26QE014_Encl1_52.209-7.pdf

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Attached to
Guam Device and Wireless Services
Solicitation number
HE125426QE014
Issued by

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This document is Federal Acquisition Regulation (FAR) Clause 52.209-7, Information Regarding Responsibility Matters, issued in October 2018. It is a standard representation and certification template used in federal contract solicitations to assess contractor responsibility and integrity.

The clause requires offerors with current active federal contracts and grants exceeding $10,000,000 in total value to certify that information entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the offer submission date. Offerors must disclose whether they or their principals have been subject to proceedings within the past five years that resulted in: (1) criminal conviction; (2) civil findings of fault and liability resulting in monetary payment of $5,000 or more; (3) administrative findings of fault and liability resulting in monetary fines or penalties of $5,000 or more, or reimbursement, restitution, or damages exceeding $100,000; or (4) disposition by consent or compromise with acknowledgment of fault in any proceeding that could have led to these outcomes. Offerors must confirm they have provided requested information regarding each occurrence. The clause defines "principal" as officers, directors, owners, partners, or persons with primary management or supervisory responsibilities. All required information must be posted in FAPIIS through an active registration in the System for Award Management (SAM) at https://www.sam.gov.

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Contractors Name:

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018)

(a) Definitions. As used in this provision-- Administrative proceeding means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables.

Federal contracts and grants with total value greater than $10,000,000 means--

(1) The total value of all current, active contracts and grants, including all priced options; and

(2) The total value of all current, active orders including all priced options under indefinite-delivery, indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-award Schedules).

Principal means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment; and similar positions).

(b) Select one:

The offeror:

( ) has

( ) does not have current active Federal contracts and grants with total value greater than $10,000,000.

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission of this offer, that the information it has entered in the Federal Awardee Performance and Integrity Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this offer with regard to the following information:

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in connection with the award to or performance by the offeror of a Federal contract or grant, been the subject of a proceeding, at the Federal or State level that resulted in any of the following dispositions:

(i) In a criminal proceeding, a conviction.

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more.

(iii) In an administrative proceeding, a finding of fault and liability that results in--

(A) The payment of a monetary fine or penalty of $5,000 or more; or

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000.

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or compromise with an acknowledgment of fault by the Contractor if the proceeding could have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of this provision.

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of this provision, whether the offeror has provided the requested information with regard to each occurrence.

HE125426QE014

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the System for Award Management, which can be accessed via https://www.sam.gov (see 52.204-7).

(End of provision)

Enclosure 1 to Attachment 5 - Offeror Reps and Certs

CONTROLLED UNCLASSIFIED INFORMATION (CUI)

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.104

CONTROLLED UNCLASSIFIED INFORMATION (CUI)

SOURCE SELECTION INFORMATION - SEE FAR 2.101 AND 3.104

DoWEA Procurement Field Support Branch Enclosure 1: 52.209-7 – Information Regarding Responsibility Matters https://www.sam.gov/

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