1.1 Representations and Certifications:
1.1.1 FEDERAL ACQUISITION REGULATIONS SOLICITATION BY REFERENCE: A cost plus fixed fee contract with no exceptions is anticipated. It is understood that the following Federal Acquisition Regulation Solicitation Provisions are included by reference:
a) 52.204-7 Central Contractor Registration (Apr 2008)
b) 52.215-22 Limitations on Pass-Through Charges – Identification of Subcontract Effort (Oct 2009)
c) 52.215-23 Limitations on Pass-Through Charges (Oct 2009)
d) 52.225-13 Restriction on Certain Foreign Purchases (June 2008)
e) 52.233-2 Service of Protest (Sep 2006)
f) 52.242-1 Notice of Intent to Disallow Costs (Apr 1984)
g) 52.252-1 Solicitation Provision Incorporated by Reference (Feb 1998)
1.1.2 FEDERAL ACQUISITION REGULATION SOLICITATION PROVISIONS IN FULL TEXT:
1.1.2.1 Understand and certify (Reference: 52.204-08 Annual Representations and Certifications) that:
1.1.2.1.1 The North American Industry Classification System (NAICS) for this acquisition is 541712.
1.1.2.1.2 The proposal is from a small business of less than 1,000 employees.
1.1.2.1.3 This offer is made in our company’s name and all deliverables will be provided by Altech, Inc.
1.1.2.1.4 Clause 52.204-7, Central Contractor Registration, is included in this solicitation by reference (see paragraph 1.0.a); and paragraph (d) of that provision applies (see paragraph 1.1.6 below).
1.1.2.1.5 The following representations or certifications in ORCA [On-line Representations and Certifications Application] are applicable to this solicitation as indicated: None of the listed conditions apply.
1.1.2.1.6 Altech, Inc. management has completed annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website. Altech, Inc. management verifies by submission of this proposal that the representations and certifications currently posted that apply to this solicitation as listed in paragraph
1.1.5 of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced in this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [ which are N/A]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current accurate, and complete as of the date of this offer. N/A.
1.1.2.2 Understand and certify (Reference: 52.209-02 – Prohibition On Contracting With Inverted Domestic Corporation) that:
1.1.2.2.1 Altech, Inc. is not an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.
1.1.2.2.2 Altech, Inc. is not a subsidiary of an inverted domestic corporation.
1.1.2.3 Understand and certify (Reference: 52.209-07 – Information Regarding Responsibility Matters) that:
1.1.2.3.1 Altech, Inc. does not have current active Federal contracts and grants with total value greater than $10,000,000.
1.1.2.3.2 Altech, Inc. shall post the information in paragraphs ©(1)(iv) of this provision in FAPIIS as required through maintaining an active registration in the Central Contractor Registration database at http://www.ccr.gov (ref: 52.207-7).
1.1.3 DEFENSE FAR SUPPLEMENTAL SOLICITATION PROVISIONS IN FULL TEXT
1.1.3.1 252.203-7005 Representation Relating to Compensation of Former DoD Officials (Nov 2011)
Definition. “Covered DoD official” is defined in the clause at 252.203-7000, Requirements Relating to Compensation of Former DoD Officials.
By submission of this offer, the offeror represents, to the best of its knowledge and belief, that all covered DoD officials employed or otherwise receiving compensation from the offeror, and who are expected to undertake activities on behalf of the offeror, for any resulting contract, are presently in compliance with all post-employment restrictions covered by 18 U.S.C. 207, 41 U.S.C. 2101-2107, and 5 CFR parts 2637 and 2641, including Federal Acquisition Regulation 3.104-2.
1.1.3.2 252.204-7004 Alternate A, Central Contractor Registration (Sep 2007)
(a) Definitions. As used in this clause-- “Central Contractor Registration (CCR) database” means the primary Government repository for contractor information required for the conduct of business with the Government. “Commercial and Government Entity (CAGE) code” means— (1) A code assigned by the Defense Logistics Information Service (DLIS) to identify a commercial or Government entity; or (2) A code assigned by a member of the North Atlantic Treaty Organization that DLIS records and maintains in the CAGE master file. This type of code is known as an “NCAGE code.” “Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities. “Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4- character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4-character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see Subpart 32.11 of the Federal Acquisition Regulation) for the same parent concern. “Registered in the CCR database” means that— (1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; (2) The Contractor’s CAGE code is in the CCR database; and (3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service, and has marked the records “Active.” The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.
1.1.3.3 252.204-7007 Alternate A, Annual Representation and Certifications (Nov 2011)
As prescribed in 204.1202, substitute the following paragraph (d) and (e) for paragraph (d) of the provision at FAR 52.204-8: (d)(1) The following representations or certifications in ORCA are applicable to this solicitation as indicated: (i) 252.209-7001, Disclosure of Ownership or Control by the Government of a Terrorist Country. Applies to all solicitations expected to result in contracts of $150,000 or more. (ii) 252.209-7005, Reserve Officer Training Corps and Military Recruiting on Campus. Applies to all solicitations and contracts with institutions of higher education. (iii) 252.216-7003, Economic Price Adjustment–Wage Rates or Material Prices Controlled by a Foreign Government. Applies to fixed-price supply and service contracts when the contract is to be performed wholly or in part in a foreign country, and a foreign government controls wage rates or material prices and may during contract performance impose a mandatory change in wages or prices of materials. (iv) 252.225-7042, Authorization to Perform. Applies to all solicitations when performance will be wholly or in part in a foreign country. (v) 252.229-7003, Tax Exemptions (Italy). Applies to solicitations and contracts when contract performance will be in Italy. (vi) 252.229-7005, Tax Exemptions (Spain). Applies to solicitations and contracts when contract performance will be in Spain. (vii) 252.247-7022, Representation of Extent of Transportation by Sea. Applies to all solicitations except those for direct purchase of ocean transportation services or those with an anticipated value at or below the simplified acquisition threshold. (2) The following representations or certifications in ORCA are applicable to this solicitation as indicated by the Contracting Officer: [Contracting Officer check as appropriate.] ___ (i) 252.209-7002, Disclosure of Ownership or Control by a Foreign Government. ___ (ii) 252.225-7000, Buy American Act—Balance of Payments Program Certificate. ___ (iii) 252.225-7020, Trade Agreements Certificate. ___ Use with Alternate I. ____(iv) 252.225-7022, Trade Agreements Certificate—Inclusion of Iraqi End Products. ___ (v) 252.225-7031, Secondary Arab Boycott of Israel. (e) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at https://www.acquisition.gov/. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in FAR 52.204-8(c) and paragraph (d) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer, and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by provision number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.
FAR/DFARS Provision # Title Date Change
______________ _______________ ___________ _________________
1) Altech, Inc. POC:
NAME: Mr. John Doe
TITLE: President, Altech, Inc.
TELEPHONE: (404) 555-1234
FAX: (404) 555-5678
E-MAIL: john.doe@altech.com
2) AMOUNT PROPOSED: $1.5M
3) Name Address and Telephone Number of Cognizant DCMA or DCAA:
DCMA and DCAA Offices
Det. 8 AFRL/RVKVV
ATTN: Luisa A. Martinez-Medina
3550 Aberdeen Ave.
Bldg. 413, Rm. 160
Kirkland AFB, NM 87117-5776
(505) 853-1425
Luisa Martinez-Medina@kirtland.af.mil
4) Date Offer is Submitted: Dec 7, 2012
5) Expiration Date of Offer: Jan 1, 2013
6) DUNS Number: 12345-000
7) CAGE CODE: 45678-000
1.0 Business Section:
Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. (End of provision)
1.1.3.4 252.209-7004 Subcontracting with Firms That Are Owned or Controlled by the Government of a Terrorist Country (Dec 2006)
Unless the Government determines that there is a compelling reason to do so, the Contractor shall not enter into any subcontract in excess of $30,000 with a firm, or a subsidiary of a firm, that is identified in the Excluded Parties List System as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. (b) A corporate officer or a designee of the Contractor shall notify the Contracting Officer, in writing, before entering into a subcontract with a party that is identified, on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs, as being ineligible for the award of Defense contracts or subcontracts because it is owned or controlled by the government of a terrorist country. The notice must include the name of the proposed subcontractor and the compelling reason(s) for doing business with the subcontractor notwithstanding its inclusion on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.
1.1.3.5 Representation by Corporations Regarding an Unpaid Delinquent Tax Liability or a Felony Conviction under any Federal Law (Deviation 2012-O004) (Jan 2012)
In accordance with sections 8124 and 8125 of Division A of the Consolidated Appropriations Act, 2012, (Pub. L. 112-74) none of the funds made available by that Act may be used to enter into a contract with any corporation that (1) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the government. (2) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless the agency has considered suspension or debarment of the corporation and made a determination that this further action is not necessary to protect the interests of the government. (b) The Offeror represent that (1) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, (2) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. (End of provision)
1.1.3.6 252.227-7017 Identification and Assertion Or Use, Release, Or Disclosure Restrictions (Jan 11)
(a) The terms used in this provision are defined in following clause or clauses contained in this solicitation— (1) If a successful offeror will be required to deliver technical data, the Rights in Technical Data-- Noncommercial Items clause, or, if this solicitation contemplates a contract under the Small Business Innovation Research Program, the Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program clause. (2) If a successful offeror will not be required to deliver technical data, the Rights in Noncommercial Computer Software and Noncommercial Computer Software Documentation clause, or, if this solicitation contemplates a contract under the Small Business Innovation Research Program, the Rights in Noncommercial Technical Data and Computer Software--Small Business Innovation Research (SBIR) Program clause. (b) The identification and assertion requirements in this provision apply only to technical data, including computer software documentation, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovation Research Program, the notification and identification requirements do not apply to technical data or computer software that will be generated under the resulting contract. Notification and identification is not required for restrictions based solely on copyright. (c) Offers submitted in response to this solicitation shall identify, to the extent known at the time an offer is submitted to the Government, the technical data or computer software that the Offeror, its subcontractors or suppliers, or potential subcontractors or suppliers, assert should be furnished to the Government with restrictions on use, release, or disclosure. (d) The Offeror's assertions, including the assertions of its subcontractors or suppliers or potential subcontractors or suppliers, shall be submitted as an attachment to its offer in the following format, dated and signed by an official authorized to contractually obligate the Offeror:
Identification and Assertion of Restrictions on the Government's Use, Release, or Disclosure of Technical Data or
Computer Software.
The Offeror asserts for itself, or the persons identified below, that the Government's rights to use, release, or disclose
the following technical data or computer software should be restricted:
Technical Data or
Computer Software Name of Person
to be Furnished Basis for Asserted Rights Asserting
With Restrictions* Assertion** Category*** Restrictions****
(LIST)***** (LIST) (LIST) (LIST)
*For technical data (other than computer software documentation) pertaining to items, components, or processes
developed at private expense, identify both the deliverable technical data and each such item, component, or
process. For computer software or computer software documentation identify the software or documentation.
**Generally, development at private expense, either exclusively or partially, is the only basis for asserting
restrictions. For technical data, other than computer software documentation, development refers to development of
the item, component, or process to which the data pertain. The Government's rights in computer software
documentation generally may not be restricted. For computer software, development refers to the software. Indicate
whether development was accomplished exclusively or partially at private expense. If development was not
accomplished at private expense, or for computer software documentation, enter the specific basis for asserting
restrictions.
***Enter asserted rights category (e.g., government purpose license rights from a prior contract, rights in SBIR data
generated under another contract, limited, restricted, or government purpose rights under this or a prior contract, or
specially negotiated licenses).
****Corporation, individual, or other person, as appropriate.
*****Enter “none” when all data or software will be submitted without restrictions.
Date _________________________________
Printed Name and Title _________________________________
_________________________________
Signature _________________________________
(End of identification and assertion)
(e) An offeror's failure to submit, complete, or sign the notification and identification required by paragraph
(d) of this provision with its offer may render the offer ineligible for award.
(f) If the Offeror is awarded a contract, the assertions identified in paragraph (d) of this provision shall be
listed in an attachment to that contract. Upon request by the Contracting Officer, the Offeror shall provide
sufficient information to enable the Contracting Officer to evaluate any listed assertion.
1.1.3.7 252.227-7028 Technical Data Or Computer Software Previously Delivered To The Government (Jun 1995)
The Offeror shall attach to its offer an identification of all documents or other media incorporating technical data or computer software it intends to deliver under this contract with other than unlimited rights that are identical or substantially similar to documents or other media that the Offeror has produced for, delivered to, or is obligated to deliver to the Government under any contract or subcontract. The attachment shall identify—
(a) The contract number under which the data or software were produced; (b) The contract number under which, and the name and address of the organization to whom, the data or software were most recently delivered or will be delivered; and (c) Any limitations on the Government's rights to use or disclose the data or software, including, when applicable, identification of the earliest date the limitations expire.
1.1.4 OTHER SOLICITATION PROVISIONS IN FULL TEXT
1.1.4.1 K002 Administrative Access To Proprietary Information (Aug 2005)
K002 Administrative Access To Proprietary Information (Aug 2005)
(a) The Air Force Research Laboratory's Directed Energy (RD) and Space Vehicles (RV) Directorates have contracted for
various business and staff support services, some of which require contractors (e.g., CC&G Company LLC) to obtain administrative access to proprietary information submitted by other contractors. Administrative access is defined as "handling or having physical control over information for the sole purpose of accomplishing the administrative functions specified in this contract or order, which do not require the review, reading, or comprehension of the content of the information on the part of non-technical professionals assigned to accomplish the specified administrative tasks." (b) The required administrative access will be granted to non-technical professionals. Examples of the administrative tasks performed include:
(1) Assembling and organizing information for R&D case files; (2) Accessing library files for use by government personnel in the RD and RV Directorates; and (3) Handling and administration of Small Business Innovation Research proposals, contracts, contract funding and queries. (c) Offerors shall either complete paragraph (d) below or provide written objection to administrative access. Any objection to administrative access: (1) Shall be provided in writing to the contracting officer within 10 days of RFP (or PRDA, BAA, etc., as appropriate) issuance; and (2) Shall include a detailed statement of the basis for the objection. (d) I consent to administrative access, as defined above, by RD and RV business and staff support services contractors to any proprietary information submitted under this solicitation or delivered under any resulting contract. __________/s/__________________________ (Signature)
__John Doe, President, Altech, Inc._ (Name of Authorized Company Official)
K003 Certificate Of Signatory Authority (Aug 2005) I, __John Doe________________________________ (Name), certify that I am the __President______________________________________ (Position Title) of the Corporation named as Contractor herein, that
__John Doe, Jr.___________________________________ (Name), who signed this contract on behalf of the Contractor, was then
__VP, Altech_____________________ (Position Title) of said Corporation; that said contract was duly signed for and on behalf of the said Corporation by authority of its governing body and is within the scope of its corporate powers. (SEAL) _____________________________________ (Signature) ____________________________________ (Typed or printed Name and Title of Signatory) NOTE: The name and title of the person signing the contract shall be typed or printed below the signature. If the contract is signed in a capacity other than individual, partner, owner or a president, vice-president, secretary or treasurer of a company or corporation, satisfactory evidence of the authority of the person signing to bind the principal must be furnished.
1.2 Completed Proposal Content Checklist
