[Federal Register Volume 61, Number 174 (Friday, September 6, 1996)]
[Proposed Rules]
[Pages 47101-47105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22618]


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DEPARTMENT OF DEFENSE
48 CFR Parts 212, 219, 225, 226, 227, 233, and 252

[DFARS Case 96-D306]


Defense Federal Acquisition Regulation Supplement; Elimination of 
Certifications

AGENCY: Department of Defense (DoD).

ACTION: Proposed rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: The Director of Defense Procurement is proposing to amend the 
Defense Federal Acquisition Regulation Supplement (DFARS) to remove 
certification requirements for contractors and offerors that are not 
specifically imposed by statute.

DATES: Comments on the proposed rule should be submitted in writing to 
the address shown below on or before November 5, 1996, to be considered 
in the formulation of the final rule.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Mr. Michael Mutty, PDUSD 
(A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-
3062. Telefax number (703) 602-0350. Please cite DFARS Case 96-D306 in 
all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Mr Michael Mutty, (703) 602-0131.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule amends DFARS Parts 212, 219, 225, 226, 227, 233, 
and 252 to remove particular certification requirements. The proposed 
rule implements Section 4301(b) of the National Defense Authorization 
Act for Fiscal Year 1996 (Public Law 104-106). Section 4301(b) requires 
the head of each executive agency, that has agency procurement 
regulations containing one or more certification requirements for 
contractors and offerors that are not specifically imposed by statute, 
to issue for public comment a proposal to remove from the agency 
regulations those certification requirements that are not specifically 
imposed by statute. The head of the agency can omit such a 
certification from its proposal only if: (1) The senior procurement 
executive for the executive agency provides the head of the executive 
agency with a written justification for the requirement and a 
determination that there is no less burdensome means for administering 
and enforcing the particular regulation that contains the certification 
requirement; and (2) the head of the executive agency approves in 
writing the retention of such certification requirement.
    The DFARS certifications for contractors and offerors proposed for 
elimination are summarized as follows:

------------------------------------------------------------------------
        DFARS citation                       Title/subject              
------------------------------------------------------------------------
219.301......................  Representations by the offeror.          
219.302-70...................  Protesting a small disadvantaged business
                                representation.                         
225.603......................  Customs and Duties.                      
226.7005/7008................  Eligibility as an HBCU or MI.            
227.7004/7103/7104...........  Patents/Technical Data.                  
233.70/252.233-7000..........  Certification of Claims and Request for  
                                Adjustment or Relief.                   
252.216-7000.................  Economic Price Adjustment--Basic Steel,  
                                Aluminum, Brass, Bronze, or Copper Mill 
                                Products.                               
252.216-7001.................  Economic Price Adjustment--Nonstandard   
                                Steel Items.                            
252.217-7005.................  Inspection and Manner of Doing Work.     
252.219-7000.................  Small Disadvantaged Business Concern     
                                Representation (DoD Contracts).         
252.225-7000/7006............  Buy American Act/Trade Agreements/Balance
                                of Payments Program.                    
252.225-7007.................  Trade Agreements.                        
252.225-7009/7010/7037.......  Duty Free Entry.                         
252.225-7018.................  Notice of Prohibition of Certain         
                                Contracts with Foreign Entities for the 
                                Conduct of Ballistic Missile Defense    
                                RDT&E.                                  
252.225-7027.................  Limitation on Sales Commissions and Fees.
252.225-7035/7036............  Buy American Act/NAFTA/Balance of        
                                Payments Program.                       
252.226-7001.................  Historically Black College or University 
                                and Minority Institution Certification. 
252.227-7036.................  Certification of Technical Data          
                                Conformity.                             
252.236-7003.................  Payment for Mobilization and Preparatory 
                                Work.                                   
252.236-7006.................  Cost Limitation.                         
252.239-7007.................  Cancellation or Termination of Orders--  
                                Common Carriers.                        
252.247-7001.................  Price Adjustment.                        
------------------------------------------------------------------------

    The DFARS certifications for contractors and offerors specifically 
required by statute are summarized as follows:

[[Page 47102]]



----------------------------------------------------------------------------------------------------------------
            DFARS citation                     Title/subject                            Statute                 
----------------------------------------------------------------------------------------------------------------
225.770/252.225-7031.................  Secondary Arab Boycott of      10 U.S.C. 2410i.                          
                                        Israel.                                                                 
232.970-1............................  Subcontractor Assertions of    31 U.S.C. 3903(b)(1)(B).                  
                                        Nonpayment.                                                             
239.7406/252.239-7009................  Cost or Pricing Data--Common   10 U.S.C. 2306a.                          
                                        Carriers.                                                               
252.239-7010.........................  Audit and Records--Common      10 U.S.C. 2306a.                          
                                        Carriers.                                                               
252.243-7000.........................  Engineering Change Proposals.  10 U.S.C. 2306a.                          
----------------------------------------------------------------------------------------------------------------

B. Regulatory Flexibility Act

    This proposed rule is expected to have a significant beneficial 
impact on a substantial number of small entities, because it reduces 
the number of certifications that offerors and contractors must provide 
to the Government. An Initial Regulatory Flexibility Analysis (IRFA) 
has been prepared and may be obtained from the address specified 
herein. A copy of the IRFA has been submitted to the Chief Counsel for 
Advocacy of the Small Business Administration. The IRFA is summarized 
as follows: This rule removes DFARS certification requirements for 
contractors and offerors that are not specifically imposed by statute. 
The objective and legal basis of the rule is Section 4301(b) of the 
Fiscal Year 1996 Defense Authorization Act (Public Law 104-106). The 
rule will apply to all entities, large and small, who are interested in 
receiving Government contracts. The rule imposes no reporting, 
recordkeeping, or other compliance requirements, but, rather, deletes 
existing certification requirements that are not required by statute. 
The rule does not duplicate, overlap, or conflict with any other 
Federal rules. There are no practical alternatives that will 
effectively implement Section 4301(b) of Public Law 104-106. The rule 
is expected to have a beneficial impact on the public and, therefore, 
applies equally to both large and small entities.
    Comments are invited from small businesses and other interested 
parties. Comments from small entities concerning the affected DFARS 
subparts also will be considered in accordance with 5 U.S.C. 610. Such 
comments must be submitted separately and cite DFARS Case 96-D306 in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
rule does not impose any new recordkeeping, information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 212, 219, 225, 226, 227, 233, and 
252

    Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

    Therefore, 48 CFR Parts 212, 219, 225, 226, 227, 233, and 252 are 
proposed to be amended as follows:

    1. The authority citation for 48 CFR Parts 212, 219, 225, 226, 227, 
233, and 252 continues to read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 212--ACQUISITION OF COMMERCIAL ITEMS

    2. Section 212.301 is amended by revising paragraph (f)(ii) to read 
as follows:


212.301  Solicitation provisions and contract clauses for the 
acquisition of commercial items.

    (f) * * *
    (ii) Use one of the following provisions as prescribed in Part 225:
    (A) 252.225-7000, Buy American Act--Balance of Payments Program 
Provision.
    (B) 252.225-7006, Buy American Act--Trade Agreements--Balance of 
Payments Program Provision.
    (C) 252.225-7035, Buy American Act--North American Free Trade 
Agreement Implementation Act--Balance of Payments Program Provision.
* * * * *

PART 219--SMALL BUSINESS PROGRAMS

    3. Section 219.301 is amended by revising paragraph (b) to read as 
follows:


219.301  Representation by the offeror.

* * * * *
    (b) The contracting officer shall protest an offeror's 
representation that it is a small disadvantaged business concern when--
    (i) There is conflicting evidence;
    (ii) The offeror represents that the Small Business Administration 
previously determined the concern to be non-disadvantaged; or
    (iii) The offeror represents its ownership as other than Black 
American, Hispanic American, Native American (including Indian tribes 
and Native Hawaiian organizations), Asian Pacific American, or 
Subcontinent Asian American; unless the offeror represents that--
    (A) It currently is in the Section 8(a) program; or
    (B) Within the 6 months preceding submission of its offer, the 
offeror was determined by the Small Business Administration to be 
socially and economically disadvantaged, and no circumstances have 
changed to vary that determination.
    4. Section 219.302-70 is amended by revising paragraphs (d) and (e) 
to read as follows:


219.302-70  Protesting a small disadvantaged business representation.

* * * * *
    (d) Upon receipt of a timely protest, the contracting officer shall 
withhold award and forward the protest to the SBA Office of Program 
Eligibility, Office of Minority Small Business and Capitol Ownership 
Development, 409 3rd Street, SW., Washington, DC 20416. Send SBA--
    (1) The protest;
    (2) The date the protest was received and a determination of 
timeliness; and
    (3) The date of bid opening or date on which notification of 
apparent successful offeror was sent to unsuccessful offerors.
    (e) Do not withhold award when--
    (1) The contracting officer makes a written determination that 
award must be made to protect the public interest; or
    (2) The offeror represents that, within the 6 months preceding 
submission of its offer, the SBA has determined the concern to be 
socially and economically disadvantaged, and no circumstances have 
changed to vary that determination.
* * * * *

PART 225--FOREIGN ACQUISITION

    5. Section 225.109 is amended by revising the first sentence of 
paragraph (a) to read as follows:


225.109  Solicitation provisions and contract clauses.

    (a) Use the provision at 252.225-7000, Buy American Act--Balance of 
Payments Program Provision, instead of

[[Page 47103]]

the provisions at FAR 52.225-1, Buy American Provision, and FAR 52.225-
6, Balance of Payments Program Provision. * * *
* * * * *
    6. Section 225.408 is amended by revising paragraphs (a)(1) and 
(a)(3) to read as follows:


225.408  Solicitation provisions and contract clauses.

    (a)(1) Use the provision at 252.225-7006, Buy American Act--Trade 
Agreements--Balance of Payments Program Provision, instead of the 
provision at FAR 52.225-8, Buy American Act--Trade Agreements--Balance 
of Payments Program Provision, in all solicitations that include the 
clause at 252.225-7007, Trade Agreements.
* * * * *
    (3) Use the provision at 252.225-7035, Buy American Act--North 
American Free Trade Agreement Implementation Act--Balance of Payments 
Program Provision, instead of the provision at FAR 52.225-20, Buy 
American Act--North American Free Trade Agreement Implementation Act--
Balance of Payments Program Provision, in all solicitations that 
include the clause at 252.225-7036, North American Free Trade Agreement 
Implementation Act.
* * * * *
    7. Section 225.603 is amended by revising paragraph (1)(iii)(C)(2) 
to read as follows:


225.603  Procedures.

    (1) * * *
    (iii) * * *
    (c) * * *
     (2) The supplies so purchased will be delivered to the Government 
or incorporated in Government-owned property or in an end product to 
furnished to the Government, and the duty will be paid if such supplies 
or any portion are used for other than the performance of the 
Government contract or disposed of other than for the benefit of the 
Government in accordance with the contract terms; and
* * * * *

PART 226--OTHER SOCIOECONOMIC PROGRAMS

    8. Section 226.7005 is amended by revising the introductory text of 
paragraph (b) and paragraph (b)(1) to read as follows:


226.7005  Eligibility as an HBCU or MI.

* * * * *
    (b) The contracting officer shall accept an offeror's HBCU or MI 
status under the provision at 252.226-7001, unless--
    (1) Another offeror challenges the status; or
* * * * *


226.7008  [Amended]

    9. Section 226.7008 is amended in paragraph (b) by removing the 
word ``Certification'' and inserting the word ``Status'' in its place.

PART 227--PATENTS, DATA, AND COPYRIGHTS


227.7004  [Amended]

    10. Section 227.7004 is amended in paragraph (a)(6) by removing the 
word ``certification'' and inserting the word ``declaration'' in its 
place.


227.7103-6  [Amended]

    11. Section 227.7103-6 is amended in paragraph (e)(3) by removing 
the word ``Certification'' and inserting the word ``Declaration'' in 
its place.


227.7104  [Amended]

    12. Section 227.7104 is amended in paragraph (e)(5) by removing the 
word ``Certification'' and inserting the word ``Declaration'' in its 
place.

PART 233--PROTESTS, DISPUTES, AND APPEALS

Subpart 233.70--[Removed]

    13. Subpart 233.70 is removed.

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    14. Section 252.216-7000 is amended by removing paragraph (c)(4) 
and by revising paragraph (e)(1) to read as follows:


252.216-7000  Economic Price Adjustment--Basic Steel, Aluminum, Brass, 
Bronze, or Copper Mill Products.

* * * * *
    (e) * * *
    (1) The Contractor may, after that time, deliver any items which 
were completed or in the process of manufacture at the time of receipt 
of the cancellation notice, provided the Contractor notifies the 
Contracting Officer of such items within 10 days after the Contractor 
receives the cancellation notice.
* * * * *


252.216-7001   [Amended]

    15. Section 252.216-7001 is amended in the introductory text of 
paragraph (f)(2) by removing the words ``and certifying''; and in the 
first sentence of paragraph (f)(4) by removing the word ``certified''.
    16. Section 252.217-7005 is amended by revising paragraph (e)(6) to 
read as follows:


252.217-7005   Inspection and Manner of Doing Work.

* * * * *
    (e) * * *
    (6) Furnish the Contracting Officer or designated representative 
with a copy of the ``gas-free'' or ``safe-for-hotwork'' certificate, 
provided by a Marine Chemist or Coast Guard authorized person in 
accordance with Occupational Safety and Health Administration 
regulations (29 CFR 1915.14) before any hot work is done on a tank;
* * * * *
    17. Section 252.219-7000 is amended by revising the introductory 
text of paragraph (c) to read as follows:


252.219-7000   Small Disadvantaged Business Concern Representation (DoD 
Contracts).

* * * * *
    (c) Complete the following--
* * * * *
    18. Section 252.225-7000 is amended by revising the section title, 
clause title and date, and paragraph (c) to read as follows:


252.225-7000   Buy American Act--Balance of Payments Program Provision.

* * * * *

Buy American Act--Balance of Payments Program Provision (Date)

* * * * *
    (c) Origin of end products.
    (1) Each end product, except those listed in paragraphs (c) (2) 
or (3) of this clause, is a domestic end product. Components of 
unknown origin are considered to have been mined, produced, or 
manufactured outside the United States or a qualifying country.
    (2) The following end products are qualifying country end 
products:

Qualifying Country End Products

----------------------------------------------------------------------
Line Item Number
----------------------------------------------------------------------
Country of Origin
    (3) The following end products are nonqualifying country end 
products:

Nonqualifying Country End Products

----------------------------------------------------------------------
Line Item Number

----------------------------------------------------------------------
Country of Origin (If known)
(End of provision)

    19. Section 252.225-7006 is amended by revising the section title, 
clause title and date, and paragraph (c) to read as follows:


252.225-7006   Buy American Act--Trade Agreements--Balance of Payments 
Program Provision.

* * * * *

[[Page 47104]]

Buy American Act--Trade Agreements--Balance of Payments Program 
Provision (Date)

* * * * *
    (c) Origin of end products.
    (1) Each end product, except the end products listed in 
paragraph (c)(2) of this provision, is a domestic end product (as 
defined in the Buy American Act and Balance of Payments Program 
clause of this solicitation). Components of unknown origin are 
considered to have been mined, produced, or manufactured outside the 
United States or a qualifying country.
    (2) The offeror must identify all end products that are not 
domestic end products.
    (i) The following supplies qualify as ``U.S. made end products'' 
but do not meet the definition of ``domestic end product'':

----------------------------------------------------------------------
(insert line item number)
    (ii) The following supplies are qualifying country end products:


----------------------------------------------------------------------
(insert line item number)

----------------------------------------------------------------------
(insert country of origin)
    (iii) The following supplies qualify as designated country end 
products:

----------------------------------------------------------------------
(insert line item number)

----------------------------------------------------------------------
(insert country of origin)

    (iv) The following supplies qualify as Caribbean Basin country 
end products:

----------------------------------------------------------------------
(insert line item number)

----------------------------------------------------------------------
(insert country of origin)

    (v) The following supplies qualify as NAFTA country end 
products:

----------------------------------------------------------------------
(insert line item number)

----------------------------------------------------------------------
(insert country of origin)

    (vi) The following supplies are other nondesignated country end 
products:

----------------------------------------------------------------------
(insert line item number)

----------------------------------------------------------------------
(insert country of origin)
(End of provision)

    20. Section 252.225-7007 is amended by revising the introductory 
text of paragraph (c), paragraph (c)(2), and paragraph (d) to read as 
follows:


Sec. 252.225-7007  Trade Agreements.

* * * * *
    (c) The Contractor agrees to deliver under this contract only 
U.S. made end products unless, in its offer, it specified delivery 
of qualifying country, designated country, NAFTA country, or 
nondesignated country end products in the Buy American Act--Trade 
Agreements--Balance of Payments Program Provision.
* * * * *
    (2) An offer proposing that a qualifying country end product, a 
designated country end product, a NAFTA country end product, or a 
Caribbean Basin country end product will be supplied requires the 
Contractor to supply a qualifying country end product, a designated 
country end product, a NAFTA country end product, or a Caribbean 
Basin country end product, whichever is proposed, or, at the 
Contractor's option, a U.S. made end product.
    (d) The offered price of end products listed under paragraphs 
(c)(2)(i) and (vi) of the Buy American Act--Trade Agreements--
Balance of Payments Program Provision of the solicitation must 
include all applicable duty. The offered price of qualifying country 
end products, designated country end products, NAFTA country end 
products, and Caribbean Basin country end products for line items 
subject to the Trade Agreements Act, or the North American Free 
Trade Agreement Implementation Act, should not include custom fees 
or duty.

(End of clause)

    21. Section 252.225-7009 is amended by revising paragraph (i)(10) 
to read as follows:


Sec. 252.225-7009  Duty-Free Entry--Qualifying Country End Products and 
Supplies.

* * * * *
    (i) * * *
    (10) An agreement by the Contractor that duty shall be paid by 
the Contractor to the extent that such supplies, or any portion (if 
not scrap or salvage), are diverted to nongovernmental use other 
than as a result of a competitive sale made, directed, or authorized 
by the Contracting Officer;
* * * * *
    22. Section 252.225-7010 is amended by revising paragraph (c)(10) 
to read as follows:


Sec. 252.225-7010  Duty-Free Entry--Additional Provisions.

* * * * *
    (c) * * *
    (10) An agreement by the Contractor that duty shall be paid by 
the Contractor to the extent that such supplies, or any portion (if 
not scrap or salvage), are diverted to nongovernmetnal use other 
than as a result of a competitive sale made, directed, or authorized 
by the Contracting Officer.
* * * * *
    23. Section 252.225-7018 is amended by revising paragraph (e) to 
read as follows:


252.225.7018  Notice of Prohibition of Certain Contracts with Foreign 
Entities for the Conduct of Ballistic Missile Defense RDT&E.

* * * * *
    (e) The offeror (____) is (____) is not a U.S. firm.

(End of provision)

    24. Section 252.225-7027 is amended by revising paragraphs (a) and 
(b) to read as follows:


252.225-7027  Limitation on Sales Commissions and Fees.

* * * * *
    (a) For firm-fixed-price contracts or fixed-price contracts with 
economic price adjustment, the contract price (including any 
subcontracts) shall not include any direct or indirect cost of sales 
commissions or fees for Contractor sales representatives for 
solicitation or promotion or otherwise to secure the conclusion of 
the sale of any of the supplies or services called for by this 
contract to the Government of ____________________.
    (b) For all other types of contracts, notwithstanding any other 
provision of this contract, any direct or indirect costs of sales 
commissions or fees for Contractor (or subcontractor) sales 
representatives for solicitation or promotion or otherwise to secure 
the conclusion of the sale of any of the supplies or services called 
for by this contract to the Government of ____________________ shall 
be an unallowable item of cost under this contract.

(End of clause)

    25. Section 252.225-7035 is amended by revising the section title, 
clause title and date, and paragraph (c) to read as follows:


252.225-7035  Buy American Act--North American Free Trade Agreement 
Implementation Act--Balance of Payments Program Provision.

* * * * *

Buy American Act--North American Free Trade Agreement Implementation 
Act--Balance of Payment Program Provision (Date)

* * * * *
    (c) Origin of end products.
    (1) Each end product, except the end products listed in 
paragraph (c)(2) of this provision, is a domestic end product (as 
defined in the Buy American Act and Balance of Payments Program 
clause of this solicitation). Components of unknown origin are 
considered to have been mined, produced, or manufactured outside the 
United States or a qualifying country.
    (2) The offeror must identify all end products that are not 
domestic end products.
    (i) The following supplies qualify as ``U.S. made end products'' 
but do not meet the definition of ``domestic end product'':

----------------------------------------------------------------------
(insert line item number)

    (ii) The following supplies are qualifying country (except 
Canada) end products:

----------------------------------------------------------------------
(insert line item number)

----------------------------------------------------------------------
(insert country of origin)

    (iii) The following supplies qualify as NAFTA country end 
products:

----------------------------------------------------------------------
(insert line item number)

----------------------------------------------------------------------
(insert country of origin)

    (iv) The following supplies are other non-NAFTA country end 
products:

----------------------------------------------------------------------

[[Page 47105]]

(insert line item number)

----------------------------------------------------------------------
(insert country of origin)

(End of provision)

    26. Section 252.225-7036 is amended by revising paragraphs (c) and 
(d); and in Alternate I by revising the date and paragraph (c) to read 
as follows:


252.225-7036  North American Free Trade Agreement Implementation Act.

* * * * *
    (c) The Contractor agrees to deliver under this contract only 
U.S. made end products unless, in its offer, it specified delivery 
of qualifying country, NAFTA country, or non-NAFTA country end 
products in the Buy American Act--North American Free Trade 
Agreement Implementation Act--Balance of Payments Program Provision. 
An offer proposing that a qualifying country end product or a NAFTA 
country end product will be supplied requires the Contractor to 
supply a qualifying country end product or a NAFTA country end 
product, whichever is proposed, or, at the Contractor's option, a 
U.S. made end product.
    (d) The offered price of end products listed under paragraphs 
(c)(2) (i) and (iv) of the Buy American Act--North American Free 
Trade Agreement Implementation Act--Balance of Payment Program 
Provision of the solicitation must include all applicable duty. The 
offered price of qualifying country end products or NAFTA country 
end products for line items subject to the North American Free Trade 
Agreement Implementation Act, should not include custom fees or 
duty.

(End of clause)

Alternate I (Date)

* * * * *
    (c) The Contractor agrees to deliver under this contract only 
U.S. made end products unless, in its offer, it specified delivery 
of qualifying country, NAFTA country, or non-NAFTA country end 
products in the Buy American Act--North American Free Trade 
Agreement Implementation Act--Balance of Payments Program Provision. 
An offer proposing that a qualifying country end product or a 
Canadian end product will be supplied requires the Contractor to 
supply a qualifying country end product or a Canadian end product, 
whichever is proposed, or, at the Contractor's option, a U.S. made 
end product.

    27. Section 252.225-7037 is amended by revising paragraph (i)(10) 
to read as follows:


252.225-7037  Duty-Free Entry--NAFTA Country End Products and Supplies.

* * * * *
    (i)  *  *  *
    (10) An agreement by the Contractor that duty shall be paid by 
the Contractor to the extent that such supplies, or any portion (if 
not scrap or salvage), are diverted to nongovernmental use other 
than as a result of a competitive sale made, directed, or authorized 
by the Contracting Officer; and
* * * * *
    28. Section 252.226-7001 is amended by revising the section title, 
clause title and date, and paragraph (b) to read as follows:


252.226-7001  Historically Black College or University and Minority 
Institution Status.

* * * * *

HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY INSTITUTION 
STATUS (DATE)

* * * * *
    (b) Status.
    If applicable, the offeror shall check the appropriate box 
below:

______ A historically black college or university
______ A minority institution

(End of provision)

    29. Section 252.227-7036 is revised to read as follows:


252.227-7036  Declaration of Technical Data Conformity.

    As prescribed at 227.7103-6(e)(3) or 227.7104(e)(5), use the 
following clause:

Declaration of Technical Data Conformity (Date)

    All technical data delivered under this contract shall be 
accompanied by the following written declaration: The Contractor, 
____________________, hereby declares that, to the best of its 
knowledge and belief, the technical data delivered herewith under 
Contract No. ____________ is complete, accurate, and complies with 
all requirements of the contract.
Date-------------------------------------------------------------------

Name and Title of Authorized Official----------------------------------

(End of clause)


252.233-7000  [Removed]

    30. Section 252.233-7000 is removed.
    31. Section 252.236-7003 is amended by revising paragraphs (c)(1) 
and (c)(2) and the introductory text of paragraph (c)(3) to read as 
follows:


252.236-7003  Payment for Mobilization and Preparatory Work.

* * * * *
    (c) * * *
    (1) An account of the Contractor's actual expenditures;
    (2) Supporting documentation, including receipted bills or 
copies of payrolls and freight bills; and
    (3) The Contractor's documentation--
* * * * *


252.236-7006  [Amended]

    32. Section 252.236-7006 is amended by removing paragraph (c) and 
redesignating paragraph (d) as paragraph (c).


252.239-7007  [Amended]

    33. Section 252.239-7007 is amended in paragraph (d)(1) by removing 
the word ``certified''.


252.247-7001  [Amended]

    34. Section 252.247-7001 is amended in paragraph (g) by removing 
the word ``certification'' and inserting the word ``statement'' in its 
place.

[FR Doc. 96-22618 Filed 9-5-96; 8:45 am]
BILLING CODE 5000-04-M