[Federal Register Volume 67, Number 17 (Friday, January 25, 2002)]
[Proposed Rules]
[Pages 3669-3673]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-1915]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1813 and 1852

RIN 2700-AC33


Non-Commercial Representations and Certifications andEvaluation 
Provisions for Use in Simplified Acquisitions

AGENCY: National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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

SUMMARY: This proposed change to the NFS will establish a consolidated 
set of representations and certifications and an evaluation provision 
for the acquisition of non-commercial items within the simplified 
acquisition threshold.

DATES: Comments should be submitted on or before March 26, 2002.

ADDRESSES: Interested parties should submit written comments to Celeste 
Dalton, NASA Headquarters, Office of Procurement, Contract Management 
Division (Code HK),Washington, DC 20546. Comments may also be submitted 
by e-mail to: [email protected].

FOR FURTHER INFORMATION CONTACT: Celeste Dalton, Code HK, (202) 358-
1645, e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

A. Background

    Currently for commercial acquisition, FAR provision 52.212-3, 
Offeror Representations and Certifications--CommercialItems, provides a 
consolidated set of representations and certifications. No equivalent 
provision exists for non commercial items. NASA proposes to establish 
an equivalent provision for use with NASA's non-commercial acquisitions 
within the simplified acquisition threshold (SAT). This new 
consolidated provision will ensure that all appropriate representations 
and certifications are consistently used and will simplify the 
incorporation of representation and certification into solicitations. 
Additionally, this rule proposes to establish an evaluation provision 
to be used in non-commercial acquisitions within the SAT when selection 
is based on other than technically acceptable low offer. This 
evaluation provision will provide a consistent notice to offerors of 
how evaluations will be conducted.

B. Regulatory Flexibility Act

    NASA certifies that this proposed rule will not have a significant 
economic impact on a substantial number of small business entities 
within the meaning of the Regulatory Flexibility Act (5 U.S.C. 601, et 
seq.), because this proposed rule merely consolidates within one 
provision existing FAR representations and certifications for use in 
non-commercial simplified acquisitions.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the NFS do not impose any new recordkeeping or information 
collection requirements, or collection of information from offerors, 
contractors, or members of the public that 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 1813 and 1852

    Government Procurement.

Tom Luedtke,
Associate Administrator for Procurement.

    Accordingly, 48 CFR Parts 1813 and 1852 are proposed to be amended 
as follows:
    1. The authority citation for 48 CFR Parts 1813 and 1852 continues 
to read as follows:

    Authority: 42 U.S.C. 2473(c)(1).

PART 1813--SIMPLIFIED ACQUISITION PROCEDURES

    2. Add section 1813.302-570 to read as follows:


Sec. 1813.302-570  NASA solicitation provisions.

    (a)(1) The contracting officer may use the provision at 1852.213-
70, Offeror Representations and Certifications--Other Than Commercial 
Items, in simplified acquisitions exceeding the micropurchase threshold 
that are for other than commercial items.This provision must not be 
used for acquisitions conducted under FAR 13.5.
    (2) This provision provides a single, consolidated list of 
certifications and representations for the acquisition of

[[Page 3670]]

other than commercial items using simplified acquisition procedures and 
is attached to the solicitation for offerors to complete and return 
with their offer. Use the provision with itsAlternate I in 
solicitations for acquisitions that are for, or specify the use of 
recovered materials (see FAR 23.4). Use the provision with its 
AlternateII in solicitations for the acquisition of research, studies, 
supplies, or services of the type normally acquired from higher 
education institutions (see FAR 26.3). Use the provision with its 
Alternate III in solicitations which include the clause at FAR 52.227-
14, Rights in Data--General (see FAR 27.404(d)(2) and 1827.404(d)).
    (b) The contracting officer may insert a provision substantially 
the same as the provision at 1852.213-71, Evaluation--Other than 
Commercial Items, in solicitations using simplified acquisition 
procedures for other than commercial items when evaluation factors are 
to be included for evaluation and the selection will be based upon best 
value, rather than technically acceptable, low price (see FAR 13.106).

PART 1852--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Add sections 1852.213-70 and 1852.213-71 to read as follows:


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

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

OFFEROR REPRESENTATIONS AND CERTIFICATIONS--OTHER THAN COMMERCIAL ITEMS

(XX/XX)

    (a) Definitions. As used in this provision:
    ``Emerging small business'' means a small business concern whose 
size is no greater than 50 percent of the numerical size standard 
for the NAICS code designated.
    ``Forced or indentured child labor'' means all work or service--
    (1) Exacted from any person under the age of 18 under the menace 
of any penalty for its nonperformance and for which the worker does 
not offer himself voluntarily; or
    (2) Performed by any person under the age of 18 pursuant to a 
contract the enforcement of which can be accomplished by process or 
penalties.
    ``Service-disabled veteran-owned small business concern''--(1) 
Means a small business concern--
    (i) Not less than 51 percent of which is owned by one or more 
service-disabled veterans or, in the case of any publicly owned 
business, not less than 51 percent of the stock of which is owned by 
one or more service-disabled veterans; and
    (ii) The management and daily business operations of which are 
controlled by one or more service-disabled veterans or, in the case 
of a veteran with permanent and severe disability, the spouse or 
permanent caregiver of such veteran.
    (2) Service-disabled veteran means a veteran, as defined in 38 
U.S.C. 101(2), with a disability that is service-connected, as 
defined in 38 U.S.C.101(16).
    ``Small business concern'' means a concern, including its 
affiliates, that is independently owned and operated, not dominant 
in the field of operation in which it is bidding on Government 
contracts, and qualified as a small business under the criteria in 
13 CFR Part 121 and size standards in this solicitation.
    ``Veteran-owned small business concern'' means a small business 
concern--
    (1) Not less than 51 percent of which is owned by one or more 
veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any 
publicly owned business, not less than 51 percent of the stock of 
which is owned by one or more veterans; and
    (2) The management and daily business operations of which are 
controlled by one or more veterans.
    ``Women-owned business concern'' means a concern which is at 
least 51 percent owned by one or more women; or in the case of any 
publicly owned business, at least 51 percent of its stock is owned 
by one or more women; and whose management and daily business 
operations are controlled by one or more women.
    ``Women-owned small business concern'' means a small business 
concern--
    (1) Which is at least 51 percent owned by one or more women or, 
in the case of any publicly owned business, at least 51 percent of 
the stock of which is owned by one or more women; and
    (2) Whose management and daily business operations are 
controlled by one or more women.
    (b) Taxpayer Identification Number (TIN) (26 U.S.C. 6109, 31 
U.S.C. 7701).
    (1) All offerors must submit the information required in 
paragraphs (b)(3) through (b)(5) of this provision to comply with 
debt collection requirements of 31 U.S.C. 7701(c) and 3325(d), 
reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and 
implementing regulations issued by the Internal Revenue Service 
(IRS).
    (2) The TIN may be used by the Government to collect and report 
on any delinquent amounts arising out of the offeror's relationships 
with the Government (31 U.S.C. 7701(c)(3)). If the resulting 
contract is subject to the payment reporting requirements described 
in FAR 4.904, the TIN provided hereunder may be matched with IRS 
records to verify the accuracy of the offeror's TIN.
    (3) Taxpayer Identification Number (TIN).
    [    ] TIN: ______.
    [    ] TIN has been applied for.
    [    ] TIN is not required because:
    [    ] Offeror is a nonresident alien, foreign corporation, or 
foreign partnership that does not have income effectively connected 
with the conduct of a trade or business in the United States and 
does not have an office or place of business or a fiscal paying 
agent in the United States;
    [    ] Offeror is an agency or instrumentality of a foreign 
government;
    [    ] Offeror is an agency or instrumentality of the Federal 
Government.
    (4) Type of organization.
    [    ] Sole proprietorship;
    [    ] Partnership;
    [    ] Corporate entity (not tax-exempt);
    [    ] Corporate entity (tax-exempt);
    [    ] Government entity (Federal, State, or local);
    [    ] Foreign government;
    [    ] International organization per 26 CFR 1.6049-4;
    [    ] Other ______.
    (5) Common parent.
    [    ] Offeror is not owned or controlled by a common parent;
    [    ] Name and TIN of common parent:
    Name ______.
    [    ] TIN ______.
    (c) Offerors must complete the following representations when 
the resulting contract is to be performed inside the United States, 
its territories or possessions, Puerto Rico, the Trust Territory of 
the Pacific Islands, or the District of Columbia. Check all that 
apply.
    (1) Small business concern. The offeror represents as part of 
its offer that it [    ] is, [    ] is not a small business concern.
    (2) Veteran-owned small business concern. [Complete only if the 
offeror represented itself as a small business concern in paragraph 
(c)(1) of this provision.] The offeror represents as part of its 
offer that it [    ] is, [    ] is not a veteran-owned small 
business concern.
    (3) Service-disabled veteran-owned small business concern. 
[Complete only if the offeror represented itself as a veteran-owned 
small business concern in paragraph (c)(2) of this provision.] The 
offeror represents as part of its offer that it [    ] is, [    ] is 
not a service-disabled veteran-owned small business concern.
    (4) Small disadvantaged business concern. [Complete only if the 
offeror represented itself as a small business concern in paragraph 
(c)(1) of this provision.] The offeror represents, for general 
statistical purposes, that it [    ] is, [    ] is not a small 
disadvantaged business concern as defined in 13 CFR 124.1002.
    (5) Women-owned small business concern. [Complete only if the 
offeror represented itself as a small business concern in paragraph 
(c)(1) of this provision.] The offeror represents that it [    ] is, 
[    ] is not a women-owned small business concern.
    (6) Small Business Size for the Small Business Competitiveness 
Demonstration Program and for the Targeted Industry Categories under 
the Small Business Competitiveness Demonstration Program. [Complete 
only if the offeror has represented itself to be a small business 
concern under the size standards for this solicitation.]
    (i) [Complete only for solicitations indicated in an addendum as 
being set-aside for emerging small businesses in one of the four 
designated industry groups (DIGs).] The offeror represents as part 
of its offer that it [    ] is, [    ] is not an emerging small 
business.

[[Page 3671]]

    (ii) [Complete only for solicitations indicated in an addendum 
as being for one of the targeted industry categories (TICs) or four 
designated industry groups (DIGs).] Offeror represents as follows:
    (A) Offeror's number of employees for the past 12 months (check 
the Employees column if size standard stated in the solicitation is 
expressed in terms of number of employees); or
    (B) Offeror's average annual gross revenue for the last 3 fiscal 
years (check the Average Annual Gross Number of Revenues column if 
size standard stated in the solicitation is expressed in terms of 
annual receipts).
    (Check one of the following):

------------------------------------------------------------------------
       Number of  employees            Average annual gross revenues
------------------------------------------------------------------------
__ 50 or fewer...................  __ $1 million or less.
__ 51-100........................  __ $1,000,001-$2 million.
__ 101-250.......................  __ $2,000,001-$3.5 million.
__ 251-500.......................  __ $3,500,001-$5 million.
__ 501-750.......................  __ $5,000,001-$10 million.
__ 751-1000......................  __ $10,000,001-$17 million.
__ Over 1000.....................  __ Over $17 million.
------------------------------------------------------------------------

    (7) HUBZone small business concern. [Complete only if the 
offeror represented itself as a small business concern in paragraph 
(c)(1) of this provision.] The offeror represents as part of its 
offer that--
    (i) It [    ] is, [    ] is not a HUBZone small business concern 
listed, on the date of this representation, on the List of Qualified 
HUBZone Small Business Concerns maintained by the Small Business 
Administration, and no material change in ownership and control, 
principal place of ownership, or HUBZone employee percentage has 
occurred since it was certified by the Small Business Administration 
in accordance with 13 CFR Part 126; and
    (ii) It [    ] is, [    ] is not a joint venture that complies 
with the requirements of 13 CFR Part 126, and the representation in 
paragraph (c)(11)(i) of this provision is accurate for the HUBZone 
small business concern or concerns that are participating in the 
joint venture. [The offeror shall enter the name or names of the 
HUBZone small business concern or concerns that are participating in 
the joint venture: ____________.] Each HUBZone small business 
concern participating in the joint venture shall submit a separate 
signed copy of the HUBZone representation.
    (8) (Complete if dollar value of the resultant contract is 
expected to exceed $25,000 and the offeror has represented itself as 
disadvantaged in paragraph (c)(4) of this provision.) [The offeror 
shall check the category in which its ownership falls]:
    __ Black American.
    __ Hispanic American.
    __ Native American (American Indians, Eskimos, Aleuts, or Native 
Hawaiians).
    __ Asian-Pacific American (persons with origins from Burma, 
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, 
Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, 
U.S. Trust Territory of the Pacific Islands (Republic of Palau), 
Republic of the Marshall Islands, Federated States of Micronesia, 
the Commonwealth of the Northern Mariana Islands, Guam, Samoa, 
Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).
    __ Subcontinent Asian (Asian-Indian) American (persons with 
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the 
Maldives Islands, or Nepal).
    __ Individual/concern, other than one of the preceding.
    (d) Representations required to implement provisions of 
Executive Order 11246--
    (1) Previous contracts and compliance. The offeror represents 
that--
    (i) It [    ] has, [    ] has not participated in a previous 
contract or subcontract subject to the Equal Opportunity clause of 
this solicitation; and
    (ii) It [    ] has, [    ] has not filed all required compliance 
reports.
    (2) Affirmative Action Compliance. The offeror represents that--
    (i) It [    ] has developed and has on file, [    ] has not 
developed and does not have on file, at each establishment, 
affirmative action programs required by rules and regulations of the 
Secretary of Labor (41 CFR Parts 60-1 and 60-2), or
    (ii) It [    ] has not previously had contracts subject to the 
written affirmative action programs requirement of the rules and 
regulations of the Secretary of Labor.
    (e) Buy American Act--Balance of Payments Program Certificate. 
(Applies only if the clause at Federal Acquisition Regulation (FAR) 
52.225-1, Buy American Act--Balance of Payments Program--Supplies, 
is included in this solicitation.)
    (1) The offeror certifies that each end product, except those 
listed in paragraph (e)(2) of this provision, is a domestic end 
product as defined in the clause of this solicitation entitled ``Buy 
American Act--Balance of Payments Program--Supplies'' and that the 
offeror has considered components of unknown origin to have been 
mined, produced, or manufactured outside the United States. The 
offeror shall list as foreign end products those end products 
manufactured in the United States that do not qualify as domestic 
end products.
    (2) Foreign End Products:

------------------------------------------------------------------------
           Line item No.                      Country of origin
------------------------------------------------------------------------
__________                           __________
__________                           __________
__________                           __________
------------------------------------------------------------------------
[List as necessary]

    (3) The Government will evaluate offers in accordance with the 
policies and procedures of FAR Part 25.
    (f)(1) Buy American Act--North American Free Trade Agreement--
Israeli Trade Act--Balance of Payments Program Certificate. (Applies 
only if the clause at FAR 52.225-3, Buy American Act--North American 
Free Trade Agreement--Israeli Trade Act--Balance of Payments 
Program, is included in this solicitation.)
    (i) The offeror certifies that each end product, except those 
listed in paragraph (f)(1)(ii) or (f)(1)(iii) of this provision, is 
a domestic end product as defined in the clause of this solicitation 
entitled ``Buy American Act--North American Free Trade Agreement--
Israeli Trade Act--Balance of Payments Program'' and that the 
offeror has considered components of unknown origin to have been 
mined, produced, or manufactured outside the United States.
    (ii) The offeror certifies that the following supplies are NAFTA 
country end products or Israeli end products as defined in the 
clause of this solicitation entitled ``Buy American Act--North 
American Free Trade Agreement--Israeli Trade Act--Balance of 
Payments Program'':
    NAFTA Country or Israeli End Products:

------------------------------------------------------------------------
           Line Item No.                      Country of origin
------------------------------------------------------------------------
__________                           __________
__________                           __________
__________                           __________
------------------------------------------------------------------------
[List as necessary]

    (iii) The offeror shall list those supplies that are foreign end 
products (other than those listed in paragraph (f)(1)(ii) of this 
provision) as defined in the clause of this solicitation entitled 
``Buy American Act--North American Free Trade Agreement--Israeli 
Trade Act--Balance of Payments Program.'' The offeror shall list as 
other foreign end products those end products manufactured in the 
United States that do not qualify as domestic end products.
    Other Foreign End Products:

------------------------------------------------------------------------
           Line Item No.                      Country of origin
------------------------------------------------------------------------
__________                           __________
__________                           __________
__________                           __________
------------------------------------------------------------------------
[List as necessary]

    (iv) The Government will evaluate offers in accordance with the 
policies and procedures of FAR Part 25.
    (2) Buy American Act--North American Free Trade Agreements--
Israeli Trade Act--Balance of Payments Program Certificate, 
Alternate I. If Alternate I to the clause at FAR 52.225-3 is 
included in this solicitation, substitute the following 
paragraph(f)(1)(ii) for paragraph (f)(1)(ii) of the basic provision:
    (f)(1)(ii) The offeror certifies that the following supplies are 
Canadian end products as defined in the clause of this solicitation 
entitled ``Buy American Act--North American Free Trade Agreement--
Israeli Trade Act--Balance of Payments Program'':
    Canadian End Products:

------------------------------------------------------------------------
                              Line Item No.
-------------------------------------------------------------------------
________________________________________
________________________________________
________________________________________
------------------------------------------------------------------------
[List as necessary]

    (3) Buy American Act--North American Free Trade Agreements--
Israeli Trade Act--Balance of Payments Program Certificate, 
Alternate II. If Alternate II to the clause at FAR 52.225-3 is 
included in this solicitation, substitute the following paragraph 
(f)(1)(ii) for paragraph (f)(1)(ii) of the basic provision:
    (f)(1)(ii) The offeror certifies that the following supplies are 
Canadian end products or Israeli end products as defined in the 
clause of this solicitation entitled ``Buy

[[Page 3672]]

American Act--North American Free Trade Agreement--Israeli Trade 
Act--Balance of Payments Program'':
    Canadian or Israeli End Products:

------------------------------------------------------------------------
           Line item No.                      Country of origin
------------------------------------------------------------------------
__________                           __________
__________                           __________
__________                           __________
------------------------------------------------------------------------
[List as necessary]

    (4) Trade Agreements Certificate. (Applies only if the clause at 
FAR 52.225-5, Trade Agreements, is included in this solicitation.)
    (i) The offeror certifies that each end product, except those 
listed in paragraph f)(4)(ii) of this provision, is a U.S.-made, 
designated country, Caribbean Basin country, or NAFTA country end 
product, as defined in the clause of this solicitation entitled 
``Trade Agreements.''
    (ii) The offeror shall list as other end products those end 
products that are not U.S.-made, designated country, Caribbean Basin 
country, or NAFTA country end products.
    Other End Products:

------------------------------------------------------------------------
           Line item No.                      Country of origin
------------------------------------------------------------------------
__________                           __________
__________                           __________
__________                           __________
------------------------------------------------------------------------
[List as necessary]

    (iii) The Government will evaluate offers in accordance with the 
policies and procedures of FAR Part 25. For line items subject to 
the Trade Agreements Act, the Government will evaluate offers of 
U.S.-made, designated country, Caribbean Basin country, or NAFTA 
country end products without regard to the restrictions of the Buy 
American Act or the Balance of Payments Program. The Government will 
consider for award only offers of U.S.-made, designated country, 
Caribbean Basin country, or NAFTA country end products unless the 
Contracting Officer determines that there are no offers for such 
products or that the offers for such products are insufficient to 
fulfill the requirements of the solicitation.
    (g) Certification Regarding Knowledge of Child Labor for Listed 
End Products (Executive Order 13126). [The Contracting Officer must 
list in paragraph (j)(1) any end products being acquired under this 
solicitation that are included in the List of Products Requiring 
Contractor Certification as to Forced or Indentured Child Labor, 
unless excluded at 22.1503(b).]
    (1) Listed end products.

------------------------------------------------------------------------
         Listed end product              Listed countries of  origin
------------------------------------------------------------------------
__________                           __________
__________                           __________
__________                           __________
------------------------------------------------------------------------

    (2) Certification. [If the Contracting Officer has identified 
end products and countries of origin in paragraph (g)(1) of this 
provision, then the offeror must certify to either (g)(2)(i) or 
(g)(2)(ii) by checking the appropriate block.]
    [    ] (i) The offeror will not supply any end product listed in 
paragraph (g)(1) of this provision that was mined, produced, or 
manufactured in the corresponding country as listed for that 
product.
    [    ] (ii) The offeror may supply an end product listed in 
paragraph (g)(1) of this provision that was mined, produced, or 
manufactured in the corresponding country as listed for that 
product. The offeror certifies that it has made a good faith effort 
to determine whether forced or indentured child labor was used to 
mine, produce, or manufacture any such end product furnished under 
this contract. On the basis of those efforts, the offeror certifies 
that it is not aware of any such use of child labor.

(End of provision)

ALTERNATE I

(XX/XX)

    As prescribed in 1813.302-570(a)(2), add the following paragraph 
to the end of the basic provision and identify appropriately:
    (    ) Recovered Material Certification. As required by the 
Resource Conservation and Recovery Act of 1976 (42 U.S.C. 
6962(c)(3)(A)(i)), the offeror certifies, that the percentage of 
recovered materials to be used in the performance of the contract 
will be at least the amount required by the applicable contract 
specifications.

ALTERNATE II

(XX/XX)

    As prescribed in 1813.302-570(a)(2), add the following paragraph 
to the end of the basic provision and identify appropriately:
    (    ) Historically Black College Or University And Minority 
Institution Representation
    (1) Definitions. As used in this provision--
    ``Historically black college or university'' means an 
institution determined by the Secretary of Education to meet the 
requirements of 34 CFR 608.2. For the Department of Defense, the 
National Aeronautics and Space Administration, and the Coast Guard, 
the term also includes any nonprofit research institution that was 
an integral part of such a college or university before November 14, 
1986.
    ``Minority institution'' means an institution of higher 
education meeting the requirements of Section 1046(3) of the Higher 
Education Act of 1965 (20 U.S.C. 1067k, including a Hispanic-serving 
institution of higher education, as defined in Section 316(b)(1) of 
the Act (20 U.S.C. 1101a)).
    (2) Representation. The offeror represents that it--
    (    ) is (    ) is not a historically black college or 
university;
    (    ) is (    ) is not a minority institution.

ALTERNATE III

(MONTH/YEAR)

    As prescribed in 1813.302-570(a)(2), add the following paragraph 
to the end of the basic provision and identify appropriately:
    (    ) Representation Of Limited Rights Data And Restricted 
Computer Software. (1) This solicitation sets forth the work to be 
performed if a contract award results, and the Government's known 
delivery requirements for data (as defined in FAR 27.401). Any 
resulting contract may also provide the Government the option to 
order additional data under the Additional Data Requirements clause 
at 52.227-16 of the FAR, if included in the contract. Any data 
delivered under the resulting contract will be subject to the Rights 
in Data-General clause at 52.227-14 that is to be included in this 
contract. Under the latter clause, a Contractor may withhold from 
delivery data that qualify as limited rights data or restricted 
computer software, and deliver form, fit, and function data in lieu 
thereof. The latter clause also may be used with its Alternates II 
and/or III to obtain delivery of limited rights data or restricted 
computer software, marked with limited rights or restricted rights 
notices, as appropriate. In addition, use of Alternate V with this 
latter clause provides the Government the right to inspect such data 
at the Contractor's facility.
    (2) As an aid in determining the Government's need to include 
Alternate II or Alternate III in the clause at 52.227-14, Rights in 
Data-General, the offeror shall complete paragraph (3) of this 
provision to either state that none of the data qualify as limited 
rights data or restricted computer software, or identify, to the 
extent feasible, which of the data qualifies as limited rights data 
or restricted computer software. Any identification of limited 
rights data or restricted computer software in the offeror's 
response is not determinative of the status of such data should a 
contract be awarded to the offeror.
    (3) The offeror has reviewed the requirements for the delivery 
of data or software and states [offeror check appropriate block]--
    (    ) None of the data proposed for fulfilling such 
requirements qualifies as limited rights data or restricted computer 
software.
    (    ) Data proposed for fulfilling such requirements qualify as 
limited rights data or restricted computer software and are 
identified as follows:
----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------

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

Sec. 1852.213-71  Evaluation--Other than commercial items.

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

EVALUATION--OTHER THAN COMMERCIAL ITEMS

(XX/XX)

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

[[Page 3673]]

----------------------------------------------------------------------
----------------------------------------------------------------------
----------------------------------------------------------------------
    [Contracting Officer shall insert the evaluation factors, such 
as (i) technical capability of the item offered to meet the 
Government requirement; (ii) price; (iii) past performance (see FAR 
15.304).]
    (b) Options. The Government will evaluate offers for award 
purposes by adding the total price for all options to the total 
price for the basic requirement. The Government may determine that 
an offer is unacceptable if the option prices are significantly 
unbalanced. Evaluation of options shall not obligate the Government 
to exercise the option(s).

(End of provision)

[FR Doc. 02-1915 Filed 1-24-02; 8:45 am]
BILLING CODE 7510-01-P