1852.213-70 Offeror
Representations and Certifications–Other Than Commercial Items.
As prescribed in 1813.302-570,
insert the following provision:
OFFEROR REPRESENTATIONS AND
CERTIFICATIONS—OTHER THAN COMMERCIAL ITEMS
(JULY 2004)
(a) Definitions. As used in this provision--
"Emerging
small business" means a small business concern whose size is no
greater than 50 percent of the numerical size standard for the NAICS code
designated.
"Forced
or indentured child labor" means all work or service--
(1)
Exacted from any person under the age of 18 under the menace of any penalty for
its nonperformance and for which the worker does not offer himself voluntarily;
or
(2)
Performed by any person under the age of 18 pursuant to a contract the
enforcement of which can be accomplished by process or penalties.
"Service-disabled veteran-owned small business concern" --
(1) Means a small business concern--
(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and
(ii) The management and daily business operations of which are
controlled by one or more service-disabled veterans or, in the case of a
service- disabled veteran with permanent and severe disability, the spouse or
permanent caregiver of such veteran.
(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).
"Small
business concern" 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 size standards in this
solicitation.
"Veteran-owned
small business concern" means a small business concern--
(1)
Not less than 51 percent of which is owned by one or more veterans (as defined
at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less
than 51 percent of the stock of which is owned by one or more veterans; and
(2) The
management and daily business operations of which are controlled by one or more
veterans.
"Women-owned
small business concern" means a small business concern--
(1)
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 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.
(b) Taxpayer
Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701).
(1)
All offerors must submit the information required in
paragraphs (b)(3) through (b)(5) 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 Internal Revenue Service (IRS).
(2)
The TIN may be used by the Government to collect and report on any delinquent
amounts arising out of the offeror's relationships 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.
(3)
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 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.
(4)
Type of organization.
[ ] 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 _________________________.
(5)
Common parent.
[ ] Offeror is not
owned or controlled by a common parent;
[ ] Name and TIN of common parent:
Name
___________________.
TIN
_____________________.
(c) Offerors
must complete the following representations when the resulting contract will be
performed in the
(1)
Small business concern. The offeror represents
as part of its offer that it [ ] is,
[ ] is not a small business concern.
(2)
Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror
represents as part of its offer that it [
] is, [ ] is not a veteran-owned
small business concern.
(3)
Service-disabled veteran-owned small business concern. [Complete only if
the offeror represented itself as a veteran-owned
small business concern in paragraph (c)(2) of this provision.] The offeror represents as part of its offer that it [ ] is, [
] is not a service-disabled veteran-owned small business concern.
(4)
Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in
paragraph (c)(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.
(5)
Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in
paragraph (c)(1) of this provision.] The offeror
represents that it [ ] is, [ ] is not a women-owned small business concern.
(6)
Small Business Size for the Small Business Competitiveness Demonstration
Program and for the Targeted Industry Categories under the Small Business
Competitiveness Demonstration Program. [Complete only if the offeror has represented itself to be a small business
concern under the size standards for this solicitation.]
(i)
[Complete only for solicitations indicated as being set-aside for emerging
small
businesses in one of the four designated
industry groups (DIGs).] The offeror
represents as part of its offer that it
[ ]
is, [ ] is not an emerging small
business.
(ii)
[Complete only for solicitations indicated as being for one of the targeted
industry
categories (TICs)
or four designated industry groups (DIGs).] Offeror represents as follows:
(A)
Offeror's number of employees for the past 12 months (check the Employees
column if size standard stated in the
solicitation is expressed in terms of number of employees); or
(B)
Offeror's average annual gross revenue for the last 3 fiscal years (check the
Average Annual Gross Number of Revenues column if size standard stated in the
solicitation is expressed in terms of annual receipts).
(Check one of the following):
|
NUMBER OF EMPLOYEES |
AVERAGE ANNUAL GROSS REVENUES |
|
___ 50 or fewer |
___ $1 million or less |
|
___ 51-100 |
___ $1,000,001--$2 million |
|
___ 101-250 |
___ $2,000,001--$3.5 million |
|
___ 251-500 |
___ $3,500,001--$5 million |
|
___ 501-750 |
___ $5,000,001--$10 million |
|
___ 751-1000 |
___ $10,000,001--$17 million |
|
___ Over 1000 |
___ Over $17 million |
(7) HUBZone
small business concern. [Complete only if the offeror
represented itself as a small business concern in paragraph (c)(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 (c)(7)(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.
(8)
(Complete if dollar value of the resultant contract is expected to exceed
$25,000 and the offeror has represented itself as
disadvantaged in paragraph (c)(4) of this provision.) [The offeror shall check the category in which its ownership
falls]:
____
Black American.
____
Hispanic American.
____
Native American (American Indians, Eskimos, Aleuts, or Native
Hawaiians).
____ Asian-Pacific American (persons with
origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan,
China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines,
U.S. Trust Territory of the Pacific Islands (Republic of Palau), Republic of
the Marshall Islands, Federated States of Micronesia, the Commonwealth of the
Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, Kiribati,
Tuvalu, or Nauru).
____ Subcontinent Asian (Asian-Indian)
American (persons with origins from
____ Individual/concern, other than one of
the preceding.
(d) Representations
required to implement provisions of Executive Order
11246—
(1)
Previous contracts and compliance. The offeror
represents that--
(i)
It [ ] has, [ ] has not participated in a previous
contract or subcontract subject to the Equal Opportunity clause of this
solicitation; and
(ii)
It [ ] has, [ ] has not filed all required compliance
reports.
(2) Affirmative Action Compliance. The offeror represents that--
(i)
It [ ] has developed and has on file,
[ ] has not developed and does not have
on file, at each establishment, affirmative action programs required by rules
and regulations of the Secretary of Labor (41 CFR Parts 60-1 and 60-2), or
(ii)
It [ ] has not previously had contracts
subject to the written affirmative action programs requirement of the rules and
regulations of the Secretary of Labor.
(e) Buy
American Act Certificate. (Applies only if the clause at Federal
Acquisition Regulation (FAR) 52.225-1, Buy American Act--Supplies, is included
in this solicitation.)
(1) The offeror certifies that each end product, except those
listed in paragraph (e)(2) of this provision, is a domestic end product and
that the offeror has considered components of unknown
origin to have been mined, produced, or manufactured outside the United States.
The offeror shall list as foreign end products those
end products manufactured in the
(2)
Foreign End Products:
|
LINE ITEM NO. |
COUNTRY OF ORIGIN |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
[List
as necessary]
(3)
The Government will evaluate offers in accordance with the policies and procedures
of FAR Part 25.
(f)(1)
Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate. (Applies only if the clause at FAR 52.225-3, Buy American Act--Free Trade Agreements--Israeli Trade Act, is included in this solicitation.)
(i)
The offeror certifies that each end product, except
those listed in paragraph (f)(1)(ii) or (f)(1)(iii) of this provision, is a
domestic end product and that the offeror has
considered components of unknown origin to have been mined, produced, or
manufactured outside the United States. The terms “component,” “domestic end
product,” “end product,” “foreign end product,” and “
(ii)
The offeror certifies that the following supplies are
FTA country end products or
Israeli end products as defined in the clause of this solicitation entitled
"Buy American Act--Free Trade Agreements--Israeli Trade Act":
FTA Country or Israeli End Products:
|
LINE ITEM NO. |
COUNTRY OF ORIGIN |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
[List as necessary]
(iii)
The offeror shall list those supplies that are
foreign end products (other than those listed in paragraph (f)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled "Buy
American Act--Free Trade Agreements--Israeli Trade Act." The offeror shall
list as other foreign end products those end products manufactured in the
Other
Foreign End Products:
|
LINE ITEM NO. |
COUNTRY OF ORIGIN |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
[List as necessary]
(iv)
The Government will evaluate offers in accordance with the policies and
procedures of FAR Part 25.
(2)
Buy American Act--Free Trade Agreements--Israeli Trade Act Certificate, Alternate I (JAN 2004).
If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph
(f)(1)(ii) for paragraph (f)(1)(ii) of the basic provision:
(f)(1)(ii)
The offeror certifies that the following supplies are
Canadian end products as defined in the clause of this solicitation entitled
"Buy American Act--Free Trade Agreements--Israeli Trade Act":
Canadian End
Products:
Line Item
No.
__________________________________________
__________________________________________
(List as
necessary)
(3)
Buy American Act-Free Trade Agreements--Israeli Trade Act Certificate, Alternate II (JAN 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following paragraph
(f)(1)(ii) for paragraph (f)(1)(ii) of the basic provision:
(f)(1)(ii)
The offeror certifies that the following supplies are
Canadian end products or Israeli end products as defined in the clause of this
solicitation entitled "Buy American Act--Free Trade Agreements--Israeli Trade Act":
Canadian or Israeli End Products:
|
LINE ITEM NO. |
COUNTRY OF ORIGIN |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
[List as necessary]
(4) Trade Agreements Certificate. (Applies
only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitation.)
(i) The offeror
certifies that each end product, except those listed in paragraph (f)(4)(ii) of
this provision, is a U.S.-made, designated country, Caribbean Basin country, or
FTA country end product, as
defined in the clause of this solicitation entitled "Trade
Agreements."
(ii)
The offeror shall list as other end products those
end products that are not U.S.-made, designated country,
Other
End Products:
|
LINE ITEM NO. |
COUNTRY OF ORIGIN |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
[List as necessary]
(iii)
The Government will evaluate offers in accordance with the policies and
procedures of FAR Part 25. For line items subject to the Trade Agreements Act, the Government will
evaluate offers of U.S.-made, designated country, Caribbean Basin country, or FTA country end products without regard to the
restrictions of the Buy American Act. The Government will consider for award
only offers of U.S.-made, designated country, Caribbean Basin country, or FTA country end products unless the Contracting
Officer determines that there are no offers for such products or that the
offers for such products are insufficient to fulfill the requirements of the
solicitation.
(g) Certification
Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The Contracting
Officer must list in paragraph (g)(1) any end products being acquired under
this solicitation that are included in the List of Products Requiring
Contractor Certification as to Forced or Indentured Child Labor, unless
excluded at FAR 22.1503(b).]
(1)
Listed end products.
|
Listed End Product |
Listed Countries of Origin |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
|
___________________ |
_____________________ |
(2)
Certification. [If the Contracting Officer has identified end products
and countries of origin in paragraph (g)(1) of this provision, then the offeror must certify to either (g)(2)(i) or (g)(2)(ii) by
checking the appropriate block.]
[
] (i) The offeror will not supply any end product
listed in paragraph (g)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product.
[
] (ii) The offeror may supply an end product listed
in paragraph (g)(1) of this provision that was mined, produced, or manufactured
in the corresponding country as listed for that product. The offeror certifies that it has made a good faith effort to
determine whether forced or indentured child labor was used to mine, produce,
or manufacture any such end product furnished under this contract. On the basis
of those efforts, the offeror certifies that it is
not aware of any such use of child labor.
(End of provision)
ALTERNATE I
(MARCH 2004)
As
prescribed in 1813.302-570(a)(2)(i), add the
following paragraph to the end of the basic provision and identify appropriately:
(
) Recovered Material Certification. As required by the Resource Conservation and
Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror
certifies, 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.
ALTERNATE II
(MARCH 2004)
As
prescribed in 1813.302-570(a)(2)(ii), add the following paragraph to the end of
the basic provision and identify appropriately:
(
) Historically
(1)
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.
1067k, including a Hispanic-serving institution of higher education, as defined
in Section 316(b)(1) of the Act (20 U.S.C. 1101a)).
(2)
Representation. The offeror represents that
it--
( ) is (
) is not a historically black college or university;
(
) is ( ) is not a minority
institution.
ALTERNATE III
(MARCH 2004)
As
prescribed in 1813.302-570(a)(2)(iii), add the following paragraph to the end of
the basic provision and identify appropriately:
(
) Representation Of Limited Rights
Data And Restricted Computer Software.
(1)
This solicitation sets forth the work to be performed if a contract award
results, and the Government's known delivery requirements for data (as defined
in FAR 27.401). Any resulting contract may also
provide the Government the option to order additional data under the Additional
Data Requirements clause at FAR 52.227-16, if included in the contract. Any data
delivered under the resulting contract will be subject to the Rights in
Data-General clause at FAR 52.227-14 that is to be included in this contract.
Under the latter clause, a Contractor may withhold from delivery data that
qualify as limited rights data or restricted computer software, and deliver
form, fit, and function data in lieu thereof. The latter clause also may be
used with its Alternates II and/or III to obtain delivery of limited rights
data or restricted computer software, marked with limited rights or restricted
rights notices, as appropriate. In addition, use of Alternate V with this
latter clause provides the Government the right to inspect such data at the
Contractor's facility.
(2)
As an aid in determining the Government's need to include Alternate II or
Alternate III in the clause at FAR 52.227-14, Rights in Data-General, the offeror shall complete paragraph (3) of this provision to either
state that none of the data qualify as limited rights data or restricted
computer software, or identify, to the extent feasible, which of the data
qualifies as limited rights data or restricted computer software. Any
identification of limited rights data or restricted computer software in the
offeror's response is not determinative of the status of such data should a
contract be awarded to the offeror.
(3)
The offeror has reviewed the requirements for the
delivery of data or software and states [offeror
check appropriate block]--
( ) None
of the data proposed for fulfilling such requirements qualifies as limited
rights data or restricted computer software.
( ) Data
proposed for fulfilling such requirements qualify as limited rights data or
restricted computer software and are identified as follows:
_______________________________________________
_______________________________________________
_______________________________________________
Note:
"Limited rights data" and "Restricted computer software"
are defined in the contract clause entitled "Rights in Data-General."
1852.213-71
Evaluation–-Other Than Commercial Items.
As prescribed in 1813.302-570(b),
insert the following provision:
EVALUATION—OTHER THAN COMMERCIAL
ITEMS
(JUNE 2002)
(a)
The Government will award a contract resulting from this solicitation to the
responsible offeror whose offer conforming to the
solicitation will be most advantageous to the Government, price and other
factors considered. The following factors shall be used to evaluate offers:
__________________________________________
__________________________________________
__________________________________________
[Contracting Officer shall insert the
evaluation factors, such as (i) technical capability of the item offered to
meet the Government requirement; (ii) price; (iii) past performance (see FAR 15.304).]
(b)
Options. The Government will evaluate offers for award purposes by adding the
total price for all options to the total price for the basic requirement. The
Government may determine that an offer is unacceptable if the option prices are
significantly unbalanced. Evaluation of options shall not obligate the
Government to exercise the option(s).
(End of provision)
1852.214-70
Caution to Offerors Furnishing Descriptive Literature.
As
prescribed in 1814.201-670(a),
insert the following provision:
CAUTION TO OFFERORS FURNISHING
DESCRIPTIVE LITERATURE
(DECEMBER 1988)
Bidders are cautioned against furnishing as a part of their bids descriptive literature that includes language reserving to the bidder the right to deviate from the requirements of the invitation for bids. Statements that "Data are subject to change without notice," "Prices subject to change without notice," or words having a similar effect are examples of such reservation. The Government will reject as nonresponsive any bid that incorporates literature containing such language or any bid that must be evaluated by using literature containing such language. Bidders should clearly label any submissions of descriptive literature not intended to form a part of a bid as such in order to preclude any need for the Government to interpret the bidder's intent in submitting descriptive literature. [See FAR 14.202-5.]
(End of provision)
1852.214-71 Grouping for Aggregate Award.
As
prescribed in 1814.201-670(c),
insert the following provision:
GROUPING FOR AGGREGATE AWARD
(MARCH 1989)
(a) The Government will evaluate offers and make award on a basis of the aggregate offers for items
[Insert the item numbers and/or descriptions].
The
Government will not consider an offer for quantities less than those specified
for these items.
(b)
If this is an invitation for bids, the Government will reject as nonresponsive a bid that is not made on the total
quantities for all of the items specified in paragraph (a) of this section.
(End of provision)
1852.214-72 Full Quantities.
As
prescribed in 1814.201-670(b),
insert the following provision:
FULL QUANTITIES
(DECEMBER 1988)
The Government will not consider an offer for quantities of items less than those specified. If this is an invitation for bids, the Government will reject as nonresponsive a bid that is not made on full quantities.
(End of provision)