26QE090_Encl1_52.209-7.pdf

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DoWEA Pacific South District Warehouse Support Services
Solicitation number
HE125426QE090
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This document is a federal contract provision template (FAR 52.209-7) requiring contractor representations regarding responsibility matters and past performance issues.

The provision applies to vendors with current active Federal contracts and grants valued above $10,000,000 and mandates disclosure of any proceedings at the Federal or State level occurring within the past five years related to Federal contract or grant performance. Vendors must disclose criminal convictions; civil findings of fault and liability resulting in monetary payments of $5,000 or more; administrative proceedings resulting in fines or penalties of $5,000 or more or reimbursement/restitution/damages exceeding $100,000; and any settlements by consent or compromise with acknowledged fault. Vendors are required to maintain current, accurate, and complete information in the Federal Awardee Performance and Integrity Information System (FAPIIS) and keep active registration in the System for Award Management (SAM) at https://www.sam.gov. The provision defines key terms including "administrative proceeding," "Federal contracts and grants with total value greater than $10,000,000," and "Principal" (officers, directors, owners, partners, or persons with primary management or supervisory responsibilities). This is a standard template document issued by the DoWEA Procurement Field Support Branch and does not address specific products, services, response dates, or contract award information.

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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 vendor:

( ) has

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

(c) If the vendor checked “has” in paragraph (b) of this provision, the vendor 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 quote with regard to the following information:

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

HE125426QE090

(d) The vendor 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 6 - 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/ Ronnie.Swailes Cross-Out

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