(Note: This certification is only required for proposals or pending Contract awards exceeding $100,000 in value and shall only cover activities occurring from December 23, 1989 and on. ) By submission of a proposal, the offeror certifies to the following: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, 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 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 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 in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The offeror certifies that it [______] is [______] is not aware of any potential organization conflict of interest that it may have under this procurement. If the offeror is aware of any potential conflict of interest, the offeror shall submit a disclosure statement fully describing the situation. An organizational conflict of interest is as defined and illustrated in FAR 9.5. RFP-90-016 K. 25 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (FAR 52.227-15) (JUNE 1987) (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 52.227-16 of the FAR, if included in the contract. Any data delivered under the resulting contract will be subject to the Rights in Data -- General clause at 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. (b) As an aid in determining the Government's need to include any of the aforementioned Alternates in the clause at 52. 227-14, Rights in Data General, the offeror's response to this solicitation shall, to the extent feasible, complete the representation in paragraph (b) of this clause to either state that none of the data qualify as limited rights data or restricted computer software, or identify 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 in not determinative of the status of such data should a contract be awarded to the offeror. REPRESENTATION CONCERNING DATA RIGHTS Offeror has reviewed the requirements for the delivery of data or software an 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". RFP-90-016 K. 26 CLEAN AIR AND WATER CERTIFICATION (FAR 52.223-1) (APRIL 1984) The Offeror certifies that- (A) Any facility to be used in the performance of this proposed contract is [_], is not [_] listed on the Environmental Protection Agency List of Violating Facilities; (B) The Offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the Environmental Protection Agency, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and (C) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt (a) The Offeror/Contractor shall excute and submit to the Contracting Officer the following certificate with any offer/proposal as required by section 15. 813-2 of the Federal Acquisition Regulation (FAR) or requested by the Contracting Officer: CERTIFICATE OF COMMERCIAL PRICING (1) Unless justified in (2) below, by submission of this offer/proposal, the Offeror/Contractor certifies that the prices offered for those items of supply (whether or not separately identified) that the Contractor offers for sale to the public are no higher than the lower price charged to any other customer, including any governmental instrumentality, during which the preceding 60 days. (2) All items for which prices offered are higher than any lower price charged to any other customer during the preceding 60 days are identified below (including the amount(s) by which such offered prices are higher) and a written justification for the differences is attached. Items Price Differences Offer/Proposal No. Firm (List as necessary) Title RFP-90-016 (End of Certificate) (b) The Contracting Officer or representatives of the Contracting Officer who are employees of the Government shall have the right to examine and audit all books, records, documents, and other data of the Contractor related to the pricing of the commercial items covered by this offer/proposal. The Contractor shall make these books, records, documents, and other data available for examination, audit, or reproduction until three years after final payment under this contract. (c) If any price, including profit or fee negotiated in connection with this contract, or any cost cost reimbursable under this contract has increased because the certification in paragraph (1) of the Certificate or the information provided as justification in paragraph (2) of the Certificate was inaccurate, incomplete, or misleading, the price or cost shall be reduced accordingly and the contract shall be modified to reflect the reduction. K. 28 COST ACCOUNTING STANDARDS NOTICES AND (FAR 52.230-2) (SEPT 1987) Note: This notice does not apply to small businesses or foreign governments. (A) Any contract over $100,000 resulting from this solicitation shall be subject to Cost Accounting Standards (CAS) if it is awarded to a business unit that is currently performing a national defense CAS-covered contract or subcontract, except when- (1) The award is based on adequate price competition; (2) (3) The price is set by law or regulation; The price is based on established catalog or market prices of commercial items sold in substantial quantities to the general public; от (4) One of the exemptions in Federal Acquisition Regulation (FAR) 30.201-1(b) applies. (B) Contracts not exempted from CAS shall be subject to full or modified coverage as follows: (1) If the business unit receiving the award is currently (2) RFP-90-016 and Administration of Cost Accounting Standards (52.230-4). If the business unit receiving the award is currently performing a national defense contract or subcontract subject to modified CAS coverage (FAR 30. 201-2(b)), this contract will have modified coverage and will contain the clauses entitled Disclosure and Consistency of Cost Accounting Practices (52. 230-5) and Administration of Cost Accounting Standards (52. 230-4). [_] The offeror is not performing any CAS-covered national defense contract or subcontract. The offeror further certifies that it will immediately notify the Contracting Officer in writing if it is awarded any national defense CAS-covered contract or subcontract subsequent to the date of this certificate but before the date of the award of a contract resulting from this solicitation. (If this statement applies, no further certification is required.) [_] The offeror is currently performing a negotiated national defense contract or subcontract that contains the Cost Accounting Standards clause at FAR 52. 230–3. [_] The offeror is currently performing a negotiated national defense contract or subcontract that contains the Disclosure and Consistency of Cost Accounting Practices clause at FAR 52. 230-5. B. Additional Certification--CAS Applicable Offerors [_] The offeror subject to Cost Accounting Standards further certifies that practices used in estimating costs in pricing this proposal are consistent with the practices disclosed in the Disclosure Statement where it has been submitted as required by FAR 30. 202-1 through 30. 202-5. C. Data Required--CAS Covered Offerors The offeror certifying that it is currently performing a Name of Contracting Officer: Address: Telephone Number: |
