M00264-17-R-0001.docx

M00264-17-R-0001

Section SF 1449 - CONTINUATION SHEET

Training Support

FFP

Contractor is to provide Training Support in accordance with the Performance Work Statement (PWS) paragraph 4.0.

FOB: Destination

NET AMT

Budget Support

Contractor is to provide Budget Support in accordance with the Performance Work Statement (PWS) paragraph 5.0.

NET AMT

Planning Support

Contractor is to provide Planning Support in accordance with the Performance Work Statement (PWS) paragraph 6.0.

NET AMT

Technical and System Engineering Support

Contractor is to provide Technical and System Engineering Support in accordance with the Performance Work Statement (PWS) paragraph 7.0.

NET AMT

Management Support

Contractor is to provide Management Support in accordance with the Performance Work Statement (PWS) paragraph 8.0.

NET AMT

Each

Travel

COST

Government directed travel in accordance with the attached PWS. The Government estimate for this line item is $15,000.00. This is a NTE cost reimbursable, non-fee bearing line item. Travel shall be in direct support of tasks within the attached PWS and will be reimbursed only in accordance with FAR Part 31 and only up to the NTE amount identified in this order or as modified by the Government. As stated in FAR 31.2, per diem costs that exceed the rates in the Joint Travel Regulations (JTR) will be found unreasonable. The Government will not reimburse local travel. Local travel is defined as travel within a 50-mile radius of the Government's location.

ESTIMATED COST

FFP

Contractor is to provide Training Support in accordance with the Performance Work Statement (PWS) paragraph 4.0.

NET AMT

FFP

Contractor is to provide Budget Support in accordance with the Performance Work Statement (PWS) paragraph 5.0.

NET AMT

FFP

Contractor is to provide Planning Support in accordance with the Performance Work Statement (PWS) paragraph 6.0.

NET AMT

FFP

Contractor is to provide Technical and System Engineering Support in accordance with the Performance Work Statement (PWS) paragraph 7.0.

NET AMT

FFP

Contractor is to provide Management Support in accordance with the Performance Work Statement (PWS) paragraph 8.0.

NET AMT

Each

COST

Government directed travel in accordance with the attached PWS. The Government estimate for this line item is $15,000.00. This is a NTE cost reimbursable, non-fee bearing line item. Travel shall be in direct support of tasks within the attached PWS and will be reimbursed only in accordance with FAR Part 31 and only up to the NTE amount identified in this order or as modified by the Government. As stated in FAR 31.2, per diem costs that exceed the rates in the Joint Travel Regulations (JTR) will be found unreasonable. The Government will not reimburse local travel. Local travel is defined as travel within a 50-mile radius of the Government's location.

ESTIMATED COST

FFP

Contractor is to provide Training Support in accordance with the Performance Work Statement (PWS) paragraph 4.0.

NET AMT

FFP

Contractor is to provide Budget Support in accordance with the Performance Work Statement (PWS) paragraph 5.0.

NET AMT

FFP

Contractor is to provide Planning Support in accordance with the Performance Work Statement (PWS) paragraph 6.0.

NET AMT

FFP

Contractor is to provide Technical and System Engineering Support in accordance with the Performance Work Statement (PWS) paragraph 7.0.

NET AMT

FFP

Contractor is to provide Management Support in accordance with the Performance Work Statement (PWS) paragraph 8.0.

NET AMT

Each

COST

Government directed travel in accordance with the attached PWS. The Government estimate for this line item is $15,000.00. This is a NTE cost reimbursable, non-fee bearing line item. Travel shall be in direct support of tasks within the attached PWS and will be reimbursed only in accordance with FAR Part 31 and only up to the NTE amount identified in this order or as modified by the Government. As stated in FAR 31.2, per diem costs that exceed the rates in the Joint Travel Regulations (JTR) will be found unreasonable. The Government will not reimburse local travel. Local travel is defined as travel within a 50-mile radius of the Government's location.

ESTIMATED COST

FFP

Contractor is to provide Training Support in accordance with the Performance Work Statement (PWS) paragraph 4.0.

NET AMT

FFP

Contractor is to provide Budget Support in accordance with the Performance Work Statement (PWS) paragraph 5.0.

NET AMT

FFP

Contractor is to provide Planning Support in accordance with the Performance Work Statement (PWS) paragraph 6.0.

NET AMT

FFP

Contractor is to provide Technical and System Engineering Support in accordance with the Performance Work Statement (PWS) paragraph 7.0.

NET AMT

FFP

Contractor is to provide Management Support in accordance with the Performance Work Statement (PWS) paragraph 8.0.

NET AMT

Each

COST

Government directed travel in accordance with the attached PWS. The Government estimate for this line item is $15,000.00. This is a NTE cost reimbursable, non-fee bearing line item. Travel shall be in direct support of tasks within the attached PWS and will be reimbursed only in accordance with FAR Part 31 and only up to the NTE amount identified in this order or as modified by the Government. As stated in FAR 31.2, per diem costs that exceed the rates in the Joint Travel Regulations (JTR) will be found unreasonable. The Government will not reimburse local travel. Local travel is defined as travel within a 50-mile radius of the Government's location.

ESTIMATED COST

FFP

Contractor is to provide Training Support in accordance with the Performance Work Statement (PWS) paragraph 4.0.

NET AMT

FFP

Contractor is to provide Budget Support in accordance with the Performance Work Statement (PWS) paragraph 5.0.

NET AMT

FFP

Contractor is to provide Planning Support in accordance with the Performance Work Statement (PWS) paragraph 6.0.

NET AMT

FFP

Contractor is to provide Technical and System Engineering Support in accordance with the Performance Work Statement (PWS) paragraph 7.0.

NET AMT

FFP

Contractor is to provide Management Support in accordance with the Performance Work Statement (PWS) paragraph 8.0.

NET AMT

Each

COST

Government directed travel in accordance with the attached PWS. The Government estimate for this line item is $15,000.00. This is a NTE cost reimbursable, non-fee bearing line item. Travel shall be in direct support of tasks within the attached PWS and will be reimbursed only in accordance with FAR Part 31 and only up to the NTE amount identified in this order or as modified by the Government. As stated in FAR 31.2, per diem costs that exceed the rates in the Joint Travel Regulations (JTR) will be found unreasonable. The Government will not reimburse local travel. Local travel is defined as travel within a 50-mile radius of the Government's location.

ESTIMATED COST

PWS

Performance Work Statement for T-AVB Training, Program, Planning, and Liaison Support

Scope

The scope of this effort is to provide training, technical, and programmatic support to the Avionics Officer, Aviation Support Logistics (ASL-34), Headquarters, United States Marine Corps (HQMC), for the T-AVB class of aviation logistics support ships on both the east and west coasts, as well as to their Operational Force (OPFOR) users at 2d and 3d Marine Aircraft Wings (MAWs) and the MARFORs. This PWS defines the scope of necessary support for mission-critical Marine Corps logistics systems, requiring the Contractor to provide project management; T-AVB operations support, TAVB into ICODES software testing, training and documentation, and on-site liaison with 2d MAW personnel and 3d MAW personnel. Additional requirements include providing informal help desk support to the user population.

Background

The T-AVB class of ship provides rapid and dedicated sealift for the employment of tailored Intermediate - level Aviation Logistics (AVLOG) support for a deployed Marine Expeditionary Brigade (MEB) Aviation Combat Element (ACE), in support of Operational Plan (O-Plan) requirements. It is designed to transport critical Fixed Wing (FW) and Rotary Wing (RW) maintenance and supply assets to a forward operating area and establish an afloat intermediate-level maintenance activity (IMA) Marine Aviation Logistics Squadron (MALS) in support of deployed Marine aircraft. Due to the dynamic nature of personnel assignment (e.g., turnover), recurring training requirements exist to ensure USMC AVLOG personnel maintain T-AVB operational proficiency. Training is focused primarily on ensuring USMC AVLOG personnel can accomplish Mission Essential Tasks (MET) on loading, deploying and offloading AVLOG support packages during real world contingencies and exercises. Additional training requirements are on the use of ICODES to create safe load plans for either “transport” or “operational” modes aboard the T-AVB. ICODES will take into account Mobile Facility (MF) requirements for power, water and HVAC sources, and creates a preferred loading sequence for equipment. ICODES is designed to satisfy the focused stow planning demands of the U.S. Army and the U.S. Marine Corps by assisting personnel at the port, and rear echelon planning sites to react quickly and efficiently to changing transportation requirements. However, it must be noted that ICODES is a completely new technology to AVLOG Marines and it is yet to be certified for the TAVBs. ICODES user interface and general operations are focused on general ship loading paradigms. TAVB is a major exception to that domain.

It is important that AVLOG Marines be exposed and trained in the practical knowledge of the Marine Aviation Logistics Support Program (MALSP), MALSP Future concepts, and concepts of T-AVB employment / deployment, characteristics, properties and uses as they pertain to coordinating and integrating Mobile Facility / T-AVB requirements. Skills in Microsoft Word, Excel, PowerPoint, and Outlook are essential to prepare reports, compile briefs, analyze data, track assets and keep the command appraised of program status. Understanding of the impacts to Trim, Stress, and Stability (TSS) during planning and loading, skilled capabilities in the use of ICODES (as it applies to T-AVB) are critical. The ability to communicate both in writing and verbally is essential to articulate requirements and presentations to include the production of NAVAL messages to commands. Both T-AVB ships have deployed in support of Desert Shield/Storm, Operation Iraqi Freedom (OIF) and Operation Enduring Freedom (OEF). They provided both required sea-base support and an offload AVLOG capability to provide distributive Ops for setting up the land based support in theater.

The principal application used to support T-AVB operations is the Government-owned T-AVB Automated Load Planning System (TALPS), requiring incremental software maintenance releases, documentation updates, and training for OPFOR users. TALPS is being replaced by the Integrated Computerized Deployment System (ICODES) and initial transition is not yet complete. Initial authorized capability expected to be FY17-18 assuming Government Acceptance Testing (GAT) is successful.

This PWS defines the scope of necessary support for mission-critical Marine Corps logistics systems, requiring the Contractor to provide technical and programmatic support, deeply grounded in knowledge of T-AVB, T-AVB operations and planning support, execution support, TALPS/ICODES software maintenance/testing and documentation to include the T-AVB Logistics Planning Manual publication (colloquially known as the “Yellow Book”), and on-site liaison with 2d MAW personnel and 3d MAW personnel. The T-AVB office is responsible for supporting migration of the Prolog-based TALPS application to the Surface Deployment and Distribution Command’s (SDDC) ICODES. ICODES is a decision-support system that applies the Integrated Cooperative Decision-Making (ICDM) framework to the domain of ship stow planning.

2. General Requirements

2.1 The Contractor is responsible for providing suitable technical and analytical expertise to support ongoing responsibilities delineated by activity, as well as variances in the scope of activities. The Contractor shall appoint a technical manager to act as both coordinator of task activities and to serve as the overall expert for successful completion of this task initiative. Administrative support shall be provided as required. Standards of performance are delineated at Attachment 1 of this document in the Quality Assurance Surveillance Plan (QASP). Administrative support shall be provided as required on a matrix basis.

2.1.1 ECMRA - The contractor shall report ALL contractor labor hours (including subcontractor labor hours) required for performance of services provided under this contract for M00264-17-C-XXXX via a secure data collection site. Contracted services excluded from reporting are based on Product Service Codes (PSCs). The excluded PSCs are:

(1) W, Lease/Rental of Equipment;

(2) X, Lease/Rental of Facilities;

(3) Y, Construction of Structures and Facilities;

(4) S, Utilities ONLY;

(5) V, Freight and Shipping ONLY.

The Contractor is required to completely fill in all required data fields using the following web address https://doncmra.nmci.navy.mil.

Reporting inputs will be for the labor executed during the period of performance during each Government Fiscal Year (FY), which runs 1 October through 30 September. While inputs may be reported any time during the FY, all data shall be reported no later than 31 October of each calendar year. Contractors may direct questions to the help desk, linked at https://doncmra.nmci.navy.mil.

2.1.2 The Contractor employees shall identify themselves as contractor personnel by introducing themselves or being introduced as contractor personnel and displaying distinguishing badges or other visible identification for meetings with Government personnel. In addition, contractor personnel shall appropriately identify themselves as contractor employees in telephone conversations and in formal and informal written correspondence.

2.1.3 The Contractor shall maintain and update a recommended list of personnel that require Common Access Cards (CACs) for the Contracting Officer’s Representative’s (COR’s) approval.

2.1.4 The Contractor shall arrange the signature on all non-disclosure agreements necessary to interface with other contractors to accomplish the T-AVB mission in support of this PWS in accordance with FAR 9.505-4. Copies of all non-disclosure agreements required for this contract shall be provided to the Contracting Officer and COR.

2.1.5 The Contractor personnel on this effort require a minimum of a SECRET security clearance to execute required support. Contractor shall comply with the provided DD254 stipulations for this contract.

2.1.6 The Contractor shall submit all deliverables to the Contracting Officer’s Representative (COR) and the COR is responsible for tracking and acceptance.

1. Specific Requirements

3.1 The T-AVB office is responsible for executing a comprehensive support program that includes providing Subject Matter Expertise (SME) at various professional forums, to liaison with other activities (e.g., Maritime Administration, Military Sealift Command, SEALOG Activities, Service branches and DC Installations and Logistics (DC I&L)) providing technical planning coordination and execution support for OPFOR exercises and deployments.

3.1.1 Programmatic: All personnel work directly as ASL-34 representatives for the OPFORs. The Contractor on-site personnel shall schedule and coordinate with assigned MAW G1, G3, G4, G5, G6, ALD and Comptroller on all exercises pertaining to the T-AVB for the assigned MAW. The contractor shall schedule and coordinate with G6, ALD, Comptroller, Marine Wing Communication Squadron (MWCS) and Marine Aviation Logistics Squadron (MALS) on all Communication Exercises for the assigned MAW.

3.1.2 The Contractor on-site personnel shall coordinate with MEF G3 and MAW G3 to develop a yearly Training Evaluation Exercise Planning (TEEP) event for T-AVB as well as develop a five year T-AVB training plan for the assigned MAW.

3.1.3 The Contractor shall attend meetings and draft meeting minutes in support of the following disciplines: engineering, programmatic, financial, and milestone reviews. The Contractor shall prepare and deliver agendas 5 days prior to each meeting and prepare and deliver conference minutes no later than 15 days after event. Historically there are 25 or less meeting per year.

3.1.4 The Contractor shall draft Naval Messages in order to support exercises and deployments. The Naval Messages shall report the location of the event, as well as initial and final Agendas (these may be separate messages).

4.0 Training

4.1.1 The Contractor shall also serve as the primary liaison for the T-AVB ships for coordination of quarterly training requirements.

4.1.2 The Contractor shall train USMC AVLOG personnel in the accomplishment of Mission Essential Tasks of loading, deploying and offloading AVLOG support packages.

4.1.3 The Contractor shall train USMC COMM personnel on the operation and maintenance requirements of the communications and data systems installed on the T-AVB.

4.1.4 The Contractor shall train USMC AVLOG personnel on the use of ICODES to create safe load plans for either “transport” or “operational” modes aboard the T-AVB once migration from TALPS is complete. Historically there are 4 classes per year at each MAW with an average of 3 students per class. The Contractor shall support the ICODES application training providing expertise in response to OPFOR requirements. Support also includes managing training requirements to ensure user efficiency, and providing expertise to resolve both Marine Corps and external agency issues affecting the employment of ICODES once it has transitioned.

4.1.5 The on-site Contractor personnel shall maintain a record of all personnel receiving training. No later than 5 business days after training is complete, the on-site Contractor personnel shall provide the WING AVIONICS Officer the training roster, either by electronic means, a scanned copy, or a paper copy. At the COR’s request, the Contractor (PM) will provide a consolidated training roster from all commands who have received training to ASL-34.

5.0 Budget

5.1.1 The on-site Contractor personnel shall track expenditures and coordinate with WING AVIONICS Officer to support the management of the assigned T-AVB Program Planning, Programming, Budgeting, and Execution (PPBE) for the assigned MAW. PPBE is used to analyze requirements, allocate resources, submit budgets, and spend appropriated dollars to support the T-AVB operation and training for the assigned MAW.

5.1.2 The Contractor shall identify any unfunded requirements that are capable of being executed in the current fiscal year for the assigned MAW.

5.1.3 The contractor shall monitor the funding codes and correct appropriations are utilized.

5.1.4 The contractor shall support reconciliation of funding requirements with the MAW Comptroller on a quarterly basis.

6.0 Planning

6.1.1 The Contractor shall coordinate and schedule training with the appropriate T-AVB for all training.

6.1.2 The Contractor shall maintain communications with the MARAD contracted ship support personnel permanently assigned to maintain the T-AVBs in order to stay current on the ships’ status and enhance coordination efforts for the assigned MAW.

6.1.3 The Contractor shall support the T-AVB program office (ASL-34) in developing program plans for Ship Service Life extensions or ship replacements as well as other Program level initiatives.

7.0 Technical and Systems Engineering Support

7.1.1 The Contractor shall perform requirements analysis, requirements verification, functional analysis, functional and physical verification, performance verification, and systems analyses such as, USMC COMM upgrades, IMA Electrical System improvements and deliver an Analysis and Recommendation Report will be provided to ASL-34.

7.1.2 The Contractor shall capture deficiencies and draft a punch list of any Ship-Alterations or upgrades required. The list shall be delivered to HQMC ASL-34 for validation of requirements. The Contractor shall also track approved ship alterations progress and status.

7.1.3 The Contractor shall support testing of ICODES by testing version releases for accuracy and functionality and provide results of the testing to the SDDC and HQMC ASL-34.

7.1.4 The Contractor shall maintain the currency of training materials so that they match the current states of the T-AVB ships and the appropriate ship loading software.

7.1.5 The Contractor shall maintain the TALPS application functionality and database accuracy until the migration to ICODES is complete. Estimated migration is anticipated to be completed in FY 16-17.

7.1.6 The Contractor shall continue to support the TALPS application until the transition to ICODES is complete and then for a period not longer than 1 year from ICODES receiving authorization for use by TAVBs.

7.1.7 TALPS support shall include: providing and maintaining the TALPS application upon COR/ASL-34 request and implementing updates to system documentation until such time as ICODES receives authorization for use by T-AVB. TALPS support is a diminishing requirement being replaced by an increasing level of effort to support T-AVB in ICODES.

7.1.8 The Contractor shall respond to all OPFOR requirements; historically there have been 1 to 2 per year.

7.1.9 The Contractor shall update the TAVB Logistics Planner’s Manual (known colloquially as the “Yellow Book”) as required.

7.2.2 The Contractor shall coordinate with MARCORSYSCOM Publications directorate and facilitate publication of the TAVB Logistics Planner’s Manual as a Marine Corps Publication.

8.0 Management Support

8.1.1. Contract Status Reporting. The Contractor shall write monthly status reports on task accomplishments throughout the life cycle of the contract. Program Management Reviews (PMR) frequency and content will be determined at the COR-Contractor kick off meeting. PMRs shall then be briefed on that schedule and shall also include the status of the contract at that time. Monthly reports shall report funds spent on travel and funds remaining in travel budgets for each contract option.

8.1.2. Data Rights. The Government has unlimited rights to all documents/material produced under this contract. All documents and materials, to include the source codes of any software, produced under this contract shall be Government owned and are the property of the Government with all rights and privileges of ownership/copyright belonging exclusively to the Government. Refer to DFARS 252.227-7013(b).

9.0 Facilities and Travel Requirements.

9.1.1 Work efforts in support of this task effort will be accomplished at the Contractor’s facilities, and on-site at the appropriate MAWs. This task will require the Contractor to provide facilities (up to and including SECRET) for meetings (up to 50 people), IPTs (of 10-30 personnel), and teleconferencing (UNCLASS only). Such facilities are not reimbursable as contract direct costs. The contractor shall provide suitable infrastructure to manage program requirements (e.g., document library, databases) throughout the period of performance to support the scope of activities. Contractor costs for laptops, cellular equipment/services, and other items of convenience are not reimbursable as direct contract costs.

9.1.2 All Government printing requirements MUST be done by or through the local Document Automation and Production Service (DAPS, now called DLA Document Services) http://www.daps.dla.mil/dapsonline.html.

9.1.3 CONUS and OCONUS travel must be authorized and will be reimbursed in accordance with the JTR.

9.1.4 Per Diem shall be in accordance with http://www.defensetravel.dod.mil/site/perdiemCalc.cfm. The expected level of travel is detailed below:

OY 1

# OF TRIPS IN

OY 2

# OF TRIPS IN

OY 3

# OF TRIPS IN

OY 4

9.1.5 Access to Government buildings will be granted for support staff and network accounts established. Travel outside the local region is anticipated and will include USMC bases CONUS and possible OCONUS. Local travel for all team members are reimbursed only from the prime vendor facility to the Pentagon and will be reimbursed in accordance with the Joint Travel Regulations. Government on-site support for SME’s at 2d MAW, MCAS Cherry Point, NC, and 3rd MAW, MCAS Miramar, CA will provide office space and necessary tools (desk, phones, network accounts, etc.,) to execute anticipated responsibilities. Any authorized CONUS or OCONUS travel will be reimbursed in accordance with the JTR.

10.0 Deliverables

INSPECTION AND ACCEPTANCE TERMS

Supplies/services will be inspected/accepted at:

DELIVERY INFORMATION

22-APR-2018

2 NAVY ANNEX

ROOM 2135 BLDG FOB 2

WASHINGTON DC 20380-1775

CAROLYN HUGHES

703 695 6590

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22-APR-2018

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CLAUSES INCORPORATED BY REFERENCE

CLAUSES INCORPORATED BY FULL TEXT

52.204-20 Predecessor of Offeror (JUL 2016)

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

Commercial and Government Entity (CAGE) code means--

(1) An identifier assigned to entities located in the United States or its outlying areas by the Defense Logistics Agency (DLA) Commercial and Government Entity (CAGE) Branch to identify a commercial or government entity; or

(2) An identifier assigned by a member of the North Atlantic Treaty Organization (NATO) or by the NATO Support and Procurement Agency (NSPA) to entities located outside the United States and its outlying areas that the DLA Commercial and Government Entity (CAGE) Branch records and maintains in the CAGE master file. This type of code is known as a NATO CAGE (NCAGE) code.

Predecessor means an entity that is replaced by a successor and includes any predecessors of the predecessor.

Successor means an entity that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (often through acquisition or merger). The term “successor” does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabilities of the predecessor may vary, depending on State law and specific circumstances.

(b) The Offeror represents that it [____] is or [____] is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(c) If the Offeror has indicated “is” in paragraph (b) of this provision, enter the following information for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: ____ (or mark “Unknown”).

Predecessor legal name: ____.

(Do not use a “doing business as” name).

(End of provision)

52.209-2 PROHIBITION ON CONTRACTING WITH INVERTED DOMESTIC CORPORATIONS--REPRESENTATION (NOV 2015)

(a) Definitions. Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Government agencies are not permitted to use appropriated (or otherwise made available) funds for contracts with either an inverted domestic corporation, or a subsidiary of an inverted domestic corporation, unless the exception at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(c) Representation. The Offeror represents that--

(1) It [ ___ ] is, [ ___ ] is not an inverted domestic corporation; and

(2) It [ ___ ] is, [ ___ ] is not a subsidiary of an inverted domestic corporation.

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JULY 2013)

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).

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.

52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUN 2016)

(a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items:

(1) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015).

(2) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).

(3) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805 note)).

(b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: (Contracting Officer check as appropriate.)

___ (1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Sept 2006), with Alternate I (Oct 1995) (41 U.S.C. 4704 and 10 U.S.C. 2402).

____ (2) 52.203-13, Contractor Code of Business Ethics and Conduct (Oct 2015) (41 U.S.C. 3509).

____ (3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (June 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.)

___ (4) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Oct 2015) (Pub. L. 109-282) (31 U.S.C. 6101 note).

___ (5) [Reserved]

___ (6) 52.204-14, Service Contract Reporting Requirements (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (7) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (JAN 2014) (Pub. L. 111-117, section 743 of Div. C).

___ (8) 52.209-6, Protecting the Government's Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Oct 2015) (31 U.S.C. 6101 note).

____ (9) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (July 2013) (41 U.S.C. 2313).

____ (10) [Reserved]

____ (11)(i) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (NOV 2011) (15 U.S.C. 657a).

____ (ii) Alternate I (NOV 2011) of 52.219-3.

____ (12) (i) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (OCT 2014) (if the offeror elects to waive the preference, it shall so indicate in its offer) (15 U.S.C. 657a).

____ (ii) Alternate I (JAN 2011) of 52.219-4.

____ (13) [Reserved]

____ (14)(i) 52.219-6, Notice of Total Small Business Set-Aside (NOV 2011) (15 U.S.C. 644).

____ (ii) Alternate I (NOV 2011).

____ (iii) Alternate II (NOV 2011).

____ (15)(i) 52.219-7, Notice of Partial Small Business Set-Aside (June 2003) (15 U.S.C. 644).

____ (ii) Alternate I (Oct 1995) of 52.219-7.

____ (iii) Alternate II (Mar 2004) of 52.219-7.

____ (16) 52.219-8, Utilization of Small Business Concerns (OCT 2014) (15 U.S.C. 637(d)(2) and (3)).

____ (17)(i) 52.219-9, Small Business Subcontracting Plan (Oct 2015) (15 U.S.C. 637(d)(4)).

____ (ii) Alternate I (Oct 2001) of 52.219-9.

____ (iii) Alternate II (Oct 2001) of 52.219-9.

____ (iv) Alternate III (Oct 2015) of 52.219-9.

____ (18) 52.219-13, Notice of Set-Aside of Orders (NOV 2011) (15 U.S.C. 644(r)).

____ (19) 52.219-14, Limitations on Subcontracting (NOV 2011) (15 U.S.C. 637(a)(14)).

____ (20) 52.219-16, Liquidated Damages—Subcon-tracting Plan (Jan 1999) (15 U.S.C. 637(d)(4)(F)(i)).

____ (21) 52.219-27, Notice of Service-Disabled Veteran-Owned Small Business Set-Aside (NOV 2011) (15 U.S.C. 657f).

____ (22) 52.219-28, Post Award Small Business Program Rerepresentation (July 2013) (15 U.S.C. 632(a)(2)).

____ (23) 52.219-29, Notice of Set-Aside for, or Sole Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 2015) (15 U.S.C. 637(m)).

____(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Dec 2015) (15 U.S.C. 637(m)).

x (25) 52.222-3, Convict Labor (June 2003) (E.O. 11755).

x(26) 52.222-19, Child Labor--Cooperation with Authorities and Remedies (FEB 2016) (E.O. 13126).

x (27) 52.222-21, Prohibition of Segregated Facilities (Apr 2015).

x (28) 52.222-26, Equal Opportunity (Apr 2015) (E.O. 11246).

____ (29) 52.222-35, Equal Opportunity for Veterans (Oct 2015) (38 U.S.C. 4212).

____ (30) 52.222-36, Equal Opportunity for Workers with Disabilities (July 2014) (29 U.S.C. 793).

____ (31) 52.222-37, Employment Reports on Veterans (FEB 2016) (38 U.S.C. 4212).

____ (32) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496).

____ (33)(i) 52.222-50, Combating Trafficking in Persons (March 2, 2015) (22 U.S.C. chapter 78 and E.O. 13627).

____ (ii) Alternate I (March 2, 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627).

____ (34) 52.222-54, Employment Eligibility Verification (Oct 2015). (E. O. 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.)

____ (35)(i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) (42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (ii) Alternate I (May 2008) of 52.223-9 (42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.)

____ (36) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (June, 2016) (E.O. 13693).

____ (37) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (June, 2016) (E.O. 13693).

____ (38) (i) 52.223-13, Acquisition of EPEAT® Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (OCT 2015) of 52.223-13.

____ (39)(i) 52.223-14, Acquisition of EPEAT® Registered Televisions (Jun 2014) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-14.

____ (40) 52.223-15, Energy Efficiency in Energy-Consuming Products (Dec 2007) (42 U.S.C. 8259b).

____ (41)(i) 52.223-16, Acquisition of EPEAT[supreg]-Registered Personal Computer Products (OCT 2015) (E.O.s 13423 and 13514).

____ (ii) Alternate I (Jun 2014) of 52.223-16.

x (42) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Aug 2011) (E.O. 13513).

____ (43) 52.223-20, Aerosols (June, 2016) (E.O. 13693).

____ (44) 52.223-21, Foams (June, 2016) (E.O. 13693).

____ (45) 52.225-1, Buy American--Supplies (May 2014) (41 U.S.C. chapter 83).

____(46) (i) 52.225-3, Buy American--Free Trade Agreements--Israeli Trade Act (May 2014) (41 U.S.C. chapter 83, 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, Pub. L.

103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43.

____ (ii) Alternate I (May 2014) of 52.225-3.

____ (iii) Alternate II (May 2014) of 52.225-3.

____ (iv) Alternate III (May 2014) of 52.225-3.

____ (47) 52.225-5, Trade Agreements (FEB 2016) (19 U.S.C. 2501, et seq., 19 U.S.C.