FA2517-15-R-7001.docx

FA2517-15-R-7001

Section B - Supplies or Services and Prices

PHASE IN / PHASE OUT

FFP

Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Network Operations and Maintenance (O&M) Performance Work Statement pargraph 5.8.1. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2016 - 27 November 2021.

FOB: Destination

NET AMT

O&M SERVICE OPERATIONS AND STABILITY

TASK 1: SERVICE OPERATIONS AND STABILITY: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Network Operations and Maintenance (O&M) Performance Work Statement paragraph 2.1. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2016 - 27 November 2021.

NET AMT

O&M SERVICE TRANSITION AND SUPPORT

TASK 2: SERVICE TRANSITION AND SUPPORT: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Network Operations and Maintenance (O&M) Performance Work Statement paragraph 2.2. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2016 - 27 November 2021.

NET AMT

O&M SERVICE OPTIMIZATION

TASK 3: SERVICE OPTIMIZATION: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Network Operations and Maintenance (O&M) Performance Work Statement dated paragraph 2.3. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2016 - 27 November 2021.

NET AMT

O&M CONTINUOUS SERVICE IMPROVEMENT

TASK 4: CONTINUOUS SERVICE IMPROVEMENT: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Network Operations and Maintenance (O&M) Performance Work Statement paragraph 2.4. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2016 - 27 November 2021.

NET AMT

Days

O&M CONTINGENCY CLIN

COST

CONTINGENCY AND EXERCISES: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Performance Work Statement paragraph 5.9.3. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2016 - 27 November 2021.

ESTIMATED COST

N2ITSM PROJECTS

Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Performance Work Statement. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2016 - 27 November 2021.

NET AMT

MEXICO SERVICE OPERATIONS

TASK 1: SERVICE OPERATIONS AND STABILITY: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Office of Defense Coordination (ODC) Mexico Performance Work Statement dated paragraph 2.1. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2016 - 27 November 2021.

NET AMT

MEXICO DESIGN & TRANSITION

TASK 2: SERVICE TRANSITION AND SUPPORTLabor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Office of Defense Coordination (ODC) Mexico Performance Work Statement paragraph 2.2. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2016 - 27 November 2021.

NET AMT

Each

TRAVEL

Travel Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Performance Work Statement paragraph 5.7.2. Performance requirements and price will be determined for each individual task order. (1) Travel arrangements shall be in accordance with the Joint Travel Regulations (JTR), Volume II and approved prior to travel by the Contracting Officer's Representative (COR); (2) Trips must be in direct support of N2ITSM efforts; (3) Travel shall not exceed the obligated amount as specified in this contract. Travel will not include profit. The ordering period is 28 November 2016 - 27 November 2021.

ESTIMATED COST

Each

OTHER DIRECT COST (ODC)

ODC Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Performance Work Statement paragraph 5.7. Performance requirements and price will be determined for each individual task order. ODC will not include Profit, Overhead, or Handling fee (unless approved by DCAA/DCMA). The ordering period is 28 November 2016 - 27 November 2021.

ESTIMATED COST

FFP

Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Network Operations and Maintenance (O&M) Performance Work Statement pargraph 5.8.1. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2021 - 27 May 2022.

NET AMT

FFP

TASK 1: SERVICE OPERATIONS AND STABILITY: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Network Operations and Maintenance (O&M) Performance Work Statement dated paragraph 2.1. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2021 - 27 May 2022.

NET AMT

FFP

TASK 2: SERVICE TRANSITION AND SUPPORT: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Network Operations and Maintenance (O&M) Performance Work Statement dated paragraph 2.2. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2021 - 27 May 2022.

NET AMT

FFP

TASK 3: SERVICE OPTIMIZATION: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Network Operations and Maintenance (O&M) Performance Work Statement dated paragraph 2.3. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2021 - 27 May 2022.

NET AMT

FFP

TASK 4: CONTINUOUS SERVICE IMPROVEMENT: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Network Operations and Maintenance (O&M) Performance Work Statement dated paragraph 2.4. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2021 - 27 May 2022.

NET AMT

Days

COST

CONTINGENCY AND EXERCISES: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Performance Work Statement paragraph 5.9.3 Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2021 - 27 May 2022.

ESTIMATED COST

FFP

Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Performance Work Statement. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2021 - 27 May 2022.

NET AMT

FFP

TASK 1: SERVICE OPERATIONS AND STABILITY: Labor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Office of Defense Coordination (ODC) Mexico Performance Work Statement paragraph 2.1. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2021 - 27 May 2022.

NET AMT

FFP

TASK 2: SERVICE TRANSITION AND SUPPORTLabor Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Office of Defense Coordination (ODC) Mexico Performance Work Statement paragraph 2.2. Performance requirements and price will be determined for each individual task order. The ordering period is 28 November 2021 - 27 May 2022.

NET AMT

Each

COST

Travel Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Performance Work Statement paragraph 5.7.2. Performance requirements and price will be determined for each individual task order. (1) Travel arrangements shall be in accordance with the Joint Travel Regulations (JTR), Volume II and approved prior to travel by the Contracting Officer's Representative (COR); (2) Trips must be in direct support of N2ITSM efforts; (3) Travel shall not exceed the obligated amount as specified in this contract. Travel will not include profit. The ordering period is 28 November 2021 - 27 May 2022.

ESTIMATED COST

Each

COST

ODC Support for for North American Aerospace Defense Command - United States Northern Command Information Technology Service Management (N2ITSM) in accordance with the Performance Work Statement paragraph 5.7. Performance requirements and price will be determined for each individual task order. ODC will not include Profit, Overhead, or Handling fee (unless approved by DCAA/DCMA). The ordering period is 28 November 2021 - 27 May 2022.

ESTIMATED COST

CONTRACT MINIMUM/MAXIMUM QUANTITY AND CONTRACT VALUE

The minimum quantity and contract value for all orders issued against this contract shall not be less than the minimum quantity and contract value stated in the following table. The maximum quantity and contract value for all orders issued against this contract shall not exceed the maximum quantity and contract value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$3,500.00

$99,000,000.00

DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND ORDER VALUE

The minimum quantity and order value for each Delivery/Task Order issued shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for each Delivery/Task Order issued shall not exceed the maximum quantity and order value stated in the following table.

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

$3,500.00

$75,000,000.00

CLIN MINIMUM/MAXIMUM QUANTITY AND CLIN VALUE

The minimum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not be less than the minimum quantity(s) and CLIN value(s) stated in the following table. The maximum quantity(s) and CLIN value(s) for all orders issued against the CLIN(s) on this contract shall not exceed the maximum quantity(s) and CLIN value(s) stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

AMOUNT

$75,000,000.00

$75,000,000.00

$75,000,000.00

$75,000,000.00

$75,000,000.00

$75,000,000.00

$75,000,000.00

$75,000,000.00

CLIN DELIVERY/TASK ORDER MINIMUM/MAXIMUM QUANTITY AND CLIN ORDER VALUE

The minimum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not be less than the minimum quantity and order value stated in the following table. The maximum quantity and order value for the given Delivery/Task Order issued for this CLIN shall not exceed the maximum quantity and order value stated in the following table.

CLIN

MINIMUM

QUANTITY

MINIMUM

AMOUNT

MAXIMUM

QUANTITY

MAXIMUM

COST CLINS

The clauses listed below are only applicable to the following COST CLINs 0006, 0010, 0011, 1006, 1010, and 1011.

FAR 52.215-22; 52.215-23; 52.216-11; 52.242-1; 52.242-15 Alt 1; 52.243-2 Alt 1; & 52.249-6; 52

Section E - Inspection and Acceptance

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

CLAUSES INCORPORATED BY FULL TEXT

52.246-4 INSPECTION OF SERVICES--FIXED-PRICE (AUG 1996)

(a) Definitions. "Services," as used in this clause, includes services performed, workmanship, and material furnished or utilized in the performance of services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all times and places during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If the Government performs inspections or tests on the premises of the Contractor or a subcontractor, the Contractor shall furnish, and shall require subcontractors to furnish, at no increase in contract price, all reasonable facilities and assistance for the safe and convenient performance of these duties.

(e) If any of the services do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, at no increase in contract amount. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce the contract price to reflect the reduced value of the services performed.

(f) If the Contractor fails to promptly perform the services again or to take the necessary action to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and charge to the Contractor any cost incurred by the Government that is directly related to the performance of such service or (2) terminate the contract for default.

(End of clause)

52.246-5 INSPECTION OF SERVICES--COST-REIMBURSEMENT (APR 1984)

(a) Definition. "Services," as used in this clause, includes services performed, workmanship, and material furnished or used in performing services.

(b) The Contractor shall provide and maintain an inspection system acceptable to the Government covering the services under this contract. Complete records of all inspection work performed by the Contractor shall be maintained and made available to the Government during contract performance and for as long afterwards as the contract requires.

(c) The Government has the right to inspect and test all services called for by the contract, to the extent practicable at all places and times during the term of the contract. The Government shall perform inspections and tests in a manner that will not unduly delay the work.

(d) If any of the services performed do not conform with contract requirements, the Government may require the Contractor to perform the services again in conformity with contract requirements, for no additional fee. When the defects in services cannot be corrected by reperformance, the Government may (1) require the Contractor to take necessary action to ensure that future performance conforms to contract requirements and (2) reduce any fee payable under the contract to reflect the reduced value of the services performed.

(e) If the Contractor fails to promptly perform the services again or take the action necessary to ensure future performance in conformity with contract requirements, the Government may (1) by contract or otherwise, perform the services and reduce any fee payable by an amount that is equitable under the circumstances or (2) terminate the contract for default.

Section F - Deliveries or Performance

DELIVERY INFORMATION

27-NOV-2021

BABETTE C. WHORLEY

250 VANDENBERG STREET

SUITE B016

PETERSON AFB CO 80914-3814

719-554-8009

F3LNHC

27-NOV-2021

F3LNHC

27-NOV-2021

F3LNHC

27-NOV-2021

F3LNHC

27-NOV-2021

F3LNHC

27-NOV-2021

F3LNHC

27-NOV-2021

F3LNHC

27-NOV-2021

F3LNHC

27-NOV-2021

F3LNHC

27-NOV-2021

F3LNHC

27-NOV-2021

F3LNHC

27-MAY-2022

F3LNHC

27-MAY-2022

F3LNHC

27-MAY-2022

F3LNHC

27-MAY-2022

F3LNHC

27-MAY-2022

F3LNHC

27-MAY-2022

F3LNHC

27-MAY-2022

F3LNHC

27-MAY-2022

F3LNHC

27-MAY-2022

F3LNHC

27-MAY-2022

F3LNHC

27-MAY-2022

F3LNHC

CLAUSES INCORPORATED BY REFERENCE

Section G - Contract Administration Data

252.232-7006 WIDE AREA WORKFLOW PAYMENT INSTRUCTIONS (MAY 2013)

(a) Definitions. As used in this clause--

Department of Defense Activity Address Code (DoDAAC) is a six position code that uniquely identifies a unit, activity, or organization.

Document type means the type of payment request or receiving report available for creation in Wide Area WorkFlow (WAWF).

Local processing office (LPO) is the office responsible for payment certification when payment certification is done external to the entitlement system.

(b) Electronic invoicing. The WAWF system is the method to electronically process vendor payment requests and receiving reports, as authorized by DFARS 252.232-7003, Electronic Submission of Payment Requests and Receiving Reports.

(c) WAWF access. To access WAWF, the Contractor shall--

(1) Have a designated electronic business point of contact in the System for Award Management at https://www.acquisition.gov; and

(2) Be registered to use WAWF at https://wawf.eb.mil/ following the step-by-step procedures for self-registration available at this Web site.

(d) WAWF training. The Contractor should follow the training instructions of the WAWF Web-Based Training Course and use the Practice Training Site before submitting payment requests through WAWF. Both can be accessed by selecting the “Web Based Training” link on the WAWF home page at https://wawf.eb.mil/.

(e) WAWF methods of document submission. Document submissions may be via Web entry, Electronic Data Interchange, or File Transfer Protocol.

(f) WAWF payment instructions. The Contractor must use the following information when submitting payment requests and receiving reports in WAWF for this contract/order:

(1) Document type. The Contractor shall use the following document type(s).

2-in-1 (Services Only)

(Contracting Officer: Insert applicable document type(s). Note: If a “Combo” document type is identified but not supportable by the Contractor's business systems, an “Invoice” (stand-alone) and “Receiving Report” (stand-alone) document type may be used instead.)

(2) Inspection/acceptance location. The Contractor shall select the following inspection/acceptance location(s) in WAWF, as specified by the contracting officer.

F3LNHC

(Contracting Officer: Insert inspection and acceptance locations or “Not applicable”.)

(3) Document routing. The Contractor shall use the information in the Routing Data Table below only to fill in applicable fields in WAWF when creating payment requests and receiving reports in the system.

Routing Data Table* Field Name in WAWF Data to be entered in WAWF

(*Contracting Officer: Insert applicable DoDAAC information or “See schedule” if multiple ship to/acceptance locations apply, or “Not applicable.”)

(4) Payment request and supporting documentation. The Contractor shall ensure a payment request includes appropriate contract line item and subline item descriptions of the work performed or supplies delivered, unit price/cost per unit, fee (if applicable), and all relevant back-up documentation, as defined in DFARS Appendix F, (e.g. timesheets) in support of each payment request.

(5) WAWF email notifications. The Contractor shall enter the email address identified below in the “Send Additional Email Notifications” field of WAWF once a document is submitted in the system.

stephana.sherwood@us.af.mil babette.whorley@us.af.mil

(Contracting Officer: Insert applicable email addresses or “Not applicable.”)

(g) WAWF point of contact. (1) The Contractor may obtain clarification regarding invoicing in WAWF from the following contracting activity's WAWF point of contact.

Ogden Help Desk disa.ogden.esd.mbx.cscassig@mail.mil

801-605-7095 OR 866-618-5988

(Contracting Officer: Insert applicable information or “Not applicable.”)

(2) For technical WAWF help, contact the WAWF helpdesk at 866-618-5988.

Section H - Special Contract Requirements

H.1 LIMITATIONS ON SUBCONTRACTING

To assist the CO in determining compliance with FAR 52.219-14, Limitations on Subcontracting, the contractor shall submit documentation supporting the following as of (to be completed by the Government at contract award) each year: (a) the cumulative cost of contract performance incurred for all personnel as of the closeout date, (b) the cumulative cost of contract performance incurred for personnel of the prime contractor (or small business joint venture) as of the closeout date, and (c) a narrative explaining how the contractor intends to meet the clause requirements over the life of the contract if the contractor is not meeting the limitations by the end of the first year of contact performance. Submissions are due to the CO not later than 30 calendar days after the closeout date. The closeout date for the first submission is (to be completed by the Government at contract award). Failure to perform 50 percent of the work may result in contract termination for material failure to meet contract terms and conditions.

H.2 CHANGES/ADDITIONS TO SUBCONTRACTORS

Following contract award, awardees shall notify the Contracting Officer of any changes/additions to team members or first tier subcontractors. Contractors shall submit proposed additions with the name, address and DUNS number and allow sufficient time for the Contracting Officer to review the Excluded Parties List and information contained in the System for Award Management (SAM) and the Federal Awardee Performance and Integrity Information System (FAPIIS).

H.3 INTERNATIONAL TRAFFIC IN ARMS REGULATIONS (ITARs) REGISTRATION

When ITARs registration is applicable for TO work as it applies to release of information, the contractor shall submit the registration or evidence that an application is pending with the State Department with TO proposals for any subcontractors proposed to do TO work.

H.4 REMEDIES FOR BREACH BY THE GOVERNMENT

Contractor’s sole and exclusive remedy for breach by the Government shall be termination for convenience damages, TO proposal preparation costs, TO award/and or reinstatement, if deemed feasible by the Government, in its sole discretion. In no event shall the Government be liable to the Contractor for expectancy damages, including but not limited to lost profits, or consequential damages resulting from breach of this contract.

Section I - Contract Clauses

CLAUSES INCORPORATED BY REFERENCE

52.202-1 DEFINITIONS (NOV 2013)

When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless--

(a) The solicitation, or amended solicitation, provides a different definition;

(b) The contracting parties agree to a different definition;

(c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or

(d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures.

52.203-3 GRATUITIES (APR 1984)

(a) The right of the Contractor to proceed may be terminated by written notice if, after notice and hearing, the agency head or a designee determines that the Contractor, its agent, or another representative--

(1) Offered or gave a gratuity (e.g., an entertainment or gift) to an officer, official, or employee of the Government; and

(2) Intended, by the gratuity, to obtain a contract or favorable treatment under a contract.

(b) The facts supporting this determination may be reviewed by any court having lawful jurisdiction.

(c) If this contract is terminated under paragraph (a) of this clause, the Government is entitled--

(1) To pursue the same remedies as in a breach of the contract; and

(2) In addition to any other damages provided by law, to exemplary damages of not less than 3 nor more than 10 times the cost incurred by the Contractor in giving gratuities to the person concerned, as determined by the agency head or a designee. (This subparagraph (c)(2) is applicable only if this contract uses money appropriated to the Department of Defense.)

(d) The rights and remedies of the Government provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or under this contract.

52.203-14 DISPLAY OF HOTLINE POSTER(S) (OCT 2015)

(a) Definition.

United States, as used in this clause, means the 50 States, the District of Columbia, and outlying areas.

(b) Display of fraud hotline poster(s). Except as provided in paragraph (c)--

(1) During contract performance in the United States, the Contractor shall prominently display in common work areas within business segments performing work under this contract and at contract work sites--

(i) Any agency fraud hotline poster or Department of Homeland Security (DHS) fraud hotline poster identified in paragraph (b)(3) of this clause; and

(ii) Any DHS fraud hotline poster subsequently identified by the Contracting Officer.

(2) Additionally, if the Contractor maintains a company website as a method of providing information to employees, the Contractor shall display an electronic version of the poster(s) at the website.

(3) Any required posters may be obtained as follows:

Poster(s) Obtain from http://www.dodig.mil/hotline/posters.cfm

(i) Appropriate agency name(s) and/or title of applicable Department of Homeland Security fraud hotline poster); and

(ii) The website(s) or other contact information for obtaining the poster(s).)

(c) If the Contractor has implemented a business ethics and conduct awareness program, including a reporting mechanism, such as a hotline poster, then the Contractor need not display any agency fraud hotline posters as required in paragraph (b) of this clause, other than any required DHS posters.

(d) Subcontracts. The Contractor shall include the substance of this clause, including this paragraph (d), in all subcontracts that exceed $5.5 million , except when the subcontract--

(1) Is for the acquisition of a commercial item; or

(2) Is performed entirely outside the United States.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(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 database via https://www.acquisition.gov (see 52.204-7).

(End of provision)

52.209-9 UPDATES OF PUBLICLY AVAILABLE INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

(a) The Contractor shall update the information in the Federal Awardee Performance and Integrity Information System (FAPIIS) on a semi-annual basis, throughout the life of the contract, by posting the required information in the System for Award Management database via https://www.acquisition.gov.

(b) As required by section 3010 of the Supplemental Appropriations Act, 2010 (Pub. L. 111-212), all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available. FAPIIS consists of two segments--

(1) The non-public segment, into which Government officials and the Contractor post information, which can only be viewed by--

(i) Government personnel and authorized users performing business on behalf of the Government; or

(ii) The Contractor, when viewing data on itself; and

(2) The publicly-available segment, to which all data in the non-public segment of FAPIIS is automatically transferred after a waiting period of 14 calendar days, except for--

(i) Past performance reviews required by subpart 42.15;

(ii) Information that was entered prior to April 15, 2011; or

(iii) Information that is withdrawn during the 14-calendar-day waiting period by the Government official who posted it in accordance with paragraph (c)(1) of this clause.

(c) The Contractor will receive notification when the Government posts new information to the Contractor's record.

(1) If the Contractor asserts in writing within 7 calendar days, to the Government official who posted the information, that some of the information posted to the non-public segment of FAPIIS is covered by a disclosure exemption under the Freedom of Information Act, the Government official who posted the information must within 7 calendar days remove the posting from FAPIIS and resolve the issue in accordance with agency Freedom of Information procedures, prior to reposting the releasable information. The contractor must cite 52.209-9 and request removal within 7 calendar days of the posting to FAPIIS.

(2) The Contractor will also have an opportunity to post comments regarding information that has been posted by the Government. The comments will be retained as long as the associated information is retained, i.e., for a total period of 6 years. Contractor comments will remain a part of the record unless the Contractor revises them.

(3) As required by section 3010 of Pub. L. 111-212, all information posted in FAPIIS on or after April 15, 2011, except past performance reviews, will be publicly available.

(d) Public requests for system information posted prior to April 15, 2011, will be handled under Freedom of Information Act procedures, including, where appropriate, procedures promulgated under E.O. 12600.

52.209-11 REPRESENTATION BY CORPORATIONS REGARDING DELINQUENT TAX LIABILITY OR A

FELONY CONVICTION UNDER ANY FEDERAL LAW (FEB 2016)

(a) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, the Government will not enter into a contract with any corporation that--

(1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or

(2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government.

(b) The Offeror represents that--

(1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and

(2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

52.209-12 CERTIFICATION REGARDING TAX MATTERS (FEB 2016)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $5,000,000 (including options), the Offeror shall certify that, to the best of its knowledge and belief, it--

(1) Has [ ] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [ ] been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not [ ], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

52.215-8 ORDER OF…