Request for Quotes USAC-IT McAfee SIEM Tech Renewal

Transcription

1 Request for Quotes USAC-IT McAfee SIEM Tech Renewal This is a request for quotes (RFQ). The purpose of this procurement is to purchase McAfee SIEM product renewals. See Attachment 1 for full description of products. This announcement constitutes the only notice of this procurement; no separate written solicitation will be issued. The solicitation number is USAC-IT Contractor shall provide the hardware and software support at the fixed prices set forth in Attachment 1. Contractor must be an authorized McAfee Partner/Reseller capable of ordering and providing the McAfee products at the time of award selection. Contractor shall provide USAC with the complete (not partial) version specifications and quantities of the required McAfee SIEM products identified on Attachment 1. Most recent commercially available versions and releases must be supplied. New items only; no refurbished, grey market, or previously used items will be accepted. Grey market is defined as trade of a commodity through distribution channels which are legal but are unofficial, unauthorized, or unintended by the original manufacturer. Licenses shall be delivered no later than October 26, Contracting Office Address: 2000 L Street, NW, Suite 200 Washington, DC Place of Performance: 2000 L Street, NW, Suite 200 Washington, DC Primary Point of Contact: Jim Cosson Manager of Purchasing Universal Service Administrative Company 2000 L Street, NW, Suite 200 Washington, DC USAC is not a Federal agency, a government corporation, a government controlled corporation or other establishment in the Executive Branch of the United States Government. USAC is not a contractor to the Federal Government. The contract awarded as a result of this RFQ will not be a subcontract under a Federal prime contract. However, USAC conducts its procurements in accordance with the terms of a Memorandum of Understanding with the FCC, which requires USAC to adhere to the following provisions from the Code of Federal Regulations, 2 C.F.R , , and App. II to C.F.R. Part 200 (collectively procurement regulations). Contractor shall comply with the procurement regulations and all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its 1

2 performance under this Agreement. Contractor shall also comply with USAC s Standard Terms and Conditions. See Attachment 2. Offeror shall complete and submit the representations set forth and included in Attachment 3. Offeror s quotes should include the following: 1. Solicitation number. 2. A completed and signed copy of the Quote Form included as Attachment A description of goods and/or services being offered in sufficient detail to evaluate compliance with the requirements in the solicitation. 4. The official letter of authorization from the manufacturer establishing and confirming the Offeror is, and will be, an authorized partner or reseller of McAfee products as of the date(s) of award and time of delivery. 5. Name, address and telephone number of the Offeror. 6. A complete copy of the representations and certifications in Attachment Company TIN and Duns number. Although the quote form breaks out different items, this is a firm-fixed-price contract and, ultimately, the total firm-fixed-price amount is the amount taken into consideration when reviewing the quotes. The quote form provides for the following: 1. A breakdown of the components of the quote on a line item basis, if applicable. 2. All applicable federal, state, and local sales, use, and excise taxes. 3. All costs for configuration of equipment, if applicable. 4. All other costs (i.e. labeling, packaging, packing, loading, storage, insurance, etc.). 5. All blanks shall be filled in accordingly. Any alteration or erasure must be initialed by the signer of the quote. Please quotes to [email protected]. Proposals must be received by USAC no later than October 12, 2015 at 9:00 AM EDT. USAC reserves the right to amend, revise or cancel this RFQ at any time at the sole discretion of USAC and no legal or other obligations are assumed by USAC by virtue of the issuance of this RFQ, including any commitment to procure the products or services sought herein. USAC will evaluate all Quotes that are submitted in compliance with the requirements of this RFQ. USAC will issue a purchase order to the responsible Offeror(s) submitting the lowest priced technically acceptable Quote. In order to be deemed responsible, a prospective contractor must be responsible and have adequate financial resources to perform the contract, or the ability to obtain them, and a satisfactory record of integrity and business ethics. A responsible offeror will be deemed technically acceptable if: (1) it is an McAfee partner or reseller at the time of submission of its quote and at time of award; and (2) it proposes to provide, and has the apparent capability to provide, all the items identified in Attachment 1 in accordance with the terms of this RFQ, including all attachments hereto. 2

3 Attachment 1 Quote Form Solicitation No. USAC-IT This Quote is submitted by an authorized representative of the undersigned company ( Company ) and is valid for 90 days from the date set forth below. Company agrees to provide the items at the prices set forth in this Quote in accordance with the terms and conditions of Solicitation No. USAC-IT , including the synopsis and all attachments thereto. Submitted By: Company Legal Name: By Authorized Representative: Signature: Print Name: Title: DUNS #: Date: Item ID Description UOM Qty. Unit Price Extended Price ACE2600ARMAE MCAFEE ADVANCED EA 1 CORRELATION ENGINE YR GL+ARMA 1U+ ELM2600ERCARMAE EA 3 ETM5600ARMAE MCAFEE ENTERPRISE LOG MANAGER RECEIVER YR GL+ARMA 1U+ MCAFEE ENTERPRISE SECURITY MANAGER YR GL+ARMA 1U+ EA 1 Sub-Total: Applicable Taxes (e.g. sales tax-usac is required to pay 5.75% Washington, DC sales tax): Lead time from date of purchase: Other (describe): Total Firm-Fixed Price: Accepted by USAC: Signature: Print Name: Title: Contract Effective Date:, 2015

4 ATTACHMENT 2 TERMS AND CONDITIONS 1. Definitions (a) Contract shall mean the legally binding written and signed agreement between USAC and Contractor, which shall include in descending order of precedence (1) the Synopsis and all Attachments thereto, including a signed copy of Attachment 1; (2) Offerors proposal, quote or bid, if submitted on any document other than the USAC supplied Quote or Bid Form; (3) any standard or form terms and conditions included in offerors proposal, quote or bid; (4) other attachments. In the event of conflict between the terms or conditions contained in any documents, the document with higher precedence shall control. (b) Contractor shall mean, unless otherwise stated, Contractor and any affiliates, partners, directors, officers, or employees of Contractor, as well as any of Contractor s subcontractors and consultants, and their respective affiliates, partners, directors, officers, and employees. (c) Data means recorded information, regardless of form or the media on which it may be recorded, and includes, but is not limited to, technical data and Software. (d) Software means computer programs that allow or cause a computer to perform a specific operation or series of operations, together with all modifications to, or enhancements (derivative works) thereof. 2. Payments. USAC will pay invoices for accepted Deliverables within 30 calendar days of receipt, provided such invoice is submitted in accordance with Section 3, below. 3. Invoices. Contractor shall submit proper invoices, electronically via , to: [email protected]. The shall contain a statement in the subject line indicating the correspondence is, or contains, an invoice. To constitute a proper invoice, the invoice must include, at a minimum the following information and/or attached documentation: (a) Name and address of Contractor; (b) Invoice date and number; (c) USAC Contract number and Purchase Order number; (d) Description and quantity of the goods delivered or services performed; (e) Name and address of official to whom payment is to be sent; (f) Name, title, and phone number of person to notify in event of invoice or payment issues, and; (g) Electronic funds transfer (EFT) banking information. USAC shall not be liable for uncompleted or erroneous transfers which occur as a result of Contractor s providing incorrect or out of date EFT information. 1

5 4. Conflict of Interest (a) USAC is the appointed neutral administrator of the federal Universal Service programs (Programs) and the federal Universal Service Fund (USF). USAC is governed by a Board of Directors comprised of various stakeholders in the universal service programs, and is forbidden from advocating positions on universal service policy matters. Because of USAC s unique role as neutral administrator and the use of public funds, it is essential that any Contractor providing assistance to USAC relating to the administration of the Programs and the USF maintain the same neutrality, both in fact and in appearance, and avoid any conflict of interest or even the appearance of a conflict of interest relating to the performance of this Contract. To the extent that Contractor, or any of its principals, has client, membership, financial and/or any other material affiliation with entities that participate in the federal USF in any respect (including but not limited to receiving funds from the Programs, contributing to the USF, advocating policy positions on matters related to the Programs or the USF; or representing clients who participate in the USF), there may be actual, potential and/or apparent conflict(s) of interest associated with providing services related to the administration of the USF. An actual or potential conflict of interest, or the appearance of a conflict of interest, may also arise from any employment or consultation arrangement involving USAC or FCC employees and the Contractor or from the existence of any ownership or control of the Contractor by an FCC or USAC employee. (b) Prior to commencing performance, and at any time during the term of the Contract, Contractor shall promptly notify USAC in writing of any actual or potential conflicts of interest involving Contractor, or any circumstances that give rise to the appearance of a conflict of interest, and the means by which it proposes to avoid, neutralize, or mitigate such conflicts. (c) Contractor must not advocate any policy positions with respect to the Programs or USF during the term of the Contract. By its execution hereof, the Contractor represents and certifies that it has not paid or promised to pay a gratuity, or offered current or future employment or consultancy, to any USAC or governmental employee in connection with the award. 5. USAC and Applicable Laws. Contractor shall comply with the procurement standards and all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this Contract. 6. Independent Contractor. Contractor acknowledges and agrees that Contractor is an independent contractor to, not an employee of USAC and that USAC will not withhold or contribute to Social Security, workers compensation, federal or state income tax, unemployment compensation or other employee benefit programs on behalf of Contractor. Contractor is not entitled to receive any USAC employee benefits. Contractor shall not hold herself/himself out as an employee of USAC and Contractor has no authority to bind USAC except as expressly permitted hereunder. 2

6 7. Insurance. If any part of this Contract involves Contractor's performance at any place where USAC conducts operations, or with USAC material or equipment furnished to Contractor by USAC, Contractor shall take all necessary precautions to prevent injury to persons or property. Contractor shall maintain public liability, personal injury, comprehensive or commercial general liability, and property damage insurance, as well as employer's liability and worker s compensation insurance, and in amounts required by law or appropriate for the industry, whichever is greater, to protect USAC from, and compensate USAC for, said risks and from any statutory liabilities whatsoever arising therefrom. Contractor shall produce evidence of such insurance upon request by USAC. 8. Termination for Convenience. USAC may terminate this Contract for any reason or no reason upon one day prior written notice to the Contractor. In the event of such termination, Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this Contract, Contractor shall be paid a percentage of the Contract price reflecting the percentage of the required Deliverables accepted prior to the notice of termination, plus reasonable charges Contractor can demonstrate to the satisfaction of USAC using its standard record keeping system, have resulted from the termination. 9. Termination for Cause. If a party shall fails to cure within five business days of receiving written notice, the other party may terminate this Contract, or any part hereof (including any task order, or any part thereof), for cause in the event of any default by the defaulting party, or if the defaulting party fails to comply with any Contract terms and conditions, or if Contractor fails to provide USAC, upon request, with adequate assurances of future performance. In the event of termination for cause, USAC shall not be liable to Contractor for any amount for supplies or services not accepted. The defaulting party shall be liable to the non-defaulting party for any and all rights and remedies provided by law. If it is determined that USAC improperly terminated this Contract for cause, such termination shall be deemed a termination for convenience. 10. Stop Work. Upon receipt of notice of termination, Contractor shall immediately take the following actions as specified in the notice: (a) stop all work on the Contract; and (b) transfer and deliver to USAC all Data, Software, Confidential Information, USAC Information, Deliverables and works made for hire, whether partially and fully completed, and any other materials or items, including all interest in, and title, ownership and possession of the foregoing, produced in connection with, or acquired for, the work terminated. 11. Limitation of Damages. Notwithstanding any other provision of this Contract (or any other contract related hereto) to the contrary, in no event shall either Party be liable to the other or entitled to recover incidental, consequential, special, indirect, multiple, statutory, exemplary or punitive damages. All exclusions or limitations of damages contained in this Contract, including, without limitation, the provisions of this Section 11 shall survive its expiration or termination. 3

7 12. Confidential Information (a) Confidential Information. Confidential Information includes, but is not limited to, information, Data, material, or communications in any form or format, whether tangible or intangible, spoken or written (collectively referred to hereafter as "Information"), that contains, reflects, or is derived from or based upon, or is related to: (1) Personally Identifiable Information (PII), as defined by NIST Special Publication ; (2) Management, business, procurement or financial Information of USAC, the FCC or a USF stakeholder, including proprietary or commercial Information and trade secrets that have not previously been publicly disclosed; (3) Information concerning USAC s relationships with other vendors, the FCC, USF Stakeholders and financial institutions; (4) USAC Information received from the FCC, USAC or a USF Stakeholder in connection with Contractor s performance of this Contract; (5) Information marked to indicate disclosure limitations such as Confidential Information, proprietary," "privileged," "not for public disclosure," etc.; and (6) Information compiled, prepared or developed by Contractor in the performance of this Contract. (b) Non-Disclosure/Use/Irreparable Harm. It is anticipated that one of the parties ( Disclosing Party ) may disclose, or has disclosed, Confidential Information to the other party ( Recipient ). At all times during the term of the Contract and thereafter, the Recipient shall maintain the confidentiality of all Confidential Information and prevent its unauthorized disclosure, publication, dissemination, destruction, loss, or alteration. Recipient shall only use Confidential Information for a legitimate business purpose of USAC and in the performance of this Contract. Recipient acknowledges that the misappropriation, unauthorized use, or disclosure of Confidential Information would cause irreparable harm to the Disclosing Party and could cause irreparable harm to the integrity of the USF Programs. (c) Employee Access to Confidential Information. Recipient shall not disclose Confidential Information to partners, joint venturers, directors, employees, agents and subcontractors ( sub-recipient ) unless absolutely necessary for Recipient s or sub-recipients performance of this Contract, and if necessary, shall only disclose the Confidential Information necessary for sub-recipient s performance of its duties. As a pre-condition to access to Confidential Information, Recipient shall require sub- Recipients, including its employees and subcontractors, and the employees of any subcontractor, sign a non-disclosure or confidentiality agreement containing terms no less restrictive than those set forth herein. The Disclosing Party may enforce such agreements, if necessary, as a third-party beneficiary. Upon the termination or expiration of any relationship with a Sub-recipient (including termination of an employee), Recipient, and any subcontractor(s), shall remind their employees in writing of their continuing confidentiality obligations. (d) Contractor Enforcement of Confidentiality Agreement. Contractors must report, and describe in detail, any breach or suspected breach of the non-disclosure requirements set forth above to the USAC General Counsel immediately upon 4

8 becoming aware of the breach, including when and how the breach occurred, who was involved, and what has been done to recover the Information. (e) Exclusions. If requested to disclose Confidential Information by an authorized governmental or judicial body, Recipient must promptly notify the Disclosing Party of the request and to the extent that it may legally do so, Recipient must refrain from disclosure of the Confidential Information until the Disclosing Party has had sufficient time to take any action as it deems appropriate to protect the Confidential Information. Neither Contractor nor its subcontractors shall issue any public statement relating to or in any way disclosing any aspect of this Contract without the prior written consent of USAC. Notwithstanding anything herein to the contrary, USAC may, without notice to Contractor, provide this Contract, including Contractor s proposal information, and any information or Data delivered, prepared or developed by Contractor in the performance of the Contract to the FCC or other governmental or judicial body, and may publicly disclose basic information regarding this Contract, e.g., name of Contractor, price, basis for selection, description of services/deliverables and any provisions necessary for USAC to justify actions taken with respect to the Contract. 13. USAC Information and Property (a) USAC Information includes Data provided by USAC to Contractor for use in the performance of this Contract, or Data that is collected, developed or recorded by Contractor in the performance of the Contract, including without limitation, business and company personnel information, program procedures and program specific information, as well as Data that is created or derived from such Data. All reports, white papers, or any similar item that may be considered a work made for by hire by Contractor, or any Deliverable, including drafts, proofs or prototypes thereof, are also USAC Information. USAC Information is Confidential Information and subject to all requirements in section 12(b) above. (b) USAC Information is to be used solely for the performance of this Contract, and shall not be sold, assigned, leased, or otherwise transferred to any third party (except as required to perform the Services or as otherwise authorized in this Contract) or commingled with non-usac Information. Promptly upon the expiration or termination of this Contract, or such earlier time as USAC may direct, Contractor shall, at the direction of USAC, and at no additional cost to USAC, return or destroy all USAC Information, including all copies thereof, in the possession or under the control of Contractor. Contractor shall not withhold any USAC Information as a means of resolving any dispute. To the extent that there is a dispute between Contractor and USAC, Contractor may make a copy of such USAC Information as is necessary and relevant to resolution of the dispute. Any such copies shall promptly be destroyed upon resolution of the dispute. 14. Information Security. Contractor shall establish and maintain safeguards to protect the confidentiality, integrity, and restricted availability of USAC Confidential Information in its possession according to industry best practice standards. Contractor 5

9 shall ensure that its respective local area networks, servers, and personal computers are secure from unauthorized access from within or outside their respective organizations. 15. Inspection/Acceptance. Contractor shall only tender for acceptance Services and Deliverables that conform to the requirements of this Contract. USAC will, following Contractor s tender inspect or test the Deliverables or Services and: (i) accept the Services and Deliverables; or (ii) reject the Services and Deliverables and advise Contractor in writing the reasons for the rejection. If rejected, Contractor must repair, correct or replace nonconforming Deliverables or re-perform nonconforming Services at no increase in contract price. If repair, correction, replacement or re-performance will not cure the defects or is not possible, USAC may pursue any legal or contractual remedy, including terminating for default under section 9, above, and reducing the Contract price to deduct amounts for the defective work. 16. Proprietary Rights. Contractor agrees that all Data, Software, deliverables, reports or other materials (collectively Materials ) developed or conceived by Contractor and/or documented by Contractor in the performance of this Contract, as well as all modifications and improvements thereto and all other designs, discoveries and inventions, are USAC property and shall be deemed USAC Information pursuant to Section 13 above and works made-for-hire for USAC within the meaning of the copyright laws of the United States and accordingly, USAC shall be the sole and exclusive owner for all purposes for the use, distribution, exhibition, advertising and exploitation of such Materials or any part of them in any way and in all media and by all means throughout the universe in perpetuity. 17. Changes. The terms of this Contract shall not be modified other than in writing signed by the parties. USAC may modify the services as necessary to fulfill its requirements. 18. Malicious Software. Contractor represents and warrants that it shall use its best efforts to prevent the introduction into USAC s network, software or systems of any software ( USAC IT Systems ), a program routine, device, or other undisclosed feature that is designed to delete, disable, deactivate, interfere with or otherwise harm USAC s IT Systems or Data, or that is intended to provide unauthorized access or modifications ( Malicious Software ). Contractor agrees that if it introduces, or allows the introduction of Malicious Software into USAC s IT Systems intentionally, negligently or by failure to maintain available safeguards, Contractor must, at no additional cost to USAC, eliminate, or reduce to the greatest extent possible, the effects of the Malicious Software, including restoring Data, and, if the Malicious Software causes a loss of operational efficiency, loss of data or other damages, to mitigate and restore such losses, and to indemnify USAC for any damages. 19. Patent indemnity. Contractor shall indemnify, hold harmless and defend USAC and its directors, officers, employees and agents against any and all claims and liability, including attorney s fees and other costs, for actual or alleged direct or contributory 6

10 infringement of, or inducement to infringe, or misappropriation of, any patent, trademark or copyright, arising out of or related to Contractor s performance of this Contract. 20. Choice of Law/Consent to Jurisdiction. This Contract shall be governed by and construed in accordance with the laws of the District of Columbia (the term laws is to be construed as broadly as possible to include case law, statutes, regulations, orders, etc.) without regard to any otherwise applicable principle of conflicts of laws. Contractor agrees that all actions or proceedings arising in connection with this Contract shall be litigated exclusively in the State and, if applicable, Federal courts located in the District of Columbia ( Courts ). This choice of venue is intended to be mandatory and the parties waives any right to assert forum non conveniens or similar objection to venue. The parties consent to in personam jurisdiction in the Courts. Contractor must submit all claims or other disputes to the Contracting Officer for informal resolution prior to initiating any action in the Courts and must work with USAC in good faith to resolve any disputed issues. A dispute over payment or performance, whether informal or in the Courts, shall not relieve Contractor of its obligation to continue performance of the Contract and Contractor shall proceed diligently with performance during any dispute over performance or payment. 21. Rights In the Event of Bankruptcy. All licenses or other rights granted under or pursuant to this Contract are, and shall otherwise be deemed to be, for purposes of Section 365(n) of the United States Bankruptcy Code, or any replacement provision therefore (the "Code"), licenses to rights to "intellectual property" as defined in the Code. The Parties agree that USAC, as licensee of such rights under this Contractor, shall retain and may fully exercise all of its rights and elections under the Code. The Parties further agree that, in the event of the commencement of bankruptcy proceedings by or against Contractor under the Code that USAC shall be entitled to retain all of its rights under this Contract and shall not, as a result of such proceedings, forfeit its rights to any license, Software, Data or works made for hire. 22. Notices. All notices, consent, approval or other communications required or authorized by this Contract shall be given in writing and shall be: (i) personally delivered, (ii) mailed by registered or certified mail (return receipt requested) postage prepaid, (iii) sent by overnight delivery service (with a receipt for delivery), or (iv) sent by electronic mail with a confirmation of receipt returned by recipient s electronic mail server to such party at the following address. 23. Severability. The invalidity or unenforceability of any provisions of this Contract shall not affect the validity or enforceability of any other provision of this Contract, which shall remain in full force and effect. 24. Waiver. The waiver by either party hereto of a breach of any provision of this Contract shall not operate or be construed as a waiver of any subsequent breach by either party. 25. Entire Agreement/Binding Effect. This Contract, including Attachments 1, 2 and 3, constitutes the entire agreement between the parties with respect to the subject 7

11 matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of this agreement will be effective only if in writing and signed by the party granting the waiver. This Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assignees. 26. Survival. All provisions that logical should survive the expiration or termination of this Contract shall remain in full force and effect, including Sections 5, 11, 12, 13, 18, 19, 20, 21, 23, 24, 25 and Counterparts/Transmission/Authority. This Contract may be executed by either of the parties hereto on any number of separate counterparts and counterparts taken together shall be deemed to constitute one and the same instrument. A signature sent via facsimile or PDF shall be as effective as if it was an original signature. Each person signing represents and warrants that they are duly authorized to sign this Contract on behalf of their respective party and that their signature binds their party to all provisions hereof. 8

12 ATTACHMENT 3 Offeror Representations and Certifications Offeror shall complete the representations and certifications set forth below and return with its proposal. (a) Certification Regarding Responsibility Matters. The Offeror certifies, to the best of its knowledge and belief, that the Offeror and/or any of its principals, and any proposed subcontractors: (1) Are, are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; (2) 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 Federal, state or local government 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; (3) Are, are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (a)(2) of this clause; and (4) Have, have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. i. Taxes are considered delinquent if both of the following criteria apply: (A) 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. (B) 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. ii. Examples.

13 (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. 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. (B) 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 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 liability. 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. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the (b) Taxpayer Identification Number (TIN). (Not applicable if the Offeror is required to provide this information to the SAM database to be eligible for award.) (1) All Offerors must submit the information required in paragraphs (b)(2) through (b)(4) of this provision. (2) Taxpayer Identification Number (TIN). TIN:. TIN has been applied for. TIN is not required because: Offeror is a nonresident alien, foreign corporation, or foreign partnership that does not have income effectively connected with the conduct of a trade or business in the United States and does not have an office or place of business or a fiscal paying agent in the United States; Offeror is an agency or instrumentality of a foreign government; Offeror is an agency or instrumentality of the Federal Government. (3) Type of organization. Sole proprietorship; Partnership; Corporate entity (not tax-exempt); Corporate entity (tax-exempt);

14 Government entity (Federal, State, or local); Foreign government; International organization per 26 CFR ; Other. (4) Common parent. Offeror is not owned or controlled by a common parent; Name of common parent:. (c) Prohibition Against Obtaining Source Selection Information or Contractor Bid or Proposal Information (1) Definitions. As used in this provision: Contractor bid or proposal information means any of the following information submitted to USAC as part of or in connection with a bid or proposal to enter into a USAC procurement contract, if that information has not been previously made available to the public or disclosed publicly: (A) Cost or pricing data (as defined in FAR 2.101). (B) Indirect costs and direct labor rates. (C) Proprietary information about manufacturing processes, operations, or techniques marked by the contractor in accordance with applicable law or regulation. (D) Information marked by the contractor as contractor bid or proposal information in accordance with applicable law or regulation. (E) Information marked by the contractor as confidential, provided such information meets the definition of Confidential Information in Attachment 3, section 26(a). Source selection information means any of the following information that is prepared for use by USAC for the purpose of evaluating a bid or proposal to enter into a USAC procurement contract, if that information has not been previously made available to the public or disclosed publicly: (A) Bid prices submitted in response to a USAC invitation for bids, or lists of those bid prices before bid opening. (B) Proposed costs or prices submitted in response to a USAC solicitation, or lists of those proposed costs or prices. (C) Source selection plans.

15 (D) Technical evaluation plans. (E) Technical evaluations of proposals. (F) Cost or price evaluations of proposals. (G) Competitive range determinations. (H) Rankings of bids, proposals, or competitors. (I) Reports and evaluations of source selection panels, boards, or advisory councils. (J) Other information marked as Source Selection Information (2) Representation. The Offeror represents, by submission of this offer, that it has not knowingly obtained, and will not knowingly obtain, contractor bid or proposal information or source selection information before the award of a USAC procurement to which the information relates. (d) Prohibition Against Contractor Gratuities to USAC Personnel The Offeror represents, by submission of this offer that it has not: i. Offered or given a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of USAC; and ii. Intended, by the gratuity, to obtain a contract or favorable treatment under a contract. (e) Payments to Influence USAC Transactions By submission of its offer, the Offeror certifies to the best of its knowledge and belief that no Federal appropriated funds (including USF funds) have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of USAC or the Federal Communications Commission, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connection with the award of any resultant contract. (f) Certificate of Independent Price Determination By submitting its proposal, the Offeror certifies in connection with this solicitation: i. The prices proposed have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to the prices with any other Offeror or with any competitor;

16 ii. iii. Unless otherwise required by law, the prices proposed have not been and will not be knowingly disclosed by the Offeror before award of a contract, directly or indirectly to any other Offeror or to any competitor; and No attempt has been made or will be made by the Offeror to induce any other person or firm to submit or not submit a proposal for the purpose of restricting competition. (g) Anti-Kickback Certification The Offeror by signing this proposal hereby certifies that Offeror has not: solicited, accepted, or attempted to accept any kickback from any subcontractor(s) included in its proposal; or included, directly or indirectly, the amount of any kickback in any prices stated in its pricing proposal. For purposes of this representation, kickback means any money, fee, commission, credit, gift, gratuity, thing of value, or compensation of any kind which is provided, directly or indirectly, to Offeror, or any Offeror employee, subcontractor, or subcontractor employee, for the purpose of improperly obtaining or rewarding favorable treatment in connection with a contract awarded by USAC or in connection with a Subcontract relating to a contract awarded by USAC.