EVOLVED EXPENDABLE LAUNCH VEHICLE (EELV)
PRE-EMD MODULE CALL FOR IMPROVEMENT
ANNEX 5
REPRESENTATIONS AND CERTIFICATIONS
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(1) Pursuant to FAR 52.252-1, "SOLICITATION PROVISIONS INCORPORATED BY
REFERENCE," the following provisions are incorporated herein by reference.
I. FEDERAL ACQUISITION REGULATION (1991 EDITION) (48 CFR
CHAPTER 1) SOLICITATION PROVISIONS:
(FAC 90-33) II. DEPARTMENT OF DEFENSE FEDERAL ACQUISITION
REGULATION SUPPLEMENT (1991 EDITION) (48 CFR CHAPTER 2)
PROVISIONS:
(2) THE FOLLOWING ADDITIONAL PROVISIONS OF THE FAR ARE
APPLICABLE TO THIS SOLICITATION:
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 or 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 being offered in this bid or proposal, and that the signatory has not participated
and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3)
above; or
(2) (i) Has been authorized, in writing, to act as 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.
52.203-4 CONTINGENT FEE REPRESENTATION AND AGREEMENT (APR
1984)
(a) Representation. The Offeror represents that, except for full-time bona fide
employees working solely for the Offeror, the Offeror--
[NOTE: The Offeror must check the appropriate boxes. For interpretation of the
representation, including the term "bona fide employee," see Subpart 3.4 of the Federal
Acquisition Regulation.]
(1) ( ) has, ( ) has not employed or retained any person or company to
solicit or obtain this contract; and
(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 (F04701-95-R-0009).
(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.
(3) Violations or possible violations:
(Continue on plain bond paper if necessary, and label certificate of
Procurement Integrity (continuation sheet). ENTER NONE IF NONE
EXISTS)
(4) I agree that, if awarded a contract under this solicitation, the
certifications required by subsection 27(e)(1)(B) of the Act shall be maintained in
accordance with paragraph (f) of this provision.
[Signature of the Officer or Employee Responsible for the Offer and Date]
[Typed Name of the Officer or Employee Responsible for the Offer]
*Subsections 27(a), (b), and (d) are effective on December 1, 1990. Subsection
27(f) is effective on June 1, 1991.
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 TITLE 18, UNITED STATES
CODE, SECTION 1001.
(End of certification)
(c) (1) For procurements using sealed bidding procedures, the signed
certifications shall be submitted by each bidder with the bid submission except for
procurements using two-step sealed bidding procedure (see Subpart 14.5). For those
procurements, the certifications shall be submitted with submission of the two-step sealed
bids. A certificate is not required for indefinite delivery contracts (see Subpart 16.5)
unless the total estimated value of all orders eventually to be placed under the contract is
expected to exceed $100,000.
(2) For contracts and contract modifications which include options, a
certificate is required when the aggregate value of the contract or contract modification
and all options (see 3.104-4(e)) exceeds $100,000.
(3) Failure of a bidder to submit the signed certificate with its bid shall
render the bid nonresponsive.
(d) Pursuant to FAR 3.104-9(d), the Offeror may be requested to execute
additional certifications at the request of the Government. Failure of an Offeror to submit
the additional certifications shall cause its offer to be rejected.
(e) A certification containing a disclosure of a violation or possible violation will
not necessarily result in the withholding of award under this solicitation. However, the
Government, after evaluation of the disclosure, may cancel this procurement or take any
other appropriate actions in the interests of the Government, such as disqualification of
the Offeror.
(f) In making the certification in paragraph (2) of the certificate, the officer or
employee of the competing Contractor responsible for the offer may rely upon a one-time
certification from each individual required to submit a certification to the competing
Contractor, supplemented by periodic training. These certifications shall be obtained at
the earliest possible date after an individual required to certify begins employment or
association with the Contractor. If a Contractor decides to rely on a certification executed
prior to the suspension of section 27 (i.e., prior to December 1, 1989), the Contractor
shall ensure that an individual who has so certified is notified that section 27 has been
reinstated. These certifications shall be maintained by the Contractor for 6 years from the
date a certifying employee's employment with the company ends or, for an agent,
representative, or consultant, 6 years from the date such individual ceases to act on behalf
of the Contractor.
(g) Certifications under paragraphs (b) and (d) of this provision are material
representations of fact upon which reliance will be placed in awarding a contract.
(End of Provision)
Alternate I (SEP 1990). Procurements using other than sealed bidding procedures:
(c) For procurements, including contract modifications, in excess of $100,000
made using procedures other than sealed bidding, the signed certifications shall be
submitted by the successful Offeror to the Contracting Officer within the time period
specified by the Contracting Officer when requesting the certificates except as provided
in subparagraphs (c)(1) through (c)(5) of this clause. In no event shall the certificate be
submitted subsequent to award of a contract or execution of a contract modification:
(1) For letter contracts, other unpriced contracts, or unpriced contract
modifications, whether or not the unpriced contract or modification contains a maximum
or not to exceed price, the signed certifications shall be submitted prior to the award of
the letter contract, unpriced contract, or unpriced contract modification, and prior to the
definitization of the letter contract or the establishment of the price of the unpriced
contract or unpriced contract modification. The second certification shall apply only to
the period between award of the letter contract and execution of the document definitizing
the letter contract, or award of the unpriced contract or unpriced contract modification
and execution of the document establishing the definitive price of such unpriced contract
or unpriced contract modification.
(2) For basic ordering agreements, prior to the execution of a priced order;
prior to the execution of an unpriced order, whether or not the unpriced order contains a
maximum or not to exceed price; and, prior to establishing the price of an unpriced order.
The second certificate to be submitted for unpriced orders shall apply only to the period
between award of the unpriced order and execution of the document establishing the
definitive price for such order.
(3) A certificate is not required for indefinite delivery contracts (see
Subpart 16.5) unless the total estimated value of all orders eventually to be placed under
the contract is expected to exceed $100,000.
(4) For contracts and contract modifications which include options, a
certificate is required when the aggregate value of the contract or contract modification
and all options (see 3.104-4(e)) exceeds $100,000.
(5) For purposes of contracts entered into under the section 8(a) of the
SBA, the business entity with whom the SBA contracts, and not the SBA, shall be
required to comply with the certification requirements of subsection 27(e). The SBA
shall obtain the signed certificate from the business entity and forward the certificate to
the Contracting Officer prior to the award of a contract to the SBA.
(6) Failure of an Offeror to submit the signed certificate within the time
prescribed by the Contracting Officer shall cause the offer to be rejected.
52.204-3 TAXPAYER IDENTIFICATION (MAR 1994)
(a) Definitions.
"Common parent", as used in this solicitation 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.
"Corporate status", as used in this solicitation provision, means a
designation as to whether the Offeror is a corporate entity, an unincorporated entity (e.g.,
sole proprietorship or partnership), or a corporation providing medical and health care
services.
"Taxpayer Identification Number (TIN)", as used in this solicitation
provision, means the number required by the IRS to be used by the Offeror in reporting
income tax and other returns.
(b) Offeror is required to submit the information required in paragraphs (c)
through (e) of this solicitation provision in order to comply with reporting requirements
of 26 U.S.C. 6041, 6041A and 6050M and implementing regulations issued by the
Internal Revenue Service (IRS). If the resulting contract is subject to the reporting
requirements described in 4.903, 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) Taxpayer Identification Number (TIN).
( ) 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 U.S. and does not have an office or place of business or a fiscal paying
agent in the U.S.;
( ) Offeror is an agency or instrumentality of a foreign government;
( ) Offeror is an agency or instrumentality of a Federal, state, or local
Government;
( ) Other. State basis.
(d) Corporate Status.
( ) Corporation providing medical and health care services, or
engaged in the billing and collecting of payments for such services;
( ) Other corporate entity;
( ) Not a corporate entity;
( ) Sole proprietorship;
( ) Partnership
( ) Hospital or extended care facility described in 26 CFR 501(c)(3)
that is exempt from taxation under 26 CFR 501(a).
(e) Common Parent.
( ) Offeror is not owned or controlled by a common parent as defined
in paragraph (a) of this clause.
( ) Name and TIN of common parent:
Name
TIN
52.204-5 WOMEN OWNED BUSINESS (OCT 1995)
(a) Representation. The offeror represents that it ( ) is, ( ) is not a women-owned small business concern.
(b) Definition.
"Women-owned business concern," as used in this provision, means a concern,
which is at least 51 percent owned by one or more women; or in the case of publicly
owned business, at least 51 percent of the stock of which is owned by one or more
women; and whose management and daily business operations are controlled by one or
more women.
52.208-2 JEWEL BEARINGS AND RELATED ITEMS CERTIFICATE (APR
1984)
(a) This to certify that--
(1) Jewel bearings and/or related items, as defined in the Required
Sources for Jewel Bearings and Related Items clause, will be incorporated into one or
more items/will not be incorporated into any item (delete one) covered by this offer;
(2) Any jewel bearings required (or an equal quantity of the same type,
size, and tolerances) will be ordered from the William Langer Plant, Rolla, North Dakota
58367, as provided in the Required Sources for Jewel Bearings and Related Items clause;
and
(3) Any related items required (or an equal quantity of the same type, size,
and tolerances) will be acquired from domestic manufacturers, including the Plant, if the
items can be obtained from those sources.
(b) Attached to this certificate are estimates of the quantity, type, and size
(including tolerances) of the jewel bearings and related items required, and identification
of the components, subassemblies, or parts that require jewel bearings or related items.
Date of Execution
Solicitation No
Name
Title
Firm
Address
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, 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 place 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 TYPE OF BUSINESS ORGANIZATION (JUL 1987)
The Offeror or quoter, by checking the applicable box, represents that--
(a) It operates as ( ) a corporation incorporated under the laws of the State of
, ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, or a ( ) a
joint venture; or
(b) If the Offeror or quoter is a foreign entity, it operates as ( ) a corporation
incorporated under the laws of the State of , ( ) an individual, ( ) a
partnership, ( ) a nonprofit organization, or a ( ) a joint venture; registered for business
in .
52.215-11 AUTHORIZED NEGOTIATORS (APR 1984)
The Offeror or quoter represents that the following persons are authorized to
negotiate on its behalf with the Government in connection with this request for proposals
or quotations: [list names, titles, and telephone numbers of the authorized negotiators].
NAME TITLE TELEPHONE NO.
52.215-20 PLACE OF PERFORMANCE (APR 1984)
(a) The Offeror or quoter, in the performance of any contract resulting from this
solicitation, ( ) intends, ( ) 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 quoter
as indicated in this proposal or quotation.
(b) If the Offeror or quoter checks "intends" in paragraph (a) above, it shall insert
in the spaces provided below the required information:
NAME AND ADDRESS OF OWNER PLACE OF PERFORMANCE (STREET, AND
OPERATOR OF THE PLANT OR ADDRESS, CITY, COUNTY, STATE , FACILITY
IF OTHER THAN OFFEROR ZIP CODE) OR QUOTER
52.219-1 SMALL BUSINESS PROGRAM REPRESENTATION (OCT 1995)
(a) (1) The standard industrial classification (SIC) code for this acquisition
is ______________________(insert SIC code).
(2) The small business size standard is __________ (insert size standard)
(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) Representation.
(1) The offeror represents and certifies as part of its offer that it is: ( ) a
small business concern, ( ) not a small business concern.
(2) (Complete only if offeror represented itself as a small business
concern in block (b)(1) of this section.) The offeror represents as part of its offer that it ( )
is, ( ) is not a small business concern.
(3) (Complete only if offeror represented itself as a small business
concern in block (b)(1) of this section.) The offeror represents as part of its offer that it ( )
is, ( ) is not a women-owned small business concern.
(c) Definition. "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 a 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 to 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.
"Woman-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.
(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 business concern in order to obtain a contract to be awarded under the preference
programs established pursuant to sections 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 --
(1) Be punished by imposition of fine, imprisonment, or both;
(2) Be subject to administrative remedies, including suspension and
debarment; and
(3) Be ineligible for participation in programs conducted under the
authority of the Act.
52.222-19 WALSH-HEALEY PUBLIC CONTRACTS ACT REPRESENTATION
(APR 1984)
The offeror represents as a part of this offer that the offeror is ( ) or is not ( )
a regular dealer in, or is ( ) or is not ( ) a manufacturer of, the supplies offered.
52.222-22 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (APR
1984)
The Offeror represents that--
(a) It ( ) has, ( ) has not participated in a previous contract or subcontract subject
either to the Equal Opportunity clause of this solicitation, the clause originally contained
in Section 3l0 of Executive Order No. l0925, or the clause contained in Section 20l of
Executive Order No. llll4;
(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 (APR 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 (4l CFR 60-l and 60-2), or
(b) it ( ) has not previously had contracts subject to the written affirmative action
programs requirement of the rules and regulations of the Secretary of Labor.
52.223-1 CLEAN AIR AND WATER CERTIFICATION (APR 1984)
The Offeror certifies that:
(a) Any facility to be used in the performance of this proposed contract is ( ), is
not
( ) listed on the Environmental Protection Agency List of Violating Facilities;
(b) The Offeror will immediately notify the Contracting Officer, before award, of
the receipt of any communication from the Administrator, or a designee, of the
Environmental Protection Agency, indicating that any facility that the Offeror proposes to
use for the performance of the contract is under consideration to be listed on the EPA List
of Violating Facilities; and
(c) The Offeror will include a certification substantially the same as this
certification, including this paragraph (c), in every nonexempt subcontract.
52.223-13 CERTIFICATION OF TOXIC CHEMICALS RELEASE
REPORTING (OCT 1995)
(a) The offeror, by signing this offer, certifies that--
(NOTE: The offeror must check the appropriate box(es)
( ) (1) To the best of its knowledge and belief, it is not subject to the filing
and reporting requirements described in Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) sections 313(a) and (g) and Pollution Prevention Act of 1990
(PPA) section 6607 because none of its owned or operated facilities to be used in the
performance of this contract currently--
( ) (i) Manufacture, process or otherwise use any toxic chemicals
listed under section 313(c) of EPCRA, 42 U.S.C. 11023 (c).
( ) (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).
(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
(3) Whose management and daily business operations are controlled by
one or more such individuals.
(b) Representations. Check the category in which your ownership falls--
Subcontinent Asian (Asian-Indian) American (US Citizen with
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal)
Asian-Pacific American (US Citizen with origins from Japan,
China, the Philippines, Vietnam, Korea, Samoa, Guam, U.S. Trust
Territory of the Pacific Islands (Republic of Palau), the Northern Mariana
Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma, Thailand,
Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall Islands,
or the Federated States of Micronesia)
______ Black American (US Citizen)
Hispanic American (US Citizen with origins from South America,
Central America, Mexico, Cuba, the Dominican Republic, Puerto Rico,
Spain or Portugal)
Native American (American Indians, Eskimos, Aleuts, or Native
Hawaiians, including Indian tribes or Native Hawaiian organizations)
Individual/concern, other than one of the preceding, currently
certified for participation in the Minority Small Business and Capital
Ownership Development Program under Section 8(a) of the Small
Business Act
Other
(c) Certification. Complete the following--
(1) The Offeror is , is not a small disadvantaged business concern.
(2) The Small Business Administration (SBA) has , has not made
a determination concerning the Offeror's status as a small disadvantaged business
concern. If the SBA has made such a determination, the date of the determination was
and the Offeror --
Was found by the SBA to be socially and economically
disadvantaged and no circumstances have changed to vary that determination.
Was found by the SBA not to be socially and economically
disadvantaged but circumstances which caused the determination have changed.
(d) Penalties and Remedies. Anyone who misrepresents the status of a concern
as a small disadvantaged business for the purpose of securing a contract or subcontract
shall--
(1) Be punished by imposition of a fine, imprisonment, or both;
(2) Be subject to administrative remedies including suspension and
disbarment; and
(3) Be ineligible for participation in programs conducted under authority
of the Small Business Act.
252.225-7000 BUY AMERICAN ACT - BALANCE OF PAYMENTS
PROGRAM CERTIFICATE (DEC 1991) --DOD FAR
SUPPLEMENT
(a) Definitions. "Domestic end product", "qualifying country", "qualifying
country end products", and "nonqualifying country end product" have the meanings given
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 paragraph (c)(2) or (3)
of this clause, 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 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 Products
Line Item Number Country of Origin (If known)
252.225-7003 INFORMATION FOR DUTY-FREE ENTRY EVALUATION
(AUG 1992)--DOD FAR SUPPLEMENT
(a) Is the offer based on furnishing any supplies (i.e., end items, components, or
material) of foreign origin other than those for which duty-free entry is to be accorded
pursuant to Duty-Free Entry--Qualifying Country End Products And Supplies 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.
(d) Offers will be evaluated on a duty included basis except to the extent that--
(1) The supplies are qualifying country end products as defined in the Buy
American Act and Balance of Payment Program clause of this solicitation; or
(2) The duty-free price is specified for use in the evaluation procedure.
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--
Does anticipate that supplies will be transported by sea in the
performance of any contract or subcontract resulting from this
solicitation.
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 by Supplies by Sea.
(4) THE FOLLOWING AIR FORCE SUPPLEMENT PROVISIONS ARE
APPLICABLE TO THIS SOLICITATION: NONE ARE APPLICABLE
(5) THE FOLLOWING AIR FORCE MATERIEL COMMAND SUPPLEMENT
PROVISIONS ARE APPLICABLE TO THIS SOLICITATION:
5352.237-9002 USE OF NON-GOVERNMENT ADVISORS (DEC 1995)
Offerors are advised that data submitted to the government in response to this
solicitation may be released to non-government advisors for review and analysis.
I certify that I have read and understand the instruction to offerors and consent to
release of any information provided by the firm named below in response to this solicitation,
to non-government advisors for review and analysis.
Firm _____________________________________
Name _____________________________________
Title _____________________________________
Date of Execution _____________________________________
(6) THE FOLLOWING ADDITIONAL PROVISIONS ARE APPLICABLE
TO THIS SOLICITATION:
(A) DEFINITION OF "MANUFACTURED IN THE U.S."
By submitting an offer to this solicitation the Offeror certifies that the EELV
system to be acquired by the Government will be manufactured in the United States
(U.S.). For the definition of Manufactured in the U.S., see Model Contract, SCR H.5.
(B) VIRUS-FREE ELECTRONIC PROPOSALS
By signing this offer, the offeror certifies that the electronic files and media by
which this offer is transmitted to the Government do not contain software code (i.e.,
computer viruses) which when executed, will destroy or modify electronic data or deny
access to data or computer resources. The offeror further certifies the files and media, in
their entirety, have been validated using a recognized "anti-virus" type software program
designed to detect and delete said software code. The specifics regarding performance of
this validation are as follows:
Program: ___________________________________________________________
Version: ___________________________________________________________
Program Executable Date: _______________________________________________
Type Workstation Performed on: ____________________________________________
Workstation Serial Number: _______________________________________________
Workstation Operating System: _____________________________________________
Method of Validation:
Pre-Press: ___________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Pre-Press Validation Date and Time: _________________________________________
Post-Press: ______________________________________________________________
_______________________________________________________________________
_______________________________________________________________________
Post-Press Validation Date and Time: ________________________________________
PARAGRAPH
TITLE
52.203-11
CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO
INFLUENCE CERTAIN FEDERAL TRANSACTIONS (APR 1991)
(FAC 90-4)
52.209-7
ORGANIZATIONAL CONFLICTS OF INTEREST
CERTIFICATE--MARKETING CONSULTANTS (NOV 1991)
52.222-21
CERTIFICATION OF NONSEGREGATED FACILITIES (APR 1984)
52.223-4
RECOVERED MATERIAL CERTIFICATION (MAY 1995) (FAC 90-27)
52.223-5
CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (JUL
1995) (FAC 90-29)
PARAGRAPH
TITLE
252.209-7001
DISCLOSURE OF OWNERSHIP OR CONTROL BY THE
GOVERNMENT OF A TERRORIST COUNTRY (SEP 1994) (DAC 91-7)
252.209-7003
DISCLOSURE OF COMMERCIAL TRANSACTIONS WITH THE
GOVERNMENT OF TERRORIST COUNTRY (SEP 1994) (DAC 91-7)
252.225-7031
SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 1992) (DAC 91-3)
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