2025.05.19 - Statement of Objectives SOO - AIFAD Task Order-for submission (1).pdf

STATEMENT OF OBJECTIVES (SOO)

FEDERALLY FUNDED RESEARCH AND DEVELOPMENT CENTER (FFRDC)

THE MITRE CORPORATION

Aggregate Interference as a Function of Antenna Directivity Applied Research To CTL

National Institute of Standards and Technology

16 May 2025

I. BACKGROUND

The NIST Communications Technology Laboratory (CTL) promotes advancements in telecommunications including spectrum science as directed by NIST’s foundational statute: 15 U.S.C. § 271 et seq. Its role in this capacity is as an independent, unbiased arbiter of trusted measurements and standards to government and industry. To this end, CTL develops precision instrumentation and creates test protocols, models, and simulation tools to advance communications technology. The Spectrum Technology and Research Division (STRD) within CTL promotes the development, validation, and demonstration of cutting-edge metrology methods for spectrum science with applications in applied systems testing, multi-domain electromagnetic interference and compatibility theory and techniques, spectrum sharing, and wireless coexistence. STRD houses fully integrated testbed facilities, metrology-grade radio frequency (RF) measurement systems, and computational resources to allow for the development of validated measurement methods and analyses necessary to enable novel methods for spectrum measurements and science.

The National Spectrum Strategy (NSS) charges federal agencies to identify federal spectrum suitable for shared or compressed use with commercial users of spectrum. To execute this sharing approach, federal organizations require scientific, rigorous, trusted measurements, and analyses to understand the full impact to incumbent systems operating in that spectrum. NIST is charged with identifying measurement methods and data to further spectrum science insights to the Department of Energy (DOE), who has significant equities in the bands under study by the NSS. NIST’s independent and neutral work will allow DOE to formulate data driven recommendations for spectrum management.

CTL STRD’s measurement methods and analysis to DOE will help ensure that critical systems used by the federal government can operate in a shared spectrum environment with commercial industry while supporting U.S. innovation, industrial competitiveness, and public safety.

II. SCOPE OF WORK

NIST will establish a new effort, the Aggregate Interference as a Function of Antenna Directivity (AIFAD) project to help establish a baseline for DOE to determine the efficacy of the 7-8 SRF Band Study proposals.

This is a first-of-a-kind measurement campaign that will quantify aggregate interference as a function of antenna directivity/beamwidth as may be experienced by fixed point-to-point systems. The goal is to determine when antenna directivity needs to be considered (in spectrum sharing) to protect federal assets from aggregate interference. The project will consist of spectrum data collections on advanced wireless deployments such as the 3rd Generation Partnership Project’s (3GPP) 4th and 5th generation (4G, 5G, respectively) cellular systems in the C-Band. Additionally, it will include validation measurements for frequency translation considerations, and independent analyses, in conjunction with other sources of data such as those generated by DOE Idaho National Laboratory.

The purpose of this Task Order is to leverage as the operator of the Center for Enterprise Modernization (CEM) Federally Funded Research and Development Center (FFRDC), MITRE’s unique and deep antenna design and testing expertise to deliver the following, aligned with NIST’s AIFAD objectives:

1) First of its kind calibrated beam switching Antenna for data collection

2) Validated test measurement system suitable for laboratory and field measurements – 2x systems designed for in-field captures and 1x designed for frequency translation purposes.

3) Documented and validated process for the frequency and technology transposing of NIST data collects.

4) Contributions to the multistakeholder engagements and final NIST reports through analyses of proprietary and pre-decisional data sets across multiple interdisciplinary sources (which may include Mobile Network Operators (MNOs), DOE, and/or other Federal Agencies).

The CEM FFRDC and MITRE’s in-depth and interdisciplinary technical expertise in rapid development will deliver functional prototypes and antennas to execute NIST’s test plan for AIFAD and to conduct independent laboratories and field tests executing that plan. This work is ideally suited to a Federally Funded Research and Development Center (FFRDC) such as MITRE as it requires cross organizational technical expertise that is unbiased and independent from both government and industry to design and build a suitable antenna and collect data that can be seen as credible by NSS Band Study stakeholders involved. MITRE, as the operator or the CEM FFRDC, is impartial and objective, working solely in the national interest, and can partner with NIST to develop independent scientific insights that protect and strengthen our nation’s interest in spectrum sharing to protect federal assets while enabling industrial competitiveness. Through its FFRDC structure, MITRE can receive, analyze, and protect sensitive and proprietary data that provide Federal agencies with a variety of data sets and richer context to expand the utility and impact of the AIFAD project.

The value of MITRE and the FFRDC to this project is its role as an independent and objective partner delivering unbiased solutions and partnership to the government. The work requires a complex set of interdisciplinary skills, technical depth, existing laboratories, rapid low-volume prototyping capabilities, technology system assessment expertise, simulations, and testing infrastructure designed for antenna directivity testing that MITRE provides through its FFRDC structure and matrixed organization. Examples of specialized MITRE skills required to provide the applied research deliverables include:

• High quality rapid prototyping befits of NIST Metrology applications

• RF System Test Engineering

• Antenna Design, Fabrication, and Calibration

• Frequency Translation Modeling and Simulation

• 5G Communication System Modeling and Simulation (3GPP 4G/5G)

• Data Acquisition and Data Science

III. DESCRIPTION OF TASKS

General – The MITRE Corporation shall deep technical expertise and applied research to NIST AIFAD project: test plan development; measurement system design; develop, build, evaluate, and deploy laboratory-based and field-based measurements systems; analyze, visualize, interpret, and present the collected AIFAD data; frequency translation modeling and simulation expertise; and program and project management. The Contractor shall assemble test equipment, execute a test campaign strategy, and collect measurement data consistent with the requirements set forth by NIST Technical Lead.

BASE YEAR

Task 1 - Program & Project Management

• Manage MITRE staff, funding, and execution of project.

• Inputs and recommendations on NIST AIFAD strategic objectives and programmatic execution.

• Inputs to NIST AIFAD Test and Campaign Plans.

• Inputs to NIST AIFAD Technical Reports.

Task 2 – Design, demonstrate, and validate antennas to support measurement capability to quantify aggregate emissions and the degree thereof for cellular 3GPP 4G/5G 3-4 GHz band conditioned by antenna directivity/beamwidth.

• Work in concert with NIST team to develop, design, build, and deliver a calibrated antenna.

• Develop and deliver an antenna system capable of beamwidth switching.

• Procure components for and assist in the assembly of low-volume rapid prototype antenna based on approved NIST designs.

• Validate functionality of the prototype antenna.

• Provide reports or briefings on evaluations or recommendations to improve the quality of the antenna.

Task 3 – Establish 1st order electromagnetic considerations for frequency translation from 3GPP 5G 3-4 GHz band to the 7-8 GHz band through modeling, simulation, and participation in controlled radiated measurement opportunities

• Provide research, analysis, and recommendations on other technologies necessary to fulfill frequency translation requirements.

• Use appropriate models and simulations, identify approaches, issues, and applicability of translating the antenna directivity work in the 3-4 GHz band to the 7-8 GHz band.

• Identify and use available technologies, as appropriate, to conduct frequency translation.

• Coordinate with available testbeds and facilities to augment modeling with field tests.

Task 4 – Conduct a directivity measurement campaign

• In collaboration with NIST, conduct pilots to establish baseline measurement factors and inform on the duration of data collections.

• Provide communication technology selection recommendations and active experimentation at outdoor test ranges.

• Provide technical expertise in the deployment of antenna directivity measurement systems.

• Based on a NIST AIFAD measurement campaign, execute laboratory and field evaluations of measurement systems for of this task following a NIST developed test campaign plan

• Based on a NIST AIFAD measurement campaign, conduct a set of robust extended-time-frame studies at fixed sites (3 simultaneously in the Colorado Front Range Urban Corridor)

• Based on NIST AIFAD measurement campaign, conduct a set of no more than 6 short-duration studies with diverse fields of view or specific sites as described in the measurement campaign.

• Provide measurement data, analysis and comparisons to modeling at select sites of interest to the NIST-led AIFAD project

Task 5 – Design and build a test measurement system to measure aggregate emissions and the degree thereof for cellular 3GPP 4G/5G 3-4 GHz band conditioned by antenna directivity/beamwidth

• Provide technical research, analysis, and recommendations on an antenna directivity measurement system for this task.

• As requested by NIST, MITRE will procure components for and assist in the assembly of low-volume rapid prototype antenna directivity test measurement device based on approved NIST designs.

• Provide expertise in RF systems test and communications, antennas, sensor systems, data collection, and integration to assemble test measurement systems, development of controls and data collection and automation.

• Validate functionality of the prototype antenna directivity test measurement devices.

• Provide technical expertise to transition prototype to laboratory and field deployable systems along with setup, configuration, and operation of the sensors in a laboratory environment.

• As requested by NIST, MITRE will provide technical expertise to the design, development, procurement, and fabrication of up to six (6) field-deployable antenna directivity systems.

Task 6 – Submit Deliverables in accordance with Section V of this SOO

• Calibrated antennas with topology capable of beamwidth switching

• Validated test measurement system suitable for laboratory and field measurements

• Measurement data, analysis and comparisons to modeling at select sites of interest to the NIST-led

AIFAD project

• Modeling and simulation-based approach and report to translate NIST-led measurements to 7-8 GHz band of interest for the AIFAD project.

• Recommendations on communications technology selection and active experimentation at outdoor test ranges

• Inputs to NIST AIFAD Technical Reports: Provide findings, recommendations for improvement, data.

• Inputs to NIST AIFAD Test Plans and Test Campaign: Provide findings, recommendations for improvement, data.

• Inputs to measurement system design and component.

• Models and Simulations: Transition models and/or any software developed for tasks.

• Measurement System: Transition hardware and/or any software developed for the antenna directivity measurement system and components developed.

OPTION YEAR 1

Task 7 - Program & Project Management

• Manage MITRE staff, funding, and execution of project.

• Inputs and recommendations on NIST AIFAD strategic objectives and programmatic execution.

• Inputs to NIST AIFAD Test and Campaign Plans.

• Inputs to NIST AIFAD Technical Reports.

Task 8 – Establish 1st order electromagnetic considerations for frequency translation from 3GPP 5G 3-4 GHz band to the 7-8 GHz band through modeling, simulation, and participation in controlled radiated measurement opportunities

• Provide research, analysis, and recommendations on other technologies necessary to fulfill frequency translation requirements.

• Use appropriate models and simulations, identify approaches, issues, and applicability of translating the antenna directivity work in the 3-4 GHz Band to the 7-8 GHz band.

• Identify and use available technologies, as appropriate, to conduct frequency translation.

• Coordinate with available testbeds and facilities to augment modeling with field tests.

Task 9 – Conduct a directivity measurement campaign

• Fabricate, test, and deliver sponsor-approved changes to the antenna systems to be used in the second year of the program

• Provide updated communication technology selection recommendations and active experimentation on at outdoor test ranges.

• Provide technical expertise in the deployment of antenna directivity measurement systems.

• Based on a NIST AIFAD measurement campaign, execute laboratory and field evaluations of measurement systems for of this task following a NIST developed test campaign plan

• Based on a NIST AIFAD measurement campaign, conduct a set of robust extended-time-frame studies at fixed sites (3 simultaneously in the Colorado Front Range Urban Corridor)

• Based on NIST AIFAD measurement campaign, conduct a set of no more than 6 short-duration studies with diverse fields of view or specific sites as described in the measurement campaign.

• Provide measurement data, analysis and comparisons to modeling at select sites of interest to the NIST-led AIFAD project

Task 10 – Submit Deliverables in accordance with Section V of this SOO

• Measurement data, analysis and comparisons to modeling at select sites of interest to the NIST-led

AIFAD project.

• Modeling and simulation-based approach and report to translate NIST-led measurements to 7-8 GHz band of interest for the AIFAD project.

• Recommendations on communications technology selection and active experimentation at outdoor test ranges

• Inputs to NIST AIFAD Technical Reports: Provide findings, recommendations for improvement, data.

• Inputs to NIST AIFAD Test Plans and Test Campaign: Provide findings, recommendations for improvement, and data.

• Inputs to measurement system design and component.

• Models and Simulations: Transition models and/or any software developed for tasks.

• Measurement System: Transition hardware and/or any software developed for the antenna directivity measurement system and components developed.

IV. TRAVEL

All local travel shall be reimbursed at the rates in effect at the time of the travel. Local travel is defined as travel within 50 miles of an employee’s main office location.

Long distance travel will be performed on an as needed basis and coordinated with the Government Technical Manager (GTM), CO, and COR for this project. Every effort will be made to obtain economic airfares. Per Diem will be reimbursed at government-approved rates in effect at the time of travel. Table 1 summarizes the planned travel for the base year and option year.

Table 1. Planned long-distance travel for the base year and option year.

Purpose of Travel Task Destination No. of Trips

No. of Travelers

Duration Approx.

Cost

BASE YEAR

Antenna Fabrication, Design, & Testing

Task 2 Various (e.g., Partnership sites, DOE sites, Multistakeholder forums, DOC sites, and Test sites)

6 1 4 days $18,000

Frequency Translation

Task 3 Various (e.g., Partnership sites, DOE sites, Multistakeholder forums, DOC sites, and Test sites)

4 1 4 days $12,000

Technical Deployment

Task 4 Various (e.g., Partnership sites, DOE sites, Multistakeholder forums, DOC sites, and Test sites)

4 1 4 days $12,000

Base Year Total $42,000

OPTION YEAR

Frequency Translation

Task 8 Various (e.g., Partnership sites, DOE sites, Multistakeholder forums, DOC sites, and Test sites)

2 1 4 days $6,000

Technical Deployment

Task 9 Various (e.g., Partnership sites, DOE sites, Multistakeholder forums, DOC sites, and Test sites)

4 1 4 days $12,000

Option Year Total $18,000

Grand Total $60,000

V. DELIVERABLES/SCHEDULE

The Contractor shall deliver all formal products concurrently to the NIST GTM, the NIST Contracting Officer’s Representative (COR) and the NIST Contracting Officer (CO). The COR will notify the Contractor whether the formal deliverable has been accepted or, if rejected, provide written comments to the Contractor within ten (10) Government workdays of initial receipt. The Contractor shall then resubmit the final deliverable within ten (10) Government workdays to the GTM, COR and CO, if necessary. All documents shall be provided in electronic format to NIST using Microsoft Word 2010 or higher, Excel, PowerPoint or Visio. The Contractor shall also provide one hardcopy and/or one softcopy of each informal deliverable to the GTM.

Table 2 and Table 3 outline the report/delivery schedule for the Base Year and Option Year. The deliverables shown in the table are both formal and informal deliverables. Formal implies the presentation of the conclusion of a work product or a progress status of a work product. Informal implies a communication or recommendation during the progression of a work product.

Table 2. Task Report/Delivery Schedule – Base Year

Deliverables Task Frequency & Due Date Type Project Work Plan1 Base: 1 Base: Once NLT 30 days after task order award Formal Monthly Progress Reports2 Base: 1 Base: Recurring, the 15th day of each month Formal Interim Reports on Directivity Findings

Base: 2, 3, 4, 5, Base: As needed during Tasks 2, 3, 4, 5, 6 Informal

Antenna directivity design documentation

Base: 2 Base: Once at completion of antenna directivity design, NLT the end of the base year POP.

Formal

Antenna calibration report Base: 2 Base: Once at completion of antenna directivity calibration, NLT the end of the base year POP.

Formal

Antenna systems capable of beamwidth switching

Base: 2 Base: Once at completion of antenna system, NLT the 6-months after task order award.

Formal

Identify approaches, issues, and applicability of translating the antenna directivity work in the 3-4 GHz band to the 7-8 GHz band

Base: 3 Base: As needed during Task Informal

Provide 1st order electromagnetic considerations from modeling and simulation translating collected data from 3-4 GHz to 7-8 GHz

Base: 3 Base: As needed during Task Informal

Directivity measurement pilot results that inform the data collection

Base: 4 Base: As needed during Task Informal

Measurement data, analysis, and comparisons to modeling from laboratory and field measurements.

Base: 4 Base: As needed during Task Informal

Antenna Directivity Measurements System Technical Recommendations

Base: 5 Base: As needed throughout measurement system design and development, NLT the 6-months after task order award.

Informal

Calibrated antenna directivity measurement system

Base: 5 Base: Once at completion of Task 4 and 5 calibrated antenna directivity measurement system development provide 2x systems designed for in-field captures and 1x system designed for frequency translation purposes, NLT 9 months after task order award.

Formal

Table 3. Task Report/Delivery Schedule – Option Year

Option Year Deliverables Task Frequency and Due Date Type Project Work Plan1 OY1: 7 OY1: Once, within 30 days after task order award Formal

Monthly Progress Reports2 OY1: 7 OY1: Recurring, the 15th day of each month Formal Interim Reports on Directivity Findings

OY1: 8, 9, 10 OY1: As needed during Tasks 8, 9, 10 Informal

Finalized approaches, issues, and applicability of translating the antenna directivity work in the 3-4 GHz band to the 7-8 GHz band

OY1: 8 OY1: Once upon completion of Task 8 Formal

Finalized 1st order electromagnetic considerations from modeling and simulation translating collected data from 3-4 GHz to 7-8 GHz

OY1: 8 OY1: Once upon completion of Task 8 Formal

Task 9: Finalized measurement data, analysis, and comparisons to modeling from laboratory and field measurements.

OY1: 9 OY1: Once upon completion of Task 9 Formal

Note:

• 1 Project Work Plans: The plans will contain information pertaining to activities, deliverables, schedules, and contractor levels of effort for each objective and outcome stated in this SOO.

• 2 Monthly Progress Report: Monthly per schedule set by Project Work Plans. The final report will include an assessment of cumulative performance.

Table 4 outlines the expected labor, travel, and other direct costs (ODCs) for the tasks in the base year and option year.

Table 4. Cost Table

Base Year Period of Performance: One (1) year after receipt of order

Category Item Supporting Task Cost

MITRE

Labor

Project Management Tasks 1, 6 $90,000

MITRE Subject Matter Expertise Tasks 2, 3, 4, 5 $996,000

Labor Sub-total $1,086,000

MITRE ODC Materials & Misc Tasks 2, 3, 4 $339,000

Travel Tasks 2, 3, 4 $42,000

ODC Sub-total $381,000

Base Year Estimated Budget $1.467,000

Option Year Period of Performance: Expiration of Base Period plus one (1) year

Category Item Supporting Task Cost

MITRE

Labor

Project Management Tasks 7, 10 $48,000

MITRE Subject Matter Expertise Tasks 8, 9 $216,000

Labor Sub-total $264,000

MITRE ODC Travel Tasks 8, 9 $18,000

ODC Sub-total $18,000

Option Year 1 Estimated Budget $282,000

Total Contract Estimated Budget $1,749,000

Since the Project Work Plan is a living document, changes in the Plan may result in associated changes in due dates. Such changes will be discussed between NIST and the Contractor prior to the actual changes being made.

All deliverables shall meet requirements as described under the tasks in clear, concise, well-written language, and in accordance with the SOO. Accordingly, the quality measures (acceptance criteria) as set forth below shall be applied to each work product or deliverable received from the Contractor under this SOO.

VI. ACCEPTANCE CRITERIA

The Contractor shall deliver all products concurrently to the NIST COR and CO. Hardcopy (in quantities specified by NIST) shall be provided upon request. All products will be scanned for viruses prior to submission.

Generally, all work performed under this Task Order shall comply with IRS Directives, Instructions and Standards. Exceptions may be made on a case-by-case basis. Acceptability will be determined using the following criteria:

1. Completeness – Initial requirements (as identified) are satisfied in all sections.

2. Accuracy – Documents shall be accurate in presentation, technical content, and adherence to accepted elements of style.

3. Clarity—Documents shall be clear and concise; project management and terms shall be used, as appropriate. All diagrams shall be easy to understand and be relevant to the supporting narrative.

4. Specification Validity—all deliverables must satisfy the requirements of the U.S. Government as specified herein.

5. File Editing—All text and diagrammatic files shall be provided in Microsoft Office Version 2010 or higher (Word, Excel, PowerPoint, Visio, etc.) so that they can be edited by the U.S. Government.

6. Format—Documents shall be submitted electronically whenever possible. Hardcopies shall be provided upon request. The document’s format may change from Subtask to Subtask.

7. Timeliness—Deliverables shall be submitted on or before the due date specified in the Schedule of Deliverables Section of this SOO or submitted in accordance with a later scheduled date determined solely by the Government.

Once delivered, an item will be accepted or rejected in accordance with the instructions found in the first paragraph of Section V.

VII. GOVERNMENT FURNISHED MATERIALS

Government furnished property (materials, equipment, and/or information) will be provided in conjunction with required performance under this task order as determined by mutual agreement between the Government and the Contractor. Contractor purchase of hardware or software tools, unless approved as part of the task order for this proposal, must be pre-approved by the NIST CO and GTM.

At the written request of the Government, the Contractor shall immediately return any property provided by the Government for the Contractor’s use to complete the assigned tasks. If not requested, the Contractor shall continue to abide by FAR Part 45 until completion of the contract.

The Government will arrange for Contractor access to NIST contractor/subcontractor data, previous studies or information that was used as a basis for development of the NIST business systems, works in progress, deliverables, and other materials essential to perform independent assessments or other activities in support of this SOO. This information will include, but not be limited to, requirements and architecture documentation, budget and expenditures information, and various planning and CONOPS documentation for the projects under study.

DOC/NIST shall own any computer software delivered by the Contractor as well as all “computer software documentation” associated with the computer software, and the “data” (including all data first produced in performance of the Task Order’s award). The definitions of the terms “computer software” and “computer software documentation” are both as stated at FAR 52.227-14(a) which FAR definitions are hereby incorporated by reference as if fully set forth herein.

As the Government is the owner of the software under this Task Order’s award, the Contractor understands and agrees that by entering this Task Order’s award, the Contractor shall not have or possess any rights to copyright or to assert copyright to the computer software, computer software documentation and to the data delivered to DOC/NIST. FAR 52.227-17 “Rights in Data—Special Works,” is hereby incorporated by reference as if fully set forth.

The Contractor workspace will be provided to contractor personnel when they are working at a NIST facility at Government request if available. Individual contractor personnel will be provided access to NIST data and network capabilities as determined by the Government after the appropriate HSPD-12 requirements have been satisfied.

VIII. ACCESSIBILITY REQUIREMENTS (Section 508)

MITRE shall adhere to all Section 508 requirements, directed by DOC/NIST.

IX. HOMELAND SECURITY PRESIDENTIAL DIRECTIVE (HSPD -12) REQUIREMENT

HSPD-12 mandates a government-wide standard for “secure and reliable forms of identification” to allow federal employees and the Contractor’s safe access to federal facilities and information systems.

X. PLACE OF PERFORMANCE

The Contractor will work primarily at contractor-owned facilities, or onsite at NIST locations in Boulder, Colorado. As approved by the Government, the Contractor may participate in conferences and meetings where relevant project issues are being discussed. Site visits to Government locations or other locations may be required to meet with contractors, system developers, operations personnel, or other NIST /Customer staff experts. Site visits will be coordinated with the NIST GTM/COR.

XI. PERIOD OF PERFORMANCE

The period of performance for the base and all options will be as follows:

Period Quantity Period of Performance

Base Period One (1) year One (1) year after receipt of order

Option Period 1 One (1) year Expiration of Base Period plus one (1) year.

XII. CLAUSES

1. 52.209-11 – Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

As prescribed in 9.104-7(d), insert the following provision:

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. (End of provision)

2. 52.209-5 Certification Regarding Responsibility Matters. (Apr 2010)

As prescribed in 9.104-7(a), insert the following clause:

(a)(1) The Offeror certifies, to the best of its knowledge and belief, that

(i) The Offeror and/or any of its Principals

(A) Are [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] have not [ ], within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) contract or subcontract; violation of Federal or State antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws, or receiving stolen property (if offeror checks have, the offeror shall also see 52.209-7, if included in this solicitation);

(C) Are [ ] are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision;

(D) Have [ ], have not [ ], within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

(i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

(2) Examples.

(i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency.

This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing.

In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.

(iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159.

The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

(ii) The Offeror has [ ] has not [ ], within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) Principal, for the purposes of this certification, 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).

This Certification Concerns a Matter Within the Jurisdiction of an Agency of the United States and the Making of a False, Fictitious, or Fraudulent Certification May Render the Maker Subject to Prosecution Under Section 1001, Title 18, United States Code.

(b) The Offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a determination of the Offerors responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror non-responsible.

(d) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a) of this provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the

Government, the Contracting Officer may terminate the contract resulting from this solicitation for default. (End of provision)

3. 52.203-14 Display of Hotline Poster(s) (Dec 2007)

(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

Treasury Fraud http://www.fiscal.treasury.gov/fsfaq Hotline Poster (2014) /FraudPoster.pdf

(Contracting Officer shall insert

(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 $5,000,000, except when the subcontract

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

(2) Is performed entirely outside the United States. (End of clause)