Amendment 3 Attachment 1 - Incorporated Provisions.docx
DOCX document 18 KB Posted
- Attached to
- Y1NA--CON | NRM 653-23-100 | Remove Replace Underground Fuel Tanks Federal contract opportunity
- Solicitation number
- 36C26026R0076
About this file
This is an amendment attachment containing incorporated federal acquisition regulation (FAR) provisions for a Department of Veterans Affairs solicitation.
The document incorporates two key certification and representation provisions. FAR 52.209-7 requires offerors with current active federal contracts and grants totaling over $10 million to maintain current, accurate, and complete information in the Federal Awardee Performance and Integrity Information System (FAPIIS) regarding any proceedings resulting in criminal convictions, civil findings of fault with monetary penalties of $5,000 or more, or administrative findings with penalties of $5,000 or more or damages exceeding $100,000 within the past five years. FAR 52.209-13 requires offerors to certify compliance with arms control treaties and agreements, certifying that neither the offeror nor any entity it owns or controls has engaged in activities that contributed to or were a significant factor in any foreign country's violation of arms control, nonproliferation, or disarmament agreements to which the United States is a party. Offerors must either submit the required certification or provide documentation of a presidential waiver or determination that an entity has ceased relevant activities. The file does not specify products, services, response dates, or pricing terms, as it is solely a provision attachment incorporated by reference into the larger solicitation for underground fuel tank removal and replacement services.
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52.209-7 Information Regarding Responsibility Matters. (Deviated 17 OCT 2025)
(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) 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. |
(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)
52.209-13 Violation of Arms Control Treaties or Agreements-Certification. (Deviated 17 Oct 1995)
(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to acquisitions of commercial products and commercial services as defined in Federal Acquisition Regulation 2.101.
(b) Certification. [Offeror shall check either (1) or (2).]
| __ (1) The Offeror certifies that– |
| (i) It does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available athttps://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; and |
| (ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/; or |
| __ (2) The Offeror is providing separate information with its offer in accordance with paragraph (d)(2) of this provision. |
(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision). For clarity, references to the report in this section refer to the entirety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.
| (1) Check the table of contents of the annual unclassified report and the country section headings of the reports incorporated by reference to identify the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any activity related to one or more of such foreign countries. | |
| (2) If such activity might have occurred, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. For clarity, in the annual report an explicit certification of non-compliance is equivalent to a determination of violation. However, the following statements in the annual report are not equivalent to a determination of violation: | |
| (i) An inability to certify compliance. | |
| (ii) An inability to conclude compliance. | |
| (iii) A statement about compliance concerns. | |
| (3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any activity that contributed to or is a significant factor in the determination in the report that one or more of these foreign countries is in violation of its obligations undertaken in an arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. Review the narrative for any such findings reflecting a determination of violation or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns. | |
| (4) The Offeror may submit any questions with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days. |
(d) Do not submit an offer unless—
| (1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or | |
| (2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer information that the President of the United States has | |
| (i) Waived application under 22 U.S.C. 2593e(d) or (e); or | |
| (ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which measures were imposed under 22 U.S.C. 2593e(b). |
(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the Offeror knowingly submitted a false certification, in addition to other remedies available to the Government, such as suspension or debarment, the Contracting Officer may terminate any contract resulting from the false certification.
(End of provision)
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