READ ONLY
I certify that I have read and understand the provision.
52.20311
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
(Apr 1991)
(End of provision)
READ ONLY
I certify that I have read and understand the provision.
52.22238
Compliance with Veterans' Employment Reporting Requirements (Dec 2001)
(End of provision)
Certification for: GERALD DANIEL KRUG
DUNS: 968794859
Point of Contact: gerald d krug , owner
Phone: 8184869254
Email: gdkss@hotmail.com
Certification Validity:
From: 10/29/2005 01:19:10 PM
To: 10/29/2006 01:19:10 PM
(a) The definitions and prohibitions contained in the clause, at FAR 52.20312,
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 or who fails to file or amend the disclosure form to be filed or amended by 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.
By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 38 U.S.C.
4212(d) (i.e., if it has any contract containing Federal Acquisition Regulation clause 52.22237,
Employment
Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans), it has
submitted the most recent VETS100
Report required by that clause.
READ ONLY
I certify that I have read and understand the provision.
52.2276
Royalty Information (Apr 1984)
52.2032
Certificate of Independent Price Determination (Apr 1985)
(End of provision)
52.2043
Taxpayer Identification (Oct 1998)
(a) Cost or charges for royalties. When the response to this solicitation contains costs or charges for royalties
totaling more than $250, the following information shall be included in the response relating to each
separate item of royalty or license fee:
(1) Name and address of licensor.
(2) Date of license agreement.
(3) Patent numbers, patent application serial numbers, or other basis on which the royalty is payable.
(4) Brief description, including any part or model numbers of each contract item or component on which
the royalty is payable.
(5) Percentage or dollar rate of royalty per unit.
(6) Unit price of contract item.
(7) Number of units.
(8) Total dollar amount of royalties.
(b) Copies of current licenses. In addition, if specifically requested by the Contracting Officer before execution
of the contract, the offeror shall furnish a copy of the current license agreement and an identification of
applicable claims of specific patents.
(End of provision)
Alternate I (Apr 1984)
Substitute the following for the introductory portion of paragraph (a) of the basic clause: When the response to
this solicitation covers charges for special construction or special assembly that contain costs or charges for
royalties totaling more than $250, the following information shall be included in the response relating to each
separate item of royalty or license fee:
(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
paragraphs (a)(1) through (a)(3) of this provision; 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 paragraphs (a)(1)
through (a)(3) of this provision gerald daniel krug, owner;
(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) of this
provision have not participated, and will not participate, in any action contrary to paragraphs (a)(1)
through (a)(3) of this provision; and
(iii) As an agent, has not personally participated, and will not participate, in any action contrary to
paragraphs (a)(1) through (a)(3) of this provision.
(c) If the offeror deletes or modifies paragraph (a)(2) of this provision, the offeror must furnish with its offer a
signed statement setting forth in detail the circumstances of the disclosure.
(End of provision)
52.2045
WomenOwned
Business (Other Than Small Business) (May 1999)
(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).
l TIN on file with CCR.
l TIN has been applied for.
l TIN is not required because:
l 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; ,
l Offeror is an agency or instrumentality of a foreign government; ,
l Offeror is an agency or instrumentality of the Federal Government.
(e) Type of organization.
l sole proprietorship;
l Partnership;
l Corporate entity (not taxexempt)
;
l Corporate entity (taxexempt)
;
l Government entity (Federal, State, or local);
l Foreign government;
l International organization per 26 CFR 1.60494
;
l Other
(f) Common parent.
l Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
l Name: N/A
TIN: TIN not on File with ORCA
(a) Definition. "Womenowned
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 womenowned
business concern and has not represented
itself as a small business concern in paragraph (b)(1) of FAR 52.2191,
Small Business Program
(End of provision)
52.2095
Certification Regarding Debarment, Suspension, Proposed Debarment, and Other Responsibility
Matters (Dec 2001)
(End of provision)
52.2123
Offeror Representations and Certifications –Commercial Items (Alternate 1 & 2) (March 2005)
Representations, of this solicitation.] The offeror represents that it is a womenowned
business concern.
(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 threeyear
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 paragraph (a)(1)(i)(B) of this
provision.
(ii) The Offeror has has not , within a threeyear
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.
(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 servicedisabled
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 servicedisabled
veterans; and
(ii) The management and daily business operations of which are controlled by one or more servicedisabled
veterans or, in the case of a servicedisabled
veteran with permanent and severe
disability, the spouse or permanent caregiver of such veteran.
(2) Servicedisabled
veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
serviceconnected,
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.
"Womenowned
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). (Not applicable if the offeror is
required to provide this information to a central contractor registration database to be eligible for award.)
(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 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.
(3) Taxpayer Identification Number (TIN).
l TIN on file with CCR.
l TIN has been applied for.
l TIN is not required because:
l 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; ,
l Offeror is an agency or instrumentality of a foreign government; ,
l Offeror is an agency or instrumentality of the Federal Government.
(4) Type of organization
l sole proprietorship;
l Partnership;
l Corporate entity (not taxexempt)
;
l Corporate entity (taxexempt)
;
l Government entity (Federal, State, or local);
l Foreign government;
l International organization per 26 CFR 1.60494
;
l Other
(5) Common parent.
l Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this
provision.
l Name: N/A
TIN: TIN not on File with ORCA
(c) Offerors must complete the following representations when the resulting contract is to be performed
inside the United States or its outlying areas. Check all that apply.
(1)* Small business concern. The offeror represents as part of its offer that it is, is not a small
business concern. (See below)
NAICS: Small Business Concern (Yes/No):
335931 Yes
(2)* Veteranowned
small business concern. The offeror represents as part of its offer that it is,
is not a veteranowned
small business concern. (See Below)
(3)* Servicedisabled
veteranowned
small business concern.The offeror represents as part of its
offer that it is, is not a servicedisabled
veteranowned
small business concern.
(4) Small disadvantaged business concern. 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)* Womenowned
small business concern. The offeror represents that it is, is not a womenowned
small business concern.
*Small business concern, Veteranowned
small business concern, Servicedisabled
veteranowned
small business concern, and Womenowned
small business concern status was
calculated based on the NAICS codes, Number of Employees, and Average Annual Gross
Revenues listed in the CCR Registration for “Company Name” along with the Small Business
Administration size standard for each NAICS code.
Note: Complete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified
acquisition threshold.
(6) Womenowned
business concern (other than small business concern).The offeror represents
that it is is not a womenowned
business concern.
(7) Tie bid priority for labor surplus area concerns. If this is an invitation for bid, small business
offerors may identify the labor surplus areas in which costs to be incurred on account of
manufacturing or production (by offeror or firsttier
subcontractors) amount to more than 50
percent of the contract price:
State Eligible Labor Surplus: Civil Jurisdictions Included:
(8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the
Targeted Industry Categories under the Small Business Competitiveness Demonstration Program.
(i) The offeror represents as part of its offer that it is is not an emerging small business.
(See below)
NAICS: Emerging Small Business Concern (Yes/No):
(ii) 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
__ 51100
__ $1,000,001$
2 million
__ 101250
__ $2,000,001$
3.5 million
__ 251500
__ $3,500,001$
5 million
__ 501750
__ $5,000,001$
10 million
__ 7511,000
__ $10,000,001$
17 million
__ Over 1,000 __ Over $17 million
(9) (i) General. The offeror represents that either(
A) is is not certified by the Small Business Administration as a small disadvantaged
business concern and identified, on the date of this representation, as a certified small
disadvantaged business concern in the database maintained by the Small Business
Administration (PRONet),
and that no material change in disadvantaged ownership and
control has occurred since its certification, and, where the concern is owned by one or
more individuals claiming disadvantaged status, the net worth of each individual upon
whom the certification is based does not exceed $750,000 after taking into account the
applicable exclusions set forth at 13 CFR 124.104(c)(2); or
(B) It has has not submitted a completed application to the Small Business Administration
or a Private Certifier to be certified as a small disadvantaged business concern in
accordance with 13 CFR 124, Subpart B, and a decision on that application is pending,
and that no material change in disadvantaged ownership and control has occurred since
its application was submitted.
(ii) Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business
Concerns. The offeror represents, as part of its offer, that it is a joint venture that complies
with the requirements in 13 CFR 124.1002(f) and that the representation in paragraph (c)(9)
(i) of this provision is accurate for the small disadvantaged business concern that is
participating in the joint venture [The offeror shall enter the name of the small disadvantaged
business concern that is participating in the joint venture: .].
(10) HUBZone small business concern. The offeror represents, as part of its offer, that(
i) It is It 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 It is not a joint venture that complies with the requirements of 13 CFR part 126, and
the representation in paragraph (c)(10)(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.
(d) Representations required to implement provisions of Executive Order 11246(
1) Previous contracts and compliance. The offeror represents that(
i) It has It has not participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It has It has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that(
i) It has developed and has on file, It 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 601
and 602),
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) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the
contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of
its knowledge and belief that 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 award of any resultant contract.
(f) Buy American Act Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.2251,
Buy American ActSupplies,
is included in this solicitation.)
(1) The offeror certifies that each end product, except those listed in paragraph (f)(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 United States that do not qualify as
domestic end products. The terms "component," "domestic end product," "end product," "foreign end
product," and "United States" are defined in the clause of this solicitation entitled "Buy American ActSupplies."
(2) Foreign End Products:
Description: Country of Origin:
(3) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25.
(g) (1) Buy American ActFree
Trade AgreementsIsraeli
Trade Act Certificate. (Applies only if the clause at
FAR 52.2253,
Buy American ActFree
Trade AgreementsIsraeli
Trade Act, is included in this
solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(1)(ii) or (g)(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 "United States" are defined in the clause of this solicitation entitled "Buy American ActFree
Trade AgreementsIsraeli
Trade Act."
(ii) The offeror certifies that the following supplies are end products of Australia, Canada, Chile,
Mexico, or Singapore, or Israeli end products as defined in the clause of this solicitation
entitled "Buy American ActFree
Trade AgreementsIsraeli
Trade Act": End products of
Australia, Canada, Chile, Mexico, or Singapore or Israeli End Products:
Description: Country of Origin:
(iii) The offeror shall list those supplies that are foreign end products (other than those listed in
paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled "Buy
American ActFree
Trade AgreementsIsraeli
Trade Act." The offeror shall list as other foreign
end products those end products manufactured in the United States that do not qualify as
domestic end products. Other Foreign End Products:
Description: Country of Origin:
(iv) The Government will evaluate offers in accordance with the policies and procedures of FAR Part
25.
(2) Buy American ActFree
Trade AgreementsIsraeli
Trade Act Certificate, Alternate I (Jan 2004). If
Alternate I to the clause at FAR 52.2253
is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(1)(ii) The offeror certifies that the following supplies are Canadian end products as defined in
the clause of this solicitation entitled "Buy American ActFree
Trade AgreementsIsraeli
Trade Act":
Canadian End Products:
Description: Country of Origin:
(3) Buy American ActFree
Trade AgreementsIsraeli
Trade Act Certificate, Alternate II (Jan 2004). If
Alternate II to the clause at FAR 52.2253
is included in this solicitation, substitute the following
paragraph (g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:
(g)(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 ActFree
Trade
AgreementsIsraeli
Trade Act": Canadian or Israeli End Products:
Description: Country of Origin:
(4) Trade Agreements Certificate. (Applies only if the clause at FAR 52.2255,
Trade Agreements, is
included in this solicitation.)
(i) The offeror certifies that each end product, except those listed in paragraph (g)(4)(ii) of this
provision, is a U.S.made,
or designated 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,
or
designated country, end products.
Other End Products:
Description: Country of Origin:
(iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part
25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.made,
or designated 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,
or designated 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.
(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12549). (Applies
only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies,
to the best of its knowledge and belief, that the offeror and/or any of its principals(
1) are are not presently debarred, suspended, proposed for debarment, or declared ineligible for
the award of contracts by any Federal agency; and
(2) Have Have not , within a threeyear
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 Federal, state or local government 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
(3) are are not presently indicted for, or otherwise criminally or civilly charged by a Government
entity with, commission of any of these offenses.
(i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [The
Contracting Officer must list in paragraph (i)(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 22.1503(b).]
(End of provision)
(1) Listed end products.
Listed End Products Listed Country of Origin
Bamboo Burma
Beans (including
yellow, soya, and
green beans
Burma
Bricks (handmade)
Burma, Pakistan
Chilies Burma
Corn Burma
Pineapples Burma
Rice Burma
Rubber Burma
Shrimp (acquaculture) Burma
Sugarcane Burma
Teak Burma
(2) Certification. [If the Contracting Officer has identified end products and countries of origin in
paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by
checking the appropriate block.]
(i) The offeror will not supply any end product listed in paragraph (i)(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 (i)(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.
Alternate I (Apr 2002)
As prescribed in 12.301(b)(2), add the following paragraph (c)(11) to the basic provision:
(11)
(Complete if the offeror has represented itself as disadvantaged in paragraph (c)(4) or (c)(9) 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).
AsianPacific
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 (AsianIndian)
American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal).
Individual/concern, other than one of the preceding.
Alternate II (Oct 2000)
As prescribed in 12.301(b)(2), add the following paragraph (c)(9)(iii) to the basic provision:
(iii) Address. The offeror represents that its address is, is not in a region for which a small disadvantaged
business procurement mechanism is authorized and its address has not changed since its certification as a
small disadvantaged business concern or submission of its application for certification. The list of
authorized small disadvantaged business procurement mechanisms and regions is posted at
http://www.arnet.gov/References/ sdbadjustments.htm. The offeror shall use the list in effect on the date
52.21414
Place of PerformanceSealed
Bidding (Apr 1985)
(End of provision)
52.2156
Place of Performance (Oct 1997)
(End of provision)
52.2191
Small Business Program Representations (May 2004)
of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on the
Small Business Administration's register of small disadvantaged business concerns or the address on the
completed application that the concern has submitted to the Small Business Administration or a Private
Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, "address" refers to the address
of the small disadvantaged business concern that is participating in the joint venture.
(a) The bidder, in the performance of any contract resulting from this solicitation, intends, does not intend
[check applicable box] to use one or more plants or facilities located at a different address from the address
of the bidder as indicated in this bid.
(b) If the bidder checks "intends" in paragraph (a) of this provision, it shall insert in the spaces provided below
the required information:
Name and Address of Owner and Operator of the Plant or Facility if Other than Bidder
Address of Place of Performance (Street, Address,
City, County, State, Zip Code):
Owner/Operator:
Owner Address (Street, Address, City,
County, State, Zip Code):
(a) The offeror or respondent, 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 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:
Name and Address of Owner and Operator of the Plant or Facility if Other than Bidder
Address of Place of Performance (Street, Address,
City, County, State, Zip Code):
Owner/Operator:
Owner Address (Street, Address, City,
County, State, Zip Code):
(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is See Note.*
(2) The small business size standard is See Note.
(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 (see below).
NAICS: Small Business Concern (Yes/No):
335931 Yes
(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 womenowned
small business
concern.
(4)
**
[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 veteranowned
small business
concern.
(5) [Complete only if the offeror represented itself as a veteranowned
small business concern in paragraph
(End of provision)
** (b)(4) of this provision.] The offeror represents as part of its offer that it is, is not a servicedisabled
veteranowned
small business concern.
*If you are responding to a Government solicitation for supplies or services under a NAICS code not
listed in paragraph (b) of this certification, you must provide this certification directly to the
Contracting Officer.
**Small business concern, Veteranowned
small business concern, Servicedisabled
veteranowned
small business concern, and Womenowned
small business concern status was calculated based on the
NAICS codes, Number of Employees, and Average Annual Gross Revenues listed in the CCR Registration
for “Company Name ” along with the Small Business Administration size standard for each NAICS code.
(6) [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(
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)(6)(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.
(c)
Definitions. As used in this provision"
Servicedisabled
veteranowned
small business concern"(
1) Means a small business concern(
i) Not less than 51 percent of which is owned by one or more servicedisabled
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 servicedisabled
veterans; and
(ii) The management and daily business operations of which are controlled by one or more servicedisabled
veterans or, in the case of a veteran with permanent and severe disability, the spouse or
permanent caregiver of such veteran.
(2) Servicedisabled
veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is
serviceconnected,
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 the size standard in paragraph (a) of this provision.
"Veteranowned
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.
"Womenowned
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.
(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 setaside
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, HUBZone small, small
disadvantaged, or womenowned
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.
52.2192
Equal Low Bids (Oct 1995)
(End of provision)
52.21919
Small Business Concern Representation for the Small Business Competitiveness
Demonstration Program (Oct 2000)
Alternate I (Apr 2002)
As prescribed in 19.308(a)(2), add the following paragraph (b)(7) to the basic provision:
(7) [Complete if offeror represented itself as disadvantaged in paragraph (b)(2) 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).
AsianPacific
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 (AsianIndian)
American (persons with origins from India, Pakistan, Bangladesh, Sri
Lanka, Bhutan, the Maldives Islands, or Nepal).
Individual/concern, other than one of the preceding.
(a) This provision applies to small business concerns only
(b) The bidder's status as a labor surplus area (LSA) concern may affect entitlement to award in case of tie
bids. If the bidder wishes to be considered for this priority, the bidder must identify, in the following space,
the LSA in which the costs to be incurred on account of manufacturing or production (by the bidder or the
firsttier
subcontractors) amount to more than 50 percent of the contract price.
State Eligible Labor Surplus: Civil Jurisdictions Included:
(c) Failure to identify the labor surplus areas as specified in paragraph (b) of this provision will preclude the
bidder from receiving priority consideration. If the bidder is awarded a contract as a result of receiving
priority consideration under this provision and would not have otherwise received award, the bidder shall
perform the contract or cause the contract to be performed in accordance with the obligations of an LSA
concern.
(a) Definition. "Emerging small business" as used in this solicitation, means a small business concern whose size
is no greater than 50 percent of the numerical size standard applicable to the North American Industry
Classification System (NAICS) code assigned to a contracting opportunity.
(b) [Complete only if the Offeror has represented itself under the provision at 52.2191
as a small business
concern under the size standards of this solicitation.] The Offeror is is not an emerging small business.
(See below)
NAICS: Emerging Small Business Concern (Yes/No):
(c) [Complete only if the Offeror is a small business or an emerging small business, indicating its size range.]
Offeror's number of employees for the past 12 months [check this column if size standard stated in
solicitation is expressed in terms of number of employees] or Offeror's average annual gross revenue for
the last 3 fiscal years [check this column if size standard stated in 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
__ 51100
__ $1,000,001$
2 million
__ 101250
__ $2,000,001$
3.5 million
__ 251500
__ $3,500,001$
5 million
(End of provision)
52.21921
Small Business Size Representation for Targeted Industry Categories under the Small
Business Competitiveness Demonstration Program (May 1999)
(End of provision)
52.21922
Small Disadvantaged Business Status (Oct 1999)
__ 501750
__ $5,000,001$
10 million
__ 7511,000
__ $10,000,001$
17 million
__ Over 1,000 __ Over $17 million
[Complete only if the Offeror has represented itself under the provision at 52.2191
as a small business concern
under the size standards of this solicitation.] Offeror's number of employees for the past 12 months [check this
column if size standard stated in solicitation is expressed in terms of number of employees] or Offeror's average
annual gross revenue for the last 3 fiscal years [check this column if size standard stated in 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
__ 51100
__ $1,000,001$
2 million
__ 101250
__ $2,000,001$
3.5 million
__ 251500
__ $3,500,001$
5 million
__ 501750
__ $5,000,001$
10 million
__ 7511,000
__ $10,000,001$
17 million
__ Over 1,000 __ Over $17 million
(a) General. This provision is used to assess an offeror's small disadvantaged business status for the purpose of
obtaining a benefit on this solicitation. Status as a small business and status as a small disadvantaged
business for general statistical purposes is covered by the provision at FAR 52.2191,
Small Business Program
Representation.
(b) Representations.
(1) General. The offeror represents, as part of its offer, that it is a small business under the size standard
applicable to this acquisition; and either(
i) It has received certification by the Small Business Administration as a small disadvantaged business
concern consistent with 13 CFR 124, Subpart B; and
(A) No material change in disadvantaged ownership and control has occurred since its certification;
(B) Where the concern is owned by one or more disadvantaged individuals, the net worth of each
individual upon whom the certification is based does not exceed $750,000 after taking into
account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and
(C) It is identified, on the date of its representation, as a certified small disadvantaged business
concern in the database maintained by the Small Business Administration (PRONet)
; or
(ii) It has submitted a completed application to the Small Business Administration or a Private Certifier to
be certified as a small disadvantaged business concern in accordance with 13 CFR 124, Subpart B,
and a decision on that application is pending, and that no material change in disadvantaged
ownership and control has occurred since its application was submitted.
(2) For Joint Ventures. The offeror represents, as part of its offer, that it is a joint venture that complies
with the requirements at 13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of this
provision is accurate for the small disadvantaged business concern that is participating in the joint
venture. [The offeror shall enter the name of the small disadvantaged business concern that is
participating in the joint venture: .]
(c) Penalties and Remedies. Anyone who misrepresents any aspects of the disadvantaged status of a concern
for the purposes 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 debarment; and
(3) Be ineligible for participation in programs conducted under the authority of the Small Business Act.
(End of provision)
Alternate I (Oct 1998)
52.22218
Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2001)
(End of provision)
52.22222
Previous Contracts and Compliance Reports (Feb 1999)
As prescribed in 19.307(b), add the following paragraph (b)(3) to the basic provision:
(3) Address. The offeror represents that its address is is not in a region for which a small disadvantaged
business procurement mechanism is authorized and its address has not changed since its certification as
a small disadvantaged business concern or submission of its application for certification. The list of
authorized small disadvantaged business procurement mechanisms and regions is posted at
http://www.arnet.gov/References/sdbadjustments.htm. The offeror shall use the list in effect on the
date of this solicitation. "Address," as used in this provision, means the address of the offeror as listed on
the Small Business Administration's register of small disadvantaged business concerns or the address on
the completed application that the concern has submitted to the Small Business Administration or a
Private Certifier in accordance with 13 CFR part 124, subpart B. For joint ventures, "address" refers to
the address of the small disadvantaged business concern that is participating in the joint venture.
(a) Definition:
"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.
(b) Listed end products. The following end product(s) being acquired under this solicitation is (are) included in
the List of Products Requiring Contractor Certification as to Forced or Indentured Child Labor, identified by
their country of origin. There is a reasonable basis to believe that listed end products from the listed
countries of origin may have been mined, produced, or manufactured by forced or indentured child labor.
Listed End Products
Listed Country of
Origin
Bamboo Burma
Beans (including yellow,
soya, and green beans
Burma
Bricks (handmade)
Burma, Pakistan
Chilies Burma
Corn Burma
Pineapples Burma
Rice Burma
Rubber Burma
Shrimp (acquaculture) Burma
Sugarcane Burma
Teak Burma
(c) Certification. The Government will not make award to an offeror unless the offeror, by checking the
appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision
(1) The offeror will not supply any end product listed in paragraph (b) of this provision that was mined,
produced, or manufactured in a corresponding country as listed for that end product.
(2) The offeror may supply an end product listed in paragraph (b) 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 such end product. On the basis of those efforts, the
offeror certifies that it is not aware of any such use of child labor.
The offeror represents that(
a) It has It has not participated in a previous contract or subcontract subject the Equal Opportunity
clause of this solicitation;
(b) It has It 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.
(End of provision)
52.22225
Affirmative Action Compliance (Apr 1984)
(End of provision)
52.22248
Exemption from Application of Service Contract Act Provisions for Contracts for Maintenance,
Calibration, and/or Repair of Certain Information Technology, Scientific and Medical and/or Office and
Business EquipmentContractor
Certification (Aug 1996)
52.2234
Recovered Material Certification (Oct 1997)
GERALD DANIEL KRUG has elected not to complete this provision. Information pertaining to this provision, must be
submitted to the Government with individual offers/proposals.
(End of provision)
52.2239
Estimate of Percentage of Recovered Material Content for EPADesignated
Products
GERALD DANIEL KRUG has elected not to complete this provision. Information pertaining to this provision, must be
submitted to the Government with individual offers/proposals.
(End of provision)
52.22313
Certification of Toxic Chemical Release Reporting (Aug 2003)
GERALD DANIEL KRUG has elected not to complete this provision. Information pertaining to this provision, must be
submitted to the Government with individual offers/proposals.
(End of provision)
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 601
and 602)
; 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.
(a) The following certification shall be checked:
Certification
The offeror certifies does not certify that (
1) The items of equipment to be serviced under this contract are commercial items which are used regularly
for other than Government purposes, and are sold or traded by the Contractor in substantial quantities to
the general public in the course of normal business operations;
(2) The contract services are furnished at prices which are, or are based on, established catalog or market
prices for the maintenance, calibration, and/or repair of certain information technology, scientific and
medical and/or office and business equipment. An "established catalog price" is a price (including discount
price) recorded in a catalog, price list, schedule, or other verifiable and established record that is
regularly maintained by the manufacturer or the Contractor and is either published or otherwise available
for inspection by customers. An "established market price" is a current price, established in the course of
ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated by data
from sources independent of the manufacturer or Contractor; and
(3) The Contractor utilizes the same compensation (wage and fringe benefits) plan for all service employees
performing work under the contract as the Contractor uses for equivalent employees servicing the same
equipment of commercial customers.
(b) If a negative certification is made and a Service Contract Act wage determination is not attached to the
solicitation, the Contractor shall notify the Contracting Officer as soon as possible
(c) Failure to execute the certification in paragraph (a) of this clause or to contact the Contracting Officer as
required in paragraph (b) of this clause may render the bid or offer nonresponsive.
(End of provision)
52.2252
Buy American Act Certificate (June 2003)
(End of provision)
52.2254
Buy American ActFree
Trade AgreementsIsraeli
Trade Act Certificate (Jan 2005)
(End of provision)
52.2256
Trade Agreements Certificate (Jan 2005)
(a) The offeror certifies that each end product, except those listed in paragraph (f)(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 United States that do not qualify as domestic end products. The
terms "component," "domestic end product," "end product," "foreign end product," and "United States" are
defined in the clause of this solicitation entitled "Buy American ActSupplies."
(b) Foreign End Products:
Description: Country of Origin:
(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal
Acquisition Regulation.
(a) The offeror certifies that each end product, except those listed in paragraph (b) or (c) 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," "end product of Australia, Canada, Chile, Mexico, or Singapore," "foreign end
product," "Israeli end product," and "United States" are defined in the clause of this solicitation entitled "Buy
American ActFree
Trade AgreementsIsraeli
Trade Act."
(b) The offeror certifies that the following supplies are end products of Australia, Canada, Chile, Mexico, or
Singapore or Israeli end products as defined in the clause of this solicitation entitled "Buy American ActFree
Trade AgreementsIsraeli
Trade Act": End products of Australia, Canada, Chile, Mexico, or Singapore or
Israeli End Products:
Description: Country of Origin:
(c) The offeror shall list those supplies that are foreign end products (other than those listed in paragraph (b) of
this provision) as defined in the clause of this solicitation entitled "Buy American ActFree
Trade AgreementsIsraeli
Trade Act." The offeror shall list as other foreign end products those end products manufactured in
the United States that do not qualify as domestic end products.
Other Foreign End Products:
Description: Country of Origin:
(d) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal
Acquisition Regulation.
Alternate I (Jan 2004)
As prescribed in 25.1101 (b)(2)(ii), substitute the following paragraph (b) for paragraph (b) of the basic
provision:
(b) The offeror certifies that the following supplies are Canadian end products as defined in the clause of this
solicitation entitled "Buy American ActFree
Trade AgreementsIsraeli
Trade Act": Canadian End Products:
Description: Country of Origin:
Alternate II (Jan 2004)
As prescribed in 25.1101(b)(2)(iii), substitute the following paragraph (b) for paragraph (b) of the basic
provision:
(b) TThe 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 ActFree
Trade AgreementsIsraeli
Trade
Act": Canadian or Israeli End Products:
Description: Country of Origin:
(a) The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a U.S.made,
or designated country, end product, as defined in the clause of this solicitation entitled "Trade
Agreements."
(b) The offeror shall list as other end products those supplies that are not U.S.made,
or designated country,
end products. Other End Products:
(End of provision)
52.2262
Historically Black College or University and Minority Institution Representation (May 2001)
(End of provision)
52.22715
Representation of Limited Rights Data and Restricted Computer Software (May 1999)
(End of provision)
Description: Country of Origin:
(c) The Government will evaluate offers in accordance with the policies and procedures of Part 25 of the Federal
Acquisition Regulation. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.made,
or designated 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,
or designated country, end products unless the
Contracting Officer determines that there are no offers for those products or that the offers for those
products are insufficient to fulfill the requirements of this solicitation.
(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. 1067k, including a Hispanicserving
institution of higher
education, as defined in Section 316(b)(1) of the Act (20 U.S.C. 1101a)).
(b) Representation. The offeror represents that itis
is not a historically black college or university;
is is not a minority institution.
(a) 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 52.22716
of the FAR, if included in the contract. Any data delivered under the resulting contract will be subject to the
Rights in DataGeneral
clause at 52.22714
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.
(b) As an aid in determining the Government's need to include Alternate II or Alternate III in the clause at
52.22714,
Rights in DataGeneral,
the offeror shall complete paragraph (c) 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.
(c) 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 DataGeneral."