52.2 12-3 Offeror Re presen tatio ns and Certification s— Co mmercia l Item s. As pres cribed in 12 .301 (b)(2 ), insert the fo llowing provision: O F F ER O R R E P R E SE N T AT IO N S
AND
C E R T IF IC A T IO N S — C OMM ERCIAL ITEMS (M A R 2005)
An offeror shall complete only paragraph (j) of this provision if the offeror has completed the annual represe ntation s an d ce rtifications elec tronically at http://orca.bpn.gov. If an offeror has not completed the ann ual repres enta tions a nd c ertifications e lectronically at the ORC A webs ite, the offero r sha ll com plete only paragraph s (b) throu gh (i) of this provision. (a) Definitions. As u sed in this provision: “Emerging small business” means a sm all business concern whose size is no greater than 50 percent of the num erical size standa rd for the N AIC S co de d esignate d. “Forced or indentured child labor” means all work or service— (1) Exac ted fro m any pe rson un der th e ag e of 1 8 un der the m ena ce o f any pena lty for its nonperform ance an d for which the work er does no t offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be acco m plishe d by proce ss o r pen alties. “Service-disabled veteran-own ed sm all business conce rn”— (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 m anagem ent and daily business operations of wh ich are controlled by one or mo re service-disabled veterans or, in the case of a s ervice-disabled veteran with perm anent and s evere disability, the spouse or pe rm ane nt caregive r of such veteran. (2) Service-disabled veteran m eans a ve teran, as defined in 38 U .S.C. 101(2), with a disability th at is service-con nec ted, as de fined 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 qua lified as a sm all business under th e criteria in 13 CF R P art 12 1 an d size s tand ards in this so licitation. “Veteran-owned small business concern” means a sm all 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 managem ent and daily business operations of which are controlled by one or more veterans. “W omen-owned business concern” means a concern which is at least 51 percent owned by one or more wom en; 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 managem ent and daily business operations are controlled by one or m ore w om en. “W omen-owned sm all business concern” means a sm all 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) W hos e m ana gem ent and d aily business ope rations are con trolled by one o r m ore w om en.
(b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this information to a central contractor registration database to be eligible for award.) (1) All offerors m ust su bm it the info rm atio n re quired in paragraphs (b)(3) through (b )(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implem enting regulations issued by the Internal Re venue S ervice (IRS). (2) The TIN may be used by the Government to collect and report on any delinquent amounts arising out of the offeror’s re lationship with the Governm ent (31 U .S.C. 7701(c)(3)). If the res ulting contract is subject to the payment reporting requirements described in FAR 4.904, the TIN provided hereunder may be m atch ed w ith IRS reco rds to verify the acc urac y of the o ffero r’s TIN. (3) Taxpayer Identification Number (TIN).
o o o o
TIN : ______ ___ ___ ___ ___ ___ ___ ___ ___ __. TIN has bee n ap plied fo r. TIN is not re quired be cau se: Offeror is a nonres ident 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 plac e of b usiness or a fiscal pa ying agent in the United S tates;
o o o o o o o o o o o o
Offeror is an age ncy or instrum enta lity of a foreign go vern m ent; Offeror is an age ncy or instrum enta lity of the Fe dera l Govern m ent. Sole prop rietors hip; Partners hip; Corporate entity (not tax -exem pt); Corporate entity (tax-exem pt); Go vern m ent entity (Fed eral, State, or local); Foreign governm ent; Internationa l organization per 2 6 CFR 1.6049-4 ; Oth er __ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ . Offeror is not own ed o r con trolled by a com m on p aren t; Nam e an d T IN of com m on p aren t: Na m e __ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ . TIN ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ .
(4) Type of organization.
(5) Comm on parent.
(c) Offerors must complete the following representations when the resulting contract will be performed in the U nited S tates or its ou tlying area s. Chec k all that app ly. (1) Sm all business conce rn. The offeror represe nts as pa rt of its offer tha t it bus iness co nce rn. (2) Veteran-ow ned sm all business conce rn. [Com plete only if the offe ror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror rep resents as part of its offer that it
o is, o is not a
sm all
o is, o is not a
veteran-o wne d sm all business co nce rn.
(3) Service-disabled veteran -owne d sm all business conce rn. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.] The
offeror repres ents as part of its offer that it con cern.
o is, o is not a service-disabled veteran-owned small business
(4) Sm all disadva ntaged bus iness conc ern. [Com plete only if the offe ror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents, for general statistical purp ose s, that it
o is, o is not a
sm all disad vantage d bu siness c onc ern a s de fined in 13 C FR 124 .100 2.
(5) W ome n-own ed sm all business conce rn. [Com plete only if the offe ror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represe nts that it wom en-o wne d sm all business co nce rn. Note : Com plete paragraphs (c)(6) and (c)(7) only if this solicitation is expected to exceed the simplified acq uisition threshold. (6) W ome n-own ed busines s conc ern (other than sm all business conce rn). [Complete only if the offe ror is a wo men-owned business concern and did not represent itse lf as a small business concern in paragraph (c)(1) of this provision.] The offeror represe nts that it
o is, o is not a
o is a wo m en-o wne d bu siness c onc ern.
(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 prod uction (by offe ror or first-tier subc ontra ctors ) am oun t to m ore th an 5 0 pe rcent of the co ntrac t price: ________________________________________________ (8) Small Business Size for the Small Business Competitiveness Demonstration Program and for the Targeted Industry Categories under the Small Business Com petitiveness Demonstration Program. [Co mp lete on ly if the offeror has re pres ente d itself to be a sma ll busine ss c onc ern u nde r the s ize standards for this solicitation.] (i) [Com plete only for solicita tion s indicate d in an addendum as being set-aside for em erging small businesse s in one of the designated industry grou ps (DIG s).] The offeror represents as part of its offer that it
o is, o is not an em erging sm all business.
(ii) [Complete only for solicitations indicated in an addendum as being for one of the targeted
industry categories (TICs ) or designated industry group s (DIG s).] Offeror represe nts as follow s: (A) O ffero r’s num ber o f em ployee s for the past 12 m onth s (chec k the Em ployee s co lum n if size standard stated in the solicitation is expressed in term s of num ber of em ployees); or (B) Offeror’s average annual gross revenue for the last 3 fiscal years (check the Average Annua l Gross N um ber of Reve nues co lumn if size standard stated in the solicitation is expressed in term s of an nua l receipts). (Check one of the following):
Number of Employees __ 50 or fewer __ 51–100 __ 101–250 __ 251–500 __ 501–750 __ 751–1,000 __ Over 1,000 Average Annual Gross Revenues __ $1 million or less __ $1,000,001–$2 million __ $2,000,001–$3.5 million __ $3,500,001–$5 million __ $5,000,001–$10 million __ $10,000,001–$17 million __ Over $17 million
(9) [Complete only if the solicitation contains the clause at FAR 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns, or FAR 52.219-25, Small Disadvantaged Bu siness P articip atio n Program — Disadvantag ed Sta tus and R eporting , and the offeror desires a benefit based on its disadvantaged status.] (i) Ge nera l. The offeror represents that either— (A) It
o is, o 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 CF R 124 .104(c)(2); or (B) It
o has , o has not submitted a completed application to the Small Business Administration
or a P rivate C ertifier to b e ce rtified as a sm all disad vantage d bu siness c onc ern in acc orda nce with 13 CF R 124, S ubpart B, and a decision on that applicatio n is pending, and that no m ate rial change in disadvantag ed o wne rship and con trol has occ urred sinc e its ap plication was sub m itted. (ii)
o Joint Ventures under the Price Evaluation Adjustment for Small Disadvantaged Business
Co nce rns. The offeror represents, as part of its offer, that it is a joint venture that complies with the requirem ents in 13 CF R 124.1 002(f) and that the rep resenta tion in paragraph (c)(9)(i) of this pro vision is acc urate for the sm all disad vantage d bu siness c onc ern th at is pa rticipating in the joint venture. [The offeror shall enter the name of the small disadvantaged business concern that is participating in the joint venture: ___________________.] (10) HU BZon e sm all business conce rn. [Com plete only if the offe ror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represe nts, as pa rt of its offer, tha t— (i) It
o is, o is not a HUBZone small business concern listed, on the date of this representation, on
the List of Qualified HUBZone Sm all Business Concerns maintained by the Small Business Adm inistration, and no material change in ownership and control, principal office, or HUBZone em ployee perc enta ge h as o ccu rred since it was certified by the S m all Bus iness Ad m inistration in acc orda nce with 13 CFR Part 126; and (ii) It
o is, o is not a joint venture that complies with the requirements of 13 CFR Part 126, and the
representation in paragraph (c)(10)(i) of this provision is accurate for the HUBZone sm all business con cern or c onc erns that are pa rticipating in the joint venture. [The offeror shall enter the name or names of the HUB Zone s mall business co ncern or co ncerns that are pa rticipating in the joint venture: ___ ___ ___ _.] Ea ch H UB Zone s m all business co nce rn pa rticipating in the joint venture s hall subm it a sep arate signe d co py of the HU BZ one represe ntation . (d) Representations required to implem ent provisions of Executive Order 11246— (1) Previou s co ntrac ts and co m plianc e. The o ffero r represents that— (i) It (ii) It (i) It
o has , o has not participated in a previous contract or subcontract subject to the Equal o has , o has o has
not filed all required com plianc e rep orts.
Opportunity clause of this solicitation; and (2) Affirmative Action Compliance. The offeror represe nts that— developed a nd h as o n file,
o has not developed and does not have on file, at each
establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 cfr parts 60-1 an d 60-2), or (ii) It
o has not previously had contracts subject to the written affirmative action programs
requ irem ent of the ru les an d reg ulations of th e Se cretary of Labo r. (e) Certification Regarding Payments to Influence Federal Transactions (31 U.S.C. 1352). (Applies only if the contract is expected to exceed $100,000.) By submission of its offer, the offeror certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Mem ber of Congress, an officer or employee of Congress or an employee of a Mem ber of Congress on his or her beh alf in co nne ction w ith the award of a ny resultant c ontra ct.
(f) Buy Am erican Ac t Certificate. (Applies only if the clause at Federal Acquisition Regulation (FAR) 52.225-1, Buy Am erican Act— Supplies, is included in this solicitation.) (1) The offeror certifie s th at each end pro duct, except th ose listed in paragraph (f)(2) of this prov ision, is a dom estic end prod uct and that the offeror has c ons idered co m pon ents of un known origin to have been mined, produced, or manufactured outside the United States. The offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. The terms “com ponent,” “domestic end product,” “end product,” “foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy Am erican Act— Supplies.” (2) Foreign End Products:
Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________
[List as necess ary] (3) The Government will evaluate offers in accordance with the policies and procedures of FA R P art 25 . (g)(1) Buy Am erican Ac t— Fre e Trade Agreem ents — Israe li Trade Act C ertificate. (Applies only if the clause at FA R 52.22 5-3, B uy Am erican Act— Free Trade Agreem ents— 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 the offeror has considered components of unkn own origin to have been m ined, produced, or m anufactured outside the United States. The terms “com ponent,” “dom estic end produc t,” “end product,” “foreign end product,” and “Un ited States” are defined in the clause of this solicita tion entitled “Buy Am erican Act— Free Trade Agreem ents— Israeli Trade Act.” (ii) The offeror certifies that the following supplies are end products of Australia, Canada, Chile, Mexico, or Singapore, or Israeli end products as defined in the clause of this solicitation entitled “Buy Am erican Ac t— Fre e T rade Agreem ents — Israe li Trad e Ac t”: End Products of Australia, Canada, Chile, Mexico, or Singapore or Israeli End Products:
Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________
[List as necess ary] (iii) T he offeror shall list tho se supplies that are fo reign 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— Fre e T rade Agreem ents — Israe li Trad e Ac t.” The offeror sha ll list as other foreign en d pro duc ts thos e en d pro duc ts m anu factured in the U nited S tates that do not qualify as dom estic end prod ucts . Other Foreign End Products:
Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________
[List as necess ary] (iv) The Government will evaluate offers in accordance with the policies and procedures of FA R P art 25 .
(2) Buy American Act—F ree Trade Agreements—Israeli Trade Act Certificate, Alternate I (Jan 2004). If Alternate I to the clause at FAR 52.225-3 is included in this solicitation, substitute the following para grap h (g)(1)(ii) for para grap h (g)(1)(ii) of the ba sic 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 Am erican Ac t—Free Trade Ag reeme nts— Israeli Trade Ac t”:
Canadian End Products:
Line Item No. _______________________________________ _______________________________________ _______________________________________
[List as necess ary] (3) Buy Am erican Ac t— Fre e Trade Agreem ents — Israe li Trade Act C ertificate, Alternate II (Jan 2004). If Alternate II to the clause at FAR 52.225-3 is included in this solicitation, substitute the following pa ragraph (g)(1)(ii) for pa ragraph (g)(1)(ii) of the bas ic 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 th is solicitation entitled “Buy A merican Act— Free Trade A greem ents— Israeli Trade Ac t”:
Canadian or Israeli End Products:
Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________
[List as necess ary] (4) Trade A gree me nts C ertificate. (Applies only if the clause at FA R 52.22 5-5, T rade Agreem ents, is included in this solicitation.) (i) T he offeror certifie s th at each end pro duct, except th ose 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 “Trad e Agreem ents.” (ii) The offeror shall list as other end products those end products that are not U.S.-made or des ignated coun try end prod ucts . Other End Products:
Line Item No. Country of Origin ______________ _________________ ______________ _________________ ______________ _________________
[List as necess ary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the W TO G PA, 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 prod ucts are ins ufficient to fulfill the re quirem ents of the solicitation . (h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12549). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals— (1)
o Are, o are
not presently debarred, s uspended, proposed for debarm ent, or declared ineligible
for the award of contracts by any Federal agency; and
(2)
o Have, o have not, within a three-year period preceding this offer, been convicted of or had a
civil judgm ent re nde red a gainst them for: co m m ission of fraud or a crim inal offe nse in con nec tion with obta ining, attem pting to obtain, or pe rform ing a F ede ral, state or local governm ent contra ct or s ubc ontra ct; violation of Federal or state antitrust statutes relating to the submission of offers; or comm ission of embezzlement, theft, forgery, bribery, falsification or destruction of records, mak ing false statements, tax evasion, or receiving stolen property; and (3)
o Are, o are not presently indicted for, or otherwise criminally or civilly charged by a Government
entity with, com m ission of an y of thes e offens es. (i) Certification Regarding Knowledge of Child Labor for Listed End Products (Executive Order 13126). [Th e C ontractin g O ffice r m ust list in paragraph (i)(1) an y end pro ducts 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 prod ucts .
Listed End Product Listed Countries of Origin ___________________ ___________________ ___________________ ___________________
(2) Certification. [If the C ontractin g O ffice r ha s identified end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must certify to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] [ ] (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was m ined, prod uce d, or m anu factured in the correspo nding co untry as listed for tha t prod uct. [ ] (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 m ine, produce, or m anufacture any such end pro duct furnished under this contract. O n the basis of tho se e fforts , the offeror certifies that it is not aw are o f any such use of ch ild labor. (j)(1) Annual Representations and Certifications. Any changes provided by the offeror in paragraph (j) of this provision do not automatically change the representations and certifications posted on the Online Re pres enta tions a nd C ertifications A pplica tion (O RC A) webs ite. (2) The offeror has completed the annual representations and certifications electronically via the OR CA web site at http://orca.bpn.gov . After reviewing the ORCA database information, the offeror verifies by subm ission of this offer that the rep resenta tion s and certific atio ns currently posted electronically at FAR 52.212-3, Offeror Representations and Certifications—Com mercial 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 (b) through (i) 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.]