(2) ( ) has, ( ) has not paid or agreed to pay to any person or company
employed or retained to solicit or obtain this contract any commission, percentage,
brokerage, or other fee contingent upon or resulting from the award of this contract.
(b) Agreement. The Offeror agrees to provide information relating to the above
Representation as requested by the Contracting Officer and, when subparagraph (a)(l) or
(a)(2) is answered affirmatively, to promptly submit to the Contracting Officer--
(1) A completed Standard Form 119, Statement of Contingent or Other
Fees, (SF 119); or
(2) A signed statement indicating that the SF 119 was previously
submitted to the same contracting office, including the date and applicable solicitation or
contract number, and representing that the prior SF 119 applies to this offer or quotation.
52.203-8 REQUIREMENT FOR CERTIFICATE OF PROCUREMENT
INTEGRITY (SEP 1995)
(a) Definitions. The definitions at FAR 3.104-4 are hereby incorporated in this
provision.
(b) Certifications. As required in paragraph (c) of this provision, the officer or
employee responsible for this offer shall execute the following certification:
CERTIFICATE OF PROCUREMENT INTEGRITY
(1) I, (name of certifier), am the officer or
employee responsible for the preparation of this offer and hereby certify that, to the best
of my knowledge and belief, with the exception of any information described in this
certificate, I have no information concerning a violation or possible violation of
subsection 27(a), (b), (d), or (f) of the Office of Federal Procurement Policy Act as
amended* (41 U.S.C. 423), hereinafter referred to as "the Act", as implemented in the
FAR, occurring during the conduct of this procurement (F04701-96-R-0008).
(2) As required by subsection 27(e)(1)(B) of the Act, I further certify that, to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of
(Name of Offeror) who has participated personally
and substantially in the preparation or submission of this offer has certified that he or she
is familiar with, and will comply with, the requirements of subsection 27(a) of the Act, as
implemented in the FAR, and will report immediately to me any information concerning
a violation or possible violation of subsections 27(a), (b), (d), or (f) of the Act, as
implemented in the FAR, pertaining to this procurement.
( ) (ii) Have 10 or more full-time employees as specified in section
313(b)(1)(A) of EPCRA, 42 U.S.C. 110203(b)(1)(A).
( ) (iii) Meet the reporting thresholds of toxic chemicals established
under sections 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) Fall within Standard Industrial Classification Code (SIC)
designations 20 through 39 as set forth in FAR section 19.102.
( ) (2) If awarded a contract resulting from this solicitation, its owned or
operated facilities to be used in the performance of this contract, unless otherwise exempt,
will file and continue to file for the life of the contract the Toxic Chemical Release Inventory
Form (Form R) as described in EPCRA sections 313(a) and (g) and PPA section 6607 (42
U.S.C. 13106).
(b) Submission of this certificate is a prerequisite for making or entering into this
contract imposed by Executive Order 12969, August 8, 1995 (60FR 40989-40992).
52.230-1 COST ACCOUNTING STANDARDS NOTICES AND
CERTIFICATION (APR 1996)
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, except
contracts in which the price negotiated is based on (1) established catalog or market
prices of commercial items sold in substantial quantities to the general public, or (2)
prices set by law or regulation, 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
(3) THE FOLLOWING ADDITIONAL DOD FAR SUPPLEMENT PROVISIONS
ARE APPLICABLE TO THIS SOLICITATION:
252.219-7000 SMALL DISADVANTAGED BUSINESS CONCERN
REPRESENTATION (DOD CONTRACTS) (APR 1994) -- DOD
FAR SUPPLEMENT
(a) Definition. "Small disadvantaged business concern", as used in this
provision, means a small business concern owned and controlled by individuals who are
both socially and economically disadvantaged, as defined by the Small Business
Administration at 13 CFR Part 124, the majority of earnings of which directly accrue to
such individuals. This term also means a small business concern owned and controlled
by an economically disadvantaged Indian tribe or Native Hawaiian organization which
meets the requirements of 13 CFR 124.112 or 13 CFR 124.113, respectively. In general,
13 CFR Part 124 describes a small disadvantaged business concern as a small business
concern--
(1) Which is at least 51 percent unconditionally owned by one or more
socially and economically disadvantaged individuals; or
(2) In the case of any publicly owned business, at least 51 percent of the voting stock is unconditionally owned by one or more socially and economically disadvantaged individuals; and