![](media/image1.wmf){width="0.8243055555555555in"
height="0.6888888888888889in"} Procurement Notice

National Aeronautics and

Space Administration

Washington, DC 20546

##  PN 97-95

###  March 22, 2004

## REPRESENTATIONS AND CERTIFICATIONS--OTHER THAN COMMERICAL ITEMS

***Background:*** NASA FAR Supplement (NFS) provision 1852.213-70,
Offeror Representations and Certifications---Other Than Commercial
Items, provides a consolidated set of representations and certifications
for use under non-commercial simplified acquisitions. This PN makes
changes to NFS 1852.213-70 to conform to changes made to FAR provisions
52.225-4 and 52.225-6 by FACs 01-14 and 01-19, and changes made to
52.225-2 by FAC 01-14. These FAR provisions are included as paragraphs
(e) and (f) of 1852.213-70. Specifically, FAC 01-14 clarified the use of
the term "United States," when used in a geographic sense and provided a
definition of "outlying areas" of the United States, a term that
encompasses the named outlying commonwealths, territories, and minor
outlying islands. In addition to changes required in paragraphs (e) and
(f) of 1852.213-70, a change is required in the introductory text of
paragraph (c) as a result of the definition of "outlying areas". FAC
01-19 made changes to implement the new Free Trade Agreements with Chile
and Singapore, as approved by Congress (Pub. L. 108-77 and 108-78).
These changes included removing references to "North American Free Trade
Agreement" and incorporating the new concept of "Free Trade Agreements"
in FAR provisions 52.225-4 and 52.225-6. Also, this PN revises
1852.213-70 to incorporate the definition of "service-disabled veteran"
into the definition of "service-disabled veteran-owned small business
concern" consistent with FAR 2.101(b

*ACQUISITIONS AFFECTED BY CHANGES*: Non-commercial acquisitions between
\$2,500 and \$100,000.

***ACTION REQUIRED BY CONTRACTING OFFICERS**:* Use the revised provision
1852.213-70, Offeror Representations and Certifications---Other Than
Commercial Items, in all non-commercial solicitations between \$2,500
and \$100,000 issued after March 22, 2004.

***CLAUSE CHANGES:*** Provision 1852.213-70 is revised.

***PARTS AFFECTED:*** Changes are made in Part 1852.

*REPLACEMENT PAGES:* You may use the enclosed pages to replace 52:9
through 52:10.8, 52-91, and 52-92 of the NASA FAR Supplement.

***TYPE OF RULE AND PUBLICATION DATE:*** This PN was published as an
interim rule in the Federal Register (68 FR 13260 - 13261) on March 22,
2004.

**HEADQUARTERS CONTACT:** Celeste Dalton, Code HK, (202) 358-1645,
e-mail: Celeste.M.Dalton@nasa.gov.

James Balinskas

Director, Contract Management Division

Enclosures

**1852.213-70 Offeror Representations and Certifications--Other Than
Commercial Items.**

As prescribed in 1813.302-570, insert the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS---OTHER THAN COMMERCIAL ITEMS

(MARCH 2004)

\(a\) *Definitions.* As used in this provision\--

*\"Emerging small business\"* means a small business concern whose size
is no greater than 50 percent of the numerical size standard for the
NAICS code designated.

*\"Forced or indentured child labor\"* means all work or service\--

\(1\) Exacted from any person under the age of 18 under the menace of
any penalty for its nonperformance and for which the worker does not
offer himself voluntarily; or

\(2\) Performed by any person under the age of 18 pursuant to a contract
the enforcement of which can be accomplished by process or penalties.

*\"Service-disabled veteran-owned small business concern\"* \--

\(1\) Means a small business concern\--

\(i\) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and

\(ii\) The management and daily business operations of which are
controlled by one or more service-disabled veterans or, in the case of a
veteran with permanent and severe disability, the spouse or permanent
caregiver of such veteran.

\(2\) Service-disabled veteran means a veteran, as defined in 38 U.S.C.
101(2), with a disability that is service-connected, as defined in 38
U.S.C. 101(16).

*\"Small business concern\"* means a concern, including its affiliates,
that is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR Part 121 and size
standards in this solicitation.

*\"Veteran-owned small business concern\"* means a small business
concern\--

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

*\"Women-owned small business concern\"* means a small business
concern\--

\(1\) That is at least 51 percent owned by one or more women; or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

\(b\) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C.
7701).

\(1\) All offerors must submit the information required in paragraphs
(b)(3) through (b)(5) of this provision to comply with debt collection
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of
26 U.S.C. 6041, 6041A, and 6050M, and implementing regulations issued by
the Internal Revenue Service (IRS).

\(2\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror\'s relationships with the
Government (31 U.S.C. 7701(c)(3)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, the TIN
provided hereunder may be matched with IRS records to verify the
accuracy of the offeror\'s TIN.

\(3\) *Taxpayer Identification Number (TIN).*

\[ \] TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\[ \] TIN has been applied for.

\[ \] TIN is not required because:

\[ \] Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;

\[ \] Offeror is an agency or instrumentality of a foreign government;

\[ \] Offeror is an agency or instrumentality of the Federal Government.

\(4\) *Type of organization.*

\[ \] Sole proprietorship;

\[ \] Partnership;

\[ \] Corporate entity (not tax-exempt);

\[ \] Corporate entity (tax-exempt);

\[ \] Government entity (Federal, State, or local);

\[ \] Foreign government;

\[ \] International organization per 26 CFR 1.6049-4;

\[ \] Other \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(5\) *Common parent.*

\[ \] Offeror is not owned or controlled by a common parent;

\[ \] Name and TIN of common parent:

Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

TIN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(c\) Offerors must complete the following representations when the
resulting contract will be performed in the 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.

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

\(3\) *Service-disabled veteran-owned small business concern.*
\[Complete only if the offeror represented itself as a veteran-owned
small business concern in paragraph (c)(2) of this provision.\] The
offeror represents as part of its offer that it \[ \] is, \[ \] is not a
service-disabled veteran-owned small business concern.

\(4\) *Small disadvantaged business concern.* \[Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.\] The offeror represents, for general
statistical purposes, that it \[ \] is, \[ \] is not a small
disadvantaged business concern as defined in 13 CFR 124.1002.

\(5\) *Women-owned small business concern.* \[Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.\] The offeror represents that it \[ \] is, \[
\] is not a women-owned small business concern.

\(6\) *Small Business Size for the Small Business Competitiveness
Demonstration Program and for the Targeted Industry Categories under the
Small Business Competitiveness Demonstration Program.* \[Complete only
if the offeror has represented itself to be a small business concern
under the size standards for this solicitation.\]

\(i\) \[Complete only for solicitations indicated as being set-aside for
emerging small

businesses in one of the four designated industry groups (DIGs).\] The
offeror represents as part of its offer that it \[ \] is, \[ \] is not
an emerging small business.

\(ii\) \[Complete only for solicitations indicated as being for one of
the targeted industry

categories (TICs) or four designated industry groups (DIGs).\] Offeror
represents as follows:

\(A\) Offeror\'s number of employees for the past 12 months (check the
Employees

column if size standard stated in the solicitation is expressed in terms
of number of employees); or

\(B\) Offeror\'s average annual gross revenue for the last 3 fiscal
years (check the Average Annual Gross Number of Revenues column if size
standard stated in the solicitation is expressed in terms of annual
receipts).

(Check one of the following):

+-------------------------------+--------------------------------------+
| ## NUMBER OF EMPLOYEES        | **AVERAGE ANNUAL GROSS REVENUES**    |
+-------------------------------+--------------------------------------+
| \_\_\_ 50 or fewer            | \_\_\_ \$1 million or less           |
+-------------------------------+--------------------------------------+
| \_\_\_ 51-100                 | \_\_\_ \$1,000,001\--\$2 million     |
+-------------------------------+--------------------------------------+
| \_\_\_ 101-250                | \_\_\_ \$2,000,001\--\$3.5 million   |
+-------------------------------+--------------------------------------+
| \_\_\_ 251-500                | \_\_\_ \$3,500,001\--\$5 million     |
+-------------------------------+--------------------------------------+
| \_\_\_ 501-750                | \_\_\_ \$5,000,001\--\$10 million    |
+-------------------------------+--------------------------------------+
| \_\_\_ 751-1000               | \_\_\_ \$10,000,001\--\$17 million   |
+-------------------------------+--------------------------------------+
| \_\_\_ Over 1000              | \_\_\_ Over \$17 million             |
+-------------------------------+--------------------------------------+

\(7\) *HUBZone small business concern.* \[Complete only if the offeror
represented itself as a small business concern in paragraph (c)(1) of
this provision.\] The offeror represents as part of its offer that\--

\(i\) It \[ \] is, \[ \] is not a HUBZone small business concern listed,
on the date of this

representation, on the List of Qualified HUBZone Small Business Concerns
maintained by the Small Business Administration, and no material change
in ownership and control, principal office, or HUBZone employee
percentage has occurred since it was certified by the Small Business
Administration in accordance with 13 CFR Part 126; and

\(ii\) It \[ \] is, \[ \] is not a joint venture that complies with the
requirements of 13

CFR Part 126, and the representation in paragraph (c)(7)(i) of this
provision is accurate for the HUBZone small business concern or concerns
that are participating in the joint venture. \[The offeror shall enter
the name or names of the HUBZone small business concern or concerns that
are participating in the joint venture:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\] Each HUBZone
small business concern participating in the joint venture shall submit a
separate signed copy of the HUBZone representation.

\(8\) (Complete if dollar value of the resultant contract is expected to
exceed \$25,000 and the offeror has represented itself as disadvantaged
in paragraph (c)(4) of this provision.) *\[The offeror shall check the
category in which its ownership falls\]:*

\_\_\_\_ Black American.

\_\_\_\_ Hispanic American.

\_\_\_\_ Native American (American Indians, Eskimos, Aleuts, or Native
Hawaiians).

\_\_\_\_ Asian-Pacific American (persons with origins from Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust
Territory of the Pacific Islands (Republic of Palau), Republic of the
Marshall Islands, Federated States of Micronesia, the Commonwealth of
the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji,
Tonga, Kiribati, Tuvalu, or Nauru).

\_\_\_\_ Subcontinent Asian (Asian-Indian) American (persons with
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the
Maldives Islands, or Nepal).

\_\_\_\_ Individual/concern, other than one of the preceding.

\(d\) *Representations required to implement provisions of Executive
Order 11246---*

\(1\) *Previous contracts and compliance*. The offeror represents
that\--

\(i\) It \[ \] has, \[ \] has not participated in a previous contract or
subcontract subject

to the Equal Opportunity clause of this solicitation; and

\(ii\) It \[ \] has, \[ \] has not filed all required compliance
reports.

\(2\) *Affirmative Action Compliance.* The offeror represents that\--

\(i\) It \[ \] has developed and has on file, \[ \] has not developed
and does not have on file, at each establishment, affirmative action
programs required by rules and regulations of the Secretary of Labor (41
CFR Parts 60-1 and 60-2), or

\(ii\) It \[ \] has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.

\(e\) *Buy American Act Certificate.* (Applies only if the clause at
Federal Acquisition Regulation (FAR) 52.225-1, Buy American
Act\--Supplies, is included in this solicitation.)

\(1\) The offeror certifies that each end product, except those listed
in paragraph (e)(2) of this provision, is a domestic end product and
that the offeror has considered components of unknown origin to have
been mined, produced, or manufactured outside the United States. The
offeror shall list as foreign end products those end products
manufactured in the 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 Act---Supplies."

\(2\) Foreign End Products:

  ---------------------------------------- --------------------------------------------
  LINE ITEM NO.                            COUNTRY OF ORIGIN

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ---------------------------------------- --------------------------------------------

\[List as necessary\]

\(3\) The Government will evaluate offers in accordance with the
policies and procedures of FAR Part 25.

(f)(1) *Buy American Act\--Free Trade Agreements\--Israeli Trade Act
Certificate.* (Applies only if the clause at FAR 52.225-3, Buy American
Act\--Free Trade Agreements\--Israeli Trade Act, is included in this
solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (f)(1)(ii) or (f)(1)(iii) of this provision, is a domestic
end product and that the offeror has considered components of unknown
origin to have been mined, produced, or manufactured outside the United
States. The terms "component," "domestic end product," "end product,"
"foreign end product," and "United States" are defined in the clause of
this solicitation entitled \"Buy American Act\--Free Trade
Agreements\--Israeli Trade Act\".

\(ii\) The offeror certifies that the following supplies are FTA country
end products or Israeli end products as defined in the clause of this
solicitation entitled \"Buy American Act\--Free Trade
Agreements\--Israeli Trade Act\":

FTA Country or Israeli End Products:

  ---------------------------------------- --------------------------------------------
  LINE ITEM NO.                            COUNTRY OF ORIGIN

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ---------------------------------------- --------------------------------------------

\[List as necessary\]

\(iii\) The offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (f)(1)(ii) of this
provision) as defined in the clause of this solicitation entitled \"Buy
American Act\--Free Trade Agreements\--Israeli Trade Act.\" The offeror
shall list as other foreign end products those end products manufactured
in the 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\--Free Trade Agreements\--Israeli Trade Act
Certificate, Alternate I* (JAN 2004). If Alternate I to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following
paragraph (f)(1)(ii) for paragraph (f)(1)(ii) of the basic provision:

(f)(1)(ii) The offeror certifies that the following supplies are
Canadian end products as defined in the clause of this solicitation
entitled \"Buy American Act\--Free Trade Agreements\--Israeli Trade
Act\":

Canadian End Products:

Line Item No.

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(List as necessary)

\(3\) *Buy American Act\--Free Trade Agreements\--Israeli Trade Act
Certificate, Alternate II* (JAN 2004). If Alternate II to the clause at
FAR 52.225-3 is included in this solicitation, substitute the following
paragraph (f)(1)(ii) for paragraph (f)(1)(ii) of the basic provision:

(f)(1)(ii) The offeror certifies that the following supplies are
Canadian end products or Israeli end products as defined in the clause
of this solicitation entitled \"Buy American Act\--Free Trade
Agreements\--Israeli Trade Act\":

Canadian or Israeli End Products:

  ---------------------------------------- --------------------------------------------
  LINE ITEM NO.                            COUNTRY OF ORIGIN

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

  \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_   \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
  ---------------------------------------- --------------------------------------------

\[List as necessary\]

\(4\) *Trade Agreements Certificate.* (Applies only if the clause at FAR
52.225-5, Trade Agreements, is included in this solicitation.)

\(i\) The offeror certifies that each end product, except those listed
in paragraph (f)(4)(ii) of this provision, is a U.S.-made, designated
country, Caribbean Basin country, or FTA country end product, as defined
in the clause of this solicitation entitled \"Trade Agreements.\"

\(ii\) The offeror shall list as other end products those end products
that are not U.S.-made, designated country, Caribbean Basin country, or
FTA 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 FTA country end products
without regard to the restrictions of the Buy American Act. The
Government will consider for award only offers of U.S.-made, designated
country, Caribbean Basin country, or FTA country end products unless the
Contracting Officer determines that there are no offers for such
products or that the offers for such products are insufficient to
fulfill the requirements of the solicitation.

\(g\) *Certification Regarding Knowledge of Child Labor for Listed End
Products (Executive Order 13126).* \[The Contracting Officer must list
in paragraph (g)(1) any end products being acquired under this
solicitation that are included in the List of Products Requiring
Contractor Certification as to Forced or Indentured Child Labor, unless
excluded at FAR 22.1503(b).\]

\(1\) *Listed end products.*

+-----------------------------------+----------------------------------+
| Listed End Product                | # Listed Countries of Origin     |
+-----------------------------------+----------------------------------+
| \_\_\                             | \_\_\_\_\_                       |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
+-----------------------------------+----------------------------------+
| \_\_\                             | \_\_\_\_\_                       |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
+-----------------------------------+----------------------------------+
| \_\_\                             | \_\_\_\_\_                       |
| _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
+-----------------------------------+----------------------------------+

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

\[ \] (i) The offeror will not supply any end product listed in
paragraph (g)(1) of this provision that was mined, produced, or
manufactured in the corresponding country as listed for that product.

\[ \] (ii) The offeror may supply an end product listed in paragraph
(g)(1) of this provision that was mined, produced, or manufactured in
the corresponding country as listed for that product. The offeror
certifies that it has made a good faith effort to determine whether
forced or indentured child labor was used to mine, produce, or
manufacture any such end product furnished under this contract. On the
basis of those efforts, the offeror certifies that it is not aware of
any such use of child labor.

(End of provision)

**ALTERNATE I**

(MARCH 2004)

As prescribed in 1813.302-570(a)(2)(i), add the following paragraph to
the end of the basic provision and identify appropriately:

( ) *Recovered Material Certification .* As required by the Resource
Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the
offeror certifies, that the percentage of recovered materials to be used
in the performance of the contract will be at least the amount required
by the applicable contract specifications.

**ALTERNATE II**

(MARCH 2004)

As prescribed in 1813.302-570(a)(2)(ii), add the following paragraph to
the end of the basic provision and identify appropriately:

( ) Historically Black College Or University And Minority Institution
Representation

\(1\) *Definitions.* As used in this provision\--

*\"Historically black college or university\"* means an institution
determined by the Secretary of Education to meet the requirements of 34
CFR 608.2. For the Department of Defense, the National Aeronautics and
Space Administration, and the Coast Guard, the term also includes any
nonprofit research institution that was an integral part of such a
college or university before November 14, 1986.

*\"Minority institution\"* means an institution of higher education
meeting the requirements of Section 1046(3) of the Higher Education Act
of 1965 (20 U.S.C. 1067k, including a Hispanic-serving institution of
higher education, as defined in Section 316(b)(1) of the Act (20 U.S.C.
1101a)).

\(2\) *Representation.* The offeror represents that it\--

( ) is ( ) is not a historically black college or university;

( ) is ( ) is not a minority institution.

**ALTERNATE III**

(MARCH 2004)

As prescribed in 1813.302-570(a)(2)(iii), add the following paragraph to
the end of the basic provision and identify appropriately:

( ) *Representation Of Limited Rights Data And Restricted Computer
Software.*

\(1\) This solicitation sets forth the work to be performed if a
contract award results, and the Government\'s known delivery
requirements for data (as defined in FAR 27.401). Any resulting contract
may also provide the Government the option to order additional data
under the Additional Data Requirements clause at FAR 52.227-16, if
included in the contract. Any data delivered under the resulting
contract will be subject to the Rights in Data-General clause at FAR
52.227-14 that is to be included in this contract. Under the latter
clause, a Contractor may withhold from delivery data that qualify as
limited rights data or restricted computer software, and deliver form,
fit, and function data in lieu thereof. The latter clause also may be
used with its Alternates II and/or III to obtain delivery of limited
rights data or restricted computer software, marked with limited rights
or restricted rights notices, as appropriate. In addition, use of
Alternate V with this latter clause provides the Government the right to
inspect such data at the Contractor\'s facility.

\(2\) As an aid in determining the Government\'s need to include
Alternate II or Alternate III in the clause at FAR 52.227-14, Rights in
Data-General, the offeror shall complete paragraph (3) of this provision
to either state that none of the data qualify as limited rights data or
restricted computer software, or identify, to the extent feasible, which
of the data qualifies as limited rights data or restricted computer
software. Any identification of limited rights data or restricted
computer software in the offeror\'s response is not determinative of the
status of such data should a contract be awarded to the offeror.

\(3\) The offeror has reviewed the requirements for the delivery of data
or software and states \[offeror check appropriate block\]\--

( ) None of the data proposed for fulfilling such requirements qualifies
as limited rights data or restricted computer software.

( ) Data proposed for fulfilling such requirements qualify as limited
rights data or restricted computer software and are identified as
follows:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

*Note:* \"Limited rights data\" and \"Restricted computer software\" are
defined in the contract clause entitled \"Rights in Data-General.\"

**1852.213-71 Evaluation---Other Than Commercial Items.**

As prescribed in 1813.302-570(b) insert the following provision:

**Evaluation---OTHER THAN Commercial Items**

(JUNE 2002)

\(a\) The Government will award a contract resulting from this
solicitation to the responsible offeror whose offer conforming to the
solicitation will be most advantageous to the Government, price and
other factors considered. The following factors shall be used to
evaluate offers:

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[Contracting Officer shall insert the evaluation factors, such as (i)
technical capability of the item offered to meet the Government
requirement; (ii) price; (iii) past performance (see FAR 15.304).\]

\(b\) Options. The Government will evaluate offers for award purposes by
adding the total price for all options to the total price for the basic
requirement. The Government may determine that an offer is unacceptable
if the option prices are significantly unbalanced. Evaluation of options
shall not obligate the Government to exercise the option(s).

(End of provision)

**1852.214-70 Caution to Offerors Furnishing Descriptive Literature.**

As prescribed in 1814.201-670(a), insert the following provision:

**CAUTION TO OFFERORS FURNISHING**

**DESCRIPTIVE LITERATURE**

**(DECEMBER 1988)**

Bidders are cautioned against furnishing as a part of their bids
descriptive literature that

includes language reserving to the bidder the right to deviate from the
requirements of the invitation for bids. Statements that \"Data are
subject to change without notice,\" \"Prices subject to change without
notice,\" or words having a similar effect are examples of such
reservation. The Government will reject as nonresponsive any bid that
incorporates literature containing such language or any bid that must be
evaluated by using literature containing such language. Bidders should
clearly label any submissions of descriptive literature not intended to
form a part of a bid as such in order to preclude any need for the
Government to interpret the bidder\'s intent in submitting descriptive
literature. \[See FAR 14.202-5.\]

**(End of provision)**

**1852.214-71 Grouping for Aggregate Award.**

As prescribed in 1814.201-670(c), insert the following provision:

**GROUPING FOR AGGREGATE AWARD**

**(MARCH 1989)**

\(a\) The Government will evaluate offers and make award on a basis of
the aggregate offers for items

> [\[Insert the item numbers and/or descriptions\]]{.underline}.

The Government will not consider an offer for quantities less than those
specified for these items.

\(b\) If this is an invitation for bids, the Government will reject as
nonresponsive a bid that is not made on the total quantities for all of
the items specified in paragraph (a) of this section.

**(End of provision)**

**1852.214-72  Full Quantities.**

As prescribed in 1814.201-670(b), insert the following provision:

**FULL QUANTITIES**

**(DECEMBER 1988)**

The Government will not consider an offer for quantities of items less
than those specified. If this is an invitation for bids, the Government
will reject as nonresponsive a bid that is not made on full quantities.

**(End of provision)**