Company Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*(print or type)*

Authorized Company Official's Name:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*(print or type)*

Authorized Company Official's Title:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*(print or type)*

Signature:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
Date: \_\_\_\_\_\_\_\_\_\_\_\_

CAGE Code: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ NAICS
Code: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

52.212-3 [Offeror Representations and Certifications---Commercial Items
(MAY 2002)]{.underline}

\(a\) 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 of
> 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 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 business concern\" means a concern which is at least 51
> percent owned by one or more women; or in the case of any publicly
> owned business, at least 51 percent of its stock is owned by one or
> more women; and whose management and daily business operations are
> controlled by one or more women.
>
> \"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). **(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).
>
> 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 is to be performed inside the United States, its
territories or possessions, Puerto Rico, the Trust Territory of the
Pacific Islands, or the District of Columbia. **Check all that apply.**

(1) [Small business concern]{.underline}. The offeror represents as part
    of its offer that it is, is not a small business concern.

(2) [Veteran-owned small business concern]{.underline}. **\[Complete
    only if the offeror represented itself as a small business concern
    in paragraph (c)(1) of this provision.\]** 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]{.underline}. **\[Complete only if the offeror represented
> itself as a veteran-owned small business concern in paragraph (c)(2)
> of this provision.\]** 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]{.underline}. **\[Complete
> only if the offeror represented itself as a small business concern in
> paragraph (c)(1) of this provision.\]** 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]{.underline}. **\[Complete
> only if the offeror represented itself as a small business concern in
> paragraph (c)(1) of this provision.\]** The offeror represents that it
> is, is not a women-owned small business concern.

Note to Offeror: Complete paragraphs (c)(6) and (c)(7) only if this
solicitation is expected to exceed the simplified acquisition threshold.

> \(6\) [Women-owned business concern (other than small business
> concern)]{.underline}. **\[Complete only if the offeror is a
> women-owned business concern and did not represent itself as a small
> business concern in paragraph (c)(1) of this provision.\].** The
> offeror represents that it is a women-owned business concern.
>
> \(7\) [Tie bid priority for labor surplus area concerns]{.underline}.
> 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 first-tier subcontractors)
> amount to more than 50 percent of the contract price:
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
>
> \(8\) Small Business Size for the Small Business Competitiveness
> Demonstration Program and for the Targeted Industry Categories under
> the Small Business Competitiveness Demonstration Program. **\[Complete
> only if the offeror has represented itself to be a small business
> concern under the size standards for this solicitation.\]**
>
> \(i\) **\[Complete only for solicitations indicated in an addendum as
> being set-aside for emerging small businesses in one of the four
> designated industry groups (DIGs).\]** The offeror represents as part
> of its offer that it is, is not an emerging small business.

\(ii\) **\[Complete only for solicitations indicated in an addendum as
being for one of the targeted industry categories (TICs) or four
designated industry groups (DIGs).\]** 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]{.underline} [Average Annual Gross
> Revenues]{.underline}
>
> 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
>
> 751-1,000 \$10,000,001 - \$17 million
>
> Over 1,000 Over \$17 million

(9) **\[Complete only if the solicitation contains the clause at FAR
    52.219-23, Notice of Price Evaluation Adjustment for Small
    Disadvantaged Business Concerns, or FAR 52.219-25, Small
    Disadvantaged Business Participation Program---Disadvantaged Status
    and Reporting, and the offeror desires a benefit based on its
    disadvantaged status.\]**

> \(i\) General. The offeror represents that either---
>
> \(A\) It 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 (PRO-Net), 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]{.underline}. \[Complete only if
     the offeror represented itself as a small business concern in
     paragraph (c)(1) of this provision.\] The offeror represents, as
     part of its offer, that---

```{=html}
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```
(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 place of
    ownership, or HUBZone employee percentage has occurred since it was
    certified by the Small Business Administration in accordance with 13
    CFR 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)(10)(i)
     of this provision is accurate for the HUBZone small business
     concern or concerns that are participating on 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, 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.

\(e\) 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) 52.225-1, Buy American
Act---Supplies, 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 as
    defined in the clause of this solicitation entitled \"Buy American
    Act---Supplies" 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.

(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.

\(g\) (1) Buy American Act---North American Free Trade
Agreement---Israeli Trade Act Certificate. **(Applies only if the clause
at FAR 52.225-3, Buy American Act---North American Free Trade
Agreement---Israeli 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 as defined in the clause of this solicitation
> entitled \"Buy American Act---North American Free Trade
> Agreement---Israeli Trade Act\" and that the offeror has considered
> components of unknown origin to have been mined, produced, or
> manufactured outside the United States.
>
> \(ii\) The offeror certifies that the following supplies are NAFTA
> country end products or Israeli end products as defined in the clause
> of this solicitation entitled \"Buy American Act---North American Free
> Trade Agreement---Israeli Trade Act\":
>
> NAFTA 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 (g)(1)(ii) or this
> provision) as defined in the clause of this solicitation entitled
> \"Buy American Act---North American Free Trade Agreement---Israeli
> 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:
>
> 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---North American Free Trade
> Agreements---Israeli Trade Act Certificate, Alternate I (May 2002). If
> Alternate I to the clause at FAR 52.225-3 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 Act---North American Free Trade
Agreement---Israeli Trade Act\":

> Canadian End Products:
>
> Line Item No.
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \[List as necessary\]
>
> \(3\) Buy American Act---North American Free Trade
> Agreements---Israeli Trade Act Certificate, Alternate II (May 2002).
> If Alternate II to the clause at FAR 52.225-3 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 Act---North American Free
Trade Agreement---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 (g)(4)(ii) of this provision, is a U.S.-made, designated
> country, Caribbean Basin country, or NAFTA 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, Caribbean Basin country,
> or NAFTA country end products.
>
> 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 NAFTA
> 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 NAFTA
> 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 three-year period preceding this offer,
    been convicted of or had a civil judgment rendered against them for:
    commission of fraud or a criminal offense in connection with
    obtaining, attempting to obtain, or performing a Federal, state or
    local government contract or subcontract; violation of Federal or
    state antitrust statutes relating to the submission of offerors; 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). **\[The Contracting Officer must list
in paragraph (i)(1) any end products being acquired under this
solicitation that are included in the List of Products Requiring
Contractor Certification as to Forced or Indentured Child Labor, unless
excluded at 22.1503(b).\]**

> \(1\) Listed end products.
>
> Listed End Product Listed Countries of Origin
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \(2\) Certification. **\[If the Contracting Officer has identified end
> products and countries of origin in paragraph (i)(1) of this
> provision, then the offeror must certify to either (i)(2)(i) or
> (i)(2)(ii) by checking the appropriate block.\]**
>
> \(i\) 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.

(End of Provision)

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).
>
> 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
> India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands,
> or Nepal).
>
> Individual/concern, other than one of the preceding.

**[(Limited) Release Of Contractor Confidential Business Information
(CBI)]{.underline}**

\(a\) NASA may find it necessary to release information submitted by the
Contractor, either in response to this solicitation or pursuant to the
provisions of this contract, to individuals not employed by NASA.
Business information that would ordinarily be entitled to confidential
treatment may be included in the information released to these
individuals. Accordingly, by submission of this proposal, or signature
on this contract or other contracts, the Contractor hereby consents to a
limited release of its confidential business information (CBI).

\(b\) Possible circumstances where the Agency may release the
Contractor\'s CBI include, but are not limited to, the following:

> \(1\) To other Agency contractors and subcontractors, and their
> employees tasked with assisting the Agency in handling and processing
> information and documents in the evaluation**,** the award or the
> administration of Agency contracts, such as providing both pre-award
> and post award audit support and specialized technical support to
> NASA's technical evaluation panels;
>
> \(2\) To NASA contractors and subcontractors, and their employees
> engaged in information systems analysis, development, operation, and
> maintenance, including performing data processing and management
> functions for the Agency.

\(c\) NASA recognizes its obligation to protect the contractor from
competitive harm that could result from the release of such information
to a competitor. Except where otherwise provided by law, NASA will
permit the limited release of CBI under subparagraphs (1) or (2) only
pursuant to non-disclosure agreements signed by the assisting contractor
or subcontractor, and their individual employees who may require access
to the CBI to perform the assisting contract).

\(d\) NASA's responsibilities under the Freedom of Information Act are
not affected by this clause.

(e) The Contractor agrees to include this clause, including this
    paragraph (e), in all subcontracts at all levels awarded pursuant to
    this contract that require the furnishing of confidential business
    information by the subcontractor.

**[Year 2000 Compliance (May 1998)]{.underline}**

\(a\) Definition: "Year 2000 compliant," as used in this clause, means
that the information technology (hardware, software and firmware,
including embedded systems or any other electro-mechanical or
processor-based systems used in accordance with its associated
documentation) accurately processes date and date-related data
(including, but not limited to, calculating, comparing, and sequencing)
from, into, and between the twentieth and twenty-first centuries, and
the years 1999 and 2000 and leap year calculations, to the extent that
other information technology, used in combination with the information
technology being acquired, properly exchanges date and date-related data
with it.

\(b\) Any information technology provided, operated and/or maintained
under this contract is required to be Year 2000 compliant. In addition,
the Contractor shall provide documentation describing how the acquired
items or services demonstrate Year 2000 compliance, consisting of:
\[List required documentation commensurate with the complexity of the
information technology being acquired, e.g., standard product literature
or test reports for commercial items, test procedures, and/or
certification for complex systems.\]

\(c\) The Contractor warrants that any information technology items or
services provided under this contract that involve the processing of
date and date-related data are Year 2000 compliant. If the contract
requires that specific listed products must perform as a system in
accordance with the foregoing warranty, then that warranty shall apply
to those listed products as a system.

(b) The duration of this warranty and the remedies available to the
    Government for breach of this warranty shall be defined in, and
    subject to, the terms and limitations of the Contractor's standard
    commercial warranty or warranties contained in this contract
    (including paragraph (c) of this clause), provided that
    notwithstanding any provision to the contrary in such commercial
    warranty or warranties, the remedies available to the Government
    under this warranty shall, at a minimum, include repair or
    replacement of any provided item or service whose non-compliance is
    discovered and made known to the contractor in writing within 90
    days after acceptance. Nothing in this warranty shall be construed
    to limit any rights or remedies the Government may otherwise have
    under this contract with respect to defects other than Year 2000
    performance.