ATTACHMENT ______
OCTOBER 1999
CERTIFICATIONS AND REPRESENTATIONS (FOREIGN SUPPLIER) APPLICABLE TO HARRIS GOVERNMENT COMMUNICATIONS SYSTEMS DIVISION (GCSD)
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For Harris Corporation, GCSD (applicable to foreign suppliers of non-commercial items for U.S. Government Programs).
1. CERTIFICATION REGARDING DENIED PERSONS LIST AND OTHER RESPONSIBILITY MATTERS
a. 1) The Offeror certifies, to the best of its knowledge
and belief, that the Offeror and/or any of its Principals:
a) Are ¨ are not ¨ presently listed on the Denied Persons List or proposed or under investigation for addition to the list;
b) Have ¨ have not ¨, within a 3-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state, or local) contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification, or destruction of records, making false statements, or receiving stolen property; and
c) Are ¨ are not ¨ presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in Subdivision a.1)b) of this provision.
2) The Offeror has ¨ has not ¨, within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.
b. “Principals,” for the purposes of this certification, means officers; directors; owners; partners; and persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions).
2. 52.211-5MATERIAL REQUIREMENTS (OCT 1997)
a. Definitions.
As used in this clause—
“New” means composed of previously unused components, whether manufactured from virgin material, recovered material in the form of raw material, or materials and by-products generated from, and reused within, an original manufacturing process; provided that the supplies meet contract requirements, including but not limited to, performance, reliability, and life expectancy.
“Reconditioned” means restored to the original normal operating condition by readjustments and material replacement.
“Recovered material” means waste materials and by-products that have been recovered or diverted from solid waste including postconsumer material, but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process.
“Remanufactured” means factory rebuilt to original specifications.
“Virgin material” means previously unused raw material, including previously unused copper, aluminum, lead, zinc, iron, other metal or metal ore, or any undeveloped resource that is, or with new technology will become, a source of raw materials.
b. Unless this contract otherwise requires virgin material or supplies composed of or manufactured from virgin material, the contractor shall provide supplies that are new, as defined in this clause.
c. A proposal to provide unused former Government surplus property shall include a complete description of the material, the quantity, the name of the Government agency from which acquired, and the date of acquisition.
d. A proposal to provide used, reconditioned, or remanufactured supplies shall include a detailed description of such supplies and shall be submitted to the Contracting Officer for approval.
e. Used, reconditioned, or remanufactured supplies, or unused former Government surplus property, shall not be used unless the Contractor has proposed the use of such supplies, and the Contracting Officer has authorized their use.
3. TYPE OF BUSINESS ORGANIZATION
The Offeror, by checking the applicable box, represents that—
a. It operates as ¨ a corporation incorporated under the laws of the State of ______, ¨ an individual, ¨ a partnership, ¨ a nonprofit organization, of ¨ a joint venture; or
b. If the Offeror is a foreign entity, it operates as ¨ an individual, ¨ a partnership, ¨ a nonprofit organization, ¨ a joint venture, or ¨ a corporation, registered for business in ______.
country
4. AUTHORIZED NEGOTIATORS
The Offeror represents that the following persons are authorized to negotiate on its behalf with Harris in connection with this request for proposals or quotations: (list names, titles, and telephone numbers of the authorized negotiators).
NAME TITLE TELEPHONE NO.
5. 52.227-15REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER SOFTWARE (JUNE 1987) (OTHER THAN DOD)
a. 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.
b. As an aid in determining the Government’s need to include any of the aforementioned Alternates in the clause at 52.227-14, Rights in Data—General, the Offeror’s response to this solicitation shall, to the extent feasible, complete the representation in Paragraph b. of this provision to either state that none of the data qualify as limited rights data or restricted computer software, or identify 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.
REPRESENTATION CONCERNING DATA RIGHTS
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.”
6. 252.227-7017IDENTIFICATION AND ASSERTION OF USE, RELEASE, OR DISCLOSURE RESTRICTIONS (JUNE 1995) (DOD)
a. The terms used in this provision are defined in the 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 Innovative Research Program, the Rights in Noncommercial Technical Data and Computer Software—Small Business Innovative 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 Innovative Research Program, the Rights in Noncommercial Technical Data and Computer Software—Small Business Innovative Research (SBIR) Program clause.
b. The identification and assertion requirements in this provision apply only to technical data, including computer software documents, or computer software to be delivered with other than unlimited rights. For contracts to be awarded under the Small Business Innovative Research Program, the notification 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 subcontractor’s or supplier’s, or potential subcontractor’s or supplier’s assertions 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.
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.
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Technical Data or ComputerSoftware To Be Furnished
With Restrictions* / Basis for
Assertion** / Asserted Rights
Category*** / Name of Person
Asserting
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 items, 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.
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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.
Date:
Printed Name and Title:
Signature:
(End of identification and assertion)
7. 252.227-7028TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO THE GOVERNMENT (JUNE 1995) (DOD)
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 limitation on the Government’s right to use or disclose the data, including, when applicable, identification of the earliest date the limitations expire.
8. REQUIREMENT FOR PREDETERMINATION AGREEMENT CERTIFICATION
The Offeror hereby certifies that he/she ¨ is, or ¨ is not obligated to Harris or the Government under any contract or subcontract to propose an option price for greater rights in any technical data or computer software for the same or substantially the same as that which it proposes to develop, generate, modify, use, or deliver in the proposed offering. If such obligation has or does exist, identify any contract or subcontract in which such predetermination agreements are contained, and the cognizant Buyer/Principal Contracting Officer.
9. REQUIREMENT FOR COMPUTER SOFTWARE CERTIFICATION
The Offeror hereby certifies that it has ¨, has not ¨, developed, generated, delivered, or is ¨, is not ¨ obligated to deliver to Harris or the Government under any contract or subcontract the same or substantially the same computer software included in his/her offer; if so, the Offeror shall identify any contract or subcontract under which such computer software was delivered or may be delivered, and the place of such delivery.
10. SPECIAL TOOLING/SPECIAL TEST EQUIPMENT
Special Tooling/Special Test Equipment (STE)
Performance of the work under the proposed subcontract:
a. ¨ Will, ¨ will not require the use of existing Government-owned special tooling or STE;
b. ¨ Will, ¨ will not require the use of existing special tooling or STE acquired or manufactured for use in the performance of a Government prime contract which contains the FAR Special Tooling or Special Test Equipment clause, title to which has not been transferred to the Government;
c. ¨ Will, ¨ will not require the use of existing special tooling or STE acquired or manufactured for use in the performance of a subcontract or order with a Government prime contractor which contains the FAR or comparable special tooling or STE clause, title to which has not been transferred to the prime contractor or the Government.
If the use of such special tooling or STE is required, the Offeror shall indicate the contract(s) of accountability and individual contract value of the special tooling.
11. NEW, ADDITIONAL, AND/OR REPLACEMENT SPECIAL TOOLING/SPECIAL TEST EQUIPMENT (STE) OR FACILITIES
Performance of the work under the proposed subcontract ¨ will,
¨ will not require new, additional, or replacement special tooling, STE or facilities. If such special tooling, STE or facilities is required, the Offeror shall submit a detailed list of it with the quotation. All such special tooling, STE or facilities costs shall be set forth in the appropriate section of the applicable Standard Form 1411. Additional justification supporting the costs may be requested at or prior to negotiations.
12. ANTIKICKBACK CERTIFICATION
The Offeror hereby certifies that it has not proposed, offered, or given any kickback to any employee of Harris and that it will not do so in the future.
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SIGNATURE OF AUTHORIZED INDIVIDUAL FOR CERTIFICATIONS AND REPRESENTATIONSOfferor shall insert the date, name of his/her firm, and full name and authorized signature for the Certifications and Representations noted above.
Date:
Company Name:
Place of Business:
Authorized Signature:
Title of Authorized Individual:
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