SOW_Tents_HVAC_NTC_19_02_Final.DOCX

STATEMENT OF WORK (SOW)

TENTS WITH HVAC, LIGHTS, FLOOR, ELECTRICAL OUTLETS AND POWER GENERATION

NTC ROTATION 19-02

As of 14 MAR 17

TABLE OF CONTENTS

APPENDIX A NTC MANUEVER AREA CONTROL PLAN APPENDIX B REQUIRED INFORMATION FOR RENTAL/LEASED

GENERATORS

Requirement: The contractor shall provide the requested number of tents and clamshell packages at designated Forward Operating Bases (FOBs) and other designated locations at the National Training Center, Fort Irwin, CA as outlined in this Technical Instructions.

These tents shall be resourced with all required equipment (i.e. lighting, Astro Turf flooring, doors, walls, and generators to power lights and ample outlets) throughout the tent; to include Heating Ventilation and Air Conditioning (HVAC) and the power generation to power them.

1.0 PERIOD OF PERFORMANCE (POP) AND LOCATIONS

1.1 Rotation 18-03

1.2 The contractor assumes full responsibility for tents and clamshell packages left assembled between periods of performance.

Location

QTY

Dates

Days

Equipment-

Type

Days

7500 sq. ft. tents with HVAC, power generation, lighting, flooring, and power distribution package.

YERMO

10OCT18-21OCT18

HVAC

Aid Station Building 828

14OCT18-16NOV18

800 sq. ft. tents with HVAC, power generation and lighting

FASP

19OCT18-19NOV18

LAKE

2000 sq. ft. tents with HVAC, power generation and lighting

ATHP

02NOV18-09NOV18

800 sq. ft. tents with HVAC, power generation and lighting

ATHP

02NOV18-09NOV18

NOTE 1: Location(s) and/or quantity may be subject to change. Due to the nature of the training exercises conducted, the period of performance (POP) dates may shift slightly. In the event this happen, the contracting Officer will notify contractor within 12- 24 hrs to make adjustments accordingly. The U.S. Government shall not be charged for equipment returned early. In the event of a reduction in the period of performance the contract will be modified to reflect the change and the U.S. Government will receive credit for unused leased days.

NOTE 2: The Government does reserve the option to vary quantities by+/- 30% due to operational requirements and to make multiple awards to meet said requirements.

2.1 CLIN STRUCTURE

2.2 Price for delivery, set-up, tear down and removal with related equipment are included in the price for each tent/HVAC unit. Unused days of performance will be prorated on a daily basis. The Contracting Officer will notify the contractor in writing should performance end prior to the period of performance. This will ONLY apply to those tents that are put together in its entirety and ready for performance.

2.3 Relocation of spotted tents with equipment dropped or erected tents 50% or less, must be agreed upon by ALL parties (Contracting Officer, contractor, COR). Government established rate is $ 750.00.

2.4 Relocation of spotted erected tents at 51% or greater, must be agreed upon by ALL parties (Contracting Officer, contractor, COR). Government established rate is $ 2,000.00.

3.1 SCOPE

3.2 The contractor shall be responsible for furnishing all materials, labor and equipment necessary to deliver, set-up, maintain, tear down, and remove clear span type structures per scope of work, to be used in different sites, at the National Training Center (NTC), Fort Irwin, CA.

3.3 All equipment must be designed and capable to operate within the harsh environment of the National Training Center (NTC), Fort Irwin, CA on a sustained basis and with minimal mean times between failures during the period of performance.

3.4 Each clear span structure shall include full sidewall panels, lighting, 120v GFCI protect receptacles, Astroturf flooring, fire extinguishers, and power generation sufficient to power the lights and HVAC system. The contractor shall provide sufficient power generation and power distribution to meet the structures intended use such as a command post, first aid station, sleep tent, maintenance tent, etc.

3.5 The contractor shall provide 24 hour repair and replacement services for the leased equipment and be onsite where the equipment is located for technical inspection and repair within a maximum of 4 hours of any service call.

3.6 The contractor shall repair or replace faulty equipment within 8 hours from the time the contractor is notified of the initial fault by the Contracting Officers Representative or the Contracting Officer. This 8 hours starts at time of fault notification and does not include the time to troubleshoot or attempt repairs on a faulty system.

3.7 The contractor shall ensure tents, generators, HVAC units, and associated equipment is delivered with all necessary parts in accordance with the operator’s manual.

3.8 The contractor shall deliver all equipment with a full tank of fuel.

3.9 The contractor shall coordinate for exact placement with the Contracting Officers Representative (COR) assigned to the contract specific to the location where work is to be performed.

3.10 All equipment will be in place and fully operational no later than 1500 PST on the first day of the period of performance. The contractor and the COR will conduct a joint inspection of the equipment to ensure that equipment is serviceable and requirements are met according to this technical instruction no later than 3 hours prior to 1500 PST on the first day of the period of performance (POP). The COR and contracting officer may schedule an earlier inspection date

4.1 TENT STRUCTURE REQUIREMENT(S) & SPECIFICATIONS

4.2 All structures shall be Clear Span type or equivalent, which provide occupants a weatherproof environment from dust storms, rain, and the harsh environment at the National Training Center.

4.3 All structures shall be designed and installed to prevent dust and sand from entering the structure when doors are closed. The contractor shall properly seal any gaps at floor, ceiling, or sidewall to meet this requirement. The structure will be designed and installed to properly protect electronic equipment and personnel from dust intrusion.

4.4 The sidewalls must be properly secured along the full length of the tent at the bottom, in contact with the ground and bermed with dirt or sand bags sufficiently enough to create a weatherproof seal from the environment and to prevent the sidewalls from lifting up during heavy winds. Rocks will not be used to secure tent flooring.

4.5 Structures must possess, at a minimum, a 70 MPH wind load rating, in accordance with International Building Code.

4.6 All structures will be set up a minimum of 20 feet apart from each other.

4.7 All sidewalls, ceilings, tie downs, and bracing will be installed so as to prevent excess vibration and noise during high winds.

4.8 Each structure shall be configured to provide two (2) hinged doors capable of being latched shut, one located at each end.

4.9 All heating and cooling ventilation ducting shall be installed through a penetration sidewall. The penetration on the sidewall must have a collar to secure the ducting for proper insulation. Ducting shall not be installed with gaps, under the bottom of sidewalls, nor between sidewall sections.

4.10 All structures shall be erected using materials free of mold, mildew, or excessive soiling.

5.1 FIRE EXTINGUISHERS

5.2 The contractor shall be responsible for furnishing fire extinguishers to meet all necessary Fort Irwin safety standards for the size and usage type of structure.

5.3 All fire extinguishers will be fully charged and mounted with sidewall brackets secured to the wall approximately from the floor and near each entrance of the tent

6.1 POWER GENERATION AND ELECTRICAL

6.2 All internal combustion equipment supplied under this contract must operate on ULSD fuel, IAW California Code of Regulations Title 13, Section 2477, Airborne Toxic Control Measure for In-Use Diesel-Fueled Transportation Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate.

6.3 The contractor is responsible for providing information as prescribed in Annex B of these Technical Instructions for all leased and rented power equipment. The contractor shall be found liable for any misrepresented information or failure to comply with the standards prescribed within Appendix B.

6.4 The contractor must label their equipment near the fuel tank with the wording “Diesel Fuel Only”.

6.5 The contractor shall ensure generators are delivered with all necessary parts in accordance with the operator’s manual.

6.6 The contractor shall deliver all power generation equipment with a full tank of fuel. The Government shall not be responsible for returning power generation or other equipment with a full tank or pay to refuel the equipment at the end of the period of performance.

6.7 The Government will be responsible for providing fuel to the supplied equipment during the period of performance.

6.8 The equipment must withstand 70+mph wind gusts of the Fort Irwin, CA desert area.

6.9 For structures designated and used as command posts, the contractor shall have one backup generator on site in the event of primary generator failure. The contractor shall be onsite for technical inspection or repair within a maximum of 4 hours of any service call and place the tent on backup power generation until repairs can be made to the primary generator. The backup generator shall be equal or greater in size and capability to the primary generator. All backup generators utilized in the event of primary failure shall not incur a charge for that day’s service or any additional cost to the Government.

6.10 Lighting fixtures shall be of adequate size and light disbursement as to operate an office facility inside the tent.

6.11 GENERATORS MUST BE PROPERLY GROUNDED WITH A GROUNDING ROD.

6.12 Each generator will have a minimum run-time of 18 hours, under full load, with one (1) full tank of fuel. The primary generator shall be sized to supply the required 120 volt, AC power, to each structure, 24 hours a day, and 7 days per week for the duration of the contract.

6.13 Each Heating Ventilation and Air Conditioning (HVAC) shall be sized in order to maintain a temperature, in each structure, between 68 and 80 degrees at all times. The contractor shall use a combination of properly sized HVAC units or tent liners to meet this requirement. The contractor shall account for the temperature of personnel and equipment operating within each structure when calculating the necessary equipment in order to meet the requirements of this Technical Instructions.

6.14 The contractor shall ensure all HVACs are safe for utilization in living and office areas. The contractor shall provide all HVACs with all necessary parts and equipment.

6.15 All electrical connections are to be made in the structures’ interior, where possible.

6.16 Power cables are to be buried at a minimum under roads and access ways around structures. All power cables will be installed as to prevent a tripping hazard to personnel operating within or around the structures. All power cables are to be buried as designated by the Contracting Officer Representative.

6.17 Electrical generation and all electrical components shall meet applicable requirements of the National Electrical Code (NEC) for temporary out of doors, wet and windy locations. All electrical power generation and any distribution equipment systems shall be grounded according to NEC requirements.

6.18 To reduce downtime and outages, twist lock connections are required of all 120v AC electrical wiring and components.

7.1 TERMS

7.2 The Government will not be responsible for returning generators with a full tank or pay to refuel the equipment at the end of the Period of Performance.

7.3 The Government will not be responsible to return leased equipment clean and will not be charged for cleaning expenses.

7.4 The contractor shall provide 24 hour repair and /or replacement services for the leased equipment and be on-site where the equipment is located for technical inspection/repair within a maximum of 4 hours of any service call.

7.5 The contractor shall repair or replace faulty equipment within 8 hours from the time the contractor is notified of the initial fault by the Contracting Officers Representative or the Contracting Officer. This 8 hours starts at time of fault notification and does not include the time to troubleshoot or attempt repairs on a faulty system.

7.6 Location(s) and/or quantity are subject to change. Due to the nature of the training exercises conducted, the period of performance (POP) dates may shift slightly. In the event this happen, the contracting Officer will notify contractor within 12- 24 hrs to make adjustments accordingly. The U.S. Government shall not be charged for equipment returned early. In the event of a reduction in the period of performance the contract will be modified to reflect the change and the U.S. Government will receive credit for unused leased days.

7.7 The contractor shall remove all contracted leased equipment from the specified location(s) within 48 hours after the period of performance end date. The contractor shall not remove equipment on the final day of the period of performance unless specifically coordinated with the designated COR or Contracting Officer.

7.8 All equipment shall be delivered in accordance with specifications of this technical instruction no later than 1300 PM PST on the first day of the Period of Performance.

7.9 Project Manager and Supervisors

7.9.1 The contractor shall provide adequate project management and supervision to ensure equipment is delivered on time and work is completed in accordance with this technical instruction. The project manager shall have full authority to act for the contractor during performance of work.

7.9.2 Upon award the contractor shall provide in writing the telephone number(s) of the project manager(s) so that he/she may be contacted at all times during & after normal work hours. The project manager shall contact Government personnel within two hours of a request from the Contracting Officer or Contracting Officer representative.

7.10 Identification of Contractor’s Employees

7.10.1 Each employee of the contractor shall conspicuously display on his/her person while performing services in accordance with resultant contract, an identification card, which shall include the full name of the employee, the legal name under which the contractor is doing business, and a badge serial number.

7.10.2 When directed by the Contracting Officer, the contractor shall remove any employee from assignment to perform services under this contract for any reasons of misconduct or breaches of security in connection with his/her employment. This will be verified by the Law Enforcement Agency on National Training Center, Fort Irwin.

7.11 Lost and Found Property. It is the responsibility of the contractor to ensure all articles of possible personal or monetary value found by the contractor's employees are turned in to the Security Office, or the Provost Marshal's Office (PMO) Fort Irwin, California.

7.12 Unforeseen Post/Range Closures. When an unforeseen post closure occurs on a regular scheduled day of work, the contractor shall not be required to perform the work scheduled for that day. Services shall be performed upon access to previously closed areas being granted. Failure to perform services could result in health and safety issues.

7.13 Range Clearance and Road Closures. The contractor shall obtain a Range Pass from

Range Support and ensure Range Support is contacted before entering any range area. In addition, the contractor shall ensure employees contact the Live Fire Operations Non- Commissioned Officer in Charge, directly at (760) 380-4434, prior to making any trips down range during Live-Fire Week. Communication with range control is the responsibility of the contractor. See appendix A for additional instructions to required documentation necessary to access the training areas.

7.14 The contractor shall provide communications capability for the Project Manager to allow constant communications contact between Project Manager, Range Control, the Contracting Officer, and the Live Fire Operations NCOIC. Each of the contractor’s trucks shall be equipped with communications equipment to allow for constant communication between project manager, range control and drivers. If radios are to be used for communications, frequencies must be coordinated through Spectrum Management, and the contractor must provide a radio to the Contracting Officer for the duration of the contract.

7.15 The contractor shall not enter restricted or off-limit areas.

7.16 Hours of Operation. Services under this contract shall be performed daily, including Saturday, Sunday and Federal Holidays.

7.17 Government Furnished Property and Services. The Government will furnish no materials, equipment, or services.

7.18 Contractor Furnished Property, Equipment, and Services.

7.18.1 Each item of equipment or property furnished under this contract shall be in safe operational condition, and shall comply with the Federal Safety Standards, the American National Standards, and State Safety Regulations applicable to this equipment or property.

7.18.2 All materials necessary for provision of services described herein shall be provided by the contractor. When not in use under the terms of this contract, units may be stored at the contractor's facilities.

7.18 Contracting Officer’s Representatives (CORs) and their authority

7.18.1 The Contracting Officer may designate individual(s) to act as the Contracting Officer's Representative(s) (COR) under this contract. Such designations will be made by letter from the Contracting Officer with an information copy furnished the contractor. The COR will represent the Contracting Officer in the administration of the contract but will not be authorized to change any of the terms and conditions of the contract.

7.18.2 No oral statements of any person, whosoever will in any manner or degree modify or otherwise affect the terms of this contract. The Contracting Officer shall be the only person authorized to approve changes in any of the requirements under this contract, notwithstanding any provisions contained elsewhere in this contract, and said authority shall remain solely with the Contracting Officer. COR's shall be limited to the authority specified in their letter of appointment.

7.18.3 The Brigade COR Information will be included at time of award.

8.1 CLAIMS

8.2 The contractor shall provide a copy of all pre- and post-inspection/acceptance sheets. Claims must be provided to the Contracting Officer Representative and Contracting Officer.

8.3 If a claim is submitted, it shall require the joint inspection pre-and post- inspection/ acceptance sheets to accompany the claim form. Both shall be provided to the Contracting Officer at the time of claim submission. The pre-and post- inspection/acceptance sheets shall only be signed by the authorized receiving representative that is indicated in the contract. Inspection/acceptance sheets shall be signed and dated. Both parties’ names shall be printed legible and signed.

8.4 If a claim is submitted without the pre-and post-inspection/acceptance sheets, the claim is subject to be denied. The contractor must submit their claim invoice in the following format:

Item Description

VIN/Serial Number Concise Damage Description to include date

Repair and Material Cost

Authorizing COR

APPENDIX A

NTC MANUEVER AREA CONTROL PLAN

1. Purpose. The National Training Center (NTC) and Fort Irwin have established Maneuver Area Control Operational Procedures and Activities within the NTC Training Area to ensure training fidelity, safety and compliance with NTC and Army Regulations. The Maneuver Area Control Operational Procedures ensure that NTC has control over personnel entering and using the NTC maneuver area for tactical, training and support purposes.

2. Applicability. Maneuver area control procedures are applicable to all personnel (both military and civilian) who enter the training area in a non-tactical vehicle.

3. Responsibility. Organizations and activities requiring military, civilians or contractors access to the range complex are responsible for all approvals required by range regulations, SOPs and this directive. Sponsors will ensure that users understand the requirements and have the required equipment. Sponsors are the first source of Range Communications Systems (RCS) radios. If RCS radios are not available, Range Support will issue an RCS for the duration of the requirement only.

4. Range Passes. Range Access passes will be issued only when the following criteria are met and only for the duration of the requirement:

NOTE: Increased security may delay contractors’ delivery time. It is the contractors’ responsibility to plan and prepare prior to the beginning of the period of performance to gain access to the installation.

(a) Valid driver’s license for type vehicle used.

(b) Valid range briefing and safety card.

(c) Possession of training area access handbook.

(d) Proof of need to go down range is contract number and period of performance (not the contract, work order, etc.)

5. Range Safety Briefings and Range Cards. All users of the training area are required to have received the range safety briefing within the last year and must carry and present the range card on demand. Range cards are valid for the calendar year from 1 January to 31 December. Personnel who do not have a range safety card must be escorted in the maneuver area by a range safety card holder who accepts the responsibility for their control while down range.

6. NTC Vehicle Markings. All Non-Tactical Vehicles (NTV) that enter the training area are required to have the required Physical Markings. Vehicles will be marked on the left and right door and the front with markings that are clearly legible from 100 feet and indicate the parent or sponsor of the vehicle. Markings can be permanent, magnetic or other type signs that are temporarily used. Range Support will also have generic vehicle ID signs for vehicle not having other required markings. Rotation markings (such as UN or IP) may be used in addition to the identifying signs.

7. Range Communications. Range communications downrange must be maintained in one of two ways. FM communication may be used on the Range control frequency (38.90). The Range Communications System (RCS) radio is the other permissible means. Cell phones are not permissible communications means unless specifically approved by the NTC Chief of Staff. NTVs will not be allowed into the training area without an operating RCS or an escort of a vehicle with an operational RCS.

8. Checkpoints. Checkpoints will serve as the entry control points to the maneuver area for all non-tactical vehicles (NTV) entry into the maneuver area. The checkpoints may not be bypassed by non-tactical vehicles. All NTVs will be physically checked for compliance (marking, range pass, range safety card, commo means) before admittance to the maneuver area. All checkpoints will be clearly marked with warning signs and access instructions. Common bypass routes will be clearly marked with instructions to use the nearest checkpoint.

Checkpoint Locations:

(1) North -- Barstow Road at the water tower.

(2) East -- Langford Lake Road east of the cantonment area.

(3) West -- NASA Security Checkpoint (on the tank trail)

(4) South -- Fort Irwin Road tank trail vicinity NU233967

9. Violators and Enforcement. Military personnel and range patrols are authorized to require violators to leave the maneuver area. Other personnel are encouraged to report violations to Range Support for action. The Range Control Officer will withdraw or suspend installation training area privileges upon determination that any person, organization or agency willfully violated this directive, local range regulations and procedures; or from any person whose ability or conduct is incompatible with the safe use of Government range facilities.

10. The contractor is responsible for completing all necessary documentation below to gain access to the training area and ranges.

Contractor’s Letterhead

Contractor’s Office Symbol (Date)

MEMORANDUM THRU OPERATION GROUP, ATTN: Lizard 02 (Bldg 588, phone 380- 4424) G3 – TSD, ATTN: Range Officer (Bldg 6100, phone 380-4624)

FOR RANGE CONTROL OFFICE, ATTN: Range Operations Officer (Bldg 6100, phone 380-3875)

SUBJECT: Request for Rotation Support Range Access Pass

1. Requesting Organization: (MIL, GOV, Contractor/Address/Duty phone)

2. Purpose: (Type of support/units being supported)

3. Dates: (Dates passes will be needed for) must have/know contract/award number and period of performance.

4. Escort and Radios: (Unit vehicles will be escorted by [whom?]/unescorted and have what type of radio equipment)

5. Vehicle/Personnel Roster: The following personnel have attended the Range Safety Certification class and will be operating the indicated vehicle. Please approve the following (organization) personnel an Annual./Rotation/Temporary Range Access Pass for the duration of the rotation.

NOTE: License of the below will be provided to receive range access.

(name) (name) (name)

(vehicle #2) (vehicle #3) (plate #1) (plate #2) (plate #3) (leave blank) (leave blank) (leave blank)

6. Emergency Points of Contact: Name(s), Duty Position(s), 24-hour emergency phone number(s).

7. POC for this request is (NAME) @ (POC #).

Contractor’s Signature

BELOW FILLED OUT BY RANGE CONTROL

Contract Verification/Work Order

Driver’s License

Handbook

Range Safety Card Number/ EXP

RCS or FM Radio

ANNUAL/TEMPORARY/ROTATION PASS

APPENDIX B

REQUIRED INFORMATION FOR RENTAL/LEASED GENERATORS

For rental generators being brought on post, the engine that powers the generator must have a valid air permit issued from the Mojave Desert Air Quality Management District (MQAQMD) or a State registration issued by the California Air Resources Board (CARB) if the engine has a rating of 50 brake horsepower (bhp) or greater.

Prior to bringing the equipment on post, a valid permit from the MDAQMD for each engine or a valid CARB registration for each engine shall be provided to installations Air Quality Program Manager and Contracting Officer. Upon arrival of the engine(s), the Air Program Manager will reconcile the air permit or state registration against the engine(s) to ensure that the engines are in compliance.

Below is the Air Program Manager information for submission of documentations. Contracting Officer’s information can be obtained from the contract and/or the Contracting Officer.

Mark Burns, Air Program Manager IMSW-IRW-PWE, Bldg 602 P.O. Box 105085 Fort Irwin, CA 92310-5085 Phone: (760) 380-3737 Fax: (760) 380-2677

In the event that you bring generators onto the installation without prior approval from the Air Program Manager, your generators will be removed until certification can be validated. If at any time during the performance period your generators are found to be without the proper permit or approval, you will be considered non-compliance of your contractual obligation. You will be subject to a daily deduction in accordance with the liquidation damage rates in FAR Part 52.211- 11 until you provide the requisite number of properly permitted units. Below is the sample of the information you are required to submit: Please include the award number on this sample being submitted.

Contracting Officer:

Contract Specialist:

Brigade Contracting Officer Representative:

OFFICE OF THE UNDER SECRETARY OF DEFENSE

3000 DEFENSE PENTAGON

WASHINGTON.DC 20301-3000

DEC 2 9 2014

ACQUISITION. TECHNOLOGY AND LOGISTICS

In reply refer to OARS Tracking Number: 2015-00005

MEMORANDUM FOR COMMANDER, UNITED STATES SPECIAL OPERATIONS

COMMAND (ATTN:ACQU ISlTION EXECUTIVE) COMMANDER , UN ITED STATES TRANSPORTAT ION COMMAN D (ATTN : ACQUISITlON EXECUTIVE) DEPUTY ASSISTANT SECRETARY OF THE ARMY

(PROCUREMENT)

DEPUTY ASSISTANT SECRETARY OF THE NAVY (ACQUISITION AN D PROCUREMENT)

DEPUTY ASSISTANT SECRETARY OF THE AIR FORCE (CONTRACTfNG)

DIRECTORS OF THE DEFENSE AGENCIES DIRECTORS OF THE DOD FIELD ACTIVITIES

SUBJECT: Class Deviation-Prohibition Against Using Fiscal Year 2015 Funds to Contract with Corporations that Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law

Effective immediately, funds made available by the Consolidated and Further Continuing Appropriat ions Act, 2015 (Pub. L. 113-235) or any other Act, may not be used to enter into a contract with any 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, 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; or

· 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 further action is not necessary to protect the interests of the Government.

Contracting officers shall include the attached provision in all solicitations that will use funds made available by the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 1 13-235) or any other Act, including solicitations for the acquisition of commercial items under FAR part 12, and shall apply the following restrictions:

The contracting officer shall not award a contract to any corporation that provides an affinnative response to either of the representations in the provision at 252.209-7992 (Attachment) regarding any unpaid Federal tax liability or a conviction of a felony criminal violation of Federal law within the preceding 24 months, unless the agency debarring and suspending official has considered suspension or debannent of the corporation and has made a written detennination that this further action is not necessary to protect the interests of the Government. Upon receipt of an affinnative response to the representation, contracting officers shall consult with the agency debarring and suspending official.

This class deviation is effective upon signature, and remains in effect until incorporated inthe FAR or DFARS or otherwise rescinded. My point of contact is Ms. Sandra Ross, who may be reached at 703-695-9774, or Sandra.k.ross28.civ@mail.mil.as. ent and Acquisition Policy

Attachment: As stated

Attachment OARS Tracking Number: 2015-00005 Class Deviation-Prohibition Against Using Fiscal Year 2015 Funds to Contract with Corporations that Have an Unpaid Delinquent Tax Liability or a Felony Conviction under Federal Law

252.209-7992 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law Fiscal Year 2015Appropriations .

Include the attached provision in all solicitations that will use funds made available by the Consolidated and Continuing Appropriations Act, 2015 (Pub. L. 113-235), including solicitations for the acquisition of commercial items under FAR part 12.

REPRESENTATION BY CORPORATIONS REGARDING AN UNPAID DELINQUENT TAX LIABILITY OR A FELONY CONVICTION UNDER ANY FEDERAL LAW-FISCAL YEAR 2015 APPROPRIATIONS

(DEVIATION 2015-000005) (DEC 2014)

(a) In accordance with sections 744 and 745 of Division E, Title VII. of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 1 13-235), none of the funds made available by this or any other 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; 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 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) Itis [] 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.

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