(4) Where reference material is to be provided for use in preparation of proposals, insert either of the following clauses:

(A) To assist offerors in preparing their proposals, reference material consisting of (insert title or description of publications, specifications, drawings, reports, or other documentation being made available as reference material) will be available for inspection at Offerors are expected to examine all reference material prior to preparation and submission of their proposals. Failure to do so will be at the offeror's risk.

or

(B) To assist offerors in preparing their proposals, reference material consisting of (insert title or description of publications, specifications, drawings, reports or other documentation being furnished as reference material) is enclosed (is being forwarded to you under separte cover). Offerors are expected to examine all reference material prior to preparation and submission of their proposal. Failure to do so will be at the offeror's risk.

Include the following statement if the reference material is to be returned to the Government:

All reference material furnished hereunder shall be returned within days after the submission of proposals to

(5) A statement regarding discount provisions.

(6) When telegraphic offers are authorized in a solicitation using standard form 33 (solicitation, offer, and award), a provision similar to that set forth in FPR 1-2.202-2 can be included.

(7) A statement that in the event the proposal should contain classified information, the provisions of the HEW security staff manual will apply.

(8) If options are to be solicited, include the following or similar language describing the method by which the Government will evaluate the option:

If the Government elects to exercise the option simultaneously with award, proposals will be evaluated for purposes of award on the basis of the total price for the basic quantity plus the option quantity to be exercised with award.

If the Government does not elect to exercise the option with award, evaluation will be on the basis of the quantity to be awarded exclusive of the option quantity.

(9) If an incentive type contract is being considered, a notice to the offeror of the Government's desire as to use of incentives considered applicable, objectives of the incentive performance goals, schedules, milestones, critical delivery parameters and similar information shall be included.

(11) Technical Proposal Instructions. The technical evaluation criteria and the relative weightings of each factor must be included in the RFP. It should be noted that the RFP evaluation criteria cannot be modified ex

cept for a formal modification to the RFP and no factors other than those set forth in the request for proposals shall be used in the evaluation of technical proposals. The following are examples of technical evaluation criteria that can be used in the evaluation of technical proposals and the information that can be requested:

(1) Understanding the problem and technical approach.

(A) Statement and discussion of the requirements as it is analyzed by the offeror.

(B) Prospective contractor's proposed definitive Scope of Work with explanation of technical approaches and a detailed outline of the proposed program for executing the requirements of the technical scope and achieving the objectives of the project.

(C) Preliminary layouts, sketches, diagrams, other graphic representation calculations, curves, and other data as may be necessary for presentation, substantiation, Justification or understanding of the proposed approaches and program.

(D) Statement and discussion of anticipated major difficulties and problem areas, together with potential or recommended approaches for their resolution.

(E) Statement of the extent to which the proposed approach and program can be expected to meet or exceed requirements and specifications of the technical scope.

A differentiation shall be made between the areas of assured compliance, possible but not assured compliance, and noncompliance.

(F) An outline of the phases or segments into which the proposed program can be logically divided and performed if for some substantial reason they are different from the phases or segments shown in the technical scope.

(G) Schedule for the completion of the work and delivery of items specified in the technical scope. Performance or delivery schedules shall be indicated for phases or segments, as applicable, as well as for the overall program. Schedules shall be shown in terms of calendar months from the date of authorization to proceed or, where applicable, from the date of a stated event, as for example, receipt of a required approval by the contracting officer. Unless the request for proposal indicates that the stipulated schedules are mandatory, they shall be treated as desired or recommended schedules. In this event, proposals based upon the offeror's best alternative schedule, involving no overtime, extra shift or other premium, will be accepted for consideration.

(2) Qualifications.

(A) Experience. General background, experience, and qualifications of the offeror. Special notation should be made of similar or related Government programs, performed for the Government including documentation with reference to the applicable contract numbers and supervising cognizant agencies.

(B) Personnel. Personnel who will be assigned for direct work on this program. In

formation is required which will show the composition of the task or work group, its general qualifications, and recent experience with similar equipment or programs. Special mention shall be made direct technical supervisors and key technical personnel, and the approximate percentage of the total time each will be available for this program. Résumés are desirable which will indicate education, background, recent experience and specific scientific or technical accomplishments.

Additional personnel, if any, who will be required for full-time employment, or on a subcontract or consultant basis. The technical areas, character, and extent of subcontract or consultant activity will be indicated and the anticipated sources will be specified and qualified.

In addition to the evaluation criteria and the relative weightings, these technical proposal instructions must include the following statement:

Proposals which merely offer to conduct a program in accordance with the requirements of the Government's scope of work will be considered nonresponsive to this request and will not be considered further. The offeror must submit a definitive scope of work in accordance with his proposal for the end results that he proposes to accomplish in compliance with the Government's requirements.

(iii) Business proposal instructions. The business proposal instruction will consist of three parts: (1) Cost and Pricing Data. The forms to be used are optional form 59, contract pricing proposal, or optional form 60, contract pricing proposal (resarch and development). The forms are illustrated in FPR 1-16.902-OF59 and 1-16.902-OF60. The instructions to offerors and footnotes must be complied with and the appropriate boxes checked or filled in by the offeror.

(2) Other Administrative Data. (3) Representations and Certifications. (A) Cost and pricing data. The offeror, as a minimum, must submit cost proposals fully supported by cost and pricing data adequate to establish the reasonableness of the proposed amount. The attached form OF59 or 60 must be used in the preparation of your proposal and the offeror must comply with the instructions and footnotes of the form and fill in or check the appropriate boxes.

(1) The cost for individual elements, such as analytical studies, reports, etc., shall be itemized.

(2) The estimated cost of each phase or segment of the offered performance shall be itemized.

(3) Inasmuch as it may be necessary to authorize performance of the project by phases or a group of phases, the extent that these are severable should be indicated together with the effect, if any, of such severance upon the estimated cost.

(B) The following shall be set forth under the item entitled "Other Administrative Data."

OTHER ADMINISTRATIVE DATA

(1) The proposal shall stipulate that it is predicated upon all the terms and conditions of this RFP. In addition, it shall contain a statement to the effect that it is firm for a period of at least (insert number of days) from the date of receipt thereof by the Government.

(2) The proposal shall list the names and telephone numbers of persons authorized to conduct negotiations.

(3) It is HEW policy that contractors will provide all equipment and facilities necessary for performance of contracts. Exception may be granted to furnish Governmentowned property, or to authorize purchase with contract funds only when approved by the head of the procuring activity. If additional equipment must be acquired, the offeror shall include the description, estimated cost of each item, and whether the prospective offeror will furnish such items with its own funds.

(4) The offeror shall identify Governmentowned property in their possession and/or property acquired from Federal funds, and title to which vests in the offeror which they propose to use in the performance of the prospective contract (§§ 3-56.502 and 356.503).

(5) The management and control of any Government property shall be in accordance with HEW Publication (OS) 72-74, entitled, "Management of Government-Owned Personal Property Held by HEW Contractors," copy of which will be provided upon request.

(6) The following statement should also be included in the RFP when necessary:

Bid guarantee, performance bond and payment bond requirements, if any. If a bid bond or other form of bid guarantee is required the solicitation shall include the provision required by FPR 1-10.103-3 (if applicable).

(7) Other pertinent business and administrative information can also be requested if the information desired is necessary for the evaluation of proposals.

(C) The following representations and certifications shall be included in all requests for proposals as attachments which do not contain standard form 33 or 33A.

The heading of the representations and certifications shall state: Copies of the attachment must be executed by an official authorized to bind the offeror and made a part of his business proposal.

REPRESENTATIONS AND CERTIFICATIONS

(The offeror makes the following representations and certifications as part of his proposal (check or complete appropriate boxes or blanks).)

1. SMALL BUSINESS REPRESENTATION He () is, () is not, a small business concern. If he is a small business concern

and is not the manufacturer of the supplies to be furnished hereunder, he also represents that all such supplies () will, ( ) will not, be manufactured or produced by a small business concern in the United States, its possessions, or Puerto Rico. If a small business concern, contractor represents that he () has, () has not, previously been denied a Small Business Certificate of Competency by the Small Business Administration. (A small business concern for the purpose of Government procurement is a concern, including its affiliates, which is independently owned and operated, is not dominant in the field of operation in which it is contracting and can further qualify under the criteria concerning number of employees, average annual receipts, or other criteria, as prescribed by the Small Business Administration.) (See Code of Federal Regulations, Title 13, Part 12, as amended, which contains detailed definitions and related procedures.)

NOTE.-The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001.

2. TYPE OF ORGANIZATION

He operates as an () Individual, ( ) State or Local Agency, ( ) Partnership, ( ) Joint Venture, ( ) Nonprofit, ( ) Educational Institution, ( ) Corporation organized and existing under the laws of the State of

3. REGULAR DEALER-MANUFACTURER

REPRESENTATION

(Applicable only to supply contracts exceeding $10,000.) He is a () regular dealer in () manufacturer of, the supplies covered by this proposal.

4. CONTINGENT FEE REPRESENTATION (Applicable only to proposals in which the aggregate amount involved exceeds $2,500.) Offeror represents: (a) That he () has, () has not, employed or retained any company or person (other than a full-time bona fide employee working solely for the offeror) to solicit or secure this contract, and (b) that he () has, ( ) has not, paid or agreed to pay any company or person (other than a full-time bona fide employee working solely for the offeror) any fee, commission, percentage or brokerage fee, contingent upon or resulting from the award of this contract; and agrees to furnish information relating too (a) and (b) above as requested by the contracting officer. (NOTE.-For interpretation of representation, including the term "bona fide employee," see Code of Federal Regulations, Title 41, Chapter 1, Subpart 11.5.)

5. EQUAL OPPORTUNITY CERTIFICATION a. Have you participated in any contractual agreement which contained the Equal Employment Opportunity Clause prescribed in Executive Orders 10925, 1114, or 11246?

( ) Yes. ( ) No.

b. Were you required pursuant to the rules and regulations of Equal Employment Opportunity (41 CFR 60-1) to file a compliance report as the result of such contractual agreement?

() Yes. ( ) No. If "Yes," answer question (c).

c. Did you file the necessary compliance report in accordance with the instructions contained on the appropriate report form-SF40, SF-41, or EEO-1 (SF-100).

() Yes. () No. If "Yes," answer question (d).

d. Name of agency requiring report

(1) Previously held contracts subject to E.O. 10925, 1114, and 11246.

facilities.

(2) Previously filed certificate of nonsegregated (3) Previously filed compliance report (SF-40, SF-41, or EEO-1).

6. CERTIFICATION OF NONSEGREGATED
FACILITIES

By the submission of this offer, the offeror or subcontractor certifies that he does not maintain or provide for his employees any segregated facilities at any of his establishments, and that he does not permit his employees to perform their services at any location, under his control, where segregated facilities are maintained. He certifies further that he will not maintain or provide for his employees any segregated facilities at any of his establishments, and that he will not permit his employees to perform their services at any location, under his control, where seg

regated facilities are maintained. The offeror, or subcontractor agrees that a breach of this certification is a violation of the equal opportunity clause of this contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains, recreation Dr entertainment areas, transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, because of habit, local custom, or otherwise. He further agrees that (except where he has obtained identical certifications from proposed subcontractors for specific time periods) he will obtain identical certification from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause; that he will retain such certifications in his files; and that he will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certification for specific time periods).

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES

A certification of nonsegregated facilities, as required by the May 9, 1967, order (82 FR 7439, May 19, 1967) on elimination of segregated facilities, by the Secretary of Labor must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the equal opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (1.0., quarterly, semiannually, or annually).

NOTE.-Failure of an offeror to agree to the certification of nonsegregated facilities shall render his offer nonresponsive to the terms of solicitations involving awards of contracts exceeding $10,000 which are not exempt from the provisions of the equal opportunity clause.

7. BUY AMERICAN CERTIFICATE

(Applies to proposals involving end products as defined by FPR 1-6.101.) The offeror hereby certifies that each end product, except the end product listed below, is a domestic source end product (as defined in the clause entitled "Buy American Act"); and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States:

Excluded end products (show country of origin for each excluded end product).

1 For definition of "cost or pricing data," see FPR § 1-3.807-3.

Describe the proposal, quotation, request for price adjustments, or other submission involved, giving appropriate identifying number (e.g., RFP No.

----).

8 This date shall be the date when the price negotiations were concluded and the contract price was agreed to. The responsibility of the contractor is not limited by the personal knowledge of the contractor's negotiator if the contractor had information reasonably available (see § 1-3.807-5 (a)) at the time of agreement showing that the negotiated price is not based on accurate, complete, and current data.

This date should be as close as practicable to the date when the price negotiations were concluded and the contract price was agreed upon.

Describe the proposal, quotation, or other submission involved, giving appropriate identifying number (e.g., RFP No. ------). The above certification shall be submitted as soon as practicable after agreement is reached on any proposed contract cost or price.

11. CERTIFICATION OF INDEPENDENT PRICE

DETERMINATION

a. By submission of this proposal, each offeror certifies and in the case of a joint bid or proposal, each party thereto, certifies as to its own organizations, that in connection with this procurement:

(1) The prices in this proposal have been arrived at independently, without consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other offeror or with any competition;

(2) Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the prior to award, directly or indirectly to any other offeror or to any competitor; and

(3) No attempt has been made or will be made by the offeror to induce any other person or firm to submit or not to submit a proposal for the purpose of restricting competition.

b. Each person signing this proposal certifies that:

(1) He is the person in the offeror's organization responsible within that organization for the decision as to the prices being offered herein and that he has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above; or

(2) He is not the person in the offeror's organization responsible within that organization for the decision as to prices being offered herein but that he has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above, and as their agent does hereby so certify; and (ii) · he has not participated, and will not participate, in any action contrary to (a) (1) through (a) (3) above.

c. This certification is not applicable to a foreign offeror submitting a proposal for a contract which requires performance or delivery outside the United States, its possessions, and Puerto Rico.

d. A proposal will not be considered for award where (a) (1), (a) (3), or (b) above has been deleted or modified. Where (a) (2) above has been deleted or modified, the proposal will not be considered for award unless the offeror furnishes with the proposal a signed statement which sets forth in detail the circumstances of the disclosure and the head of the agency, or his designee, determines

that such disclosure was not made for the purpose of restricting competition.

12. PRICE STABILIZATION CERTIFICATION

(a) The offeror (Contractor) certifies that he is in compliance with the price stabilization requirements of Executive Order 11723, dated June 13, 1973, and amendments thereof, and the regulations of the Cost of Living Council as set forth in title 6, Code of Federal Regulations, Part 140, or any additions or revisions to title 6.

13. DISCLOSURE STATEMENT-COST ACCOUNTING

PRACTICES AND CERTIFICATION

Any contract in excess of $100,000 resulting from this solicitation, except when the price negotiated is based on: (a) Established catalog or market prices of commercial items sold in substantial quantities to the general public, or (b) prices set by law or regulation, shall be subject to the requirements of the Cost Accounting Standards Board. Any offeror submitting a proposal which, if accepted, will result in a contract subject to the requirements of the Cost Accounting Standards Board must, as a condition of contracting, submit a disclosure statement as required by regulations of the Board. The disclosure statement must be submitted as a part of the offeror's proposal under this solicitation (see 1, below) unless (1) the offeror, together with all divisions, subsidiarles, and affiliates under common control, did not receive net awards of negotiated defense prime contracts during the period July 1, 1970, through June 30, 1971, totaling more than $30 million (see 2, below), (ii) the offeror has already submitted a disclosure statement disclosing the practices used in connection with the pricing of this proposal (see 3, below) or (iii) postaward submission has been authorized by the contracting officer.

CAUTION.-A practice disclosed in a disclosure statement shall not, by virtue of such disclosure, be deemed to be a proper, approved, or agreed to practice for pricing proposals or accumulating and reporting contract performance cost data.

14. CLEAN AIR AND WATER CERTIFICATION

(Applicable if the bid or offer exceeds $100,000, or the contracting officer has determined that orders under an indefinite quantity contract in any year will exceed $100,000, or a facility to be used has been the subject of a conviction under the Clean Air Act (42 U.S.C. 1857c-8 (c) (1)) or the Federal Water Pollution Control Act (33 U.S.C. 1319(c)) and is listed by EPA, or is not otherwise exempt.)

The bidder or offeror certifies as follows: (a) Any facility to be utilized in the performance of this proposed contract has (), has not ( ), been listed on the Environmental Protection Agency List of Violating Facilities.