(N) (0) (P) Other RFP-90-016 Have the proposed indirect cost rate(s) been evaluated and If yes, name and location of the Government agency: Date of last preaward audit review by a Government agency: (If the answer is no, data supporting the proposed rates must accompany the cost or price proposal. A breakdown of the items comprising overhead and G&A must be furnished. > Cost estimating is performed by: Accounting Department Contracting Department, Has system of control of Government property been approved by Has your purchasing system been approved by a Government No If yes, name and location of the Government agency: (R) Does your firm have an established written incentive K. 14 SMALL BUSINESS CONCERN REPRESENTATION The offeror represents and certifies as part of its offer that it [_] is, [_] is not a small business concern and that [_] all, [_] not all end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands. "Small business concern, as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant RFP-90-016 in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. K. 15 SMALL DISADVANTAGED BUSINESS CONCERN REPRESENTATION (A) Representation. The offeror represents that it [_] is, [_] is not a small disadvantaged business concern. "Asian-Indian American," as used in this provision, means a United States citizen whose origins are in India, Pakistan, or Bangladesh. "Asian-Pacific American," as used in this provision, means a United States citizen whose origins are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U. S. Trust Territory of the Pacific Islands, the Northern Mariana Islands, Laos, Cambodia, or Taiwan. "Native Americans," as used in this provision, means American Indians, Eskimos, Aleuts, and native Hawaiians. "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 and size standards in 13 CFR 121. "Small disadvantaged business concern," as used in this provision, means a small business concern that (1) is at least 51 percent 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 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. (C) Qualified groups. The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Asian-Indian Americans, and other individuals found to be qualified by the SBA under 13 CFR 124. 1. K. 16 WOMEN-OWNED SMALL BUSINESS REPRESENTATION (FAR 52. 219-3) (APRIL 1984) (A) Representation. The offeror represents that it [_] is, [_] is not a women-owned small business concern. "Small business concern," as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not RFP-90-016 dominate in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121. "Women-owned, " as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are V. S. citizens and who also control and operate the business. K. 17 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52. 222-22) (APRIL 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 310 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114; (B) It [_] has, [_] has not filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (C) K. 18 NOTICE OF RESTRICTIONS ON CONTRACTING WITH SANCTIONED PERSONS (FAR 52. 225-12) (MAY 1989) (a) Statutory prohibitions have been imposed on contracting with sanctioned persons, as specified in Federal Acquisition Regulation (FAR) 52. 225-13. Restrictions on Contracting with Sanctioned Persons. (b) By submission of this offer, the Offeror represents that no products or services, except those listed in this paragraph (b), delivered to the Government under any contract resulting from this solicitation will be products or services of a sanctioned person, as defined in the clause referenced in paragraph (a) of this provision, unless one of the exceptions in paragraph (d) of the clause at FAR 52. 225-13 applies. Product or service Sanctioned person RFP-90-016 K. 19 AFFIRMATIVE ACTION COMPLIANCE (FAR 52.222-25) (APRIL 1984) The offeror represents that (a) it [_] has developed and has on file, [_] has not developed and does not have on file, at each establishment, affirmative action programs required by the rules and regulations of the Secretary of Labor (41 CFR 60-1 and 60-2), or (b) it [_] has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. K. 20 POST EMPLOYMENT CONFLICT OF INTEREST The contractor certifies that in developing a proposal in response to the solicitation for this contract, it has not utilized the services of any former Education Department (ED) employee who, while working for the Government, participated personally and substantially in, or was officially responsible for, the development or drafting of the solicitation for this contract. The contractor further certifies that it did not utilize the services of such an ED employee in assisting or representing the offeror at negotiations for this contract. K. 21 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, (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 3-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; 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 3-year period preceding this offer, had one had one or more contracts terminated for default by any Federal agency. RFP-90-016 (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, 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. "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. |
