Code of Federal Regulations: Containing a Codification of Documents of ...

c. It will include substantially this certification, including this paragraph (c), in every nonexempt subcontract.

17. CERTIFICATE OF CURRENT Cost or PRICING DATA

When a certificate of cost or pricing data is required to be submitted in accordance with Federal Procurement Regulations (FPR) 1-3.807-3, the Contracting Officer will request that the Offeror complete, execute, and submit to the Contracting Officer a certification in the format shown in the following Certificate of Current Cost or Pricing Data. The certification shall be submitted only at the time negotiations are concluded. Offerors should complete the certificate set forth below and return it when requested by the Contracting Officer.

CERTIFICATE OF CURRENT COST OR PRICING

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

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

3 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 has 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.

(a) The proposal shall be based on a type of contract. In addition to the special provisions of this solicitation, any ensuing contract will include the general provisions for

Any additional clauses required by public law, Executive Order, or procurement regulations, in effect at the time of execution of the proposed contract, will be included.

(b) The proposal shall be signed by an official authorized to bind your organization. copies of your proposal shall be submit

ted to: (Insert complete address as to where the proposal is to be sent and mailing instructions)

(c) You may, at your discretion, submit alternate proposals, or proposals which deviate from the requirements; Provided, That you also submit a proposal for performance of the work as specified in the statement of work. Such proposals may be considered if overall performance would be improved or not compromised, and if they are in the best interests of the Government. Alternate proposals, or deviations from any requirements of this solicitation, shall be clearly identified.

(d) The proposal submitted in response to the request for proposal may contain technical data which you or your subcontractor(s) do not want used or disclosed for any purpose other than evaluation of your proposal. The use and disclosure of any such data may be so restricted; Provided, That you mark the cover sheet of the proposal with the following legend, specifying the pages of the proposal which

ards-Nondefense

Contract (FPR § 13.1204-2(a)) and Administration of Cost Accounting Standards (FPR § 1-3.1204-1(b)) if it is awarded to a contractor's business unit that is performing a national defense contract or subcontract which is subject to cost accounting standards (CAS) pursuant to 4 CFR 331 at the time of award, except contracts which are otherwise exempt (see FPR 81-3.1203-(a) and (c)(4)). Otherwise, an award resulting from this solicitation shall be subject to the requirements of the clauses entitled Consistency of Cost Accounting Practices-Nondefense Contract (FPR § 1-3.1204-2(b)) and Administration of Cost Accounting Standards (FPR 13.1204-1(b)) if the award is (i) the first negotiated contract over $500,000 in the event the award is to a contractor's business unit that is not performing under any CAS covered national defense or nondefense contract or subcontract, or (ii) a negotiated contract over $100,000 in the event the award is to a contractor's business unit that is performing under any CAS covered national defense or nondefense contract or subcontract, except contracts which are otherwise exempt (see FPR $ 1-3.1203-2(a) and (c)(4)). This solicitation notice is not applicable to small business concerns.

CERTIFICATE OF CAS APPLICABILITY

The Offeror hereby certifies that:

a. (~) It is currently performing a negotiated national defense contract or subcontract that contains a CAS Clause (4 CFR Part 331), and it is currently required to accept that clause in any new negotiated national defense contracts it receives that are subject to CAS.

b.) It is currently performing a negotiated national defense or nondefense contract or subcontract that contains a CAS clause required by 4 CFR Part 331 or 332 or by FPR Subpart 1-3.12, but it is not required to accept the 4 CFR 331 clause in new negotiated national defense contracts or subcontracts which it receives that are subject to CAS.

c. () It is not performing any CAS covered national defense or nondefense contract or subcontract. The offeror further certifies that it will immediately notify the Contracting Officer in writing in the event that it is awarded any negotiated national defense or nondefense contract or subcontract containing any CAS clause subsequent to the date of this certificate but prior to the date of the award of a contract resulting from this solicitation.

d. ( ) It is an educational institution receiving contract awards subject to FPR Subpart 1-15.3 (FMC 73-8, OMB Circular A-21).

e.) It is a State or local government receiving contract awards subject to FPR Subpart 1-15.7 FMC 74-4, OMB Circular A-87). f. ( ) It is a hospital.

NOTE: Certain firm fixed-price neg nondefense contracts awarded on th of price competition may be determi the Contracting Officer (at the ti award) to be exempt from CAS (FP 3.1203-2(c)(4)(iv)).

ADDITIONAL CERTIFICATION-CAS APPL OFFERORS

B. ( > The offeror, subject to CAS b certifying under d, e, or f above, furth tifies that practices used in estimating in pricing this proposal are consistent the practices disclosed in the Disc Statement(s) where they have been su ted pursuant to CAS regulations (4 Part 351).

DATA REQUIRED-CAS COVERED OFFER

The offeror certifying under a or b a but not under d, e, or f above, is requir furnish the name, address (including ag or department component), and telep number of the cognizant Contracting cer administering the offeror's CAS cov contracts. If a above is checked, the off will also identify those currently effe CAS, if any, which upon award of the negotiated national defense contract or contract will become effective upon the feror.

Name of contracting officer-
Address

Telephone number

Standards not yet applicable

16. CLEAN AIR AND WATER CERTIFICATIO

(Applicable if the bid or offer exce $100,000, or the Contracting Officer has termined that orders under an indefin quantity contract in any year will exce $100,000, or a facility to be used has be the subject of a conviction under the Cle Air Act (42 U.S.C. 1857C-8(C)(1)) or t Federal Water Pollution Control Act ( U.S.C. 1319(c)) and is listed by EPA, or not otherwise exempt). The bidder or o feror certifies as follows:

a. Any facility to be utilized in the pe formance of this proposed contract has ( has not ( ), been listed on the Environmen tal Protection Agency List of Violatin Facilities.

b. It will promptly notify the Contractin Officer, prior to award, of the receipt of an communication from the Director, Office o Federal Activities, Environmental Protec tion Agency, indicating that any facility which it proposes to use for the perform ance of the contract is under consideration to be listed on the EPA List of Violating Facilities.

c. It will include substantially this certification, including this paragraph (c), in every nonexempt subcontract.

17. CERTIFICATE OF CURRENT Cost or PRICING DATA

CERTIFICATE OF CURRENT COST OR PRICING

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

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

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

(a) The proposal shall be based on a type of contract. In addition to the special provisions of this solicitation, any ensuing contract will include the general provisions for

Any additional clauses required by public law, Executive Order, or procurement regulations, in effect at the time of execution of the proposed contract, will be included.

(b) The proposal shall be signed by an official authorized to bind your organization. copies of your proposal shall be submit

ted to: (Insert complete address as to where the proposal is to be sent and mailing instructions)

are to be restricted in accordance with the conditions of the legend.

"Technical data contained in pages this proposal shall not be used or disclosed, except for evaluation purposes; Provided, That, if a contract is awarded to this offeror as a result of or in connection with the submission of this proposal, the Government shall have the right to use or disclose this technical data to the extent provided in the contract. This restriction does not limit the Government's rights to use or disclose technical data obtained from another source without restriction."

The Government assumes no liability for disclosure or use of unmarked technical data and may use or disclose the data for any purpose and may consider that the proposal was not submitted in confidence and therefore releasable under the Freedom of Information Act (5 U.S.C. 552).

(e) The Government reserves the right to reject any or all proposals received. It is understood that your proposal will become a part of the official file on this matter without obligation to the Government.

and remain in effect for each of the nonprofit organizations listed in § 330.150. These determinations and findings are applicable to all existing and future contracts entered into by the Department and its operating agencies. All contracts with these organizations which require advance payments (whether under section 305 of the Federal Property and Administrative

Services Act of 1949, as amended, or other statutory authority) shall provide for payment to be made under the appropriate Federal Reserve letter of credit. The clause set forth in § 37.5017 shall be included in all such contracts and the cognizant fiscal office shall be apprised of its inclusion.

(b) Individual contracts. In those instances where it is practical and feasible to finance an advance payment under an existing Federal Reserve letter of credit other than one which is incorporated under the single system described in paragraph (a) of this section, a determination and findings shall be submitted as prescribed in § 3-3.303-51, except where authority other than section 305 of the Federal Property and Administrative Services Act is cited. In cases where authority other than section 305 is cited a determination and findings shall be submitted to the appropriate authorizing official.

[37 FR 13260, July 6, 1972, as amended at 44 FR 36973, June 25, 1979]

Subpart 3-30.4-Advance Payments § 3-30.403

Interest.

(a) Interest will be charged on the unliquidated balance of all advance payments at a rate of 6 percent per annum except that advance payments without interest may be approved when in connection with nonprofit contracts which are without fee with educational institutions and other nonprofit organizations, whether public or private, for the performance of work involving health services, educational programs, or social service programs, including, but not limited to, such programs as:

(1) Community health representative services for an Indian Tribe or Band;

(2) Narcotic addict rehabilitative services;

(3) Comprehensive health care service program for Model Neighborhood programs;

(4) Planning and development of health maintenance organizations;

(5) Dissemination of information derived from education research;

(6) Surveys or demonstrations in the field of education;

(7) Producing or distributing educational media for handicapped persons including captioned films for the deaf; (8) Operation of language or area centers;

(9) Conduct of biomedical research and services in support thereof;

(10) Research surveys or demonstrations involving the training and placement of health manpower and health professionals, and dissemination of information related thereto;

(11) Surveys or demonstrations in the field of social service.

(b) Contracts with interest-free advance payments should provide that the contractor will charge interest at a rate of 6 percent per annum on subadvances or downpayments to subcontractors, and that interest charged on such subadvances and downpayments will be credited to the account of the Government. However, interest should not be charged on subadvances on nonprofit subcontracts which without fee with nonprofit educational or research institutions for experimental, research, or developmental work.

[37 FR 13260, July 6, 1972]

§ 3-30.408 Uses of advance payments.

are

(a) All contracts for research work with educational institutions located in the United States shall provide for financing by way of advance payments, in reasonable amounts, unless otherwise prohibited by law.

(b) The Treasury Department's letter of credit method of financing advance payments shall be employed, whenever feasible. Department-wide blanket letters of credit, which apply to the financing of all research contracts and grants between the institu

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