[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)]
[Rules and Regulations]
[Pages 233-255]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33206]
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DEPARTMENT OF DEFENSE
48 CFR Parts 1, 3, 4, 6, 8, 9, 12, 14, 16, 19, 23, 27, 29, 31, 32,
36, 37, 42, 45, 47, 49, 52, and 53
[FAC 90-45; FAR Case 96-312; Item II]
RIN 9000-AH23
Federal Acquisition Regulation; Certification Requirements
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
[[Page 234]]
Acquisition Regulations Council have agreed on a final rule to amend
the Federal Acquisition Regulation (FAR) to remove particular
certification requirements for contractors and offerors. This final
rule implements Section 4301(b) of Public Law 104-106. This regulatory
action was not subject to Office of Management and Budget review under
Executive Order 12866, dated September 30, 1993, and is not a major
rule under 5 U.S.C. 804.
EFFECTIVE DATE: January 1, 1997.
FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 in
reference to this FAR case. For general information, contact the FAR
Secretariat, Room 4037, GS Building, Washington, DC 20405, (202) 501-
4755. Please cite FAC 90-45, FAR case 96-312. E-mail correspondence
submitted over the Internet should be addressed to: [email protected]
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends FAR Parts 1, 3, 4, 6, 8, 9, 12, 14, 16, 19,
23, 27, 29, 31, 32, 36, 37, 42, 45, 47, 49, 52, and 53 to remove
particular certification requirements for contractors and offerors. The
rule implements Section 4301(b) of the Clinger-Cohen Act of 1996
(Public Law 104-106). Section 4301(b) required the Administrator,
Office of Federal Procurement Policy, to issue for public comment a
proposal to remove from the FAR those certification requirements for
contractors and offerors that are not specifically imposed by statute.
A proposed rule was published in the Federal Register on September 12,
1996 (61 FR 48354). Thirty comments were received from seven
respondents. All comments were considered in the development of the
final rule.
In response to the public comments, FAR 52.242-4, Certification of
Indirect Costs, was amended to reduce the scope of the certification
requirement and to remove the requirement to certify under penalty of
perjury. The requirement at FAR 32.304-8 to provide certificates also
was removed, and an editorial change was made at FAR 52.215-35 to
substitute the word ``offer'' for ``bid'' in paragraph (a).
The certification at 52.213-1, Fast Payment, is being retained for
several reasons: (a) One large industry trade organization, in its
public comments, acknowledged that this certification is useful and
potentially beneficial to industry; (b) The Government has higher
confidence in the accuracy of the request for payment, since it is
expected to receive a higher degree of scrutiny by the contractor
before it is certified and submitted; and (c) The payment office is
frequently separate and distinct from the contract administration
office, and the certification provides the paying office with
documentation that the items have been delivered independent of a
separate source inspection documentation.
Several certifications associated with Foreign Contracting had been
proposed for elimination. However, upon consideration of public
comments received in response to the proposed rule, these
certifications were retained, because the self-policing discipline of a
certification requirement is important to enforcing a national policy
grounded in vital economic and security interests. The Government
believes that elimination of these certification requirements would
have created a need for offerors to submit more detailed information
regarding the origin of offered products. Therefore, the certification
is viewed as a less burdensome alternative. The certification required
by 52.223-1, Clean Air and Water Certification, has been retained
because the Government has concluded that the certification is the
least burdensome and most effective way to avoid entering into a
contract with a Clean Air Act or Clean Water Act violator. In the near
future, we will be publishing for public comment a proposal to
substitute a more limited clean air and water certification and a Clean
Air and Water Act notification for commercial items. An associated
change is made in FAR case 93-310, Item VI of this FAC. The
certification required by 52.223-1, Clean Air and Water Certification,
was also revised and retained because the Government concluded that it
would be the least burdensome and most effective way to avoid entering
into a contract with a Clean Air Act or Clean Water Act Violator.
Interested parties are invited to submit comments on the retention of
these certification requirements. Please cite Holding File 96-708-01,
Regulatory Reform--Certifications, in correspondence. Comments should
be limited to the retention of the following certifications for
contractors and offerors which were proposed for elimination but have
been retained as a result of the analysis of public comments.
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Clause/
FAR cite provision No. Title
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22.810(a)(1)............................. 52.222-21 Certification of Nonsegregated Facilities.
23.105(a)................................ 52.223-1 Clean Air and Water Certification.
25.109(a)................................ 52.225-1 Buy American Certificate.
25.305................................... 52.225-6 Balance of Payments Program Certificate
52.225-7 Balance of Payments Program.
25.408(a)(1)............................. 52.225-8 Buy American Act--Trade Agreements--Balance of
Payments Program Certificate.
25.408(a)(2)............................. 52.225-9 Buy American Act--Trade Agreements--Balance of
Payments Program.
25.408(a)(3)............................. 52.225-20 Buy American Act--North American Free Trade Agreement
Implementation Act--Balance of Payments Program
Certificate (amended).
25.408(a)(4)............................. 52.225-21 Buy American Act--North American Free Trade Agreement
Implementation Act--Balance of Payments Program.
25.408(b)................................ .............. Solicitation provisions and contract clauses.
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B. Regulatory Flexibility Act
This final rule is expected to have a significant beneficial impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because it reduces
the number of certifications that offerors and contractors must provide
to the Government. A Final Regulatory Flexibility Analysis (FRFA) has
been prepared and will be provided to the Chief Counsel for Advocacy of
the Small Business Administration. A copy of the FRFA may be obtained
from the FAR Secretariat. The analysis is summarized as follows: The
objective and legal basis for this rule is Section 4301(b) of the
Clinger-Cohen Act of 1996 (Public Law 104-106). The rule implements
Section 4301(b) by amending the FAR to remove particular certification
requirements for contractors and offerors.
[[Page 235]]
There were no public comments received in response to the initial
regulatory flexibility analysis. Several changes were made in the final
rule as a result of public comments received in response to the
proposed rule. All of the certifications required by FAR Part 25 have
been retained. The certification required by FAR 52.223-1 was also
retained. The Certification of Final Indirect Costs at FAR 52.242-4 was
revised to remove the requirement to sign the certification under
penalty of perjury, and the requirement to provide certificates was
deleted from FAR 32.304-8.
The rule will apply to all bidders or offerors, and contractors,
large and small, whose direct economic interests would be affected by
the award or failure to award a Government contract. The number of
small entities to which the rule will apply is estimated to be between
35,000 and 45,000. This rule does not impose any additional reporting,
recordkeeping, or other compliance requirements.
This rule is expected to have a beneficial impact on small entities
by deleting existing certification requirements that are not required
by statute.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Public Law 96-511) is deemed to apply
because the final rule eliminates existing recordkeeping and
information collection requirements approved by the Office of
Management and Budget (OMB) under OMB Control Numbers 9000-0017, and
9000-0111. A paperwork burden of 67,375 hours is eliminated.
List of Subjects in 48 CFR Parts 1, 3, 4, 6, 8, 9, 12, 14, 16, 19,
23, 27, 29, 31, 32, 36, 37, 42, 45, 47, 49, 52, and 53
Government procurement.
Dated: December 24, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 1, 3, 4, 6, 8, 9, 12, 14, 16, 19, 23, 27,
29, 31, 32, 36, 37, 42, 45, 47, 49, 52, and 53 are amended as set forth
below:
1. The authority citation for 48 CFR Parts 1, 3, 4, 6, 8, 9, 12,
14, 16, 19, 23, 27, 29, 31, 32, 36, 37, 42, 45, 47, 49, 52, and 53
continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
2. Section 1.106 is amended in the table following the text by
removing the following entries along with their control numbers: 8.203-
2, 9.5, and 52.208-1.
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
3. Section 3.502-2(i)(1) is revised to read as follows:
3.502-2 Subcontractor kickbacks.
* * * * *
(i) * * *
(1) Have in place and follow reasonable procedures designed to
prevent and detect violations of the Act in its own operations and
direct business relationships (e.g., company ethics rules prohibiting
kickbacks by employees, agents, or subcontractors; education programs
for new employees and subcontractors, explaining policies about
kickbacks, related company procedures and the consequences of
detection; procurement procedures to minimize the opportunity for
kickbacks; audit procedures designed to detect kickbacks; periodic
surveys of subcontractors to elicit information about kickbacks;
procedures to report kickbacks to law enforcement officials; annual
declarations by employees of gifts or gratuities received from
subcontractors; annual employee declarations that they have violated no
company ethics rules; personnel practices that document unethical or
illegal behavior and make such information available to prospective
employers); and
* * * * *
PART 4--ADMINISTRATIVE MATTERS
4. Section 4.102 is amended by revising the last sentence of
paragraph (d) to read as follows:
4.102 Contractor's signature.
* * * * *
(d) Joint ventures. * * * When a corporation is participating, the
contracting officer shall verify that the corporation is authorized to
participate in the joint venture.
* * * * *
PART 6--COMPETITION REQUIREMENTS
6.302-3 [Amended]
5. Section 6.302-3 is amended in paragraph (b)(1)(vi) by inserting
``or'' at the end; in paragraph (b)(1)(vii) by removing ``; or'' and
inserting a period in its place; and by removing paragraph
(b)(1)(viii).
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
6. Section 8.002 is amended by removing paragraph (a),
redesignating paragraphs (b) through (f) as (a) through (e); and
revising newly redesignated paragraphs (a) and (d) to read as follows:
8.002 Use of other Government supply sources.
* * * * *
(a) Public utility services (see part 41);
* * * * *
(d) Strategic and critical materials (e.g., metals and ores) from
inventories exceeding Defense National Stockpile requirements (detailed
information is available from the Defense National Stockpile Center,
8725 John J. Kingman Rd., Suite 4528, Fort Belvoir, VA 22060-6223; and
* * * * *
Subpart 8.2 [Reserved]
7. Subpart 8.2 is removed and reserved.
PART 9--CONTRACTOR QUALIFICATIONS
9.505-4 [Amended]
8. Section 9.505-4(c) is amended by removing the last sentence.
9. Section 9.506 is amended in paragraph (a) by revising the first
sentence; in paragraph (d)(3) by replacing ``; and,'' with a period;
and by removing paragraph (d)(4). The revised text reads as follows:
9.506 Procedures.
(a) If information concerning prospective contractors is necessary
to identify and evaluate potential organizational conflicts of interest
or to develop recommended actions, contracting officers first should
seek the information from within the Government or from other readily
available sources. * * *
* * * * *
9.507-1 [Amended]
10. Section 9.507-1 is amended by removing the paragraph (a)
designation and removing paragraphs (b), (c), and (d).
PART 12--ACQUISITION OF COMMERCIAL ITEMS
11. Section 12.503 is amended by revising paragraphs (b)(1) and
(b)(4) to read as follows:
[[Page 236]]
12.503 Applicability of certain laws to Executive agency contracts for
the acquisition of commercial items.
* * * * *
(b) * * *
(1) 33 U.S.C. 1368, Requirement for a clause under the Federal
Water Pollution Control Act (see 23.105).
* * * * *
(4) 42 U.S.C. 7606, Requirements for a clause under the Clean Air
Act (see 23.105).
* * * * *
12.504 [Amended]
12. Section 12.504 is amended by removing paragraph (a)(16).
PART 14--SEALED BIDDING
14.405 [Amended]
13. Section 14.405(f) is amended by removing ``certifications'' and
inserting ``representations'' in its place.
PART 16--TYPES OF CONTRACTS
16.306 [Amended]
14. Section 16.306 is amended in the second sentence of paragraph
(d)(2) by removing ``certification'' and inserting ``statement'' in its
place.
PART 19--SMALL BUSINESS PROGRAMS
19.001 [Amended]
15. At section 19.001, the definition ``Small disadvantaged
business concern'' is amended in paragraph (b) by removing ``certify''
and inserting ``represent'' in its place.
16. Section 19.301 is amended by revising the first sentence of
paragraph (a) to read as follows:
19.301 Representation by the offeror.
(a) To be eligible for award as a small business, an offeror must
represent in good faith that it is a small business at the time of its
written representation. * * *
* * * * *
17. Section 19.303 is amended by revising the introductory text of
paragraph (c)(2); in paragraph (c)(2)(vi) by removing ``certifying''
and inserting ``acknowledging'' in its place; and by revising the
second sentence of paragraph (c)(3) to read as follows:
19.303 Determining product or service classifications.
* * * * *
(c) * * *
(2) The appeal shall be in writing and shall be addressed to the
Office of Hearings and Appeals, Small Business Administration,
Washington, DC 20416. No particular form is prescribed for the appeal.
However, time limits and procedures set forth in SBA's regulations at
13 CFR 121.11 are strictly enforced. The appellant shall submit an
original and one legible copy of the appeal. In the case of telegraphic
appeals, the telegraphic notice shall be confirmed by the next day
mailing of a written appeal, in duplicate. By signing the submission, a
party or its attorney attests that the statements and allegations in
the submission are true to the best of its knowledge, and that the
submission is not being filed for the purpose of delay or harassment.
The appeal shall include--
* * * * *
(3) * * * The contracting officer's response, if any, to the appeal
must include appropriate argument and evidence, and must be filed with
the Office of Hearings and Appeals no later than 5 business days after
receipt of the appeal. * * *
19.501 [Amended]
18. Section 19.501 is amended by removing paragraph (h).
19.508 [Amended]
19. Section 19.508 is amended by removing paragraph (f).
20. Section 19.703 is amended in paragraph (a)(2) by revising the
second and fourth sentences to read as follows:
19.703 Eligibility requirements for participating in the program.
(a) * * *
(2) * * * Individuals who represent that they are members of named
groups (Black Americans, Hispanic Americans, Native Americans, Asian-
Pacific Americans, Subcontinent-Asian Americans) may also represent
themselves as socially and economically disadvantaged. * * * Concerns
that are tribally owned entities or Native Hawaiian Organizations may
represent themselves as socially and economically disadvantaged if they
qualify under the requirements of 13 CFR 124.112 or 13 CFR 124.113,
respectively. * * *
* * * * *
PART 23--ENVIRONMENT, CONSERVATION, OCCUPATIONAL SAFETY, AND DRUG-
FREE WORKPLACE
23.102 [Amended]
21. Section 23.102 is amended in paragraph (d) by removing the
reference ``40 CFR part 15'' and inserting ``40 CFR part 32'' in its
place.
22. Section 23.302 is amended by revising paragraph (d)(1) to read
as follows:
23.302 Policy.
* * * * *
(d) * * *
(1) By the apparent successful offeror prior to contract award if
hazardous materials are expected to be used during contract
performance.
* * * * *
23. Section 23.601 is amended by revising paragraph (c) to read as
follows:
23.601 Requirements.
* * * * *
(c) The clause permits the contracting officer to waive the
notification if the contractor states that the notification on prior
deliveries is still current. The contracting officer may waive the
notice only after consultation with cognizant technical
representatives.
* * * * *
PART 27--PATENT, DATA, AND COPYRIGHTS
24. Section 27.303(e) is amended by revising the first sentence to
read as follows:
27.303 Contract clauses.
* * * * *
(e) For those agencies excepted under paragraph (a)(1)(i) of this
section, only small business firms or non-profit organizations qualify
for the clause at 52.227-11. * * *
* * * * *
25. Section 27.406 is amended by revising paragraph (c); in
paragraph (d)(1) and (d)(2), and twice in (d)(3) by removing ``(C)
certification'' and inserting ``(D) declaration''; and in paragraph
(d)(2) by removing ``certify'' and inserting ``declare'' in its place.
The revised text reads as follows:
27.406 Acquisition of data.
* * * * *
(c) Acceptance of data. As required by 41 U.S.C. 418a(d)(7),
acceptability of technical data delivered under a contract shall be in
accordance with the appropriate contract clause as required by subpart
46.3, and the clause at 52.227-21, Technical Data Declaration,
Revision, and Withholding of Payment--Major Systems, when it is
included in the contract. (See paragraph (d) of this section.)
* * * * *
27.409 [Amended]
26. Section 27.409 is amended in paragraph (q) by removing
``Certification'' and inserting ``Declaration'' in its place.
[[Page 237]]
PART 29--TAXES
29.302 [Amended]
27. Section 29.302 is amended in the second sentence of paragraph
(b) by revising the word ``Certificate'' to read ``Form''.
28. Section 29.305 is amended in paragraph (a)(3) by revising the
word ``Certificate'' to read ``Form''; and by revising paragraph (b)(3)
to read as follows:
29.305 State and local tax exemptions.
* * * * *
(b) * * *
(3) Under a contract or purchase order that contains no tax
provision, if--
(i) Requested by the contractor and approved by the contracting
officer or at the discretion of the contracting officer; and
(ii) Either the contract price does not include the tax or, if the
transaction or property is tax exempt, the contractor consents to a
reduction in the contract price.
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES
29. Section 31.110 is amended by revising the first sentence of
paragraph (a) to read as follows:
31.110 Indirect cost rate certification and penalties on unallowable
costs.
(a) Certain contracts require certification of the indirect cost
rates proposed for final payment purposes. * * *
* * * * *
31.205-22 Lobbying and political activity costs.
30. Section 31.205-22 is amended by removing paragraph (d) and
redesignating paragraphs (e) and (f) as (d) and (e), respectively; and
in the newly designated (d) by adding ``(see 42.703-2)'' after
``unallowable''.
PART 32--CONTRACT FINANCING
32.304-8 Amended]
31. Section 32.304-8 is amended in paragraph (b)(3) by revising the
word ``certificates'' to read ``documentation''.
32.805 [Amended]
32. Section 32.805 is amended in paragraph (a)(1)(iii) by removing
``certified'' and inserting ``true'' in its place.
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
33. Section 36.205 is amended by revising paragraph (b)(3) to read
as follows:
36.205 Statutory cost limitations.
* * * * *
(b) * * *
(3) That the price on each schedule shall include an approximate
apportionment of all estimated direct costs, allocable indirect costs,
and profit.
* * * * *
PART 37--SERVICE CONTRACTING
34. Section 37.402 is revised to read as follows:
37.402 Contracting officer responsibilities.
Contracting officers shall obtain evidence of insurability
concerning medical liability insurance from the apparent successful
offeror prior to contract award and shall obtain evidence of insurance
demonstrating the required coverage prior to commencement of
performance.
PART 42--CONTRACT ADMINISTRATION
42.302 [Amended]
35. Section 42.302 is amended in paragraph (a)(18) by revising the
word ``certificates'' to read ``forms''.
36. Section 42.703-2 is amended by revising paragraphs (a) and
(c)(1); in paragraph (c)(2)(ii) by removing the word ``potentially'';
in paragraph (d) by inserting the word ``final'' after ``of''; and by
revising paragraph (f) to read as follows:
42.703-2 Certificate of indirect costs.
(a) General. In accordance with 10 U.S.C. 2324(h) and 41 U.S.C.
256(h), a proposal shall not be accepted and no agreement shall be made
to establish final indirect cost rates unless the costs have been
certified by the contractor.
* * * * *
(c) * * *
(1) If the contractor has not certified its proposal for final
indirect cost rates and a waiver is not appropriate, the contracting
officer may unilaterally establish the rates.
* * * * *
(f) Contract clause. (1) Except as provided in paragraph (f)(2) of
this subsection, the clause at 52.242-4, Certification of Indirect
Costs, shall be incorporated into all solicitations and contracts which
provide for establishment of final indirect cost rates.
(2) The Department of Energy may provide an alternate clause in its
agency supplement for its Management and Operating contracts.
PART 45--GOVERNMENT PROPERTY
45.606-1 [Amended]
37. Section 45.606-1 is amended by removing the designation of
paragraph (a); and by removing paragraph (b).
45.606-5 [Amended]
38. Section 45.606-5 is amended in the parenthetical at the end of
paragraph (a)(2) by revising ``45.606-1(a).)'' to read ``45.606-1.)''
PART 47--TRANSPORTATION
39. Section 47.303-17 is amended by revising paragraph (d)(3)(ii)
to read as follows:
47.303-17 Contractor-prepaid commercial bills of lading, small package
shipments.
* * * * *
(d) * * *
(3) * * *
(ii) The contractor agrees to furnish evidence of payment when
requested by the Government.
* * * * *
47.305-11 [Amended]
40. Section 47.305-11 is amended by removing the designation of
paragraph (a) and adding the text to the end of the undesignated
introductory paragraph which precedes it; by removing paragraph (b);
and redesignating paragraphs (a)(1) through (3) as (a) through (c).
41. Section 47.403-3 is amended in paragraph (a) by removing
``certificate or''; and by revising paragraph (c) to read as follows:
47.403-3 Disallowance of expenditures.
* * * * *
(c) The justification requirement is satisfied by the contractor's
use of a statement similar to the one contained in the clause at
52.247-63, Preference for U.S.-Flag Air Carriers. (See 47.405.)
42. Section 47.404 is amended by revising paragraph (b)(2) to read
as follows:
47.404 Air freight forwarders.
* * * * *
(b) * * *
(2) justification for the use of foreign-flag air carriers similar
to the one shown in the clause at 52.247-63, Preference for U.S.-Flag
Air Carriers.
PART 49--TERMINATION OF CONTRACTS
43. Section 49.108-3 is amended by revising paragraph (b) to read
as follows:
49.108-3 Settlement procedure.
* * * * *
(b) Except as provided in 49.108-4, the TCO shall require that--
[[Page 238]]
(1) All subcontractor termination inventory be disposed of and
accounted for in accordance with part 45; and
(2) The prime contractor submit, for approval or ratification, all
termination settlements with subcontractors.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.208-1 and 52.208-2 [Removed and Reserved]
44. Sections 52.208-1 and 52.208-2 are removed and reserved.
45. Section 52.209-3 is amended in Alternate I by revising the date
and paragraph (i) to read as follows:
52.209-3 First Article Approval--Contractor Testing.
* * * * *
Alternate I (JAN 1997). * * *
(i) The Contractor shall produce both the first article and the
production quantity at the same facility.
* * * * *
46. Section 52.209-4 is amended by revising the date and paragraph
(j) of Alternate I to read as follows:
52.209-4 First Article Approval--Government Testing.
* * * * *
Alternate I (JAN 1997). * * *
(j) The Contractor shall produce both the first article and the
production quantity at the same facility.
* * * * *
52.209-7 and 52.209-8 [Removed]
47. Sections 52.209-7 and 52.209-8 are removed.
48. Section 52.212-3 is amended by revising the provision date,
paragraph (c)(2), the introductory text of (c)(6), and the last
sentence of the introductory text of (c)(6)(ii) to read as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
OFFEROR REPRESENTATIONS AND CERTIFICATIONS--COMMERCIAL ITEMS (JAN 1997)
* * * * *
(c) * * *
(2) Small disadvantaged business concern. The offeror represents
that it {time} is, {time} is not a small disadvantaged business
concern.
* * * * *
(6) Small Business Size for the Small Business Competitiveness
Demonstration Program and for the Targeted Industry Categories under
the Small Business Competitiveness Demonstration Program. [Complete
only if the offeror has represented itself to be a small business
concern under the size standards for this solicitation.]
* * * * *
(ii) * * * Offeror represents as follows:
* * * * *
49. Section 52.214-30 is revised to read as follows:
52.214-30 Annual Representations and Certifications--Sealed Bidding.
As prescribed in 14.201-6(u), insert the following provision:
ANNUAL REPRESENTATIONS AND CERTIFICATIONS--SEALED BIDDING (JAN 1997)
The bidder has (check the appropriate block):
{time} (a) Submitted to the contracting office issuing this
solicitation, annual representations and certifications dated
____________ [insert date of signature on submission], which are
incorporated herein by reference, and are current, accurate, and
complete as of the date of this bid, except as follows [insert
changes that affect only this solicitation; if ``none,'' so state]:
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{time} (b) Enclosed its annual representations and
certifications.
(End of provision)
50. Section 52.215-35 is revised to read as follows:
52.215-35 Annual Representations and Certifications--Negotiation.
As prescribed in 15.407(i), insert the following provision:
ANNUAL REPRESENTATIONS AND CERTIFICATIONS--NEGOTIATION (JAN 1997)
The offeror has (check the appropriate block):
{time} (a) Submitted to the contracting office issuing this
solicitation, annual representations and certifications dated
____________ [insert date of signature on submission] which are
incorporated herein by reference and are current, accurate, and
complete as of the date of this offer, except as follows [insert
changes that affect only this solicitation; if ``none,'' so state]:
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{time} (b) Enclosed its annual representations and
certifications.
(End of provision)
52.216-2 [Amended]
51. Section 52.216-2 is amended by revising the clause date to read
``(JAN 1997)''; and in paragraph (b) by removing the last sentence.
52.216-3 [Amended]
52. Section 52.216-3 is amended by revising the clause date to read
``(JAN 1997)''; and in paragraph (b) by removing the last sentence.
52.216-4 [Amended]
53. Section 52.216-4 is amended by revising the clause date to read
``(JAN 1997)''; and by removing paragraph (d) and redesignating
paragraph (e) as (d).
52.219-1 [Amended]
54. Section 52.219-1 is amended by revising the provision date to
read ``(JAN 1997)''; and in paragraph (b)(1) by removing ``and
certifies''.
52.219-15 [Removed and Reserved]
55. Section 52.219-15 is removed and reserved,
52.219-18 [Amended]
56. Section 52.219-18 is amended by revising the clause date to
read ``(JAN 1997)''; and in paragraph (b) by removing ``certifies'' and
inserting ``represents'' in its place.
57. Section 52.219-19 is amended by revising the date and paragraph
(b) of the provision to read as follows:
52.219-19 Small Business Concern Representation for the Small Business
Competitiveness Demonstration Program.
* * * * *
SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS
COMPETITIVENESS DEMONSTRATION PROGRAM (JAN 1997)
* * * * *
(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 {time} is, {time} is not an emerging small
business.
* * * * *
52.219-21 [Amended]
58. Section 52.219-21 is amended by revising the clause date to
read (JAN 1997); in the parenthetical following the provision heading
by removing ``certified'' and inserting ``represented'' in its place;
and in the first paragraph of the provision by removing ``and
certifies''.
59. Section 52.223-3 is amended by revising the clause date and
paragraphs (c) and (e) to read as follows:
52.223-3 Hazardous Material Identification and Material Safety Data.
* * * * *
HAZARDOUS MATERIAL IDENTIFICATION AND MATERIAL SAFETY DATA (JAN 1997)
* * * * *
(c) This list must be updated during performance of the contract
whenever the Contractor determines that any other material to be
delivered under this contract is hazardous.
* * * * *
(e) If, after award, there is a change in the composition of the
item(s) or a revision to Federal Standard No. 313, which renders
incomplete or inaccurate the data submitted under paragraph (d) of
this clause, the Contractor shall promptly notify the Contracting
Officer and resubmit the data.
* * * * *
[[Page 239]]
60. Section 52.223-7 is amended by revising the clause date and
paragraph (b)(2) to read as follows:
52.223-7 Notice of Radioactive Materials.
* * * * *
NOTICE OF RADIOACTIVE MATERIALS (JAN 1997)
* * * * *
(b) * * *
(2) State that the quantity of activity, characteristics, and
composition of the radioactive material have not changed; and
* * * * *
52.227-12 [Amended]
61. Section 52.227-12 is amended by revising the clause date to
read ``(JAN 1997)''; and in paragraph (f)(7) by removing ``certifying''
wherever it appears and inserting ``stating'' in its place.
52.227-13 [Amended]
62. Section 52.227-13 is amended by revising the clause date to
read ``(JAN 1997)''; and in paragraph (e)(3) by removing ``certifying''
wherever it appears and inserting ``stating'' in its place.
63. Section 52.227-21 is amended by revising the section and clause
headings, the clause date, paragraph (b)(1), the first sentence of
(b)(2), and (d)(1)(ii) to read as follows:
52.227-21 Technical Data Declaration, Revision, and Withholding of
Payment--Major Systems.
* * * * *
TECHNICAL DATA DECLARATION, REVISION, AND WITHHOLDING OF PAYMENT--MAJOR
SYSTEMS (JAN 1997)
* * * * *
(b) Technical data declaration. (1) All technical data that are
subject to this clause shall be accompanied by the following
declaration upon delivery:
TECHNICAL DATA DECLARATION (JAN 1997)
The Contractor, ____________, hereby declares that, to the best
of its knowledge and belief, the technical data delivered herewith
under Government contract No. ______ (and subcontract ____________,
if appropriate) are complete, accurate, and comply with the
requirements of the contract concerning such technical data.
(End of declaration)
(2) The Government shall rely on the declarations set out in
paragraph (b)(1) of this clause in accepting delivery of the
technical data, and in consideration thereof may, at any time during
the period covered by this clause, request correction of any
deficiencies which are not in compliance with contract requirements.
* * *
* * * * *
(d) * * *
(1) * * *
(ii) Provide the declaration required by paragraph (b)(1) of
this clause;
* * * * *
(End of clause)
64. Section 52.228-5 is amended by revising the clause date and the
first sentence of paragraph (b) to read as follows:
52.228-5 Insurance--Work on a Government Installation.
* * * * *
INSURANCE--WORK ON A GOVERNMENT INSTALLATION (JAN 1997)
* * * * *
(b) Before commencing work under this contract, the Contractor
shall notify the Contracting Officer in writing that the required
insurance has been obtained. * * *
* * * * *
65. Section 52.228-8 is amended by revising the clause date and the
first sentence of paragraph (d) to read as follows:
52.228-8 Liability and Insurance--Leased Motor Vehicles.
* * * * *
LIABILITY AND INSURANCE--LEASED MOTOR VEHICLES (JAN 1997)
* * * * *
(d) Before commencing work under this contract, the Contractor
shall notify the Contracting Officer in writing that the required
insurance has been obtained.
* * * * *
66. Section 52.228-9 is amended by revising the clause date, the
second sentence of paragraph (b), and paragraph (c)(2) to read as
follows:
52.228-9 Cargo Insurance.
* * * * *
CARGO INSURANCE (JAN 1997)
(a) * * *
(b) * * * As evidence of insurance maintained, an authenticated
copy of the cargo liability insurance policy or policies shall be
furnished to ________ [insert name of contracting agency]. * * *
(c) * * *
(2) An authenticated copy of any renewal policy to ______
[insert name of contracting agency] not less than 15 days prior to
the expiration of any current policy on file with ________ [insert
name of contracting agency].
(End of clause)
67. Section 52.237-7 is amended by revising the clause date and the
first sentence of paragraph (d) to read as follows:
52.237-7 Indemnification and Medical Liability Insurance.
* * * * *
INDEMNIFICATION AND MEDICAL LIABILITY INSURANCE (JAN 1997)
* * * * *
(d) Evidence of insurance documenting the required coverage for
each health care provider who will perform under this contract shall
be provided to the Contracting Officer prior to the commencement of
services under this contract. * * *
* * * * *
68. Section 52.242-4 is amended by revising the section heading,
clause title and date; paragraphs (a)(1), (b), and (c); and the
Certificate following paragraph (c). The revised text reads as follows:
52.242-4 Certification of Final Indirect Costs.
* * * * *
CERTIFICATION OF FINAL INDIRECT COSTS (JAN 1997)
(a) * * *
(1) Certify any proposal to establish or modify final indirect
cost rates;
* * * * *
(b) Failure by the Contractor to submit a signed certificate, as
described in this clause, may result in final indirect costs at
rates unilaterally established by the Contracting Officer.
(c) The certificate of final indirect costs shall read as
follows:
CERTIFICATE OF FINAL INDIRECT COSTS
This is to certify that I have reviewed this proposal to
establish final indirect cost rates and to the best of my knowledge
and belief:
1. All costs included in this proposal (identify proposal and
date) to establish final indirect cost rates for (identify period
covered by rate) are allowable in accordance with the cost
principles of the Federal Acquisition Regulation (FAR) and its
supplements applicable to the contracts to which the final indirect
cost rates will apply; and
2. This proposal does not include any costs which are expressly
unallowable under applicable cost principles of the FAR or its
supplements.
Firm:------------------------------------------------------------------
Signature:-------------------------------------------------------------
Name of Certifying Official:-------------------------------------------
Title:-----------------------------------------------------------------
Date of Execution:-----------------------------------------------------
(End of clause)
69. Section 52.245-8 is amended by revising the introductory text,
the clause date, and the fourth and fifth sentences of paragraph (f) to
read as follows:
52.245-8 Liability for the Facilities.
As prescribed in 45.302-6(b), insert the following clause:
LIABILITY FOR THE FACILITIES (JAN 1997)
* * * * *
(f) * * * Documentation of insurance or an authenticated copy of
such insurance shall be deposited promptly with the Contracting
Officer. The Contractor shall, not less than 30 days before the
expiration of such insurance, deliver to the Contracting Officer
documentation of insurance or an authenticated copy of each renewal
policy. * * *
* * * * *
(End of clause)
[[Page 240]]
70. Section 52.247-2 is amended by revising the introductory
paragraph, the clause date and paragraph (a) to read as follows:
52.247-2 Permits, Authorities, or Franchises.
As prescribed in 47.207-1(a), insert the following clause:
PERMITS, AUTHORITIES, OR FRANCHISES (JAN 1997)
(a) The offeror does {time} , does not {time} , hold
authorization from the Federal Highway Administration (FHWA) or
other cognizant regulatory body. If authorization is held, it is as
follows:
-----------------------------------------------------------------------
(Name of regulatory body)
-----------------------------------------------------------------------
(Authorization No.)
* * * * *
[End of clause]
52.247-54 [Removed and Reserved]
71. Section 52.247-54 is removed and reserved.
72. Section 52.247-63 is amended by revising the clause date and
the definition ``U.S.-flag air carrier''; in paragraph (b) by removing
``49 U.S.C. 1517'' and inserting ``49 U.S.C. 40118''; and by revising
paragraph (d) to read as follows:
52.247-63 Preference for U.S.-Flag Air Carriers.
* * * * *
PREFERENCE FOR U.S.-FLAG AIR CARRIERS (JAN 1997)
* * * * *
(a) * * *
U.S.-flag air carrier, as used in this clause, means an air
carrier holding a certificate under 49 U.S.C. Chapter 411.
* * * * *
(d) In the event that the Contractor selects a carrier other
than a U.S.-flag air carrier for international air transportation,
the Contractor shall include a statement on vouchers involving such
transportation essentially as follows:
STATEMENT OF UNAVAILABILITY OF U.S.-FLAG AIR CARRIERS
International air transportation of persons (and their personal
effects) or property by U.S.-flag air carrier was not available or
it was necessary to use foreign-flag air carrier service for the
following reasons (see section 47.403 of the Federal Acquisition
Regulation): [State reasons]: ________________
(End of statement)
* * * * *
PART 53--FORMS
73. Section 53.214(e) is amended by revising the paragraph heading
to read as follows:
53.214 Sealed bidding.
* * * * *
(e) SF 129 (REV. 12/96), Solicitation Mailing List Application. * *
*
* * * * *
74. Section 53.215-1(f) is amended by revising the paragraph
heading to read as follows:
53.215-1 Solicitation and receipt of proposals and quotations.
* * * * *
(f) SF 129 (REV. 12/96), Solicitation Mailing List Application. * *
*
* * * * *
75. Section 53.222(g) is amended by revising the paragraph heading
to read as follows:
53.222 Application of labor laws to Government acquisitions (SF's 99,
308, 1093, 1413, 1444, 1445, 1446, WH-347).
* * * * *
(g) SF 1445 (REV. 12/96), Labor Standards Interview. * * *
* * * * *
76. Section 53.229 is amended by revising the paragraph heading to
read as follows:
53.229 Taxes (SF's 1094, 1094-A).
SF 1094 (REV. 12/96, U.S. Tax Exemption Form, and SF 1094-A (REV
12/96), Tax Exemption Forms Accountability Record. * * *
77. Section 53.245 is amended in paragraphs (c), (f), (g), (h),
(i), and (j) by revising the paragraph headings to read as follows:
53.245 Government property.
* * * * *
(c) SF 1423 (REV. 12/96), Inventory Verification Survey.
* * * * *
(f) SF 1426 (REV. 12/96), Inventory Schedule A (Metals in Mill
Product Form), and SF 1427 (REV. 7/89), Inventory Schedule A--
Continuation Sheet (Metals in Mill Product Form). * * *
(g) SF 1428 (REV. 12/96), Inventory Schedule B, and SF 1429 (REV.
7/89), Inventory Schedule B--Continuation Sheet. * * *
(h) SF 1430 (REV. 12/96), Inventory Schedule C (Work-in-Process)
and SF 1431 (REV. 7/89), Inventory Schedule C--Continuation Sheet
(Work-in-Process). * * *
(i) SF 1432 (REV. 12/96), Inventory Schedule D (Special Tooling and
Special Test Equipment), and SF 1433 (REV. 7/89), Inventory Schedule
D--Continuation Sheet (Special Tooling and Special Test Equipment). * *
*
(j) SF 1434 (REV. 12/96), Termination Inventory Schedule E (Short
Form for Use with SF 38 Only). * * *
53.301-129 [Revised]
78. Section 53.301-129 is revised to read as follows:
53.301-129 SF 129, Solicitation Mailing List Application.
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53.301-1094 [Revised]
79. Section 53.301-1094 is revised to read as follows:
53.301-1094 SF 1094, U.S. Tax Exemption Form.
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53.301-1094A [Revised]
80. Section 53.301-1094A is revised to read as follows:
Sec. 53.301-1094A SF 1094A, Tax Exemption Forms Accountability Record.
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53.301-1423 [Revised]
81. Section 53.301-1423 is revised to read as follows:
53.301-1423 SF 1423, Inventory Verification Survey.
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53.301-1426 [Revised]
82. Section 53.301-1426 is revised to read as follows:
53.301-1426 SF 1426, Inventory Schedule A (Metals in Mill Product
Form).
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53.301-1428 [Revised]
83. Section 53.301-1428 is revised to read as follows:
53.301-1428 SF 1428, Inventory Schedule B.
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53.301-1430 [Revised]
84. Section 53.301-1430 is revised to read as follows:
53.301-1430 SF 1430, Inventory Schedule C (Work-in-Process).
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53.301-1432 [Revised]
85. Section 53.301-1432 is revised to read as follows:
53.301-1432 SF 1432, Inventory Schedule D (Special Tooling and Special
Test Equipment).
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53.301-1434 [Revised]
86. Section 53.301-1434 is revised to read as follows:
53.301-1434 SF 1434, Termination Inventory
Schedule E (Short Form For Use With SF 1438 Only).
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53.301-1445 [Revised]
87. Section 53.301-1445 is revised to read as follows:
53.301-1445 SF 1445, Labor Standards Interview.
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[FR Doc. 96-33206 Filed 12-31-96; 8:45 am]
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