Attachment_0001_-_Addendum.pdf

UNCLASSIFIED

0001 Normal Duty Service

IDS and CCTV Administration, Preventative Maintenance, and Repair Services at BGAD in accordance with the Performance Work Statement (PWS). Includes scheduled and unscheduled repairs during normal duty hours.

OFFERORS ARE TO COMPLETE IN ITS ENTIRETY AND ALSO SUBMIT THE COMPLETED PRICING

SPREADSHEET WITH THEIR PROPOSAL FOR ALL CONTRACT LINE ITEM NUMBERS (CLINS).

CONTRACTORS MUST HAVE A FACILITY CLEARANCE LEVEL (FCL) OF SECRET AT TIME OF AWARD

IAW PWS.

PRICE SUBMITTAL REQUIREMENTS:

Offerors shall enter firm-fixed prices for the Base Year and all Option Years by completing the Pricing Matrix Attachment 0003. Offeror’s prices will include a breakout of their loaded labor rates (including subcontract labor) to include the base rates, indirect rates (e.g. fringe, labor overhead, G&A), and Profit. The loaded labor rates will then be applied by the proposed productive hours which will result in a Total Price for that labor category. The contractor’s detailed labor rates (including subcontract labor) will allow the Government to confirm reasonableness and compliance with the Service Contract Act rates included in the Wage Determination. All prices will be binding.

The Government reserves the right to require the submission of any data (i.e. cost or pricing data) necessary to validate the reasonableness of an offer.

An offeror’s proposal is presumed to represent their best efforts to respond this request for proposal. Any inconsistency, whether real or apparent, between promised performance and cost or price shall be explained in the proposal. Any significant inconsistency, if unexplained, raises a fundamental issue of the offeror’s understanding of the nature and scope of the work required and may be grounds for rejection of the proposal. The burden of proof as to cost/price credibility rests with the offeror. Offerors shall ensure that all costs are associated to the Performance Work Statement (PWS) and are explained or substantiated. In addition, all sections of their technical proposal have been priced.

EVALUATION NOTICE:

The Government will evaluate offers based on the overall lowest total price of the Base Year and all Four Option Years and any other price related factors required. The Total Evaluated Price (for each period of performance) will be calculated by summing: 1) Normal Duty Service (CLIN 0001), 2) Non Normal Duty Service (CLIN 0002), 3) Parts and Equipment (CLIN 0003), and 4) Honeywell Vindicator Service (CLIN 0004). The Total Contract Evaluated Price is the sum of the Total Evaluated Prices for the Base Year and all Option Years.

In addition, the offeror’s price proposal will be evaluated to determine whether the proposal reflects a thorough understanding of the PWS. The proposed productive hours will be evaluated against the PWS to determine if the contractor’s proposed effort will satisfy the PWS requirements.

If an offeror fails to submit unit prices for all CLINs, Base Year and Option Years, its proposal shall be considered unacceptable and the Government shall reject the proposal.

0002 Non Normal Duty Service

IDS and CCTV Administration, Preventative Maintenance, and Repair Services at BGAD in accordance with the Performance Work Statement (PWS). Includes scheduled and unscheduled repairs during non-normal duty hours.

0003 Parts and Equipment

Cost of all parts and equipment to be reimbursed for the administration, preventative maintenance, and scheduled and unscheduled repairs, with the exception of Government furnished equipment, during Normal or Non Normal

Duty Hours. Offeror will be reimbursed for parts and equipment, used in (CLIN 0001), (CLIN 0002), (CLIN 0004), up to the Not To Exceed (NTE) amount provided.

PRICING:

NOTE: These are ceiling price not to exceed (NTE) Line Items. The offeror’s evaluated price for CLIN 0003 will be the NTE amounts of $25,000.00 BASE YEAR and $30,000 each OPTION YEAR, plus the Fixed Material Markup Rates each year. Reimbursement for parts and equipment costs includes materials, shipping, taxes, and the Fixed Material Markup Rate. The contractor is responsible for not marking up any shipping or tax costs. The Material Markup Rate includes material handling and G&A added together (NO PROFIT) held at a fixed percentage rate throughout the period of performance. Offerors shall also submit their Fixed Material Markup Rates For BASE YEAR and each OPTION YEAR inside the Pricing Spreadsheet.

OFFERORS SHALL PROVIDE A CERTIFICATION BY A PERSON OBLIGATED TO BIND THE COMPANY

THAT THE PROPOSED MATERIAL MARKUP RATE IS EQUIVALENT TO ITS STANDARD COMMERCIAL

PRACTICE.

OFFEROR SHALL NOTIFY THE COR IN WRITING WHENEVER IT HAS REASON TO BELIEVE THAT

MATERIAL CHARGES WILL EXCEED 85.00% OF ESTIMATED COSTS SPECIFIED IN CLIN 0003 PER

EACH PERIOD OF PERFORMANCE.

As designated on the Pricing Spreadsheet, Parts and Equipment Materials (CLIN 0003), includes a NTE price of $25,000.00 BASE YEAR and $30,000 each OPTION YEAR. The NTE amount is for evaluation purposes only and is not a guarantee of dollars to be awarded during any performance year.

0004 Honeywell Vindicator Service

Honeywell Vindicator Service calls or site visits during Normal or Non Normal Duty Hours. Offeror will be reimbursed for the cost of Honeywell Vindicator Service at direct cost without any markup, used in (CLIN 0001) and (CLIN 0002), up to the Not To Exceed (NTE) amount provided.

PRICING:

NOTE: These are ceiling price not to exceed (NTE) Line Items. The offeror’s evaluated price for CLIN 0004 will be $5,000.00 each period of performance. The contractor is responsible for not marking up any materials, shipping, taxes, or Fixed Material Markup Rate costs.

OFFEROR SHALL NOTIFY THE COR IN WRITING WHENEVER IT HAS REASON TO BELIEVE THAT

HONEYWELL VINDICATOR SERVICE CHARGES WILL EXCEED 85.00% OF ESTIMATED COSTS

SPECIFIED IN CLIN 0004 PER EACH PERIOD OF PERFORMANCE.

As designated on the Pricing Spreadsheet, Honeywell Vindicator Service (CLIN 0004), includes a NTE price of $5,000.00 each period of performance. The NTE amount is for evaluation purposes only and is not a guarantee of dollars to be awarded during any performance year.

0005 Contractor Manpower Reporting (CMR)

CMR - This line item is not separately priced (NSP) from CLINs 0001, 0002, 0003, 0004.

ELECTRONIC BID SUBMISSION:

Contractors may submit proposals/ bids/ proposals electronically by email if the RFP and Pricing Matrix are filled out completely, and signed by an authorized representative, scanned, included as an attachment, and emailed to the address provided in the solicitation. All emailed proposals and attachments must be in Adobe Acrobat (.pdf) format and the RFP must be submitted in its entirety along with any amendments including contractor’s attachments, drawings, or supporting documents by the specified date and time in order to be considered for award.

NOTICE TO OFFERORS:

NOTE: OFFERORS WILL ONLY BE CONSIDERED FOR AWARD IF THEY ARE REGISTERED IN SYSTEM

FOR AWARD MANAGEMENT (SAM).

THIS IS NOT A FIRM COMMITMENT ON THE PART OF THE GOVERNMENT AND DOES NOT

CONSTITUTE AN ORDER.

ADDITIONAL REQUIRED INFORMATION:

DUNS #: ___________ (http://fedgov.dnb.com/webform)

CAGE CODE: ___________ (http://www.dlis.dla.mil/cage_welcome.asp)

TAXPAYER ID #: ______________________

HUBZone Small Business Concern? ____ Yes ____ No (check one)

(Addendum)

52.0000-0001 BLUE GRASS ARMY DEPOT LOCAL RULES AND REGULATIONS (OCT 2008)

1. Passes and Badges:

Security requirements at Blue Grass Army Depot, Richmond, Kentucky, include issuance of badges for identification purposes to personnel entering the Depot. Contractors are required to secure employee identification badges from the Security Control Office for all their employees engaged in contract performance who, as part of their employment, must enter the military reservation. No charge is made for badges if badges are returned. Contractors will be charged fifty dollars ($50.00) for each badge issued to replace lost badges or badges damaged through carelessness, negligence or misuse and no contractor employee will be permitted entry into the Depot unless he has in his possession and wears the prescribed identification badge.

2. Hours of Work: (SEE PWS)

3. Traffic:

a. The Contractor will be required to conform to Depot regulations as concerns:

(1) Designated routes

(2) Parking regulations

(3) Insurance - See Paragraph 7, INSURANCE REQUIREMENT concerning the type and amount of automobile liability insurance the contractor is required to maintain on all automobiles used by the contractor in connection with the performance of the contract. The contractor will also insure hat all private vehicles brought on the Government reservation by either the contractor or any of his employees and not used in connection with the performance of this contract are fully insured for minimum amount of personal injury and property damage liability required by the State of Kentucky.

b. Highway Barricades and Warning Signs:

The Contractor will be required to comply with Depot Regulations BGAD Reg 56-1.

4. Safety:

The Contractor will be required to comply with Depot Regulations BGAD Reg 385-1 Series.

4.1 Temporary Structures:

The Contractor will be required to comply with Corps of Engineers Manual EM 385-1-1.

4.2 Fire Prevention and Protection:

The Contractor shall comply with all fire prevention measures prescribed in the installation fire regulations, (BGAD Reg 420-4 Fire Prevention Control and Evacuation), a copy of which is on file in the office of the Directorate of Public Works, Engineering Division, Bldg S-14. A written fire permit shall be obtained from the installation fire marshal for use of open flame devices such as blowtorches, portable furnaces, tar kettles, or gas and electric welding and cutting equipment in, on, or within 15 feet of buildings. The Contractor shall be liable for any fire loss to Government property attributable to negligence on the part of the Contractor, including failure to comply with fire prevention measures prescribed by terms of this contract.

4.3 Safety and Accident Prevention:

The provisions of AMCR 385-100, Safety Manual, and Volume 37, Number 202, Part II, Dept. of Labor, Occupational Safety and Health Standards, dated October 18, 1972 will be strictly adhered to and will be available in the office of the Directorate of Public Works, Facilities Engineering Div., Bldg. S-14 for reference by Contractors.

Insurance Requirements In accordance with Insurance-Work on a Government Installation clause, FAR Reference 52.228-5, incorporated herein, the following amounts of insurance are required:

TYPE MINIMUM AMOUNTS

Workers' Compensation and Employer's Liability $100,000.00 General Liability, Bodily Injury Liability $500,000.00 per occurrence Automobile Liability $200,000.00 per person $500,000.00 per occurrence for bodily injury $ 20,000.00 per occurrence for property damage

5. Protection of Natural Resources:

The Contractor is directed to adhere to all Federal, State, and Local Laws and Regulations and to strictly follow the Statement of Work (SOW) and any plans, maps, or diagrams provided. Any question with regard to natural resources that arises during any phase of work under this contract shall be addressed to the Contracting Officer.

6. Utilities:

It has been determined by the Contracting Officer, that Government-owned and operated utility systems and supplies are adequate for the needs and use of the Contractor as well as the Government and all reasonably required amounts of water and electricity will be made available to the contractor without charge.

7. Clearing The Depot At Contract Completion:

Contractors shall clean up all work sites, remove all contractor-owned equipment and material, and shall turn in any and all badges issued to contractor personnel before final payment can be made.

CLAUSES INCORPORATED BY REFERENCE

52.204-7 52.204-13 52.204-16 52.204-19

52.223-17

System for Award Management System for Award Management Maintenance Commercial and Government Entity Code Reporting Incorporation by Reference of Representations and Certifications Affirmative Procurement of EPA-Designated Items in Service and Construction Contracts

OCT 2016

OCT 2016

JUL 2016

DEC 2014

MAY 2008

52.228-5

Insurance - Work On A Government Installation

JAN 1997

52.237-2 Protection Of Government Buildings, Equipment, And Vegetation

APR 1984

52.237-3 Continuity Of Services JAN 1991 52.237-10 Identification of Uncompensated Overtime MAR 2015 52.242-13 Bankruptcy JUL 1995 52.245-1 Government Property JAN 2017 52.245-9 Use And Charges APR 2012 252.201-7000 Contracting Officer's Representative DEC 1991 252.204-7003 252.204-7004

Control Of Government Personnel Work Product Alternate A, System for Award Management

APR 1992

FEB 2014

252.211-7007 Reporting of Government-Furnished Property AUG 2012 252.215-7007 Notice of Intent to Resolicit JUN 2012 252.223-7008 252.232-7003

252.232-7006

Restriction on Acquisition of Specialty Metals Electronic Submission of Payment Requests and Receiving Reports Wide Area Workflow Payment Instructions

MAR 2013

JUN 2012

MAY 2013

252.232-7010 Levies on Contract Payments DEC 2006

252.245-7001 Tagging, Labeling, and Marking of Government-Furnished Property

APR 2012

252.245-7002 Reporting Loss of Government Property APR 2012 252.245-7003 Contractor Property Management System Administration APR 2012 252.245-7004 Reporting, Reutilization, and Disposal SEP 2016 252.246-7003 Notification of Potential Safety Issues JUN 2013

(End of clause/provision)

52.0000-4003 DISCLOSURE OF UNIT PRICE INFORMATION (JUN 2005)

This constitutes notification pursuant to Executive Order 12600, Pre-Disclosure Notification Procedures for Confidential Commercial Information (June 23,1987), of our intention to release unit prices of the awardee in response to any request under the Freedom of Information Act, 5 USC 552. Unit price is defined as the contract price per unit or item purchased. We consider any objection to be waived unless the Contracting Officer is notified of your objection to such release prior to submission of initial proposals.

(End of clause)

52.0000-4016 CONTRACTOR MANPOWER REPORTING (CMR) (APR 2005)

The Office of the Assistant Secretary of the Army (Manpower & Reserve Affairs) operates and maintains a secure Army data collection site where the contractor will report ALL contractor manpower (including subcontractor manpower) required for performance of this contract. The contractor is required to completely fill in all the information in the format using the following web address: https://contractormanpower.army.pentagon.mil

The required information includes:

(1) Contracting Office, Contracting Officer, Contracting Officer's Technical Representative;

(2) Contract number, including task and delivery order number;

(3) Beginning and ending dates covered by reporting period;

(4) Contractor name, address, phone number, e-mail address, identity of contractor employee entering data;

(5) Estimated direct labor hours (including sub-contractors);

(6) Estimated direct labor dollars paid this reporting period (including sub- contractors);

(7) Total payments (including sub-contractors);

(8) Predominant Federal Service Code (FSC) reflecting services provided by contractor (and separate predominant FSC for each sub-contractor if different);

(9) Estimated data collection cost;

(10) Organizational title associated with the Unit Identification Code (UIC) for the Army Requiring Activity (the Army Requiring Activity is responsible for providing the contractor with its UIC for the purposes of reporting this information);

(11) Locations where contractor and sub-contractors perform the work (specified by zip code in the United States and nearest city, country, when in an overseas location, using standardized nomenclature provided on website);

(12) Presence of deployment or contingency contract language; and

(13) Number of contractor, and sub-contractor employees deployed in theater this reporting period (by country).

As part of its submission, the contractor will also provide the estimated total cost (if any) incurred to comply with this reporting requirement. Reporting period will be the period of performance not to exceed 12 months ending September 30 of each government fiscal year and must be reported by 31 October of each calendar year. Contractors may use a direct XML data transfer to the database server or fill in the fields on the website. The XML direct transfer is a format for transferring files from a contractor's systems to the secure web site without the need for separate data entries for each required data element at the web site. The specific formats for the XML direct transfer may be downloaded from the web site.

(End of Provision) https://contractormanpower.army.pentagon.mil/

52.0000-4037 U.S. DEPARTMENT OF LABOR WAGE DETERMINATIONS (MAY 1993)

ONLY THOSE ITEMS MARKED WITH AN 'X' APPLY:

[ X ] (a) The following United States Department of Labor Wage Rates Decision Number is applicable to this procurement:

Wage Determination No.: 2015-4701, Revision No.: 4, Date Of Revision: 07/25/2017 or latest version.

[ ] (b) Wage determinations of the Secretary of Labor are attached.

[ X ] (c) Wage determinations are not attached: (They are accessible at http://www.wdol.gov)

[ ] are not applicable to this solicitation.

[ ] are pending decision by Department of Labor and may be added by amendment.

52.0000-4046 OPERATIONS SECURITY (OPSEC) REQUIREMENTS (Jan 2011)

1. As defined in Army Regulation (AR) 530-1, Operations Security (OPSEC), sensitive information is information requiring special protection from disclosure that could cause compromise or threat to our national security, an Army organization, activity, family member, DA civilian or DoD contractor. Critical Information is defined as information important to the successful achievement of U.S. objectives and missions, or which may be of use to an adversary of the United States. It consists of specific facts about friendly capabilities, activities, limitations (includes vulnerabilities), and intentions needed by adversaries for them to plan and act effectively so as to degrade friendly mission accomplishment. All critical information is sensitive, but not all sensitive information is critical.

2. The Contractor shall not release sensitive information to the general public without prior written approval from the Contracting Officer. All contractor requests to release sensitive information shall be in writing and clearly explain the necessity for release of the information and consequences if approval is not granted. Contractor employees who are U.S. citizens shall be provided access to sensitive information on a "need to know" basis required to fulfill the terms and conditions of the contract. Foreign National (FN) employees’ access to information will be limited to non-sensitive information. FN access to sensitive information will be approved in writing by the Contracting Officer on a case-by-case basis, and will be strictly limited to the information that the employee must know in order to fulfill the terms and conditions of the contract.

3. The Contracting Officer will provide the Contractor with a list of known Critical Information (CI) pertinent to contract requirements and threat information pertinent to contract location as soon as possible after contract award.

Critical Information and threat information shall be used by the Contractor’s appointed OPSEC Manager to prepare an OPSEC Plan.

4. The Contractor shall be responsible for establishing and maintaining an OPSEC program to adequately manage, protect and control sensitive information that has been provided or generated under the contract. The Contractor shall prepare and submit a written OPSEC Plan to the Contracting Officer for approval IAW DD 1423/DI-MGMT- 80934C within 30 calendar days after receipt of the CI/threat information addressed in Paragraph 3 above. The Contracting Officer will coordinate with the Government OPSEC Officer and advise the Contractor in writing of the approval, conditional approval or disapproval of the plan within 10 days of receipt.

5. The Contractor shall conduct annual self-assessments of their OPSEC program and submit annual written assessments to the Contracting Officer in the anniversary month of contract award. OPSEC Assessment checklists and sample assessment responses will be provided in advance by the Government as tools to aid the Contractor in assessing their OPSEC program.

6. The Contractor shall provide OPSEC training to all employees regarding the safeguarding of sensitive information prior to employees being allowed access to such information, and annually thereafter.

7. The Contractor shall destroy all sensitive program material at the completion of the contract so as to ensure the information cannot be accessed or utilized for any purpose and notify the Contracting Officer in writing of its destruction.

8. These same requirements will flow down to all subcontractors working on or provided any sensitive information related to the contract.

(End of Clause)

52.0000-4041 POSTAWARD CONFERENCE (DEC 1991)

The Contractor agrees to attend any postaward conference convened by the contracting activity or contract administration office in accordance with Federal Acquisition Regulation subpart 42.5.

52.0000-4167 AUTHORIZED SIGNATURE (MAR 2000)

The signature on this solicitation, offer or contract should be the signature of:

(a) A Corporate Officer (President, Vice-President, Treasurer, Secretary); or,

(b) An individual authorized in writing by a Corporate Officer to bind the company to a legal document.

(End of Provision)

52.0000-4173 EVALUATION OF OFFERS (ALL OR NONE AWARD)(JUN 2003)(IOC 52.215-4507)

Award will be made to the offeror of the lowest priced quotation that meets all of the requirements of the Solicitation.

(End of provision)

52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (JUL 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 proceeding 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).

52.211-14 NOTICE OF PRIORITY RATING FOR NATIONAL DEFENSE, EMERGENCY PREPAREDNESS, AND ENERGY PROGRAM USE (APR 2008)

Any contract awarded as a result of this solicitation will be _____ DX rated order; __X__ DO rated order certified for national defense, emergency preparedness, and energy program use under the Defense Priorities and Allocations System (DPAS) (15 CFR 700), and the Contractor will be required to follow all of the requirements of this regulation.

52.211-15 DEFENSE PRIORITY AND ALLOCATION REQUIREMENTS (APR 2008)

This is a rated order certified for national defense, emergency preparedness, and energy program use, and the Contractor shall follow all the requirements of the Defense Priorities and Allocations System regulation (15 CFR https://www.acquisition.gov/

700).

52.216-1 TYPE OF CONTRACT (APR 1984)

The Government contemplates award of a firm fixed priced contract resulting from this solicitation.

52.217-5 EVALUATION OF OPTIONS (JUL 1990)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 days prior to the expiration of the contract.

52.217-9 OPTION TO EXTEND THE TERM OF THE CONTRACT (MAR 2000)

(a) The Government may extend the term of this contract by written notice to the Contractor within 15 days prior to the expiration of the contract; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 30 days before the contract expires. The preliminary notice does not commit the Government to an extension.

(b) If the Government exercises this option, the extended contract shall be considered to include this option clause.

(c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed 5 years from the start of the initial performance period.

52.232-40 PROVIDING ACCELERATED PAYMENT TO SMALL BUSINESS SUBCONTRACTORS (DEC

2013)

(a) Upon receipt of accelerated payments from the Government, the Contractor shall make accelerated payments to its small business subcontractors under this contract, to the maximum extent practicable and prior to when such payment is otherwise required under the applicable contract or subcontract, after receipt of a proper invoice and all other required documentation from the small business subcontractor.

(b) The acceleration of payments under this clause does not provide any new rights under the Prompt Payment Act.

(c) Include the substance of this clause, including this paragraph (c), in all subcontracts with small business concerns, including subcontracts with small business concerns for the acquisition of commercial items.

252.209-7999 REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX

LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW (DEVIATION 2012-O0004) (JAN 2012)

(a) In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012,(Pub. L.

112-74) none of the funds made available by that Act may be used to 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 the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the Government.

(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 the 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,

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

Signature________________________

Name___________________________

Title____________________________

Company________________________

LIST OF ATTACHMENTS AND EXHIBITS

The following list of attachments and exhibits are hereby incorporated:

-ATTACHMENT 0001: Addendum

-ATTACHMENT 0002: Performance Work Statement (PWS)

-ATTACHMENT 0003: Price Matrix

(END OF ADDENDUM)