As prescribed in 19.304(a), insert the following provision:
SMALL BUSINESS CONCERN REPRESENTATION (FEB 1990)
(a) Representation.
The offeror represents and certifies as part of its offer that it
[ ] is, [ ] is not a small business concern and that [ ] all, [ ]
not all end items to be furnished will be manufactured or produced by
a small business concern in the United States, its territories or
possessions, Puerto Rico or the Trust Territory of the Pacific Islands.
(b) Definition.
'Small business concern,' as used in this provision, 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 size standards in
this solicitation.
(c) Notice.
Under 15 U.S.C.645(d), any person who misrepresents a firm's status as a
small business concern in paragraph (a) of this clause in order to obtain
a contract to be awarded under the preference programs established
pursuant to sections 8(a),8(d),9, or 15 of the Small Business Act or any
other provision of Federal law that specifically references section 8(d)
for a definition of program eligibility, shall (1) be punished by
imposition of a fine, imprisonment, or both; (2) be subject to
administrative remedies and (3) be ineligible for participation in
programs conducted under the authority of the Act.
(End of provision)
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