENTER DECISION NO., DATE AND MODS, IF APPLICABLE:] ( ) (b) Wage determinations of the Secretary of Labor are attached. (X) (c) Wage determinations are not attached: ( ) are not applicable to this solicitation. (X) are pending decision by Department of Labor and may be added by amendment. (End of provision) END OF ADDENDUM TO 52.212-1, INSTRUCTIONS TO OFFERORS - COMMERCIAL (ix) FAR 52.212-2, Evaluation - Commercial Items does not apply to this acquisition. (x) FAR 52.212-3, Offeror Representations and Certifications -- Commercial Items applies to this acquisition please include a completed copy of the provision with your quote. (The full text of this clause may be accessed electronically at this address: http://farsite.hill.af.mil.) (xi) The clause at 52.212-4, Contract Terms and Conditions -- Commercial Items, applies to this acquisition. ADDENDUM TO 52.212-4 CLAUSES INCORPORATED BY REFERENCE 52.203-3 Gratuities APR 1984 52.203-11 Certification And Disclosure Regarding Payments To Influence Certain Federal Transactions SEP 2007 52.203-12 Limitation On Payments To Influence Certain Federal Transactions OCT 2010 52.203-17 Contractor Employee Whistleblower Rights and Requirement To Inform Employees of Whistleblower Rights APR 2014 52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper MAY 2011 52.204-9 Personal Identity Verification of Contractor Personnel JAN 2011 52.232-39 Unenforceability of Unauthorized Obligations JUN 2013 52.253-1 Computer Generated Forms JAN 1991 252.204-7003 Control Of Government Personnel Work Product APR 1992 252.204-7004 Alt A System for Award Management Alternate A FEB 2014 252.225-7048 Export-Controlled Items JUN 2013 CLAUSES INCORPORATED BY FULL TEXT 52.0000-4002 SHIPPING/DELIVERY INSTRUCTIONS AND INFORMATION (OCT 2007) 1. THE COMPLETE 13-DIGIT PURCHASE ORDER, DELIVERY ORDER, OR CONTRACT NUMBER (The Number that starts with W9098S----) MUST BE ON THE OUTSIDE OF THE SHIPPING CONTAINER. This number must also appear on all packing slips, invoices, bills, or any communications regarding this order. 2. A Packing List must be included with each shipment. 3. Any excess quantity delivered, that is not covered by a Variation in Quantity clause, is subject to rejection. 4. SHIPMENT OR DELIVERY TO ANY ADDRESS OTHER THAN THE "SHIP TO" ADDRESS DESIGNATED IN THE PURCHASE ORDER/DELIVERY ORDER/CONTRACT (Block 14 of the DD1155, Block 15 of the SF1449, or Block 11 of the SF 26) MAY RESULT IN A DELAY IN PAYMENT. 5. ANY CHANGE IN THE "SHIP TO" ADDRESS MUST BE APPROVED BY A WRITTEN CONTRACT MODIFICATION FROM THE CONTRACTING OFFICER. 6. Information from FAR clause 52.232-25, Prompt Payment (FEB 2002), Paragraph (a)(5)(i): For the sole purpose of computing an interest penalty that might be due the Contractor, Government acceptance is deemed to occur constructively on the 7th day (unless otherwise specified in this contract) after the Contractor delivers the supplies or performs the services in accordance with the terms and conditions of the contract, unless there is a disagreement over quantity, quality, or Contractor compliance with a contract provision. If actual acceptance occurs within the constructive acceptance period, the Government will base the determination of an interest penalty on the actual date of acceptance. The constructive acceptance requirement does not, however, compel Government officials to accept supplies or services, perform contract administration functions, or make payment prior to fulfilling their responsibilities. (End of Provision) 52.0000-4035 ROCK ISLAND ARSENAL SAFETY, LAW ENFORCEMENT, SECURITY, AND FIRE PREVENTION REQUIREMENTS/REGULATIONS (AUG 2004) THIS CLAUSE APPLIES WHEN THE CONTRACTOR ENTERS ROCK ISLAND ARSENAL ISLAND. a. ROCK ISLAND ARSENAL SAFETY, LAW ENFORCEMENT, SECURITY, AND FIRE PREVENTION REQUIREMENTS. Any contractor personnel entering Rock Island Arsenal (RIA) as the result of this order/ contract are required to adhere to all regulations governing safety, law enforcement, security, and fire prevention in effect at the time of entrance. Failure to comply with said regulations may result in immediate removal from RIA. The contractor shall bear full responsibility of the consequences of said removal. Further clarifications of RIA regulations are available from the Contracting Officer for this order/contract. b. SECURITY REGULATIONS. The contractor and employees shall meet the following special security conditions. 1. SECURITY BADGES: ALL CONTRACTORS who are performing construction or service work within the confines of Rock Island Arsenal will be required to obtain a Security Badge. Contractor personnel will, prior to or on the beginning date of work, report to the Security and Intelligence Division specified below. The type of badge issued and authorization for the badge will depend on the duration of the contract. (a) Temporary Badges will be issued at the Security Desk located in building 23 when the contract is less than 30 days in duration. Prior to the badge being issued, the contractor will complete a SIORI Form 190-31, Validation Pass. Security personnel will then obtain verbal authorization from the Contracting Officer (CO), Contractor Officer Representative (COR) or the Contractor Authorized to Sign (CAS), as appropriate, to issue a badge to a contractor. (b) Permanent or picture-type installation badges will be issued at the Security Desk located in building 102 when the contract exceeds 30 days in duration, the contractor is employed full-time on Arsenal Island (4-5 days a week) and resides in the local community (within 100 miles). The contractor will complete a SIORI Form 190-24 (Contractor Employee Record) and the record will be signed by the CO, COR or the CAS, as appropriate. Upon completion, a badge will be issued for the duration of the contract, however, a badge will not be issued for longer than a five year period. (c) Lost badges will be reported to the Security Desk at building 23 as soon as possible. Contractors with permanent picture-type badges will receive a temporary two- week badge to allow sufficient time for the badge to be found. If the badge has not been found after the two-week period, a Lost Badge Report will be completed by the contractor, and a new permanent picture-type badge will be issued. (d) Contractors are required to display installation badges above the waist in a conspicuous place on the upper part of the body on the outer clothing. Security badges are accountable and are required by the recipient to be safeguarded at all times to prevent theft, loss or misuse by unauthorized personnel. (e) All badges must be retrieved upon completion of the contract, or any other circumstances that eliminate the requirement for access to the installation by the contractor. It is the responsibility of the CO, COR or CAS to ensure the badges are collected and returned to either Security Desk. 2. DOD DECALS. (a) Vehicle registration and the display of the DoD decal is required for contractor employees who are employed full-time on Arsenal Island (4-5 days a week) and reside in the local community (within 100 miles). Registration requirements include possession of a valid state driver's license, supported by a RIA badge and possession of a current, original certificate of state registration, as required by the state in which the vehicle is registered. (b) Contractor personnel registering a motor vehicle must comply with the automobile insurance laws of the State in which the vehicle is registered. Registration also implies knowledge of the requirement to remove and return the decal when registration is terminated, the owner sells or disposes of the vehicle, employment is terminated, or suspension or revocation of driving privileges has occurred. (c) Vehicle registration and installation decals is not required for bicycles, motorcycles, company or off-road vehicle. (d) All decals must be retrieved upon completion of the contract, or any other circumstances which eliminate the requirement for access to the installation by the contractor. It is the responsibility of the CO, COR or CAS to ensure the decals are collected and returned to either Security Desk. 3. PARKING. (a) Parking is on a first-come, first served basis, provided the parking space is not posted with a reserved, visitor or handicapped parking sign. Parking is allowed in "marked" spaces only. (b) All valid spaces are clearly marked with white lines on both sides of the space. Vehicles parked in other than valid spaces are subject to being issued a parking ticket. 4. NON U.S. CITIZENS: (a) Foreign Nationals must be escorted by an installation employee who is a US Citizen at all times when in installation work areas. Security badges will be marked "Escort Required in All Areas". AMCMI is the approval authority for granting access to foreign nationals to AMC information systems. (b) Immigrant Aliens must be escorted by a government employee who is a US Citizen at all times when in installation restricted areas. Security badges will be marked "Escort Required in Restricted Areas". AMCMI is the approval authority for granting access to immigrant aliens to AMC Information Technology (IT) systems. 5. Information Technology (IT) Positions and/or Processing Information Within IT Systems. (a) Every contractor employee within the Department of Defense whose duties require access to IT Systems will have their positions identified by the government as either Information Technology (IT) I, II or III. Those contractor personnel identified as IT I, II and III will require a favorably completed security investigation as listed below. Completed forms will be submitted by the contractor to the Office of Personnel Management (OPM). Only after the investigation has been favorably completed will the contractor be given permanent access to the system. Temporary access may be authorized if the contractor provides a copy of the submitted investigation for the Security and Intelligence Division (AMSTA-RI-FPS) to review. (1) IT-I Definition. Responsible for designing Army IT Systems. Investigation requirements: Single Scope Background Investigation. (2) IT -II DEFINITION. Responsible for designing programs and/or administering systems in support of Army Information Assurance (IA). Investigation requirement: National Agency Check. (3) IT-III Definition. Duties requiring a login ID and password for access to an Army IT System. Investigation requirement: National Agency Check. (b) The contractor will ensure that investigations are returned to the "Commander, Rock Island Arsenal, ATTN: AMSTA-RI-FPS, Rock Island, IL 61299-5000". (c) Electronic forms and instructions are available at www.dss.mil. (d) Unfavorable Information: When unfavorable information is received by the government, the subject of that unfavorable information may be denied access until the information is adjudicated by the government. 6. UNESCORTED ACCESS TO RESTRICTED AREAS. Contractors whose duties have been designated by the government as requiring unescorted access to restricted areas must provide proof of a favorably completed personnel security investigation equivalent to an ADP III position as specified above. 7. ELECTRONIC ACCESS. The COR must coordinate, request and issue electronic access keys for contractor personnel. Contractor personnel must report the loss of electronic keys immediately. c. SAFETY REGULATIONS. When the project location is inside of a manufacturing building where all employees and visitors are required to wear approved safety glasses, all contractor and subcontractor personnel are required to wear safety glasses on the project site. d. RESTRICTED AREAS. Contractor's personnel will not be allowed within he restricted areas of the Arsenal without proper identification and authorization. Also, upon ingress/egress, their vehicles will be subjected to vehicle inspection by the regularly appointed guards of Rock Island Arsenal. e. REMOVAL OF CONTRACTOR OR GOVERMENT-FURNISHED PROPERTY. The following procedures are prescribed for the issuance of passes for removing contractor owned material and equipment which has been brought onto the Arsenal by authorized contractors for use in accomplishing work under a contract, or Government-furnished property which, under the terms of a contract, may properly be removed by the contractor. 1. It will be the responsibility of the contracting officer, or designated inspector to determine that property being removed by a contractor is property of the contractor, or Government-furnished property being removed under the terms of the applicable contract. In case Government-furnished property is involved, it will be the responsibility of the individuals designated above to insure that all accounting papers prescribed by the contract or other regulations have been completed before the contractor is permitted to remove the property. 2. The individuals designated for the purpose, will prepare and sign a Property Pass, DA Form 1818, which will contain the name of the contractor, the contract number, a listing of the property in sufficient detail to permit identification. The guard on duty at the exit gate will retain the pass and turn it in at the Police Station. NOTE: The guards will not allow removal of contractor's property unless covered by the above pass. It is the contractor's responsibility to obtain the pass from the contracting officer's designated representative. f. INSPECTION. All contractor and contractor employees' vehicles, equipment, and packages are subject to inspection or examination at entry/exit of the Arsenal. Security personnel/police will conduct inspection deemed necessary to enforce security requirements. g. SMOKING POLICY. 1. Indoor smoking is not allowed in any workplace building on Arsenal Island. 2. Only the cafeterias and the Arsenal Club have designated indoor smoking areas available. 3. Outside smoking must occur at least 50 feet from building entrances and exits. 4. Contractors are required to enforce DOD/RIA 'No Smoking' rules for the Contractor's employees. h. RADIOACTIVE MATERIALS AND RADIATION GENERATING EQUIPMENT. The Rock Island Arsenal Radiation Protection Program requires the Radiation Protection Officer (RIA-RPO) to have full knowledge of the location of radioactive materials and radiation generating equipment. Contractors and any other non-Army activities operating on the installation shall inform the RPO of any radioactive sources or equipment which generates ionizing radiation. i. EMERGENCY MEDICAL TREATMENT. 1. The Rock Island Arsenal (RIA) Health Clinic, Bldg. 110, can provide medical care only for Government employees for work-related matters. Contractor employees are not eligible for routine health care at the RIA Health Clinic. 2. The RIA does have ambulance service and paramedics available for emergencies. In the event of a medical emergency (serious accident or illness), the RIA Health Clinic will care for any patient until other arrangements can be made. 3. Contractors shall inform all employees working at RIA of the following: (a) Limitations upon health care at the RIA Health Clinic. (b) Company policies and procedures for obtaining health care for work-related injuries or health problems. (c) Emergency Phone Number For Rock Island Arsenal: Dial 911. DIAL 911 FOR AMBULANCE, FIRE, MEDICAL EMERGENCIES APPENDIX Force Protection Directorate (AMSTA-RI-FP) TO WHOM IT MAY CONCERN The following information is required to expedite the work you will be performing on Rock Island Arsenal. Please read the instructions carefully, and provide the information requested utilizing the attached contract. COMPANY NAME: COMPANY ADDRESS: CONTRACT NUMBER: INCLUSIVE DATES OF CONTRACT: WORK AREAS (Building Numbers): HOURS OF OPERATION: CONTRACTING OFFICER REPRESENTATIVE: CONTRACTOR'S SUPERINTENDENT (Name, Address, Phone Number): ESTIMATED NUMBER OF CONTRACTOR EMPLOYEES: NAME AND PHONE NUMBER OF INDIVIDUAL COMPLETING THE ABOVE INFOMATION: If you will be employing SUBCONTRACTORS, please forward a copy of this letter to each subcontractor company and ensure they respond appropriately. The above information is to be forwarded to the Security Management Office prior to the start of the contract. At the completion of the project, ALL badges MUST be returned to the Security Desk in Building 102, second floor. If you have any questions or concerns, feel free to contact the security desk +1 (555) 000-0000. (End of Appendix) (End of clause) 52.0000-4834 AMC-LEVEL PROTEST PROGRAM (LS7000) May 2014 If you have complaints about this procurement, it is preferable that you first attempt to resolve those concerns with the responsible Contracting Officer. However, you can also protest to Headquarters, AMC. The HQ, AMC-Level Protest Program is intended to encourage interested parties to seek resolution of their concerns within AMC as an Alternative Dispute Resolution forum, rather than filing a protest with General Accounting Office or other external forum. Contract award or performance is suspended during the protest to the same extent, and within the same time periods, as if filed at the GAO. The AMC protest decision goal is to resolve protests within 20 working days from filing. To be timely, protests must be filed within the periods specified in FAR 33.103. Send protests (other than protests to the Contracting Officer) to: Headquarters U.S. Army Materiel Command Office of Command Counsel-Deputy Command Counsel 4400 Martin Road Rm: A6SE040.001 Redstone Arsenal, AL 35898-5000 Fax: +1 (555) 000-0000 e-mail: contact@example.gov The AMC-level protest procedures are found at: www.amc.army.mil/pa/commandcounsel.asp If Internet access is not available, contact the Contracting Officer or HQ, AMC Office of Command Counsel to obtain the AMC-Level Protest Procedures. (End of provision) 52.0000-4933 CONTRACTOR MANPOWER REPORTING (CMR) (MAY 2013) The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for the -1- via a secure data collection site. The contractor is required to completely fill in all required data fields using the following web address: http://www.ecmra.mil/, and then click on "Department of the Army CMRA" or the icon of the DoD organization that is receiving or benefitting from the contracted services. Reporting inputs will be for the labor executed during the period of performance during each Government fiscal year (FY), which runs October 1 through September 30. While inputs may be reported any time during the FY, all data shall be reported no later than October 31 of each calendar year, beginning with 2013. Contractors may direct questions to the help desk by clicking on "Send an email" which is located under the Help Resources ribbon on the right side of the login page of the applicable Service/Component's CMR website". (End of Statement of Work) 52.0000-4943 NOTIFICATION OF VENDOR PERFORMANCE EVALUATION (Feb 2011) This contract will be evaluated on vendor performance in the following categories: Overall, Product/Service Quality, and Compliance with Contract, Delivery Schedule Met, and Performance within Price Range. A letter will be sent if performance of the contract is "Unsatisfactory" in any category. Copies of the Vendor Performance File can be requested for review. Send requests for Vendor Performance Files to the Contract Specialist listed on the first page of the solicitation/contract. (End of Notice) 52.204-4020 (TACOM) ACCESS AND GENERAL PROTECTION/SECURITY POLICY AND PROCEDURES (JUN 2012). The contractor and all associated subcontractors' employees shall comply with applicable installation, facility, and area commander installation and facility access and local security policies and procedures (provided by the Government representative). The contractor shall also provide all information required for background checks to meet installation access requirements to be accomplished by the installation Provost Marshal Office, Director of Emergency Services, or Security Office. The contractor workforce must comply with all personal identity verification requirements as directed by DOD, HQDA, and/or local policy. In addition to the changes otherwise authorized by the changes clause of this contract, should the Force Protection Condition (FPCON) at any individual facility or installation change, the Government may require changes in contractor security matters or processes. 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY MATTERS (OCT 2015) (a)(1) The Offeror certifies, to the best of its knowledge and belief, that- (i) The Offeror and/or any of its Principals- (A) Are ( ) are not ( ) presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (B) Have ( ) have not ( ), within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks "have", the offeror shall also see 52.209-7, if included in this solicitation); and (C) Are ( ) are not ( ) presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision.; and (D) Have , have not , within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,500 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liabilit...