VIPR I-BPA for Miscellaneous Heavy Equipment for Region 3 - Southwest Region

Pursuant to the Consolidated Appropriations Act, 2012 (Pub. L. 112-74), the Forest Service is prohibited from using funds to enter into a contract/agreement with a corporation that has unpaid Federal tax delinquencies or certain felony convictions. ALL VENDORS must complete and return the attached AGAR provision 452.209-70, Alternate 1. FAILURE TO RETURN THE PROVISION MAY RESULT IN NO AWARD. To facilitate timely compliance with this departmental requirement, the self-certification provision must be printed and returned electronically or via fax to me at 928-333-5966 by the response date of the solicitation. Helpful hints in completing the representation: Corporation is defined in (b)(1) of the provision. The appropriations restrictions state that funds cannot be used to make awards to corporations that have had an officer or agent of such corporation acting on behalf of the corporation convicted of a felony. This means that if an officer or agent of a corporation is convicted of a felony or something that he or she did for the corporation, then the appropriations restrictions would apply. However, if the officer or agent was convicted of a felony for actions on his or her own behalf, the appropriation restrictions would not apply. To: Anne Weiskircher, 928-333-5966 Vendor/Company Name: Solicitation Number: AGAR 452.209 70 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction. (DEVIATION 2012-01) Alternate 1 (Feb 2012). (a) Awards made under this solicitation are subject to the provisions contained in the Consolidated Appropriations Act, 2012 (P.L. No. 112-74), Division E, Sections 433 and 434 regarding corporate felony convictions and corporate federal tax delinquencies. To comply with these provisions, all offerors must complete paragraph (1) of this representation, and all corporate offerors also must complete paragraphs (2) and (3) of this representation. (b) The Offeror represents that (1) The Offeror is [ ], is not [ ] (check one) an entity that has filed articles of incorporation in one of the fifty states, the District of Columbia, or the various territories of the United States including American Samoa, Federated States of Micronesia, Guam, Midway Islands, Northern Mariana Islands, Puerto Rico, Republic of Palau, Republic of the Marshall Islands, U.S. Virgin Islands. (Note that this includes both for-profit and non-profit organizations.) If the Offeror checked is above, the Offeror must complete paragraphs (2) and (3) of the representation. If Offeror checked is not above, Offeror may leave the remainder of the representation blank. (2) (i) The Offeror has [ ], has not [ ] (check one) been convicted of a felony criminal violation under Federal or State law in the 24 months preceding the date of offer. (ii) Offeror has [ ], has not [ ] (check one) had any officer or agent of Offeror convicted of a felony criminal violation for actions taken on behalf of Offeror under Federal law in the 24 months preceding the date of offer. (3) The Offeror does [ ], does not [ ] (check one) have 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.