SECTION K -
REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS
52.203-2 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (APR
1985)
(a) The offeror certifies that --
(1) The prices in this offer have been arrived at
independently, without, for the purpose of restricting competition, any
consultation, communication, or agreement with any other offeror or competitor
relating to (i) those prices, (ii) the intention to
submit an offer, or (iii) the methods of factors used to calculate the prices
offered:
(2) The prices in this offer have not been and will not be
knowingly disclosed by the offeror, directly or indirectly, to any other
offeror or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a negotiated solicitation)
unless otherwise required by law; and
(3) No attempt has been made or will be made by the offeror
to induce any other concern to submit or not to submit an offer for the purpose
of restricting competition.
(b) Each signature on the offer is considered to be a
certification by the signatory that the signatory --
(1) Is the person in the offeror's organization responsible
for determining the prices offered in this bid or proposal, and that the
signatory has not participated and will not participate in any action
contradictory to subparagraphs (a)(1) through (a)(3) above; or
(2) (i) Has been authorized, in
writing, to act as an agent for the following principals in certifying that
those principals have not participated, and will not participate in any action
contrary to subparagraphs (a)(1) through (a)(3) above
__________________*____________________________________ (insert full name of
person(s) in the offeror's organization responsible for determining the prices
offered in this bid or proposal, and the title of his or her position in the
offeror's organization);
(ii) As an authorized agent, does certify that the
principals named in subdivision (b)(2)(i) above have
not participated, and will not participate, in any action contrary to
subparagraphs (a)(1) through (a)(3) above; and
(iii) As an agent, has not personally participated, and will
not participate, in any action contrary to subparagraphs (a)(1)
through (a)(3) above.
(c) If the offeror deletes or modifies subparagraph (a)(2) above, the offeror must furnish with its offer a signed
statement setting forth in detail the circumstances of the disclosure.
52.203-11 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS
TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)
(a) The definitions and prohibitions contained in the
clause, at FAR 52.203-12, Limitation on Payments to Influence Certain Federal
Transactions, included in this solicitation, are hereby incorporated by
reference in paragraph (b) of this Certification.
(b) The offeror, by signing its offer, hereby certifies to
the best of his or her knowledge and belief that on or after December 23,
1989,--
(1) No Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a member of Congress on his or her behalf in
connection with the awarding of any Federal contract, the making of any Federal
grant, the making of any Federal loan, the entering into of any cooperative
agreement, and the extension, continuation, renewal, amendment or modification
of any Federal contract, grant, loan, or cooperative agreement;
(2) If any funds other than Federal appropriated funds
(including profit or fee received under a covered Federal transaction) have
been paid, or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress or an employee of a Member of Congress on his
or her behalf in connection with this solicitation, the offeror shall complete
and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying
Activities, to the Contracting Officer; and
(3) He or she will include the language of this
certification in all subcontract awards at any tier and require that all
recipients of subcontract awards in excess of $100,000 shall certify and
disclose accordingly.
c. Submission of this certification and disclosure is a
prerequisite for making or entering into this contract imposed by section 1352,
title 31, United States Code. Any person who makes an expenditure prohibited
under this provision, shall be subject to a civil penalty of not less than
$10,000, and not more than $100,000, for each such failure.
52.204-3 TAXPAYER IDENTIFICATION (OCT 1998)
(a) Definitions.
Common parent, as used in this provision, means that corporate
entity that owns or controls an affiliated group of corporations that files its
Federal income tax returns on a consolidated basis, and of which the offeror is
a member.
Taxpayer Identification Number (TIN), as used in this
provision, means the number required by the Internal Revenue Service (IRS) to
be used by the offeror in reporting income tax and other returns. The TIN may
be either a Social Security Number or an Employer Identification Number.
(b) All offerors must submit the information required in
paragraphs (d) through (f) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26
U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by the IRS.
If the resulting contract is subject to the payment reporting requirements
described in Federal Acquisition Regulation (FAR) 4.904, the failure or refusal
by the offeror to furnish the information may result in a 31 percent reduction
of payments otherwise due under the contract.
(c) The TIN may be used by the Government to collect and
report on any delinquent amounts arising out of the offeror's relationship with
the Government (31 U.S.C. 7701(c)(3)). If the
resulting contract is subject to the payment reporting requirements described
in FAR 4.904, the TIN provided hereunder may be matched with IRS records to
verify the accuracy of the offeror's TIN.
(d) Taxpayer Identification Number (TIN). * (fill in one of
the following)
___ TIN:.--------------------------------------------------------
___ TIN has been applied for.
___ TIN is not required because:
___ Offeror is a nonresident alien, foreign corporation, or
foreign partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an office
or place of business or a fiscal paying agent in the United States;
___ Offeror is an agency or instrumentality of a foreign
government;
___ Offeror is an agency or instrumentality of the Federal
Government.
(e) Type of organization. * fill in one of the following
___ Sole proprietorship;
___ Partnership;
___ Corporate entity (not
tax-exempt);
___ Corporate entity (tax-exempt);
___ Government entity (Federal, State, or local);
___ Foreign government;
___ International organization per 26 CFR 1.6049-4;
___
Other--------------------------------------------------------
(f) Common parent. * fill in as applicable
___ Offeror is not owned or controlled by a common parent as
defined in paragraph (a) of this provision.
___ Name and TIN of common parent:
Name-------------------------------------------------------------------
TIN--------------------------------------------------------------------
52.204-5 Women-Owned Business (OTHER THAN SMALL BUSINESS)
(MAY 1999)
(a) Definition. Women-owned business concern, as used in
this provision, means a concern that is at least 51 percent owned by one or
more women; or in the case of any publicly owned business, at least 51 percent
of its stock is owned by one or more women; and whose management and daily
business operations are controlled by one or more women.
*(b) Representation. [Complete only if the offeror is a
women-owned business concern and has not represented itself as a small business
concern in paragraph (b)(1) of FAR 52.219-1, Small
Business Program Representations, of this solicitation.] The offeror represents
that it ( ) is, ( ) is not a women-owned business concern.
52.209-5 CERTIFICATION REGARDING DEBARMENT, SUSPENSION,
PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (MAR 1996)
(a)
(1) The Offeror certifies, to the best of its knowledge and
belief, that--
(i) The Offeror and/or any of its
Principals--
*(A) Are [ ] are not [ ] presently debarred, suspended,
proposed for debarment, or declared ineligible for the award of contracts by
any Federal agency;
*(B) Have [ ] have not [ ], within a three-year period
preceding this offer, been convicted of or had a civil judgment rendered
against them for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state, or
local) contract or subcontract; violation of Federal or state antitrust
statutes relating to the submission of offers; or commission of embezzlement,
theft, forgery, bribery, falsification or destruction of records, making false
statements, tax evasion, or receiving stolen property; and
*(C) Are [ ] are not [ ] presently indicted for, or
otherwise criminally or civilly charged by a governmental entity with,
commission of any of the offenses enumerated in subdivision (a)(1)(i)(B) of this provision.
*(ii) The Offeror has [ ] has not [ ], within a three-year
period preceding this offer, had one or more contracts terminated for default
by any Federal agency.
(2) "Principals," for the purposes of this
certification, means officers; directors; owners; partners; and, persons having
primary management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division, or
business segment, and similar positions).
THIS CERTIFICATION CONCERNS A MATTER WITHIN THE
JURISDICTION OF AN AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE,
FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO
PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED
STATES CODE.
(b) The Offeror shall provide immediate written notice to
the Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.
(c) A certification that any of the items in paragraph (a)
of this provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered in
connection with a determination of the Offeror's responsibility. Failure of the
Offeror to furnish a certification or provide such additional information as
requested by the Contracting Officer may render the Offeror nonresponsible.
(d) Nothing contained in the foregoing shall be construed to
require establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The knowledge
and information of an Offeror is not required to exceed that which is normally
possessed by a prudent person in the ordinary course of business dealings.
(e) The certification in paragraph (a) of this provision is
a material representation of fact upon which reliance was placed when making
award. If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting from
this solicitation for default.
52.215-6 PLACE OF PERFORMANCE (OCT 1997)
(a) The offeror or respondent, in the performance of any
contract resulting from this solicitation, {time} intends, {time} does not
intend [check applicable block] to use one or more plants or facilities located
at a different address from the address of the offeror or respondent as
indicated in this proposal or response to request for information.
(b) If the offeror or respondent checks ``intends'' in
paragraph (a) of this provision, it shall insert in the following spaces the
required information: *
Place of performance (street Name and address of owner and
address, city, state, county, zip
operator of the plant or facility
code) if other than offeror or
respondent
___________________________________.
_______________________________
___________________________________
______________________________
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (MAY
1999) ALTERNATE I (OCT 1998) & ALTERNATE II (NOV 1999)
(a)
(1) The North American Industrial classification (NAIC) code
for this acquisition is 541330 (formerly SIC 8711).
(2) The small business size standard is $20,000,000.
(3) The small business size standard for a concern which
submits an offer in its own name, other than on a construction or service
contract, but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.
(b) Representations.
(1) The offeror represents as part of its offer that it ( )
is, ( ) is not a small business concern. *
(2) (Complete only if the offeror represented itself as a
small business concern in paragraph (b)(1) of this
provision.) *The offeror represents, for general statistical purposes, that it
( ) is, ( ) is not a small disadvantaged business concern as defined in 13 CFR
124-1002.
(3) (Complete only if the offeror represented itself as a
small business concern in paragraph (b)(1) of this
provision.) *The offeror represents as part of its offer that it ( ) is, ( ) is
not a women-owned small business concern.
(4) (Complete only if offeror represented itself as a small
business concern in paragraph (b)(1) of this
provision.) The offeror represents, as part of its offer, that--
*(i) It ____is, ____is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone
Small Business Concerns maintained by the Small Business Administration, and no
material change in ownership and control, principal office, or HUBZone employee percentage has occurred since it was
certified by the Small Business Administration in accordance with 13 CFR Part
126; and
*(ii) It ____ is, ____ is not a joint venture that complies
with the requirements of 13 CFR Part 126, and the representation in paragraph
(b)(4)(i) of this provision
is accurate for the HUBZone small business concern or
concerns that are participating in the joint venture.(The offeror shall enter
the name or names of the HUBZone small business
concern or concerns that are participating in the joint venture: ____________.)
Each HUBZone small business concern participating in
the joint venture shall submit a separate signed copy of the HUBZone representation.
(5) (Complete only if offeror represented itself as a small
business concern in paragraph (b)(1) of this
provision.) The offeror represents, as part of its offer, that--
*(i) It ( ) is, ( ) is not a HUBZone small business concern listed, on the date of this
representation, on the List of Qualified HUBZone
Small Business Concerns maintained by the Small Business Administration, and no
material change in ownership and control, principal place of ownership, or HUBZone employee percentage has occurred since it was
certified by the Small Business Administration in accordance with 13 CFR part
126; and
*(ii) It ( ) is, ( ) is not a joint venture that complies
with the requirements of 13 CFR part 126, and the representation in paragraph
(b)(5)(i) of this provision
is accurate for the HUBZone small business concern or
concerns that are participating in the joint venture.
Each HUBZone small business concern participating in
the joint venture shall submit a separate signed copy of the HUBZone representation.
(c) Definitions.
- "Joint
venture," for purposes of a small disadvantaged business (SDB)
set-aside or price evaluation preference (as prescribed at 13 CFR
124.321), is a concern that is owned and controlled by one or more
socially and economically disadvantaged individuals entering into a joint
venture agreement with one or more business concerns and is considered to
be affiliated for size purposes with such other concern(s). The combined
annual receipts or employees of the concerns entering into the joint
venture must meet the applicable size standard corresponding to the SIC
code designated for the contract. The majority of the venture's earnings
must accrue directly to the socially and economically disadvantaged
individuals in the SDB concern(s) in the joint venture. The percentage of
the ownership involvement in a joint venture by disadvantaged individuals
must be at least 51 percent.
- "Small
business concern," as used in this provision, means a concern,
including its affiliates, that is independently
owned and operated, not dominant in the field of operation in which it is
bidding on Government contracts, and qualified as a small business under
the criteria in 13 CFR Part 121 and the size standard in paragraph (a) of
this provision.
- "Small
disadvantaged business concern," as used in this provision, means a
small business concern that (1) is at least 51 percent unconditionally
owned by one or more individuals who are both socially and economically
disadvantaged, or a publicly owned business having at least 51 percent of
its stock unconditionally owned by one or more socially and economically
disadvantaged individuals, and (2) has its management and daily business
controlled by one or more such individuals. This term also means a small
business concern that is at least 51 percent unconditionally owned by an
economically disadvantaged Indian tribe or Native Hawaiian Organization,
or a publicly owned business having at least 51 percent of its stock
unconditionally owned by one or more of these entities, which has its
management and daily business controlled by members of an economically
disadvantaged Indian tribe or Native Hawaiian Organization, and which
meets the requirements of 13 CFR Part 124.
- "Women-owned
small business concern," as used in this provision, means a small
business concern--
- (1)
Which is at least 51 percent owned by one or more women or, in the case
of any publicly owned business, at least 51 percent of the stock of which
is owned by one or more women; and
- (2)
Whose management and daily business operations are controlled by one or
more women.
- "8(a)
firm" as used in this provision means a small business certified by
the Small Business Administration pursuant to subsection 8(a) of the Small
Business Act.
(d) Notice.
(1) If this solicitation is for supplies and has been set
aside, in whole or in part, for small business concerns, then the clause in
this solicitation providing notice of the set-aside contains restrictions on
the source of the end items to be furnished.
(2) Under 15 U.S.C. 645(d), any person who misrepresents a
firm's status as a small, small disadvantaged, or women-owned small business
concern in order to obtain a contract to be awarded under the preference
programs established pursuant to section 8(a), 8(d), 9, or 15 of the Small
Business Act or any other provision of Federal law that specifically references
section 8(d) for a definition of program eligibility, shall--
(i) Be punished by imposition of
fine, imprisonment, or both;
(ii) Be subject to administrative remedies, including
suspension and debarment; and
(iii) Be ineligible for participation in programs conducted
under the authority of the Act.
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FEB
1999)
The offeror represents that --
*(a) [ ] It has, [ ] has not participated in a previous
contract or subcontract subject to the Equal Opportunity clause of this
solicitation;
*(b) [ ] It has, [ ] has not, filed all required compliance
reports; and
(c) Representations indicating submission of required
compliance reports, signed by proposed subcontractors, will be obtained before
subcontract awards.
52.222-25 AFFIRMATIVE ACTION COMPLIANCE (FEB 1984)
The offeror represents that *
a. [ ] it has developed and has on file, [ ] has not
developed and does not have on file, at each establishment, affirmative action
programs required by the rules and regulations of the Secretary of Labor (41
CFR 60-1 and 60-2), or
(b) [ ] has not previously had contracts subject to the
written affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.
52.223-4 RECOVERED MATERIAL CERTIFICATION (OCT 1997)
As required by the Resource Conservation and Recovery Act of
1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror
certifies, by signing this offer, that the percentage of recovered materials to
be used in the performance of the contract will be at least the amount required
by the applicable contract specifications.
52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE
REPORTING (OCT 1996)
(a) Submission of this certification is a prerequisite for
making or entering into this contract imposed by Executive Order 12969, August
8, 1995.
(b) By signing this offer, the offeror certifies that--
(1) As the owner or operator of facilities that will be used
in the performance of this contract that are subject to the filing and
reporting requirements described in section 313 of the Emergency Planning and
Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607
of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror
will file and continue to file for such facilities for the life of the contract
the Toxic Chemical Release Inventory Form (Form R) as described in sections
313(a) and (g) of EPCRA and section 6607 of PPA; or
(2) None of its owned or operated facilities to be used in
the performance of this contract is subject to the Form R filing and reporting
requirements because each such facility is exempt for at least one of the
following reasons: (Check each block that is applicable.)*
[ ] (i) The facility does not
manufacture, process or otherwise use any toxic chemicals listed under section
313(c) of EPCRA, 42 U.S.C. 11023(c);
[ ] (ii) The facility does not have 10 or more full-time
employees as specified in section 313.(b)(1)(A) of EPCRA 42 U.S.C.
11023(b)(1)(A);
[ ] (iii) The facility does not meet the reporting
thresholds of toxic chemicals established under section 313(f) of EPCRA, 42
U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided
an appropriate certification form has been filed with EPA);
[ ] (iv) The facility does not fall within Standard
Industrial Classification Code (SIC) designations 20 through 39 as set forth in
FAR section 19.102 of the Federal Acquisition Regulation; or
[ ] (v) The facility is not located within any State of the
United States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the Northern Mariana Islands,
or any other territory or possession over which the United States has
jurisdiction.
52.226-2 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND
MINORITY INSTITUTION REPRESENTATION (MAY 1997)
(a) Definitions. As used in this provision--
"Historically Black College or University" means
an institution determined by the Secretary of Education to meet the
requirements of 34 CFR 608.2. For the Department of Defense, the National
Aeronautics and Space Administration, and the Coast Guard, the term also
includes any nonprofit research institution that was an integral part of such a
college or university before November 14, 1986.
"Minority Institution" means an institution of
higher education meeting the requirements of Section 1046(3) of the Higher
Education Act of 1965 (20 U.S.C. 1135d-5(3)) which, for the purpose of this
provision, includes a Hispanic-serving institution of higher education as
defined in Section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1)).
(b) Representation. The offeror represents that it-- *
( ) is ( ) is not a Historically Black College or
University;
( ) is ( ) is not a Minority Institution.
52.230-1 COST ACCOUNTING STANDARDS NOTICES AND
CERTIFICATION (APR 1998
Note: This notice does not apply to small businesses or
foreign governments. This notice is in three parts, identified by Roman
numerals I through III.
Offerors shall examine each part and provide the requested
information in order to determine Cost Accounting Standards (CAS) requirements
applicable to any resultant contract.
If the offeror is an educational institution, Part II does
not apply unless the contemplated contract will be subject to full or modified
CAS coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6),
respectively.
I. DISCLOSURE STATEMENT--COST ACCOUNTING PRACTICES AND
CERTIFICATION
(a) Any contract in excess of $500,000 resulting from this
solicitation will be subject to the requirements of the Cost Accounting Standards
Board (48 CFR Chapter 99), except for those contracts which are exempt as
specified in 48 CFR 9903.201-1.
(b) Any offeror submitting a proposal which, if accepted,
will result in a contract subject to the requirements of 48 CFR Chapter 99
must, as a condition of contracting, submit a Disclosure Statement as required
by 48 CFR 9903.202. When required, the Disclosure Statement must be submitted
as a part of the offeror's proposal under this solicitation unless the offeror
has already submitted a Disclosure Statement disclosing the practices used in
connection with the pricing of this proposal. If an applicable Disclosure
Statement has already been submitted, the offeror may satisfy the requirement
for submission by providing the information requested in paragraph (c) of Part
I of this provision.
CAUTION: In the absence of specific regulations or
agreement, a practice disclosed in a Disclosure Statement shall not, by virtue
of such disclosure, be deemed to be a proper, approved, or agreed-to practice for
pricing proposals or accumulating and reporting contract performance cost data.
(c) Check the appropriate box below: *
(1) Certificate of Concurrent Submission of Disclosure
Statement.
The offeror hereby certifies that, as a part of the offer,
copies of the Disclosure Statement have been submitted as follows: (i) original and one copy to the cognizant Administrative
Contracting Officer (ACO) or cognizant Federal agency official authorized to
act in that capacity (Federal official), as applicable, and (ii) one copy to
the cognizant Federal auditor.
(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as
applicable. Forms may be obtained from the cognizant ACO or Federal official
and/or from the loose-leaf version of the Federal Acquisition Regulation.)
Date of Disclosure Statement: ______________________ Name
and Address of Cognizant ACO or Federal Official Where Filed:
____________________________________
The offeror further certifies that the practices used in
estimating costs in pricing this proposal are consistent with the cost
accounting practices disclosed in the Disclosure Statement.
(2) Certificate of Previously Submitted Disclosure
Statement.
The offeror hereby certifies that the required Disclosure
Statement was filed as follows: *
Date of Disclosure Statement: _______________________ Name
and Address of Cognizant ACO or Federal Official Where Filed:
_______________________________________
The offeror further certifies that the practices used in
estimating costs in pricing this proposal are consistent with the cost
accounting practices disclosed in the applicable Disclosure Statement.
(3) Certificate of Monetary Exemption.
The offeror hereby certifies that the offeror, together with
all divisions, subsidiaries, and affiliates under common control, did not
receive net awards of negotiated prime contracts and subcontracts subject to
CAS totaling more than $25 million (of which at least one award exceeded $1
million) in the cost accounting period immediately preceding the period in
which this proposal was submitted. The offeror further certifies that if such
status changes before an award resulting from this proposal, the offeror will
advise the Contracting Officer immediately.
(4) Certificate of Interim Exemption.
The offeror hereby certifies that (i)
the offeror first exceeded the monetary exemption for disclosure, as defined in
(3) of this subsection, in the cost accounting period immediately preceding the
period in which this offer was submitted and (ii) in accordance with 48 CFR
9903.202-1, the offeror is not yet required to submit a Disclosure Statement.
The offeror further certifies that if an award resulting from this proposal has
not been made within 90 days after the end of that period, the offeror will
immediately submit a revised certificate to the Contracting Officer, in the
form specified under subparagraph (c)(1) or (c)(2) of
Part I of this provision, as appropriate, to verify submission of a completed
Disclosure Statement.
CAUTION: Offerors currently required to disclose because
they were awarded a CAS-covered prime contract or subcontract of $25 million or
more in the current cost accounting period may not claim this exemption (4).
Further, the exemption applies only in connection with proposals submitted
before expiration of the 90-day period following the cost accounting period in
which the monetary exemption was exceeded.
II. COST ACCOUNTING STANDARDS--ELIGIBILITY FOR MODIFIED
CONTRACT COVERAGE
If the offeror is eligible to use the modified provisions of
48 CFR 9903.201-2(b) and elects to do so, the offeror shall indicate by
checking the box below. Checking the box below shall mean that the resultant
contract is subject to the Disclosure and Consistency of Cost Accounting
Practices clause in lieu of the Cost Accounting Standards clause.
The offeror hereby claims an exemption from the Cost
Accounting Standards clause under the provisions of 48 CFR 9903.201-2(b) and
certifies that the offeror is eligible for use of the Disclosure and
Consistency of Cost Accounting Practices clause because during the cost
accounting period immediately preceding the period in which this proposal was
submitted, the offeror received less than $25 million in awards of CAS-covered
prime contracts and subcontracts, or the offeror did not receive a single
CAS-covered award exceeding $1 million. The offeror further certifies that if
such status changes before an award resulting from this proposal, the offeror
will advise the Contracting Officer immediately.
CAUTION: An offeror may not claim the above eligibility
for modified contract coverage if this proposal is expected to result in the
award of a CAS-covered contract of $25 million or more or if, during its
current cost accounting period, the offeror has been awarded a single
CAS-covered prime contract or subcontract of $25 million or more.
III. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO
EXISTING CONTRACTS
The offeror shall indicate below whether award of the
contemplated contract would, in accordance with subparagraph (a)(3) of the Cost
Accounting Standards clause, require a change in established cost accounting
practices affecting existing contracts and subcontracts. *
( ) YES ( ) NO
(d) The Contractor shall include in all negotiated
subcontracts which the Contractor enters into, the substance of this clause,
except paragraph (b), and shall require such inclusion in all other
subcontracts, of any tier, including the obligation to comply with all CAS in
effect on the subcontractor’s award date or if the subcontractor has submitted
cost or pricing data, on the date of final agreement on price as shown on the
subcontractor’s signed Certificate of Current Cost or Pricing Data. If the
subcontract is awarded to a business unit, which pursuant to 48 CFR 9903.201-3
is subject to other types of CAS coverage, the substance of the applicable
clause set forth in subsection 30.201-4 of the Federal Acquisition Regulation
shall be inserted. This requirement shall apply only to negotiated subcontracts
in excess of $500,000, except that the requirement shall not apply to
negotiated subcontracts otherwise exempt from the requirement to include a CAS
clause as specified in 48 CFR 9903.201-1.
252.209-7001 DISCLOSURE OF OWNERSHIP OR CONTROL BY THE
GOVERNMENT OF A TERRORIST COUNTRY (MAR 1998)
(a) "Definitions."
As used in this provision --
(1) "Government of a terrorist country" includes
the state and the government of a terrorist country, as well as any political
subdivision, agency, or instrumentality thereof.
(2) "Terrorist country" means a country determined
by the Secretary of State, under section 6(j)(1)(A) of
the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has
repeatedly provided support for such acts of international terrorism. As of the
date of this provision, terrorist countries include: Cuba, Iran, Iraq, Libya,
North Korea, Sudan, and Syria.
(3) "Significant interest" means --
(i) Ownership of or beneficial
interest in 5 percent or more of the firm's or subsidiary's securities.
Beneficial interest includes holding 5 percent or more of any class of the
firm's securities in "nominee shares," "street names," or
some other method of holding securities that does not disclose the beneficial
owner;
(ii) Holding a management position in the firm, such as a
director or officer;
(iii) Ability to control or influence the election,
appointment, or tenure of directors or officers in the firm;
(iv) Ownership of 10 percent or more of the assets of a firm
such as equipment, buildings, real estate, or other tangible assets of the
firm; or
(v) Holding 50 percent or more of the indebtness
of a firm.
(b) "Prohibition on award."
In accordance with 10 U.S.C. 2327, no contract may be
awarded to a firm or a subsidiary of a firm if the government of a terrorist
country has a significant interest in the firm or subsidiary or, in the case of
a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by
the Secretary of Defense.
(c) "Disclosure."
If the government of a terrorist country has a significant
interest in the Offeror or a subsidiary of the Offeror, the Offeror shall
disclosure such interest in an attachment to its offer. If the Offeror is a
subsidiary, it shall also disclose any significant interest the government of a
terrorist country has in any firm that owns or controls the subsidiary. The
disclosure shall include --
(1) Identification of each government holding a significant
interest; and
(2) A description of the significant interest held by each
government.
252.209-7003 COMPLIANCE WITH VETERANS' EMPLOYMENT
REPORTING REQUIREMENTS (MAR 1998)
By submission of its offer, the offeror represents that, if
it is subject to the reporting requirements of 37 U.S.C. 4212(d) (i.e., the
VETS-100 report required by Federal Acquisition Regulation clause 52.222-37,
Employment Reports on Disabled Veterans and Veterans of the Vietnam Era), it
has submitted the most recent report required by 38 U.S.C. 4212(d).
252.225-7000 BUY AMERICAN ACT--BALANCE OF PAYMENTS
PROGRAM CERTIFICATE (SEP 1999)
(a) Definitions. Domestic end product, qualifying country,
qualifying country end product, and qualifying country end product have the
meanings given in the Buy American Act and Balance of Payments Program clause
of this solicitation.
(b) Evaluation. Offers will be evaluated by giving
preference to domestic end products and qualifying country end products over nonqualifying country end products.
(c) Certifications. (1) The Offeror certifies that--
(i) Each end product, except those
listed in paragraphs (c) (2) or (3) of this provision, is a domestic end
product; and
(ii) Components of unknown origin are considered to have
been mined, produced, or manufactured outside the United States or a qualifying
country.
(2) The Offeror certifies that the following end products
are qualifying country end products:
Qualifying Country End Products
*
Line Item Number Country of Origin
*
*
(List only qualifying country end products.)
(3) The Offeror certifies that the following end products
are nonqualifying country end products:
Nonqualifying Country End Products
*
Line Item Number Country of Origin (If known)
* *
252.225-7003 INFORMATION FOR DUTY-FREE ENTRY EVALUATION
(MAR 1998)
a. Does the offeror propose to furnish–
(1) A domestic end product with nonqualifying
country components for which the offeror requests duty-free entry; or
(2) A foreign end product consisting of end items,
components, or material of foreign origin other than those for which duty-free
entry is to be accorded pursuant to the Duty-Free Entry--Qualifying Country
Supplies (End Products and Components) clause or, if applicable, the Duty-Free
Entry--Eligible End Products clause of this solicitation?
Yes ( ) No ( )*
b. If the answer in paragraph (a) is yes, answer the
following questions:
(1) Are such foreign supplies now in the United States?
Yes ( ) No ( ) *
(2) Has the duty on such foreign supplies been paid?
Yes ( ) No ( ) *
(3) If the answer to paragraph (b)(2)
is no, what amount is included in the offer to cover such duty?
$________________ *
(c) If the duty has not been paid, the Government may elect
to make award on a duty-free basis. If so, the offered price will be reduced in
the contract award by the amount specified in paragraph (b)(3).
The Offeror agrees to identify, at the request of the Contracting Officer, the
foreign supplies, which are subject to duty-free entry.
252.225-7031 SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992)
(a) Definitions. As used in this clause--
(1) "Foreign person" means any person other than a
United States person as defined in Section 16(2) of the Export Administration
Act of 1979 (50 U.S.C. App. Sec 2415).
(2) "United States person" is defined in Section
16(2) of the Export Administration Act of 1979 and means any United States
resident or national (other than an individual resident outside the United
States and employed by other than a United States person), any domestic concern
(including any permanent domestic establishment of any foreign concern), and
any foreign subsidiary or affiliate (including any permanent foreign
establishment) of any domestic concern which is controlled in fact by such
domestic concerns, as determined under regulations of the President.
(b) Certification. By submitting this offer, the Offeror, if
a foreign person, company or entity, certifies that it--
(1) Does not comply with the Secondary Arab Boycott of
Israel; and
(2) Is not taking or knowingly agreeing to take any action,
with respect to the Secondary Boycott of Israel by Arab countries, which 50
U.S.C. App. Sec 2407(a) prohibits a United States person from taking.
252.227-7028 TECHNICAL DATA OR COMPUTER SOFTWARE
PREVIOUSLY DELIVERED TO THE GOVERNMENT (JUN 1995)
The Offeror shall attach to its offer an identification of
all documents or other media incorporating technical data or computer software
it intends to deliver under this contract with other than unlimited rights that
are identical or substantially similar to documents or other media that the
Offeror has produced for, delivered to, or is obligated to deliver to the
Government under any contract or subcontract. The attachment shall identify--
(a) The contract number under which the data or software
were produced;
(b) The contract number under which, and the name and
address of the organization to whom, the data or software were most recently
delivered or will be delivered; and
(c) Any limitations on the Government's rights to use or
disclose the data or software, including, when applicable, identification of
the earliest date the limitations expire.
252.247-7022 REPRESENTATION OF EXTENT OF TRANSPORTATION
BY SEA (AUG 1992)
(a) The Offeror shall indicate by checking the appropriate
blank in paragraph (b) of this provision whether transportation of supplies by
sea is anticipated under the resultant contract. The term supplies is defined
in the Transportation of Supplies by Sea clause of this solicitation.
(b) Representation. The Offeror represents that it: *
____ (1) Does anticipate that
supplies will be transported by sea in the performance of any contract or
subcontract resulting from this solicitation.
____ (2) Does not anticipate that
supplies will be transported by sea in the performance of any contract or
subcontract resulting from this solicitation.
(c) Any contract resulting from this solicitation will
include the Transportation of Supplies by Sea clause. If the Offeror represents
that it will not use ocean transportation, the resulting contract will also
include the Defense FAR Supplement clause at
252.247-7024, Notification of Transportation of Supplies by Sea.