Department of Justice Updates the Definition of Qualified Interpreter

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Category: News

Published on Monday, 24 January 2011 05:56

Written by Daryl Crouse

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Under the Americans with Disabilities Act (ADA), physician offices are places of public accommodation that must comply with the requirements in Title III of the Act. In July of 2010, the Department of Justice (DOJ) finalized rule updates that change many of the requirements related to places of public accommodation. Click here to review the DOJ Fact Sheet that highlights changes to Title III requirements.

The requirement that is likely to be of most interest to physicians pertains to the use of devices or services to provide effective communication to hearing impaired patients.

What are the new requirements for effective communication?

According to the DOJ ADA Fact Sheet:

The rule includes video remote interpreting (VRI) services as a kind of auxiliary aid that may be used to provide effective communication. VRI is an interpreting service that uses video conference technology over dedicated lines or wireless technology offering a high-speed, wide-bandwidth video connection that delivers high-quality video images. To ensure that VRI is effective, the Department has established performance standards for VRI and requires training for users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI system.

The rule also adds exchange of written notes, real time captioning, voice, text and video-based telecommunications products and systems, including text telephones (TTY), videophones and captioned telephones as examples of permitted auxiliary aids. The rule also more precisely defines effective communication and specifically states that the means of communication may vary with the individual and the complexity and nature of the communication involved. The rule also states some specific dos and don’ts.

Access the full text of the Title III regulations here.

The 2010 Standards take effect 18 months from the publication date, likely making the “compliance date” around January 2012. Until the compliance date, covered entities can choose whether to comply with the prior standards ("1991 Standards") or the 2010 Standards.

Sec.36.104 Definitions.
Qualified interpreter means an interpreter who, via a video remote interpreting (VRI) service or an on-site appearance, is able to interpret effectively, accurately and impartially both receptively and expressively, using any necessary specialized vocabulary. Qualified interpreters include, for example, sign language interpreters, oral transliterators, and cued-language transliterators.

Video remote interpreting (VRI) service means an interpreting service that uses video conference technology over dedicated lines or wireless technology offering high-speed, wide-bandwidth video connection that delivers high-quality video images as provided in § 36.303(f).

Sec.36.303 Auxiliary aids and services.
(a) General. A public accommodation shall take those steps that may be necessary to ensure that no individual with a disability is excluded, denied services, segregated or otherwise treated differently than other individuals because of the absence of auxiliary aids and services, unless the public accommodation can demonstrate that taking those steps would fundamentally alter the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or would result in an undue burden, i.e., significant difficulty or expense.

(b) Examples. The term "auxiliary aids and services'' includes:

(1) Qualified interpreters on-site or through video remote interpreting (VRI) services; notetakers; real-time computer-aided transcription services; written materials; exchange of written notes; telephone handset amplifiers; assistive listening devices; assistive listening systems; telephones compatible with hearing aids; closed caption decoders; open and closed captioning, including real-time captioning; voice, text, and video-based telecommunications products and systems, including text telephones (TTY's), videophones, and captioned telephones, or equally effective telecommunications devices; videotext displays; accessible electronic and information technology;, or other effective methods of making aurally delivered information available to individuals who are deaf or hard of hearing;

(2) Qualified readers; taped texts; audio recordings; Brailled materials and displays; screen reader software; magnification software; optical readers; secondary auditory programs (SAP); large print materials; accessible electronic and information technology; or other effective methods of making visually delivered materials available to individuals who are blind or have low vision;

(3) Acquisition or modification of equipment or devices; and

(4) Other similar services and actions.

(c) Effective communication. (1) A public accommodation shall furnish appropriate auxiliary aids and services where necessary to ensure effective communication with individuals with disabilities. This includes an obligation to provide effective communication to companions who are individuals with disabilities.

(i) For purposes of this section, "companion" means a family member, friend, or associate of an individual seeking access to, or participating in, the goods, services, facilities, privileges, advantages, or accommodations of a public accommodation, who, along with such individual, is an appropriate person with whom the public accommodation should communicate.

(ii) The type of auxiliary aid or service necessary to ensure effective communication will vary in accordance with the method of communication used by the individual; the nature, length, and complexity of the communication involved; and the context in which the communication is taking place. A public accommodation should consult with individuals with disabilities whenever possible to determine what type of auxiliary aid is needed to ensure effective communication, but the ultimate decision as to what measures to take rests with the public accommodation, provided that the method chosen results in effective communication. In order to be effective, auxiliary aids and services must be provided in accessible formats, in a timely manner, and in such a way as to protect the privacy and independence of the individual with a disability.

(2) A public accommodation shall not require an individual with a disability to bring another individual to interpret for him or her.

(3) A public accommodation shall not rely on an adult accompanying an individual with a disability to interpret or facilitate communication, except --

(i) In an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available; or

(ii) Where the individual with a disability specifically requests that the accompanying adult interpret or facilitate communication, the accompanying adult agrees to provide such assistance, and reliance on that adult for such assistance is appropriate under the circumstances.

(4) A public accommodation shall not rely on a minor child to interpret or facilitate communication, except in an emergency involving an imminent threat to the safety or welfare of an individual or the public where there is no interpreter available.

(d) Telecommunications. (1) When a public accommodation uses an automated-attendant system, including, but not limited to, voicemail and messaging, or an interactive voice response system, for receiving and directing incoming telephone calls, that system must provide effective real-time communication with individuals using auxiliary aids and services, including text telephones (TTYs) and all forms of FCC-approved telecommunications relay systems, including Internet-based relay systems.

(2) A public accommodation that offers a customer, client, patient, or participant the opportunity to make outgoing telephone calls using the public accommodation's equipment on more than an incidental convenience basis shall make available public telephones, TTYs, or other telecommunications products and systems for use by an individual who is deaf or hard of hearing, or has a speech impairment.

(3) A public accommodation may use relay services in place of direct telephone communication for receiving or making telephone calls incident to its operations.

(4) A public accommodation shall respond to telephone calls from a telecommunications relay service established under title IV of the ADA in the same manner that it responds to other telephone calls.

(5) This part does not require a public accommodation to use a TTY for receiving or making telephone calls incident to its operations.

(e) Closed caption decoders. Places of lodging that provide televisions in five or more guest rooms and hospitals that provide televisions for patient use shall provide, upon request, a means for decoding captions for use by an individual with impaired hearing.

(f) Video remote interpreting (VRI) services. A public accommodation that chooses to provide qualified interpreters via VRI service shall ensure that it provides --

(1) Real-time, full-motion video and audio over a dedicated high-speed, wide-bandwidth video connection or wireless connection that delivers high-quality video images that do not produce lags, choppy, blurry, or grainy images, or irregular pauses in communication;

(2) A sharply delineated image that is large enough to display the interpreter's face, arms, hands, and fingers, and the participating individual's face, arms, hands, and fingers, regardless of his or her body position;

(3) A clear, audible transmission of voices; and

(4) Adequate training to users of the technology and other involved individuals so that they may quickly and efficiently set up and operate the VRI.

(g) Alternatives. If provision of a particular auxiliary aid or service by a public accommodation would result in a fundamental alteration in the nature of the goods, services, facilities, privileges, advantages, or accommodations being offered or in an undue burden, i.e., significant difficulty or expense, the public accommodation shall provide an alternative auxiliary aid or service, if one exists, that would not result in an alteration or such burden but would nevertheless ensure that, to the maximum extent possible, individuals with disabilities receive the goods, services, facilities, privileges, advantages, or accommodations offered by the public accommodation.

Related articles

• Settlement Agreement Between the United States of America and Kanawha County Public Library Board, West Virginia Under the Americans With Disabilities Act (ada.gov)
• State budget cuts may eliminate interpreters for thousands (seattletimes.nwsource.com)

Way With Words

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Category: News

Published on Friday, 21 January 2011 01:45

Written by Daryl Crouse

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Way With Words

Watch Your Language!

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Category: News

Published on Friday, 21 January 2011 01:17

Written by Daryl Crouse

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The words we use to describe one another can have an enormous impact on the perceptions we and others have, how we treat one another, mutual expectations, and how welcome we make people feel. The following are guidelines for talking with, and about, a person with a disability. While these guidelines can be helpful, keep in mind the following:

* If you're unsure of the proper term or language to use, ask!
* The best way to refer to someone with a disability is the same way we all like to be referred to: by name.

Outdated or Offensive*		Reason(s):		Currently Accepted**
"The" anything: The blind The disabled The autistic		Views people in terms of their disability; Groups people into one undifferentiated category; Condescending; Does not reflect the individuality, equality, or dignity of people with disabilities		- People with disabilities - Deaf people - People who are blind - People who are visually impaired - People with autism
Handicapped		Outdated; connotes that people with disabilities need charity Disabilities dont handicap: Attitudes and architecture handicap		People with disabilities
The disabled		An individual is a person before one is disabled. People with disabilities are individuals who share a common condition.		People with disabilities
Admits she/he has a disability		Disability is not something people admit to or needs to be admitted to		Says she/he has a disability
Normal, healthy, whole (when speaking about people without disabilities as compared to people with disabilities)		People with disabilities may also be normal, healthy, and whole Implies that the person with a disability isn't normal		Non-disabled - Person without a disability

* All currently accepted terms should be used with "people first" language - i.e., "people with..." or "person with...." The exception to this are "deaf people" and "deaf community," which are fine.

Adapted from material developed by Mid-Hudson Library System, Outreach Services Department, 103 Market Street, Poughkeepsie, NY 12601 914/471-6006.

Copyright 2004-2006, Institute for Community Inclusion.

Related articles

• National Day of Acceptance (ourordinaryday.wordpress.com)
• Disability Etiquette: Beyond Wheelchairs (1800wheelchair.com)
• People First Language: I Am Not My Wheelchair (1800wheelchair.com)
• Should Sacramento schools take advantage deaf children's super vision skills? (examiner.com)

Federal Contracting

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Category: News

Published on Monday, 15 November 2010 11:17

Written by Daryl Crouse

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Central Contractor Registration

Registration Status:     Active in CCR; Registration valid until 09/21/2011.
DUNS:    825478261
DUNS PLUS4:    
CAGE/NCAGE:    52DR3
Legal Business Name:    TERPETAL
Doing Business As (DBA):    Sign Language Interpreters.com
Division Name:    
Division Number:    
Company URL:    http://www.signlanguageinterpreters.com

Physical Street Address 1:    6048 AVENIDA DE CASTILLO
Physical Street Address 2:    
Physical City:    LONG BEACH
Physical State:    CA
Physical Foreign Province:    
Physical Zip/Postal Code:    90803-2004
Physical Country:    USA

Mailing Name:    DARYL CROUSE
Mailing Street Address 1:    4568 FALCON AVE.
Mailing Street Address 2:    
Mailing City:    LONG BEACH
Mailing State:    CA
Mailing Foreign Province:    
Mailing Zip/Postal Code:    90807-1815
Mailing Country:    USA

Business Start Date:    04/01/2008
Delinquent Federal Debt:     No

CORPORATE INFORMATION
Type of Organization
Other

Business Types/Grants
2X - For-Profit Organization
LJ - Limited Liability Company
VW - Contracts and Grants

DISASTER RESPONSE INFORMATION

Bonding Levels
Construction Bonding Level, Per Contract (dollars):     
Construction Bonding Level, Aggregate (dollars):     
Service Bonding Level, Per Contract (dollars):     
Service Bonding Level, Aggregate (dollars):     

Geographic Areas Served
No geographic areas specified
GOODS / SERVICES
North American Industry Classification System (NAICS)
541930 - Translation and Interpretation Services
611630 - Language Schools

Product Service Codes (PSC)
R608 - ADMIN SVCS/TRANSLATION-SIGN LA

Federal Supply Classification (FSC)
---

SMALL BUSINESS TYPES
SDB, 8A and HubZone certifications come from the Small Business Administration and are not editable by CCR vendors.

Business Types    Expiration Date
---    ---

North American Industry Classification System (NAICS)
The small business size status is derived from the receipts, number of employees, assets, barrels of oil, and/or megawatt hours entered by the vendor during the registration process.
NAICS Code    Description    Small Business    Emerging Small Business
541930    Translation and Interpretation Services     Yes    No
611630    Language Schools     Yes    No


CCR POINTS OF CONTACT
Government Business Primary POC     Government Business Alternate POC
Name:     DARYL CROUSE     Name:     DARYL CROUSE

Address Line 1:     6048 AVENIDA DE CASTILLO     Address Line 1:     6048 AVENIDA DE CASTILLO
Address Line 2:         Address Line 2:     
City:     LONG BEACH     City:     LONG BEACH
State:     CA     State:     CA
Foreign Province:         Foreign Province:     
Zip/Postal Code:     90803-2004     Zip/Postal Code:     90803-2004
Country:     USA     Country:     USA
U.S. Phone:     562-342-4246     U.S. Phone:     562-342-4246
Non-U.S. Phone:         Non-U.S. Phone:     
Fax:     562-342-4246     Fax:     562-342-4246

Past Performance Primary POC     Past Performance Alternate POC
Name:     DARYL CROUSE     Name:     DARYL CROUSE

Address Line 1:     6048 AVENIDA DE CASTILLO     Address Line 1:     6048 AVENIDA DE CASTILLO
Address Line 2:         Address Line 2:     
City:     LONG BEACH     City:     LONG BEACH
State:     CA     State:     CA
Foreign Province:         Foreign Province:     
Zip/Postal Code:     90803-2004     Zip/Postal Code:     90803-2004
Country:     USA     Country:     USA
U.S. Phone:     562-342-4246     U.S. Phone:     562-342-4246
Non-U.S. Phone:         Non-U.S. Phone:     
Fax:     562-342-4246     Fax:     562-342-4246

Electronic Business Primary POC     Electronic Business Alternate POC
Name:     DARYL CROUSE     Name:     DARYL CROUSE

Address Line 1:     6048 AVENIDA DE CASTILLO     Address Line 1:     6048 AVENIDA DE CASTILLO
Address Line 2:         Address Line 2:     
City:     LONG BEACH     City:     LONG BEACH
State:     CA     State:     CA
Foreign Province:         Foreign Province:     
Zip/Postal Code:     90803-2004     Zip/Postal Code:     90803-2004
Country:     USA     Country:     USA
U.S. Phone:     562-342-4246     U.S. Phone:     562-342-4246
Non-U.S. Phone:         Non-U.S. Phone:     
Fax:         Fax:     

Online Representations and Certifications Application (ORCA)

Representations and certifications provided by vendors through ORCA may be supplemented by information submitted to the Government in response to a specific solicitation.

Company Name: TERPETAL
DUNS: 825478261
Certification Validity:
From: 11/15/2010 05:24:09 AM (EST)
To: 11/15/2011 05:24:09 AM (EST)     

By submitting this certification, I, Daryl Crouse, am attesting to the accuracy of the representations and certifications contained herein. I understand that I may be subject to penalties if I misrepresent TERPETAL in any of the above representations or certifications to the Government.

Provision     
52.203-2     Certificate of Independent Price Determination
52.203-11     Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
52.204-3     Taxpayer Identification
52.204-5     Women-Owned Business (Other Than Small Business)
52.209-5     Certification Regarding Responsibility Matters
52.212-3     Offeror Representations and Certifications - Commercial Items (Alternate 1 & 2)
52.214-14     Place of Performance - Sealed Bidding
52.215-6     Place of Performance
52.219-1     Small Business Program Representations (Alternate 1)
52.219-2     Equal Low Bids
52.219-19     Small Business Concern Representation for the Small Business Competitiveness Demonstration Program
52.219-21     Small Business Size Representation for Targeted Industry Categories Under the Small Business Competitiveness Demonstration Program
52.219-22     Small Disadvantaged Business Status (Alternate 1)
52.222-18     Certification Regarding Knowledge of Child Labor for Listed End Products
52.222-22     Previous Contracts and Compliance Reports
52.222-25     Affirmative Action Compliance
52.222-38     Compliance with Veterans' Employment Reporting Requirements
52.222-48     Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification
52.222-52     Exemption from Application of the Service Contract Act to Contracts for Certain Services— Certification
52.223-1     Biobased Product Certification
52.223-4     Recovered Material Certification
52.223-9     Estimate of Percentage of Recovered Material Content for EPA-Designated Items (Alternate 1 only)
52.223-13     Certification of Toxic Chemical Release Reporting
52.225-2     Buy American Act Certificate
52.225-4     Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate
52.225-6     Trade Agreements Certificate
52.225-18     Place of Manufacture
52.225-20     Prohibition on Conducting Restricted Business Operations in Sudan—Certification
52.225-25     Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification
52.226-2     Historically Black College or University and Minority Institution Representation
52.227-6     Royalty Information (Alternate 1)
52.227-15     Representation of Limited Rights Data and Restricted Computer Software
DFARS     
252.209-7001     Disclosure of Ownership or Control by the Government of a Terrorist Country
252.209-7002     Disclosure of Ownership or Control by a Foreign Government
252.209-7005     Reserve Officer Training Corps and Military Recruiting on Campus
252.212-7000     Offeror Representations and Certifications--Commercial Items
252.216-7003     Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government
252.225-7000     Buy American Act--Balance of Payments Program Certificate
252.225-7003     Report of Intended Performance Outside the United States and Canada—Submission with Offer
252.225-7020     Trade Agreements Certificate
252.225-7031     Secondary Arab Boycott of Israel
252.225-7035     Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate
252.225-7042     Authorization to Perform
252.229-7003     Tax Exemptions (Italy)
252.229-7005     Tax Exemptions (Spain)
252.239-7011     Special Construction and Equipment Charges
252.247-7022     Representation of Extent of Transportation by Sea
252.247-7023     Transportation of Supplies by Sea


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checked I certify that I have read and understand the provision.

52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sept 2007)

(a)     Definitions. As used in this provision—“Lobbying contact” has the meaning provided at 2 U.S.C. 1602(8). The terms “agency,” “influencing or attempting to influence,” “officer or employee of an agency,” “person,” “reasonable compensation,” and “regularly employed” are defined in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions”(52.203-12).
(b)     Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled “Limitation on Payments to Influence Certain Federal Transactions” (52.203-12) are hereby incorporated by reference in this provision.
(c)     Certification. The offeror, by signing its offer, hereby 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 its behalf in connection with the awarding of this contract.
(d)     Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(e)     Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by 31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required 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.

(End of Provision)   


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52.222-38 Compliance with Veterans' Employment Reporting Requirements (Sep 2010)

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 52.222-37, Employment Reports on Veterans), it has submitted the most recent VETS-100A Report required by that clause.

(End of Provision)   


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52.223-1 Biobased Product Certification (Dec 2007)

(a)     As required by the Farm Security and Rural Investment Act of 2002 and the Energy Policy Act of 2005 (7 U.S.C. 8102(c)(3)), the offeror certifies, by signing this offer, that biobased products (within categories of products listed by the United States Department of Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in the performance of the contract, other than biobased products that are not purchased by the offeror as a direct result of this contract, will comply with the applicable specifications or other contractual requirements.

(End of Provision)   


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52.225-20 Prohibition on Conducting Restricted Business Operations in Sudan—Certification (Aug 2009)

(a)     

Definitions. As used in this provision—
“Business operations” means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.
“Marginalized populations of Sudan” means—
(1)     Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and
(2)     Marginalized areas in Northern Sudan described in section 4(9) of such Act.


“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007(Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1)     Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2)     Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3)     Consist of providing goods or services to marginalized populations of Sudan;
(4)     Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5)     Consist of providing goods or services that are used only to promote health or education; or
(6)     Have been voluntarily suspended
(b)     Certification. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.

(End of Provision)   


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52.225-25 Prohibition on Engaging in Sanctioned Activities Relating to Iran-Certification. (Sep 2010)

(a)     Definition.
"Person"—
(1)     Means-
(i)     A natural person;
(ii)     A corporation, business association, partnership, society, trust, financial institution, insurer, underwriter, guarantor, and any other business organization, any other nongovernmental entity, organization, or group, and any governmental entity operating as a business enterprise; and
(iii)     Any successor to any entity described in paragraph (1)(ii) of this definiation; and
(2)     Does not include a government or governmental entity that is not operating as a business enterprise.
(b)     Certification. Except as provided in paragraph (c) of this provision or if a waiver has been granted in accordance with FAR 25.703-2(d), by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons.
(c)     Exception for trade agreements. The certification requirement of paragraph (b) of this provision does not apply if—
(1)     This solicitation includes a trade agreements certification (e.g.,52.225-4, 52.225-11 or comparable agency provision); and
(2)     The offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(End of Provision)   


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52.227-6 Royalty Information (Apr 1984)

(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:



52.203-2 Certificate of Independent Price Determination (Apr 1985)
(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 Daryl Crouse, Managing Partner
(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)   

52.204-3 Taxpayer Identification (Oct 1998)
(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).


* checkedTIN on file with CCR.
* uncheckedTIN has been applied for.
* TIN is not required because:
* uncheckedOfferor 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; ,
* uncheckedOfferor is an agency or instrumentality of a foreign government; ,
* uncheckedOfferor is an agency or instrumentality of the Federal Government.

(e)     Type of organization.


* uncheckedsole proprietorship;
* uncheckedPartnership;
* uncheckedCorporate entity (not tax-exempt);
* uncheckedCorporate entity (tax-exempt);
* uncheckedGovernment entity (Federal, State, or local);
* uncheckedForeign government;
* uncheckedInternational organization per 26 CFR 1.6049-4;
* checkedLimited Liability Corporation

(f)     Common parent.


* checkedOfferor is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
* uncheckedName: N/A
TIN: TIN not on File with ORCA

(End of Provision)   

52.204-5 Women-Owned Business (Other Than Small Business) (May 1999)
(a)     Definition. "Women-owned 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 women-owned business concern and has not represented itself as a small business concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program Representations, of this solicitation.] The offeror represents that it uncheckedis a women-owned business concern.

(End of Provision)   

52.209-5 Certification Regarding Responsibility Matters (Apr 2010)
(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 uncheckedAre not checkedpresently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;
(B)     Have uncheckedHave not checked, 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 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, violating Federal criminal tax laws, or receiving stolen property(if offeror checks “have”, the offeror shall also see 52.209-7, if included in this solicitation);
(C)     Are uncheckedAre not checkedpresently 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.
(D)     Have unchecked, Have not checked, within a three-year period preceding this offer, been notified of any delinquent Federal Taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(1)     Federal taxes are considered delinquent if both of the following criteria apply:
(i)     The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(ii)     The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(2)     Examples:
(i)     The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(ii)     The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability because the taxpayer has had no prior opportunity to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
(iii)     The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(iv)     The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C 362 (the Bankruptcy Code).
(ii)     The Offeror has uncheckedhas not checked, within a three-year 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 an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a 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.

(End of Provision)   

52.212-3 Offeror Representations and Certifications –Commercial Items (Alternate 1 & 2) (Oct 2010)
An offeror shall complete only paragraph (b) of this provision if the offeror has completed the annual representations and certifications electronically at http://orca.bpn.gov. If an offeror has not completed the annual representations and certifications electronically at the ORCA website, the offeror shall complete only paragraphs (c) through (o) of this provision.
(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.
“Inverted domestic corporation” means a foreign incorporated entity which is treated as an inverted domestic corporation under 6 U.S.C. 395(b), i.e., a corporation that used to be incorporated in the United States, or used to be a partnership in the United States, but now is incorporated in a foreign country, or is a subsidiary whose parent corporation is incorporated in a foreign country, that meets the criteria specified in 6 U.S.C. 395(b), applied in accordance with the rules and definitions of 6 U.S.C. 395(c).
“Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1)     FSC 5510, Lumber and Related Basic Wood Materials;
(2)     Federal Supply Group (FSG) 87, Agricultural Supplies;
(3)     FSG 88, Live Animals;
(4)     FSG 89, Food and Related Consumables;
(5)     FSC 9410, Crude Grades of Plant Materials;
(6)     FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7)     FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8)     FSC 9610, Ores;
(9)     FSC 9620, Minerals, Natural and Synthetic; and
(10)     FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
“Restricted business operations” means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate—
(1)     Are conducted under contract directly and exclusively with the regional government of southern Sudan;
(2)     Are conducted pursuant to specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;
(3)     Consist of providing goods or services to marginalized populations of Sudan;
(4)     Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;
(5)     Consist of providing goods or services that are used only to promote health or education; or
(6)     Have been voluntarily suspended.
"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 service-disabled 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)         
(1)     Annual Representations and Certifications. Any changes provided by the offeror in paragraph (b)(2) of this provision do not automatically change the representations and certifications posted on the Online Representations and Certifications Application (ORCA) website.
(2)     The offeror has completed the annual representations and certifications electronically via the ORCA website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of this offer that the representations and certifications currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Commercial Items, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs ______________.
[Offeror to identify the applicable paragraphs at (c) through (o) of this provision that the offeror has completed for the purposes of this solicitation only, if any.
These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on 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 uncheckedis, uncheckedis not a small business concern. (See below)
NAICS:     Description:    Small Business Concern (Yes/No):
541930    TRANSLATION AND INTERPRETATION SERVICES    Yes
611630    LANGUAGE SCHOOLS    Yes
(2)*     Veteran-owned small business concern. The offeror represents as part of its offer that it uncheckedis, uncheckedis not a veteran-owned small business concern. (See Below)
NAICS:     Description:    Veteran-Owned Small Business Concern (Yes/No):
541930    TRANSLATION AND INTERPRETATION SERVICES    No
611630    LANGUAGE SCHOOLS    No
(3)*     Service-disabled veteran-owned small business concern.The offeror represents as part of its offer that it uncheckedis, uncheckedis not a service-disabled veteran-owned small business concern.
(See Below)
NAICS:     Description:    Service-Disabled Veteran-Owned Small Business Concern (Yes/No):
541930    TRANSLATION AND INTERPRETATION SERVICES    No
611630    LANGUAGE SCHOOLS    No
(4)     Small disadvantaged business concern. The offeror represents, for general statistical purposes, that it uncheckedis, checkedis not a small disadvantaged business concern as defined in 13 CFR 124.1002.
(5)*     Women-owned small business concern. The offeror represents that it uncheckedis, uncheckedis not a women-owned small business concern.
(See Below)
NAICS:     Description:    Women-Owned Small Business Concern (Yes/No):
541930    TRANSLATION AND INTERPRETATION SERVICES    No
611630    LANGUAGE SCHOOLS    No
*Small business concern, Veteran-owned small business concern, Service-disabled veteran-owned small business concern, and Women-owned 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)     Women-owned business concern (other than small business concern). [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 uncheckedis a women-owned 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 first-tier 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 uncheckedis uncheckedis not an emerging small business. (See below)
NAICS:     Description:    Emerging Small Business Concern (Yes/No):
541930    TRANSLATION AND INTERPRETATION SERVICES    No
611630    LANGUAGE SCHOOLS    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
checked__ 50 or fewer     checked__ $1 million or less
unchecked__ 51-100     unchecked__ $1,000,001-$2 million
unchecked__ 101-250     unchecked__ $2,000,001-$3.5 million
unchecked__ 251-500     unchecked__ $3,500,001-$5 million
unchecked__ 501-750     unchecked__ $5,000,001-$10 million
unchecked__ 751-1,000     unchecked__ $10,000,001-$17 million
unchecked__ Over 1,000     unchecked__ Over $17 million
(9)     (i)     General. The offeror represents that either-
(A)     uncheckedis checked 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 uncheckedhas checkedhas 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)     uncheckedJoint 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 uncheckedis It checkedis 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 uncheckedis It checkedis 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 uncheckedhas It checkedhas not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and
(ii)     It checkedhas It uncheckedhas not filed all required compliance reports.
(2)     Affirmative Action Compliance. The offeror represents that-
(i)     It uncheckedhas developed and has on file, It checkedhas 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 checkedhas 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 $150,000.) 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. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(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 and that for other than COTS items, 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item” “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:
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 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 (g)(1)(ii) or (g)(1)(iii) of this provision, is a domestic end product and that for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli 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 Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act— Free Trade Agreements—Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) 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 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
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 Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate I. 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- Free Trade Agreements-Israeli Trade Act": Canadian End Products:
Description:     Country of Origin:
(3)     

Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate, Alternate II. 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-Free Trade Agreements-Israeli Trade Act": Canadian or Israeli End Products:
Description:     Country of Origin:
(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, 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 Responsibility Matters (Executive Order 12689).(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)     uncheckedAre, checkedAre not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and
(2)     uncheckedHave, checkedHave 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 offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, violating Federal criminal tax laws,or receiving stolen property; and
(3)     uncheckedAre, checkedAre not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses (h)(2) of this clause.
(4)     uncheckedHave, checkedHave not within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied.
(i)     Taxes are considered delinquent if both of the following criteria apply:
(A)     The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
(B)     The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
(ii)     Examples:
(A)     The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court Review, this will not be a final tax liability under the taxpayer has exercised all judicial appeal rights.
(B)     The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the tax payer has exercised all judicial appeal rights.
(C)     The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
(D)     The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under II U. S. C 362 (the Bankruptcy Code).
(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 Products     Listed Country of Origin
Bamboo     Burma
Beans (including yellow, soya, and green beans)     Burma
Bricks (hand-made)     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.]
checked     (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.
unchecked     (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.
(j)     Place of Manufacture(Does not apply unless the solicitation is predominantly for the acquisition of manufactured end products.) For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1)     unchecked     In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2)     unchecked     Outside the United States.


FSC Code:     Place of Manufacture:
(k)     Certificates regarding exemptions from the application of the Service Contract Act.(Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services.)[The contracting officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.]
(1)     unchecked     Maintenance, calibration, or repair of certain equipment as described in FAR 22.1003-4(c)(1). The offeror uncheckeddoes, checkeddoes not certify that __
(i)     The items of equipment to be serviced under this contract are used regularly for other than Governmental purposes and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontract) in substantial quantities to the general public in the course of normal business operations;
(ii)     The services will be furnished at prices which are, or are based on, established catalog or market prices (see FAR 22.1003-4(c)(2)(ii)) for the maintenance, calibration, or repair of such equipment; and
(iii)     The compensation (wage and fringe benefits) plan for all service employees performing work under the contract will be the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(2)     unchecked     Certain services as described in FAR 22.1003-4(d)(1). The offeror uncheckeddoes, checkeddoes not certify that __
(i)     The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(ii)     The contract services will be furnished at prices that are, or are based on, established catalog or market prices (see FAR 22.1003-4(d)(2)(iii));
(iii)     Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(iv)     The compensation (wage and fringe benefits) plan for all service employees performing work under the contract is the same as that used for these employees and equivalent employees servicing commercial customers.
(3)     If paragraph (k)(1) or (k)(2) of this clause applies ___
(i)     If the offeror does not certify to the conditions in paragraph (k)(1) or (k)(2) and the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation, the offeror shall notify the Contracting Officer as soon as possible; and
(ii)     The Contracting Officer may not make an award to the offeror if the offeror fails to execute the certification in paragraph (k)(1) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(l)     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 (l)(3) through (l)(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).


* checkedTIN on file with CCR.
* uncheckedTIN has been applied for.
* TIN is not required because:
* uncheckedOfferor 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; ,
* uncheckedOfferor is an agency or instrumentality of a foreign government; ,
* uncheckedOfferor is an agency or instrumentality of the Federal Government.

(4)     Type of organization.


* uncheckedsole proprietorship;
* uncheckedPartnership;
* uncheckedCorporate entity (not tax-exempt);
* uncheckedCorporate entity (tax-exempt);
* uncheckedGovernment entity (Federal, State, or local);
* uncheckedForeign government;
* uncheckedInternational organization per 26 CFR 1.6049-4;
* checked Limited Liability Corporation

(5)     Common parent.


* checkedOfferor is not owned or controlled by a common parent as defined in paragraph (a) of this provision.
* uncheckedName: N/A
TIN: TIN not on File with ORCA

(m)     Restricted business operations in Sudan. By submission of its offer, the offeror certifies that the offeror does not conduct any restricted business operations in Sudan.
(n)     Prohibition on Contracting with Inverted Domestic Corporations.
(1)     Relation to Internal Revenue Code. A foreign entity that is treated as an inverted domestic corporation for purposes of the Internal Revenue Code at 26 U.S.C. 7874 (or would be except that the inversion transactions were completed on or before March 4, 2003), is also an inverted domestic corporation for purposes of 6 U.S.C. 395 and for this solicitation provision (see FAR 9.108).
(2)     Representation. By submission of its offer, the offeror represents that it is not an inverted domestic corporation and is not a subsidiary of one.
(o)     Sanctioned activities relating to Iran.
(1)     Unless a waiver is granted or an exception applies as provided in paragraph (o)(2) of this provision, by submission of its offer, the offeror certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act of 1996.
(2)     The certification requirement of paragraph (o)(1) of this provision does not apply if—
(i)     This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and
(ii)     The offeror has certified that all the offered products to be supplied are designated country end products.

(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]:

uncheckedBlack American.

uncheckedHispanic American.

uncheckedNative American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

uncheckedAsian-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).

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

uncheckedIndividual/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 uncheckedis, checkedis 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.



52.214-14 Place of Performance-Sealed Bidding (Apr 1985)

(a)     The bidder, in the performance of any contract resulting from this solicitation, uncheckedintends, checkeddoes 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):

(End of Provision)   

52.215-6 Place of Performance (Oct 1997)

(a)     The offeror or respondent, in the performance of any contract resulting from this solicitation, uncheckedintends checkeddoes 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):

(End of Provision)   

52.219-1 Small Business Program Representations (May 2004)

(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 uncheckedis, uncheckedis not a small business concern (see below).
NAICS:     Description:    Small Business Concern (Yes/No):
541930    TRANSLATION AND INTERPRETATION SERVICES    Yes
611630    LANGUAGE SCHOOLS    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 uncheckedis, checkedis 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 uncheckedis, uncheckedis not a women-owned small business concern.
(See Below)
NAICS:     Description:    Women-Owned Small Business Concern (Yes/No):
541930    TRANSLATION AND INTERPRETATION SERVICES    No
611630    LANGUAGE SCHOOLS    No
(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 uncheckedis, uncheckedis not a veteran-owned small business concern.
NAICS:     Description:    Veteran-Owned Small Business Concern (Yes/No):
541930    TRANSLATION AND INTERPRETATION SERVICES    No
611630    LANGUAGE SCHOOLS    No
(5)**     [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (b)(4) of this provision.] The offeror represents as part of its offer that it uncheckedis, uncheckedis not a service-disabled veteran-owned small business concern.
(See Below)
NAICS:     Description:    Service-Disabled Veteran-Owned Small Business Concern (Yes/No):
541930    TRANSLATION AND INTERPRETATION SERVICES    No
611630    LANGUAGE SCHOOLS    No
*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, Veteran-owned small business concern, Service-disabled veteran-owned small business concern, and Women-owned 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 uncheckedis, checkedis 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 uncheckedis, checkedis 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-
"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 the size standard in paragraph (a) of this provision.
"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.
(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 set-aside 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 women-owned 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.

(End of provision)

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:

uncheckedBlack American.

uncheckedHispanic American.

uncheckedNative American (American Indians, Eskimos, Aleuts, or Native Hawaiians).

uncheckedAsian-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).

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

uncheckedIndividual/concern, other than one of the preceding.



52.219-2 Equal Low Bids (Oct 1995)

(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 first-tier 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.

(End of Provision)   

52.219-19 Small Business Concern Representation for the Small Business Competitiveness Demonstration Program (Oct 2000)

(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 52.219-1 as a small business concern under the size standards of this solicitation.] The Offeror uncheckedis uncheckedis not an emerging small business. (See below)
NAICS:     Description:    Emerging Small Business Concern (Yes/No):
541930    TRANSLATION AND INTERPRETATION SERVICES    No
611630    LANGUAGE SCHOOLS    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
checked__ 50 or fewer     checked__ $1 million or less
unchecked__ 51-100     unchecked__ $1,000,001-$2 million
unchecked__ 101-250     unchecked__ $2,000,001-$3.5 million
unchecked__ 251-500     unchecked__ $3,500,001-$5 million
unchecked__ 501-750     unchecked__ $5,000,001-$10 million
unchecked__ 751-1,000     unchecked__ $10,000,001-$17 million
unchecked__ Over 1,000     unchecked__ Over $17 million

(End of Provision)   

52.219-21 Small Business Size Representation for Targeted Industry Categories under the Small Business Competitiveness Demonstration Program (May 1999)

[Complete only if the Offeror has represented itself under the provision at 52.219-1 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
checked__ 50 or fewer     checked__ $1 million or less
unchecked__ 51-100     unchecked__ $1,000,001-$2 million
unchecked__ 101-250     unchecked__ $2,000,001-$3.5 million
unchecked__ 251-500     unchecked__ $3,500,001-$5 million
unchecked__ 501-750     unchecked__ $5,000,001-$10 million
unchecked__ 751-1,000     unchecked__ $10,000,001-$17 million
unchecked__ Over 1,000     unchecked__ Over $17 million

(End of Provision)   
52.219-22 Small Disadvantaged Business Status (Oct 1999)

(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 52.219-1, 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-
unchecked     (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 (PRO-Net); or
unchecked     (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)     uncheckedFor 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)
As prescribed in 19.307(b) 19.308(b), add the following paragraph (b)(3) to the basic provision:
(3)     Address. The offeror represents that its address uncheckedis checkedis 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.



52.222-18 Certification Regarding Knowledge of Child Labor for Listed End Products (Feb 2001)

(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 (hand-made)           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
checked     (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.
unchecked     (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.

(End of Provision)   

52.222-22 Previous Contracts and Compliance Reports (Feb 1999)

The offeror represents that-
(a)     It uncheckedhas It checkedhas not participated in a previous contract or subcontract subject the Equal Opportunity clause of this solicitation;
(b)     It checkedhas It uncheckedhas 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)   

52.222-25 Affirmative Action Compliance (Apr 1984)

The offeror represents that-
(a)     It uncheckedhas developed and has on file, checkedhas 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 checked has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.

(End of Provision)   

52.222-48 Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment Certification (Feb 2009)
(a)     The offeror shall check the following certification:
Certification
The offeror uncheckeddoes checkeddoes not certify that -
(1)     The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold or traded by the offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;
(2)     The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.
(i)     An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.
(ii)     An “established market price” is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror; and
(3)     The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.
(b)     Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Act—
(1)     Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or
(2)     Will apply to this offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this offeror, and the offeror may be provided an opportunity to submit a new offer on that basis.
(c)     If the offeror does not certify to the conditions in paragraph (a) of this provision—
(1)     The clause in this solicitation at 52.222-51, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration, or Repair of Certain Equipment— Requirements, will not be included in any resultant contract awarded to this offeror; and
(2)     The offeror shall notify the Contracting Officer as soon as possible, if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation.
(d)     The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of Provision)   

52.222-52 Exemption from Application of the Service Contract Act to Contracts for Certain Services— Certification. (Nov 2007)
(a)     The offeror shall check the following certification:
Certification
The offeror uncheckeddoes checkeddoes not certify that -
(1)     The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;
(2)     The contract services are furnished at prices that are, or are based on, established catalog or market prices. An “established catalog price” is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An “established market price” is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or offeror;
(3)     Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing the Government contract; and
(4)     The offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the offeror uses for these employees and for equivalent employees servicing commercial customers.
(b)     Certification by the offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the offeror certifies to the conditions in paragraph (a) of this provision, and the Contracting Officer determines in accordance with FAR 22.1003-4(d)(3) that the Service Contract Act—
(1)     Will not apply to this offeror, then the Service Contract Act of 1965 clause in this solicitation will not be included in any resultant contract to this offeror; or
(2)     Will apply to this offeror, then the clause at FAR 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements, in this solicitation will not be included in any resultant contract awarded to this offer, and the offeror may be provided an opportunity to submit a new offer on that basis.
(c)     If the offeror does not certify to the conditions in paragraph (a) of this provision—
(1)     The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract Act to Contracts for Certain Services—Requirements, will not be included in any resultant contract to this offeror; and
(2)     The offeror shall notify the Contracting Officer as soon as possible if the Contracting Officer did not attach a Service Contract Act wage determination to the solicitation.
(d)     The Contracting Officer may not make an award to the offeror, if the offeror fails to execute the certification in paragraph (a) of this provision or to contact the Contracting Officer as required in paragraph (c) of this provision.

(End of Provision)   

52.223-4 Recovered Material Certification (May 2008)
As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this offer, that the percentage of recovered materials content for EPA-designated items to be delivered or used in the performance of the contract will be at least the amount required by the applicable contract specifications or other contractual requirements.
checked TERPETALcertifies compliance with 52.223-4

(End of Provision)   

52.223-9 Estimate of Percentage of Recovered Material Content for EPA-Designated Items
Alternate I (May 2008)
As prescribed in 23.406(d), redesignate paragraph (b) of the basic clause as paragraph (c) and add the following paragraph (b) to the basic clause:
(b)     The Contractor shall execute the following certification required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(i)(2)(C)):

Certification


checkedI, Daryl Crouse, Managing Partner(name of certifier), am an officer or employee responsible for the performance of this contract and hereby certify that the percentage of recovered material content for EPA-designated items met the applicable contract specifications or other contractual requirements.

Submission of this ORCA record serves as the signature for this Certification
[Signature of the Officer or Employee]
Daryl Crouse
[Typed Name of the Officer or Employee]
Managing Partner
[Title]
TERPETAL
[Name of Company, Firm, or Organization]
11/15/2010 05:24:09 AM
[Date]

(End of Provision)   

52.223-13 Certification of Toxic Chemical Release Reporting (Aug 2003)
(a)     Executive Order 13148, of April 21, 2000, Greening the Government through Leadership in Environmental Management, requires submission of this certification as a prerequisite for contract award.
(b)     By signing this offer, the offeror certifies that-
(1)     As the owner or operator of facilities that will be used in the performance of this contract that are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical Release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; or
(2)     None of its owned or operated facilities to be used in the performance of this contract is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: [Check each block that is applicable.]
checked     (i)     The facility does not manufacture, process, or otherwise use any toxic chemicals listed in 40 CFR 372.65;
unchecked     (ii)     The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);  
unchecked     (iii)     The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA);
unchecked     (iv)     The facility does not fall within the following Standard Industrial Classification (SIC) codes or their corresponding North American Industry Classification System sectors:
(A) Major group code 10 (except 1011, 1081, and 1094.
(B) Major group code 12 (except 1241).
(C) Major group codes 20 through 39.
(D) Industry code 4911, 4931, or 4939 (limited to facilities that combust coal and/or oil for the purpose of generating power for distribution in commerce).
(E) Industry code 4953 (limited to facilities regulated under the Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et seq.), or 5169, or 5171, or 7389 (limited to facilities primarily engaged in solvent recovery services on a contract or fee basis); or  
unchecked     (v)     The facility is not located in the United States or its outlying areas.

(End of Provision)   

52.225-2 Buy American Act Certificate (Feb 2009)
(a)     The offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.” The terms “commercially available off-the-shelf (COTS) item,” “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.”
(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.

(End of Provision)   

52.225-4 Buy American Act-Free Trade Agreements-Israeli Trade Act Certificate (Jun 2009)
(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 for other than COTS items, the offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The terms “Bahrainian, Moroccan, Omani, or Peruvian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Israeli end product,” and” “United States” are defined in the clause of this solicitation entitled “Buy American Act–Free Trade Agreements–Israeli Trade Act.”
(b)     The offeror certifies that the following supplies are Free Trade Agreement country end products (other than Bahrainian, Moroccan, Omani, or Peruvian end products) or Israeli end products as defined in the clause of this solicitation entitled “Buy American Act-Free Trade Agreements-Israeli Trade Act”: Free Trade Agreement Country End Products (Other than Bahrainian, Moroccan, Omani, or Peruvian End Products) 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 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, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (2) of the definition of “domestic end product.”
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.

(End of provision)
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 Act-Free Trade Agreements-Israeli 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)     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:
Description:     Country of Origin:



52.225-6 Trade Agreements Certificate (Jan 2005)
(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:
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.

(End of Provision)   

52.225-18 Place of Manufacture. (Sept 2006)
(a)     Definitions.As used in this clause-
“ Manufactured end product” means any end product in Federal Supply Classes (FSC) 1000-9999, except—
(1)     FSC 5510, Lumber and Related Basic Wood Materials;
(2)     Federal Supply Group (FSG) 87, Agricultural Supplies;
(3)     FSG 88, Live Animals;
(4)     FSG 89, Food and Related Consumables;
(5)     FSC 9410, Crude Grades of Plant Materials;
(6)     FSC 9430, Miscellaneous Crude Animal Products, Inedible;
(7)     FSC 9440, Miscellaneous Crude Agricultural and Forestry Products;
(8)     FSC 9610, Ores;
(9)     FSC 9620, Minerals, Natural and Synthetic; and
(10)     FSC 9630, Additive Metal Materials.
“Place of manufacture” means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.
(b)     For statistical purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitation is predominantly—
(1)     unchecked     In the United States (Check this box if the total anticipated price of offered end products manufactured in the United States exceeds the total anticipated price of offered end products manufactured outside the United States); or
(2)     unchecked     Outside the United States.

FSC Code:     Place of Manufacture:

(End of Clause)   

52.226-2 Historically Black College or University and Minority Institution Representation (Oct 2008)
(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 365(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 502(a) of the Act (20 U.S.C. 1101a).
(b)     Representation. The offeror represents that it-
uncheckedis checkedis not a historically black college or university;
uncheckedis checkedis not a minority institution.

(End of Provision)   

52.227-15 Representation of Limited Rights Data and Restricted Computer Software (Dec 2007)
(a)     This solicitation sets forth the Government’s known delivery requirements for data (as defined in the clause at 52.227-14, Rights in Data—General). Any resulting contract may also provide the Government the option to order additional data under the Additional Data Requirements clause at 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 52.227-14 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 instead. 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)     By completing the remainder of this paragraph, the offeror represents that it has reviewed the requirements for the delivery of technical data or computer software and states [offeror check appropriate block]—
(1)     checkedNone of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer software; or
(2)     uncheckedData proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are identified as follows:
(c)     Any identification of limited rights data or restricted computer software in the offeror’s response is not determinative of the status of the data should a contract be awarded to the offeror.

(End of Provision)   


Defense Federal Acquisition Regulations Supplement (DFARS)


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252.209-7001 Disclosure of Ownership or Control by the Government of a Terrorist Country.

As prescribed in 209.104-70(a), use the following provision:
DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERRORIST COUNTRY
(JAN 2009)
(a)     Definitions. As used in this provision—
(1)     “Government of a terrorist country” includes the state and the government of a terrorist country, as well as any political subdivision, agency, or instrumentality thereof.
(2)     “Terrorist country” means a country determined by the Secretary of State, under section 6(j)(1)(A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j)(i)(A)), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries subject to this provision include: Cuba, Iran, Sudan, and Syria.
(3)     “Significant interest” means—
(i)     Ownership of or beneficial interest in 5 percent or more of the firm’s or subsidiary’s securities. Beneficial interest includes holding 5 percent or more of any class of the firm’s securities in “nominee shares,” “street names,” or some other method of holding securities that does not disclose the beneficial owner;
(ii)     Holding a management position in the firm, such as a director or officer;
(iii)     Ability to control or influence the election, appointment, or tenure of directors or officers in the firm;
(iv)     Ownership of 10 percent or more of the assets of a firm such as equipment, buildings, real estate, or other tangible assets of the firm; or
(v)     Holding 50 percent or more of the indebtedness of a firm.
(b)     Prohibition on award. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of Defense.
(c)     Disclosure. If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include—
(1)     Identification of each government holding a significant interest; and
(2)     A description of the significant interest held by each government.

(End of Provision)   


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252.209-7005 Reserve Officer Training Corps and Military Recruiting on Campus.
As prescribed in 209.470-4, use the following clause:

RESERVE OFFICER TRAINING CORPS AND MILITARY RECRUITING ON CAMPUS (JAN 2000)
(a)     Definitions. "Institution of higher education," as used in this clause, means an institution that meets the requirements of 20 U.S.C. 1001 and includes all subelements of such an institution.
(b)     Limitation on contract award. Except as provided in paragraph (c) of this clause, an institution of higher education is ineligible for contract award if the Secretary of Defense determines that the institution has a policy or practice (regardless of when implemented) that prohibits or in effect prevents—
(1)     The Secretary of a military department from maintaining, establishing, or operating a unit of the Senior Reserve Officer Training Corps (ROTC) (in accordance with 10 U.S.C. 654 and other applicable Federal laws) at that institution;
(2)     A student at that institution from enrolling in a unit of the Senior ROTC at another institution of higher education;
(3)     The Secretary of a military department or the Secretary of Transportation from gaining entry to campuses, or access to students (who are 17 years of age or older) on campuses, for purposes of military recruiting; or
(4)     Military recruiters from accessing, for purposes of military recruiting, the following information pertaining to students (who are 17 years of age or older) enrolled at that institution:
(i)     Name.
(ii)     Address.
(iii)     Telephone number.
(iv)     Date and place of birth.
(v)     Educational level.
(vi)     Academic major.
(vii)     Degrees received.
(viii)     Most recent educational institution enrollment.
(c)     Exception. The limitation in paragraph (b) of this clause does not apply to an institution of higher education if the Secretary of Defense determines that—
(1)     The institution has ceased the policy or practice described in paragraph (b) of this clause; or
(2)     The institution has a long-standing policy of pacifism based on historical religious affiliation.
(d)     Agreement. The Contractor represents that it does not now have, and agrees that during performance of this contract it will not adopt, any policy or practice described in paragraph (b) of this clause, unless the Secretary of Defense has granted an exception in accordance with paragraph (c)(2) of this clause.
(e)     Notwithstanding any other clause of this contract, if the Secretary of Defense determines that the Contractor misrepresented its policies and practices at the time of contract award or has violated the agreement in paragraph (d) of this clause—
(1)     The Contractor will be ineligible for further payments under this and any other contracts with the Department of Defense; and
(2)     The Government will terminate this contract for default for the Contractor's material failure to comply with the terms and conditions of award.

(End of Clause)   


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252.225-7003 Report of Intended Performance Outside the United States and Canada—Submission with Offer.

As prescribed in 225.7204(a), use the following provision:
REPORT OF INTENDED PERFORMANCE OUTSIDE THE UNITED STATES AND CANADA—SUBMISSION WITH OFFER (DEC 2006)
(a)     Definitions. “United States,” as used in this provision, means the 50 States, the District of Columbia, and outlying areas.
(b)     The offeror shall submit, with its offer, a report of intended performance outside the United States and Canada if—
(1)     The offer exceeds $11.5 million in value; and
(2)     The offeror is aware that the offeror or a first-tier subcontractor intends to perform any part of the contract outside the United States and Canada that—
(i)     Exceeds $550,000 in value; and
(ii)     Could be performed inside the United States or Canada.
(c)     Information to be reported includes that for—
(1)     Subcontracts;
(2)     Purchases; and
(3)     Intracompany transfers when transfers originate in a foreign location.
(d)     The offeror shall submit the report using—
(1)     DD Form 2139, Report of Contract Performance Outside the United States; or
(2)     A computer-generated report that contains all information required by DD Form 2139.
(e)     The offeror may obtain a copy of DD Form 2139 from the Contracting Officer or via the Internet at http://www.dtic.mil/whs/directives/infomgt/forms/formsprogram.htm.

(End of Provision)   


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252.225-7031 Secondary Arab Boycott of Israel.

As prescribed in 225.7605, use the following provision:
SECONDARY ARAB BOYCOTT OF ISRAEL (JUN 2005)
(a)     Definitions. As used in this provision—
(1)     “Foreign person” means any person (including any individual, partnership, corporation, or other form of association) other than a United States person.
(2)     “United States” means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.
(3)     “United States person” is defined in 50 U.S.C. App. 2415(2) and means—
(i)     Any United States resident or national (other than an individual resident outside the United States who is employed by other than a United States person);
(ii)     Any domestic concern (including any permanent domestic establishment of any foreign concern); and
(iii)     Any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern that is controlled in fact by such domestic concern.
(b)     Certification. If the offeror is a foreign person, the offeror certifies, by submission of an offer, that it—
(1)     Does not comply with the Secondary Arab Boycott of Israel; and
(2)     Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. 2407(a) prohibits a United States person from taking.

(End of Provision)   


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252.225-7042 Authorization to Perform.

As prescribed in 225.1103(3), use the following provision:
AUTHORIZATION TO PERFORM (APR 2003)
The offeror represents that it has been duly authorized to operate and to do business in the country or countries in which the contract is to be performed.

(End of Provision)   


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252.229-7003 Tax Exemptions (Italy).
As prescribed in 229.402-70(c), use the following clause:

TAX EXEMPTIONS (ITALY) (JAN 2002)
(a)     The Contractor represents that the contract price, including the prices in subcontracts awarded under this contract, does not include taxes from which the United States Government is exempt.
(b)     The United States Government is exempt from payment of Imposta Valore Aggiunto (IVA) tax in accordance with Article 72 of the IVA implementing decree on all supplies and services sold to United States Military Commands in Italy.
(1)     The Contractor shall include the following information on invoices submitted to the United States Government:
(i)     The contract number.
(ii)     The IVA tax exemption claimed pursuant to Article 72 of Decree Law 633, dated October 26, 1972.
(iii)     The following fiscal code(s): [Contracting Officer must insert the applicable fiscal code(s) for military activities within Italy: 80028250241 for Army, 80156020630 for Navy, or 91000190933 for Air Force].
(2)     (i)     Upon receipt of the invoice, the paying office will include the following certification on one copy of the invoice:

“I certify that this invoice is true and correct and reflects expenditures made in Italy for the Common Defense by the United States Government pursuant to international agreements. The amount to be paid does not include the IVA tax, because this transaction is not subject to the tax in accordance with Article 72 of Decree Law 633, dated October 26, 1972.”
An authorized United States Government official will sign the copy of the invoice containing this certification.
(ii)     The paying office will return the certified copy together with payment to the Contractor. The payment will not include the amount of the IVA tax.
(iii)     The Contractor shall retain the certified copy to substantiate non-payment of the IVA tax.
(3)     The Contractor may address questions regarding the IVA tax to the Ministry of Finance, IVA Office, Rome (06) 520741.
(c)     In addition to the IVA tax, purchases by the United States Forces in Italy are exempt from the following taxes:
(1)     Imposta di Fabbricazione (Production Tax for Petroleum Products).
(2)     Imposta di Consumo (Consumption Tax for Electrical Power).
(3)     Dazi Doganali (Customs Duties).
(4)     Tassa di Sbarco e d’Imbarco sulle Merci Transportate per Via Aerea e per Via Maritima (Port Fees).
(5)     Tassa de Circolazione sui Veicoli (Vehicle Circulation Tax).
(6)     Imposta di Registro (Registration Tax).
(7)     Imposta di Bollo (Stamp Tax).

(End of Clause)   


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252.229-7005 Tax Exemptions (Spain).
As prescribed in 229.402-70(e), use the following clause:

TAX EXEMPTIONS (SPAIN) (JUN 1997)
(a)     The Contractor represents that the contract prices, including subcontract prices, do not include the taxes identified herein, or any other taxes from which the United States Government is exempt.
(b)     In accordance with tax relief agreements between the United States Government and the Spanish Government, and because the incumbent contract arises from the activities of the United States Forces in Spain, the contract will be exempt from the following excise, luxury, and transaction taxes:
(1)     Derechos de Aduana (Customs Duties).
(2)     Impuesto de Compensacion a la Importacion (Compensation Tax on Imports).
(3)     Transmissiones Patrionomiales (Property Transfer Tax).
(4)     Impuesto Sobre el Lujo (Luxury Tax).
(5)     Actos Juridocos Documentados (Legal Official Transactions).
(6)     Impuesto Sobre el Trafico de Empresas (Business Trade Tax).
(7)     Impuestos Especiales de Fabricacion (Special Products Tax).
(8)     Impuesto Sobre el Petroleo y Derivados (Tax on Petroleum and its By-Products).
(9)     Impuesto Sobre el Uso de Telefona (Telephone Tax).
(10)     Impuesto General Sobre la Renta de Sociedades y demas Entidades Juridicas (General Corporation Income Tax).
(11)     Impuesto Industrial (Industrial Tax).
(12)     Impuesto de Rentas Sobre el Capital (Capital Gains Tax).
(13)     Plus Vailia (Increase on Real Property).
(14)     Contribucion Territorial Urbana (Metropolitan Real Estate Tax).
(15)     Contribucion Territorial Rustica y Pecuaria (Farmland Real Estate Tax).
(16)     Impuestos de la Diputacion (County Service Charges).
(17)     Impuestos Municipal y Tasas Parafiscales (Municipal Tax and Charges).

(End of Clause)   


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252.239-7011 Special Construction and Equipment Charges.
As prescribed in 239.7411(b), use the following clause:

SPECIAL CONSTRUCTION AND EQUIPMENT CHARGES (DEC 1991)
(a)     The Government will not directly reimburse the Contractor for the cost of constructing any facilities or providing any equipment, unless the Contracting Officer authorizes direct reimbursement.
(b)     If the Contractor stops using facilities or equipment which the Government has, in whole or part, directly reimbursed, the Contractor shall allow the Government credit for the value of the facilities or equipment attributable to the Government's contribution. Determine the value of the facilities and equipment on the basis of their foreseeable reuse by the Contractor at the time their use is discontinued or on the basis of the net salvage value, whichever is greater. The Contractor shall promptly pay the Government the amount of any credit.
(c)     The amount of the direct special construction charge shall not exceed—
(1)     The actual costs to the Contractor; and
(2)     An amount properly allocable to the services to be provided to the Government.
(d)     The amount of the direct special construction charge shall not include costs incurred by the Contractor which are covered by—
(1)     A cancellation or termination liability; or
(2)     The Contractor's recurring or other nonrecurring charges.
(e)     The Contractor represents that—
(1)     Recurring charges for the services, facilities, and equipment do not include in the rate base any costs that have been reimbursed by the Government to the Contractor; and
(2)     Depreciation charges are based only on the cost of facilities and equipment paid by the Contractor and not reimbursed by the Government.
(f)     If it becomes necessary for the Contractor to incur costs to replace any facilities or equipment, the Government shall assume those costs or reimburse the Contractor for replacement costs at mutually acceptable rates under the following circumstances—
(1)     The Government paid direct special construction charges; or
(2)     The Government reimbursed the Contractor for those facilities or equipment as a part of the recurring charges; and
(3)     The need for replacement was due to circumstances beyond the control and without the fault of the Contractor.
(g)     Before incurring any costs under paragraph (f) of this clause, the Government shall have the right to terminate the service under the Cancellation or Termination of Orders clause of this contract.

(End of Clause)   


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252.247-7023 Transportation of Supplies by Sea.
As prescribed in 247.573(b)(1), use the following clause:

TRANSPORTATION OF SUPPLIES BY SEA (MAY 2002)
(a)     Definitions. As used in this clause—
(1)     “Components” means articles, materials, and supplies incorporated directly into end products at any level of manufacture, fabrication, or assembly by the Contractor or any subcontractor.
(2)     “Department of Defense” (DoD) means the Army, Navy, Air Force, Marine Corps, and defense agencies.
(3)     “Foreign flag vessel” means any vessel that is not a U.S.-flag vessel.
(4)     “Ocean transportation” means any transportation aboard a ship, vessel, boat, barge, or ferry through international waters.
(5)     “Subcontractor” means a supplier, materialman, distributor, or vendor at any level below the prime contractor whose contractual obligation to perform results from, or is conditioned upon, award of the prime contract and who is performing any part of the work or other requirement of the prime contract.
(6)     “Supplies” means all property, except land and interests in land, that is clearly identifiable for eventual use by or owned by the DoD at the time of transportation by sea.
(i)     An item is clearly identifiable for eventual use by the DoD if, for example, the contract documentation contains a reference to a DoD contract number or a military destination.
(ii)     “Supplies” includes (but is not limited to) public works; buildings and facilities; ships; floating equipment and vessels of every character, type, and description, with parts, subassemblies, accessories, and equipment; machine tools; material; equipment; stores of all kinds; end items; construction materials; and components of the foregoing.
(7)     “U.S.-flag vessel” means a vessel of the United States or belonging to the United States, including any vessel registered or having national status under the laws of the United States.
(b)     (1)     The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2)     A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if—
(i)     This contract is a construction contract; or
(ii)     The supplies being transported are—
(A)     Noncommercial items; or
(B)     Commercial items that—
(1)     The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);
(2)     Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
(3)     Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.
(c)     The Contractor and its subcontractors may request that the Contracting Officer authorize shipment in foreign-flag vessels, or designate available U.S.-flag vessels, if the Contractor or a subcontractor believes that—
(1)     U.S.-flag vessels are not available for timely shipment;
(2)     The freight charges are inordinately excessive or unreasonable; or
(3)     Freight charges are higher than charges to private persons for transportation of like goods.
(d)     The Contractor must submit any request for use of other than U.S.-flag vessels in writing to the Contracting Officer at least 45 days prior to the sailing date necessary to meet its delivery schedules. The Contracting Officer will process requests submitted after such date(s) as expeditiously as possible, but the Contracting Officer's failure to grant approvals to meet the shipper's sailing date will not of itself constitute a compensable delay under this or any other clause of this contract. Requests shall contain at a minimum—
(1)     Type, weight, and cube of cargo;
(2)     Required shipping date;
(3)     Special handling and discharge requirements;
(4)     Loading and discharge points;
(5)     Name of shipper and consignee;
(6)     Prime contract number; and
(7)     A documented description of efforts made to secure U.S.-flag vessels, including points of contact (with names and telephone numbers) with at least two U.S.-flag carriers contacted. Copies of telephone notes, telegraphic and facsimile message or letters will be sufficient for this purpose.
(e)     The Contractor shall, within 30 days after each shipment covered by this clause, provide the Contracting Officer and the Maritime Administration, Office of Cargo Preference, U.S. Department of Transportation, 400 Seventh Street SW, Washington, DC 20590, one copy of the rated on board vessel operating carrier's ocean bill of lading, which shall contain the following information:
(1)     Prime contract number;
(2)     Name of vessel;
(3)     Vessel flag of registry;
(4)     Date of loading;
(5)     Port of loading;
(6)     Port of final discharge;
(7)     Description of commodity;
(8)     Gross weight in pounds and cubic feet if available;
(9)     Total ocean freight in U.S. dollars; and
(10)     Name of steamship company.
(f)     The Contractor shall provide with its final invoice under this contract a representation that to the best of its knowledge and belief—
(1)     No ocean transportation was used in the performance of this contract;
(2)     Ocean transportation was used and only U.S.-flag vessels were used for all ocean shipments under the contract;
(3)     Ocean transportation was used, and the Contractor had the written consent of the Contracting Officer for all non-U.S.-flag ocean transportation; or
(4)     Ocean transportation was used and some or all of the shipments were made on non-U.S.-flag vessels without the written consent of the Contracting Officer. The Contractor shall describe these shipments in the following format:

Item Description     Contract Line Items     Quantity

TOTAL                 
(g)     If the final invoice does not include the required representation, the Government will reject and return it to the Contractor as an improper invoice for the purposes of the Prompt Payment clause of this contract. In the event there has been unauthorized use of non-U.S.-flag vessels in the performance of this contract, the Contracting Officer is entitled to equitably adjust the contract, based on the unauthorized use.
(h)     In the award of subcontracts for the types of supplies described in paragraph (b)(2) of this clause, the Contractor shall flow down the requirements of this clause as follows:
(1)     The Contractor shall insert the substance of this clause, including this paragraph (h), in subcontracts that exceed the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.
(2)     The Contractor shall insert the substance of paragraphs (a) through (e) of this clause, and this paragraph (h), in subcontracts that are at or below the simplified acquisition threshold in Part 2 of the Federal Acquisition Regulation.

ALTERNATE I (MAR 2000) As prescribed in 247.573(b)(2), substitute the following paragraph (b) for paragraph (b) of the basic clause:
(b)     (1)     The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2)     A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if the supplies being transported are—
(i)     Noncommercial items; or
(ii)     Commercial items that—
(A)     The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);
(B)     Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations (Note: This contract requires shipment of commercial items in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations); or
(C)     Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643.

ALTERNATE II (MAR 2000) As prescribed in 247.573(b)(3), substitute the following paragraph (b) for paragraph (b) of the basic clause:
(b)     (1)     The Contractor shall use U.S.-flag vessels when transporting any supplies by sea under this contract.
(2)     A subcontractor transporting supplies by sea under this contract shall use U.S.-flag vessels if the supplies being transported are—
(i)     Noncommercial items; or
(ii)     Commercial items that—
(A)     The Contractor is reselling or distributing to the Government without adding value (generally, the Contractor does not add value to items that it subcontracts for f.o.b. destination shipment);
(B)     Are shipped in direct support of U.S. military contingency operations, exercises, or forces deployed in humanitarian or peacekeeping operations; or
(C)     Are commissary or exchange cargoes transported outside of the Defense Transportation System in accordance with 10 U.S.C. 2643 (Note: This contract requires transportation of commissary or exchange cargoes outside of the Defense Transportation System in accordance with 10 U.S.C. 2643).

ALTERNATE III (MAY 2002) As prescribed in 247.573(b)(4), substitute the following paragraph (f) for paragraphs (f), (g), and (h) of the basic clause:
(f)     The Contractor shall insert the substance of this clause, including this paragraph (f), in subcontracts that are for a type of supplies described in paragraph (b)(2) of this clause.

(End of Clause)   

252.209-7002 Disclosure of Ownership or Control by a Foreign Government.
As prescribed in 209.104-70(b), use the following provision:

DISCLOSURE OF OWNERSHIP OR CONTROL BY A FOREIGN GOVERNMENT
(JUN 2010)
(a)     Definitions. As used in this provision—
(1)     “Effectively owned or controlled” means that a foreign government or any entity controlled by a foreign government has the power, either directly or indirectly, whether exercised or exercisable, to control the election, appointment, or tenure of the Offeror’s officers or a majority of the Offeror’s board of directors by any means, e.g., ownership, contract, or operation of law (or equivalent power for unincorporated organizations).
(2)     “Entity controlled by a foreign government”—
(i)     Means—
(A)     Any domestic or foreign organization or corporation that is effectively owned or controlled by a foreign government; or
(B)     Any individual acting on behalf of a foreign government.
(ii)     Does not include an organization or corporation that is owned, but is not controlled, either directly or indirectly, by a foreign government if the ownership of that organization or corporation by that foreign government was effective before October 23, 1992.
(3)     “Foreign government” includes the state and the government of any country (other than the United States and its outlying areas) as well as any political subdivision, agency, or instrumentality thereof.
(4)     “Proscribed information” means—
(i)     Top Secret information;
(ii)     Communications security (COMSEC) material, excluding controlled cryptographic items when unkeyed or utilized with unclassified keys;
(iii)     Restricted Data as defined in the U.S. Atomic Energy Act of 1954, as amended;
(iv)     Special Access Program (SAP) information; or
(v)     Sensitive Compartmented Information (SCI).
(b)     Prohibition on award. No contract under a national security program may be awarded to an entity controlled by a foreign government if that entity requires access to proscribed information to perform the contract, unless the Secretary of Defense or a designee has waived application of 10 U.S.C. 2536(a).
(c)     Disclosure. The Offeror shall disclose any interest a foreign government has in the Offeror when that interest constitutes control by a foreign government as defined in this provision. If the Offeror is a subsidiary, it shall also disclose any reportable interest a foreign government has in any entity that owns or controls the subsidiary, including reportable interest concerning the Offeror’s immediate parent, intermediate parents, and the ultimate parent. Use separate paper as needed, and provide the information in the following format:

Offeror’s Point of Contact for Questions about Disclosure
(Name and Phone Number with Country Code, City Code and Area Code, as applicable)     


Name and Address of Offeror     
TERPETAL
6048 AVENIDA DE CASTILLO,LONG BEACH,CA 90803


Name of Foreign Government Entity    Address of Entity Controlled by a Foreign Government    Description of Interest    Ownership Percentage    Identification of Foreign Government

(End of Provision)   

252.212-7000 Offeror Representations and Certifications--Commercial Items.
As prescribed in 212.301(f)(ii), use the following provision:

OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS
(JUN 2005)
(a)     Definitions. As used in this clause—
(1)     “Foreign person” means any person other than a United States person as defined in Section 16(2) of the Export Administration Act of 1979 (50 U.S.C. App. Sec. 2415).
(2)     “United States” means the 50 States, the District of Columbia, outlying areas, and the outer Continental Shelf as defined in 43 U.S.C. 1331.
(3)     “United States person” is defined in Section 16(2) of the Export Administration Act of 1979 and means any United States resident or national (other than an individual resident outside the United States and employed by other than a United States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate (including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as determined under regulations of the President.
(b)     Certification. By submitting this offer, the Offeror, if a foreign person, company or entity, certifies that it—
(1)     Does not comply with the Secondary Arab Boycott of Israel; and
(2)     Is not taking or knowingly agreeing to take any action, with respect to the Secondary Boycott of Israel by Arab countries, which 50 U.S.C. App. Sec. 2407(a) prohibits a United States person from taking.
(c)     Representation of Extent of Transportation by Sea. (This representation does not apply to solicitations for the direct purchase of ocean transportation services).
(1)     The Offeror shall indicate by checking the appropriate blank in paragraph (c)(2) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.
(2)     Representation. The Offeror represents that it—
unchecked     Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
checked     Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
(3)     Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of Provision)   

252.216-7003 Economic Price Adjustment--Wage Rates or Material Prices Controlled by a Foreign Government.
As prescribed in 216.203-4-70(c), use the following clause:

ECONOMIC PRICE ADJUSTMENT--WAGE RATES OR MATERIAL PRICES CONTROLLED BY A FOREIGN GOVERNMENT (JUN 1997)
(a)     The Contractor represents that the prices set forth in this contract—
(1)     Are based on the wage rate(s) or material price(s) established and controlled by the Government of ; and
(2)     Do not include contingency allowances to pay for possible increases in wage rates or material prices.
(b)     If wage rates or material prices are revised by the government named in paragraph (a) of this clause, the Contracting Officer shall make an equitable adjustment in the contract price and shall modify the contract to the extent that the Contractor’s actual costs of performing this contract are increased or decreased, as a direct result of the revision, subject to the following:
(1)     For increases in established wage rates or material prices, the increase in contract unit price(s) shall be effective on the same date that the government named in paragraph (a) of this clause increased the applicable wage rate(s) or material price(s), but only if the Contracting Officer receives the Contractor’s written request for contract adjustment within 10 days of the change. If the Contractor’s request is received later, the effective date shall be the date that the Contracting Officer received the Contractor’s request.
(2)     For decreases in established wage rates or material prices, the decrease in contract unit price(s) shall be effective on the same date that the government named in paragraph (a) of this clause decreased the applicable wage rate(s) or material price(s). The decrease in contract unit price(s) shall apply to all items delivered on and after the effective date of the government’s rate or price decrease.
(c)     No modification changing the contract unit price(s) shall be executed until the Contracting Officer has verified the applicable change in the rates or prices set by the government named in paragraph (a) of this clause. The Contractor shall make available its books and records that support a requested change in contract price.
(d)     Failure to agree to any adjustment shall be a dispute under the Disputes clause of this contract.

(End of Clause)   

252.225-7000 Buy American Act--Balance of Payments Program Certificate.
As prescribed in 225.1101(1), use the following provision:
BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE
(DEC 2009)
(a)     Definitions. “Commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “foreign end product,” “qualifying country,” “qualifying country end product,” and “United States” have the meanings given in the Buy American Act and Balance of Payments Program clause of this solicitation.
(b)     Evaluation. The Government—
(1)     Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2)     Will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program.
(c)     Certifications and identification of country of origin.
(1)     For all line items subject to the Buy American Act and Balance of Payments Program clause of this solicitation, the offeror certifies that—
(i)     Each end product, except those listed in paragraphs (c)(2) or (3) of this provision, is a domestic end product; and
(ii)     For end products other than COTS items, components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
(2)     The offeror certifies that the following end products are qualifying country end products:

Description:     Country of Origin:
(3)     The following end products are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”:

Description:     Country of Origin (If known):

(End of Provision)   

252.225-7020 Trade Agreements Certificate.
As prescribed in 225.1101(5), use the following provision:
TRADE AGREEMENTS CERTIFICATE (JAN 2005)
(a)     Definitions. “Designated country end product,” “nondesignated country end product,” “qualifying country end product,” and “U.S.-made end product” have the meanings given in the Trade Agreements clause of this solicitation.
(b)     Evaluation.The Government—
(1)     Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2)     Will consider only offers of end products that are U.S.-made, qualifying country, or designated country end products unless—
(i)     There are no offers of such end products;
(ii)     The offers of such end products are insufficient to fulfill the Government’s requirements; or
(iii)     A national interest waiver has been granted.
(c)     Certification and identification of country of origin.
(1)     For all line items subject to the Trade Agreements clause of this solicitation, the offeror certifies that each end product to be delivered under this contract, except those listed in paragraph (c)(2) of this provision, is a U.S.-made, qualifying country, or designated country end product.
(2)     The following supplies are other nondesignated country end products:

Description:     Country of Origin:

(End of Provision)   

252.225-7035 Buy American Act--Free Trade Agreements--Balance of Payments Program Certificate.
As prescribed in 225.1101(9), use the following provision:

BUY AMERICAN ACT--FREE TRADE AGREEMENTS--BALANCE OF PAYMENTS PROGRAM CERTIFICATE
(DEC 2009)
(a)     Definitions. “Bahrainian end product,” “commercially available off-the-shelf (COTS) item,” “component,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Moroccan end product,” “qualifying country end product,” and “United States, as used in this provision, have the meanings given in the Buy American Act--Free Trade Agreements--Balance of Payments Program clause of this solicitation.
(b)     Evaluation. The Government—
(1)     Will evaluate offers in accordance with the policies and procedures of Part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2)     For line items subject to Free Trade Agreements, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahrainian end products or Moroccan end products without regard to the restrictions of the Buy American Act or the Balance of Payments Program.
(c)     Certifications and identification of country of origin.
(1)     For all line items subject to the Buy American Act—Free Trade Agreements—Balance of Payments Program clause of this solicitation, the offeror certifies that—
(i)     Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; and
(ii)     Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.
(2)     The offeror shall identify all end products that are not domestic end products.
(i)     The offeror certifies that the following supplies are qualifying country (except Australian or Canadian) end products:

Description:     Country of Origin:
(ii)     The offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahrainian end products or Moroccan end products:

Description:     Country of Origin:
(iii)     The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph (ii) of the definition of “domestic end product”:

Description:     Country of Origin (If known):
ALTERNATE I (OCT 2006)
As prescribed in 225.1101(9), substitute the phrase “Canadian end product” for the phrases “Bahrainian end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” and “Moroccan end product” in paragraph (a) of the basic provision; and substitute the phrase “Canadian end products” for the phrase “Free Trade Agreement country end products other than Bahrainian end products or Moroccan end products” in paragraphs (b)(2) and (c)(2)(ii) of the basic provision.
(End of Provision)   
252.247-7022 Representation of Extent of Transportation by Sea.
As prescribed in 247.573(a), use the following provision:
REPRESENTATION OF EXTENT OF TRANSPORTATION BY SEA (AUG 1992)
(a)     The Offeror shall indicate by checking the appropriate blank in paragraph (b) of this provision whether transportation of supplies by sea is anticipated under the resultant contract. The term “supplies” is defined in the Transportation of Supplies by Sea clause of this solicitation.
(b)     Representation.The Offeror represents that it—
unchecked     Does anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
checked     Does not anticipate that supplies will be transported by sea in the performance of any contract or subcontract resulting from this solicitation.
(3)     Any contract resulting from this solicitation will include the Transportation of Supplies by Sea clause. If the Offeror represents that it will not use ocean transportation, the resulting contract will also include the Defense Federal Acquisition Regulation Supplement clause at 252.247-7024, Notification of Transportation of Supplies by Sea.

(End of Provision)