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  • Question

    Are we able to make an award to this company even though they have "federal debt"? They have indicated that their payments have been timely, and are able to support the requirements of this project (Installing HVAC - Construction).


    Answer

    Class Deviation 2012-O0004 prohibits contracting with corporations that have an unpaid tax liability that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability. Where a company has a Federal debt and is making timely payments pursuant to an agreement with the authority responsible for collecting the tax liability, e.g., the IRS as in this case, the government is not prohibited from contracting with the contractor on this basis. Accordingly, this Class Deviation does not prohibit you from making award to this company.
    Prior to proceeding, you should seek advice from your legal counsel regarding this matter.


    As usual, please check with your legal officel as DAU is not a substitute for yourr legal counsel.

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