Inactive Total Small Business Set-Aside (FAR 19.5)

6/30/2020: Amendment A00005 This amendment (A00005) has been posted to revise the Combined Synopsis/Solicitation for the Overhead Crane & Column-Mounted Jib Cranes, revise the Performance Work Stateme... 6/30/2020: Amendment A00005 This amendment (A00005) has been posted to revise the Combined Synopsis/Solicitation for the Overhead Crane & Column-Mounted Jib Cranes, revise the Performance Work Statement (PWS), and answer questions from Industry. Quotations shall be submitted via email to the Contract Specialist, Linda Lassiter at linda.b.lassiter@uscg.mil by Thursday, 9 July 2020 @ 11:00am EST. ADDITIONAL NOTES: 1. Although briefly discussed at the site visit on 18 June 2020, there will be no partial payments, progress payments, performance based payments, or any other type of government financing for this requirement. Any quotation that includes such payments shall be determined unacceptable and shall be eliminated from further consideration. Please review FAR 52.232-15 Progress Payments Not Included. 2. Please review the Addendum to FAR 52.212-1 Instructions to Offeror - Commercial Items for the quotation submission instructions. Quotations that fail to follow these submission requirements shall be determined unacceptable and shall be eliminated from further consideration. 6/19/2020: Amendment A00004 This is a notice to inform potential offerors that after industry feedback from the site visit held on 6/19/2020, the PWS will need additional revisions. The due date for quotation submissions will be extended once the new PWS is posted. 6/11/2020: Amendment A00003 This amendment (A00003) has been posted to revise the Combined Synopsis/Solicitation for the Overhead Gantry Crane & Column-Mounted Jib Cranes. This revision includes an updated Performance Work Statement (PWS) and an updated Solicitation, both of which are attached. Any questions must be submitted to Contract Specialist, Linda Lassiter, at linda.b.lassiter@uscg.mil by Thursday, 18 June 2020 @ 3:00pm EST. No questions will be accepted after this time. Quotations shall be submitted via email to the Contract Specialist, Linda Lassiter at linda.b.lassiter@uscg.mil by Wednesday, 24 June 2020 @ 11:00am EST. ADDITIONAL NOTES: 1. Please review the Addendum to FAR 52.212-1 Instructions to Offeror - Commercial Items for the quotation submission instructions. Quotations that fail to follow these submission requirements shall be determined unacceptable and shall be eliminated from further consideration. 2. Please review FAR 52.232-15 Progress Payments Not Included. There will be no progress payments, performance based payments, or any other type of government financing for this requirement. Any quotation that includes such payments shall be determined unacceptable and shall be eliminated from further consideration. 3. Site Survey: In an effort to promote clear communication of government requirements for this acquisition, a site visit is scheduled for Thursday, 18 June 2020 @ 10:00 am EST at the following location: USCG Yard 2401 Hawkins Point Road Baltimore, MD 21226-5000 POC: LTJG Katherine Beasley Phone: (410) 636-3470 Email: Katherine.a.beasley@uscg.mil Companies interested in participating in the site visit will need to contact the POC listed above via email at least 24 hours prior to scheduled date, with individual's names for Yard access (limit 2 people per company). All contractor personnel who attend must be a U.S. Citizen and have a valid U.S. Driver’s License, which will be presented to the Security Officer at the main gate. Hard hats, safety glasses and closed toe shoes are required to access the site. We will meet at the front gate at 9:45 to ensure everyone gets through the gate. Late attendees will not be granted access to the Yard. Please note that the date and location may be subject to change due to unforeseen delays, and the Government cannot be held liable for any costs incurred by you or your company should there be any unforeseen changes to the event. Attendance at site visit, while encouraged, is completely voluntary. Any known changes to the scheduled date will be communicated in writing via solicitation amendment. Plan on no more than 2 hours for the site visit. Prospective bidders are responsible for visiting the site to verify existing conditions and determine actual dimensions and the nature of the work required. Failure to visit the site does not relinquish the prospective bidder from determining the extent and scope of the work required and estimating the difficulty and cost to complete the project. Requests for equitable adjustments, in either time or money, arising from failing to field verify site conditions shall be denied. Provisions regarding the site visit requirements are outlined in FAR Clause 52.237-1 “Site Visit”. 4/24/2020: Amendment A00002 The attached amendment (Amendment A00002) has been issued to provide clarification to the previously posted questions from industry related to this solicitation. The due dates for the quotations has NOT been extended. Quotations are due Wednesday, April 29th at 11:00 am EST. Please email Linda Lassiter at linda.b.lassiter@uscg.mil, with a copy also being sent to Kimberly Milewski at kimberly.milewski@uscg.mil. 4/17/2020: Amendment A00001 The attached amendment (Amendment A00001) has been issued to to address questions from industry related to this solicitation. Two Drawings (A00001_BLDG 5 Dwg and A00001_Engine Overhaul Facility) and pictures (A00001_Crane Pictures) have also been attached. The due dates for the quotations has been extended to Wednesday, April 29th at 11:00 am EST. Please email Linda Lassiter at linda.b.lassiter@uscg.mil, with a copy also being sent to Kimberly Milewski at kimberly.milewski@uscg.mil. NOTICE FOR FILING AGENCY PROTESTS United States Coast Guard Ombudsman Program It is the policy of the United States Coast Guard (USCG) to issue solicitations and make contract awards in a fair and timely manner. The Ombudsman Program for Agency Protests (OPAP) was established to investigate agency protest issues and resolve them without expensive and time-consuming litigation. OPAP is an independent reviewing authority that is empowered to grant a prevailing protester essentially the same relief as the Government Accountability Office (GAO). Interested parties are encouraged to seek resolution of their concerns within the USCG as an Alternative Dispute Resolution (ADR) forum rather than filing a protest with the GAO or some external forum. Interested parties may seek resolution of their concerns informally or opt to file a formal agency protest with the Contracting Officer or Ombudsman. Informal Forum with the Ombudsman. Interested parties who believe a specific USCG procurement is unfair or otherwise defective should first direct their concerns to the applicable Contracting Officer. If the Contracting Officer is unable to satisfy their concerns, interested parties are encouraged to contact the U.S. Coast Guard Ombudsman for Agency Protests. Under this informal process the agency is not required to suspend contract award performance. Use of an informal forum does not suspend any time requirement for filing a protest with the agency or other forum. In order to ensure a timely response, interested parties should provide the following information to the Ombudsman: solicitation/contract number, contracting office, Contracting Officer, and solicitation closing date (if applicable). Formal Agency Protest with the Ombudsman. Prior to submitting a formal agency protest, protesters must first use their best efforts to resolve their concerns with the Contracting Officer through open and frank discussions. If the protester’s concerns are unresolved, an Independent Review is available by the Ombudsman. The protester may file a formal agency protest to either the Contracting Officer or as an alternative to that, the Ombudsman under the OPAP program. Contract award or performance will be suspended during the protest period unless contract award or performance is justified, in writing, for urgent and compelling reasons or is determined in writing to be in the best interest of the Government. The agency’s goal is to resolve protests in less than 35 calendar days from the date of filing. Protests shall include the information set forth in FAR 33.103(d) (2). If the protester fails to submit the required information, resolution of the protest may be delayed or the protest may be dismissed. To be timely protests must be filed within the period specified in FAR 33.103(e). Formal protests filed under the OPAP program should be submitted electronically to OPAP@uscg.mil and the Contracting Officer or by hand delivery to the Contracting Officer. Election of Forum. After an interested party protests a Coast Guard procurement to the Contracting Officer or the Ombudsman, and while the protest is pending, the protester agres no to file a protest with the GAO or other external forum. If the protest is filed with an external forum, the agency protest will be dismissed. The Ombudsman Hotline telephone number is 202.372.3695. INSTRUCTIONS TO OFFEROR This is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6 as supplemented with additional information in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. This Solicitation incorporates provisions and clauses in effect through Federal Acquisition Circular 2020-05, effective 30 March 2020. This requirement is being solicited using Federal Acquisition Regulations (FAR) Part 12, Acquisition of Commercial Items and FAR Part 13.5 Simplified Procedures for Certain Commercial Items. Provision at 52.212-1, Evaluation-Commercial Items is applicable. This solicitation is a Request for Quote that will result in the award of a firm fixed price contract. A written notice of award or acceptance of an offer, e-mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Any questions concerning this solicitation must be submitted as Request for Information (RFIs) via e-mail only to linda.b.lassiter@uscg.mil no later than 13 April 2020 at 11:00 AM (EST). By submission of a quote, the Offeror(s) acknowledges the requirement that prospective awardee must have an active registration in the SAM database prior to award, during performance, and through final payment of any contract resulting from this quote. Lack of active registration in the SAM database will make an Offeror ineligible for award. Offeror(s) may obtain information on registration and annual confirmation requirements by calling 1-888-227-2423, or at: http://www.beta.SAM.gov. Quote(s) shall be submitted via e-mail to the Contract Specialist, Linda Lassiter at linda.b.lassiter@uscg.mil, no later than 20 April 2020 at 11:00AM (EST). All submissions shall include “70Z04020Q61092Y00” in the subject line of the email. Offeror(s) shall submit a complete price schedule. All line items must be priced to be considered for award. Quotes providing partial pricing shall be considered non- responsive. The Government may require additional pricing information to assist in determining the extent to which the price is fair and reasonable and the pricing information shall be provided if requested. The Government will evaluate quotes for award purposes by adding the total of all CLIN prices to ensure that pricing is not unbalanced. U.S. COAST GUARD INSPECTIONS AND ACCEPTANCE (DESTINATION) Inspection and acceptance is FOB Destination. Acceptance will be contingent upon the Government’s Representative verification of no damage in transit, correctness and completeness of installation, Contractors conformance to all the requirements identified in the Performance Work Statement, and successful demonstration of the performance requirements. PLACE OF PERFORMANCE. U.S. Coast Guard Yard 2401 Hawkins Point Road Baltimore, MD 21226-5000 SCHEDULE OF SUPPLIES OR SERVICES AND PRICES/COSTS The Contractor shall provide the following items in accordance with the Performance Work Statement (PWS), Attachment 1. Insert the unit price for all CLINs listed in the Schedule unless “NSP” is printed in the Unit Price column for any CLIN. “NSP” means “Not Separately Priced”. CLIN No. Description Qty. Unit of Measure Unit Price Total Amount 0001 20-Ton Overhead Gantry Crane 1 Ea. $ $ 0002 Column-Mounted Jib Crane 9 Ea. $ $ 0003 Design for Footers and Pilings 1 Ea. $ $ 0004 Installation, Testing, Certification, and Training 1 JB $ $ 0005 Project Schedule with Gantt Chart 1 Ea. NSP NSP 0006 Test Plan 1 Ea. NSP NSP 0007 Technical Manuals 2 Sets NSP NSP FAR 52.211-8 TIME OF DELIVERY (JUN 1997) The Government requires delivery to be made according to the following schedule: Required Delivery Schedule: Overhead Gantry Crane and Column-Mounted Jib Cranes CLIN No. Description Qty Within Calendar Days From 0001 20-Ton Overhead Gantry Crane 1 ea. 120 days after Contract Award 0002 1.5-Ton Column-Mounted Jib Crane 9 ea. 120 days after Contract Award 0003 Design for Footers and Pilings 1 ea. Draft with proposal Final 20 days after Contract Award 0004 Installation, Testing, and Certification 1 JB Schedule to be Determined 0005 Project Schedule with Gantt Chart 1 ea. Draft with proposal Final 30 days after Contract Award 0006 Test Plan 1 ea. Draft with proposal Final 30 days after Contract Award 0007 Technical Manuals 2 sets 30 days prior to training The Government will evaluate equally, as regards to time of delivery, offers that propose delivery of each quantity within the applicable delivery period specified above. Offers that propose delivery that will not clearly fall within the applicable required delivery period specified above, may be considered nonresponsive and rejected. The Government reserves the right to award under either the required delivery schedule or the proposed delivery schedule, when an offeror offers an earlier delivery schedule than required above. If the offeror proposes no other delivery schedule, the required delivery schedule above will apply. Offeror’s Proposed Delivery Schedule: Overhead Gantry Crane and Column-Mounted Jib Cranes CLIN No. Description Qty Within Calendar Days From 0001 20-Ton Overhead Gantry Crane 1 ea. days after Contract Award 0002 1.5-Ton Column-Mounted Jib Crane 9 ea. days after Contract Award 0003 Design for Footers and Pilings 1 ea. Draft with proposal Final days after Contract Award 0004 Installation, Testing, and Certification 1 JB 0005 Project Schedule with Gantt Chart 1 ea. Draft with proposal Final days after Contract Award 0006 Test Plan 1 ea. Draft with proposal Final days after Contract Award 0007 Technical Manuals 2 sets days prior to training Attention is directed to the Contract Award provision of the solicitation that provides that a written award or acceptance of offer mailed, or otherwise furnished to the successful Offeror, results in a binding contract. The Government will mail or otherwise furnish to the Offeror an award or notice of award not later than the day award is dated. Therefore, the Offeror should compute the time available for performance beginning with the actual date of award, rather than the date the written notice of award is received from the Contracting Officer through the ordinary mails. However, the Government will evaluate an offer that proposes delivery based on the Contractor’s date of receipt of the contract or notice of award by adding (1) five calendar days for delivery of the award through the ordinary mails, or (2) one working day if the solicitation states that the contract or notice of award will be transmitted electronically. (The term “working day” excludes weekends and U.S. Federal holidays.) If, as so computed, the offered delivery date is later than the required delivery date, the offer will be considered nonresponsive and rejected. FAR 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available. Also, the full text of a clause may be accessed electronically at this address: https://www.acquisition.gov NUMBER TITLE DATE 52.204-22 Alternative Line Item Proposal Jan 2017 52.212-3 Offeror Representations and Certifications – Commercial Items Mar 2020 52.212-4 Contract Terms and Conditions – Commercial Items May 2015 52.225-25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications Aug 2018 52.228-5 Insurance – Work on a Government Installation Jan 1997 52.232-39 Unenforceability of Unauthorized Obligations Jun 2013 52.232-40 Providing Accelerated Payments to Small Business Subcontractors Dec 2013 52.237-2 Protection of Government Buildings, Equipment, and Vegetation Apr 1984 52.242-15 Stop Work Order Aug 1989 52.242-17 Government Delay of Work Apr 1984 52.242-34 F.O.B Destination Nov 1991 52.246-16 Responsibility for Supplies Apr 1984 CONTRACT ADMINISTRATION. The Contracting Officer or authorized representative, located at the U.S. Coast Guard Surface Forces Logistics Center, 707 E. Ordnance Road Baltimore, MD 21226-5000, will administer this contract. The Contract Specialist will be Linda Lassiter; Phone: (410) 582-4724; E-mail: linda.b.lassiter@uscg.mil REQUIRED STANDARD OF WORKMANSHIP Unless otherwise specifically provided in this contract, the quality of all supplies and services rendered hereunder shall conform to the highest standards in the relevant profession, trade, or field of endeavor. All supplies and services shall be rendered or supervised directly by individuals fully qualified in the relevant profession, trade, or field, and holding any licenses required by law. UNAUTHORIZED INSTRUCTIONS FROM GOVERNMENT PERSONNEL (a) The Contractor shall not accept any instructions issued by any person employed by the U.S. Government or otherwise other than the Contracting Officer or the Contracting Officer’s Technical Representative acting within the limits of their authority. A Contracting Officer’s Technical Representative shall be designated in writing to the Contractor and shall set forth the scope of their authority. (b) No information, other than that which may be contained in an authorized amendment to this purchase instrument duly issued by the Contracting Officer, which may be received from any person employed by the Government or otherwise will be considered as grounds for deviation from any stipulations of the purchase instruments or referenced drawings and/or specifications contained herein. GOVERNMENT REPRESENTATIVES (a) The Government may upon contract award or thereafter, name representatives with titles such as Project Officer, Contracting Officer's Representative(s), Resident Inspector(s), and so on. Such individuals, IF APPOINTED, will be named in writing by the Contracting Officer. The letter of appointment will indicate the individuals’ titles, and stipulate the rights, responsibilities, and limitations of their appointment. (b) In any event, no such named individual has the authority to issue any direction under this contract, either technical or otherwise, which constitutes a change to the terms, conditions, price, or delivery schedule of the contract. ONLY the Contracting Officer is authorized to alter the contract in any manner. Employee Conduct Contractor employees shall comply with all applicable Government regulations, policies and procedures (e.g., fire, safety, sanitation, environmental protection, security, “off limits” areas, wearing of parts of military uniforms, and possession of weapons) when visiting or working at Government facilities. The Contractor shall ensure contractor employees present a professional appearance at all times and that their conduct shall not reflect discredit on the United States, the Department of Homeland Security or the U.S. Coast Guard. Removing Employees for Misconduct or Security Reasons The Government may, at its sole discretion, direct the Contractor to remove any Contractor employee from U.S. Coast Guard facilities for misconduct or security reasons. Removal does not relieve the Contractor of the responsibility to continue providing the services required under this contract. The Contracting Officer will provide the Contractor with a written explanation to support any request to remove an employee. INVOICING REQUIREMENTS The Contractor shall prepare a proper invoice IAW FAR clause 52.212-4, and in addition to the information required by FAR 52.212-4(g) as cited in the contract. All invoices shall be itemized to correlate to the Schedule of Supplies. All information must be included in an invoice for it to constitute a proper invoice. All improper invoices will be rejected which could delay payment. An original invoice shall be submitted to the payment office designated on the award document. A copy of the invoice shall also be submitted to the Contract Specialist when the original invoice is submitted. The Contract Specialist is Linda Lassiter at linda.b.lassiter@uscg.mil. The copy sent to the Contract Specialist should be clearly marked “Information Only”. Each invoice shall contain the following information: Name and address of the contractor (the name on the invoice must match the name on the task order) Contract Number, Task Order Number, Document Number Invoice Number and Invoice Date Contract Line Item Number(s) Period of performance covered by the invoice Terms of any discount for prompt payment, if offered Name and address of official to whom payment is to be sent Name, title, phone number, and email address of person to notify in event of defective invoice DUNS Number Tax Identification Number Name of Contract Specialist or Contracting Officer Annotate on the invoice whether the contractor represents a small business for accelerated payment purposes Failure to submit invoices directly to the payment office listed below will delay prompt payment of your invoice. Commercial Invoices U.S. Coast Guard YARD P. O. Box 4122 Chesapeake, VA 23327-4122 Contract No: {To be furnished at time of award} NOTE: Invoices may also be submitted via e-mail to FIN-SMB-YardTeam@uscg.mil . RESPONSIBLE OFFICIAL(S) WHO CAN RECEIVE NOTIFICATION OF AN IMPROPER INVOICE AND ANSWER QUESTIONS REGARDING THE INVOICE For use in the event your firm receives a contract as a result of this solicitation, designate below the responsible official(s) who can receive notification of an improper invoice and answer questions regarding the invoice. NAME: ____________________________________ TITLE: ____________________________________ ADDRESS: ____________________________________ ____________________________________ PHONE: ____________________________________ EMAIL: ____________________________________ FAR 52.203-17 CONTRACTOR EMPLOYEE WHISLEBLOWER RIGHTS AND REQUIREMENT TO INFORM EMPLOYEES OF WHISTLEBLOWER RIGHTS (SEP 2013)(DHS-USCG DEVIATION 14-01) This contract and employees working on this contract will be subject to the whistleblower rights and remedies in the enhancement of whistleblower protections for Contractor employees established at 10 U.S.C. 2409 by section 827 of the NDAA for FY 2013 (Pub. L. 112-239) and FAR 3.908. The Contractor shall inform its employees in writing, in the predominant language of the workforce, of employee whistleblower rights and protections under 10 U.S.C. 2409, as described in section 3.908 of the FAR. The Contractor shall insert the substance of this clause, including this paragraph (c), in all subcontracts over the simplified acquisition threshold. FAR 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019) The Offeror shall not complete the representation in this provision if the Offeror has represented that it “does not provide covered telecommunications equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument” in the provision at 52.204-26, Covered Telecommunications Equipment or Services-Representation, or in paragraph (v) of the provision at 52.212-3, Offeror Representations and Certifications-Commercial Items. (a) Definitions. As used in this provision— “Covered telecommunications equipment or services”, “critical technology”, and “substantial or essential component” have the meanings provided in clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (b) Prohibition. Section 889(a)(1)(A) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an executive agency on or after August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. Contractors are not prohibited from providing— (1)A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (2) Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (c) Procedures. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) (https://www.sam.gov) for entities excluded from receiving federal awards for “covered telecommunications equipment or services”. (d) Representation. The Offeror represents that it ? will, ? will not provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation. (e) Disclosures. If the Offeror has represented in paragraph (d) of this provision that it “will” provide covered telecommunications equipment or services”, the Offeror shall provide the following information as part of the offer— (1) A description of all covered telecommunications equipment and services offered (include brand; model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable); (2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph (b) of this provision; (3) For services, the entity providing the covered telecommunications services (include entity name, unique entity identifier, and Commercial and Government Entity (CAGE) code, if known); and (4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, CAGE code, and whether the entity was the OEM or a distributor, if known). FAR 52.209-7 INFORMATION REGARDING RESPONSIBILITY MATTERS (OCT 2018) Definitions. As used in this provision— “Administrative proceeding” means a non-judicial process that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, and Armed Services Board of Contract Appeals Proceedings). This includes administrative proceedings at the Federal and State level but only in connection with performance of a Federal contract or grant. It does not include agency actions such as contract audits, site visits, corrective plans, or inspection of deliverables. “Federal contracts and grants with total value greater than $10,000,000” means— The total value of all current, active contracts and grants, including all priced options; and 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). The offeror ? has ? does not have current active Federal contracts and grants with total value greater than $10,000,000. 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: 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– The payment of a monetary fine or penalty of $5,000 or more; or 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. 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, which can be accessed via https://www.sam.gov (see 52.204-7). 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS – COMMERCIAL ITEMS (MAR 2020) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial items: 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab and Other Covered Entities (Jul 2018) (Section 1634 of Pub. L. 115-91). 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Aug 2019) (Section 889(a)(1)(A) of Pub. L. 115-232). 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). 52.233-3, Protest After Award (Aug 1996) (31 U.S.C. 3553). 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 (19 U.S.C. 3805note)). The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial items: __X__ (1...