**REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF QUOTERS FOR
NON-COMMERCIAL ITEM ACQUISITIONS (APPLIES TO ORAL PURCHASES BETWEEN
\$3,000 AND \$100,000)**

*The government intends to place an oral purchase order for the required
goods or services with a governmentwide purchase card or third party
draft as the method of payment. If the government issues an oral
purchase order, there will be no follow-up with a written offer to buy
the goods or services. Your authorized signature herein represents your
willingness to accept this method of an offer to buy and payment of
goods or services.*

**AUTHORIZED SIGNATURE**

The representations and certifications must be executed by an individual
authorized to bind the company. The quoter makes the following
representations and certifications as part of its quote (check or
complete all appropriate boxes or blanks on the following pages).

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Name of Company) Date

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(Typed Name of Authorized (Signature of Authorized

Individual) Individual)

Note: The penalty for making false statements in offers is prescribed in
[[18 U.S.C. 1001]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+160+141++(18) %25).

### 52.204-8  Annual Representations and Certifications. (JAN 2006)

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[*insert
NAICS code*\]. (**CO will indicate)**

\(2\) The small business size standard is \_\_\_\_\_\_\_\_\_\_\_\_\_
\[*insert size standard*\]. (**CO will indicate)**

\(3\) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service contract,
but which proposes to furnish a product which it did not itself
manufacture, is 500 employees.

(b)(1) If the clause at
[[52.204-7]{.underline}](http://www.acquisition.gov/comp/far/current/html/52_200_206.html#wp1137850),
Central Contractor Registration, is included in this solicitation,
paragraph (c) of this provision applies.

\(2\) If the clause at
[[52.204-7]{.underline}](http://www.acquisition.gov/comp/far/current/html/52_200_206.html#wp1137850)
is not included in this solicitation, and the offeror is currently
registered in CCR, and has completed the ORCA electronically, the
offeror may choose to use paragraph (c) of this provision instead of
completing the corresponding individual representations and
certifications in the solicitation. The offeror shall indicate which
option applies by checking one of the following boxes:

\[  \] (i) Paragraph (c) applies.

\[  \] (ii) Paragraph (c) does not apply and the offeror has completed
the individual representations and certifications in the solicitation.
(**Provided below)**

\(c\) The offeror has completed the annual representations and
certifications electronically via the Online Representations and
Certifications Application (ORCA) website at
[[http://orca.bpn.gov]{.underline}](http://orca.bpn.gov/). After
reviewing the ORCA database information, the offeror verifies by
submission of the offer that the representations and certifications
currently posted electronically 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]{.underline}](http://www.acquisition.gov/comp/far/current/html/Subpart 4_12.html#wp1073667));
except for the changes identified below \[*offeror to insert changes,
identifying change by clause number, title, date*\]. 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     | Title                   | Date     | Change     |
|   |       | Clause  |                         |          |            |
|   |       |         |                         |          |            |
|   |       | \#      |                         |          |            |
+---+-------+---------+-------------------------+----------+------------+
|   |       |         |                         |          |            |
+---+-------+---------+-------------------------+----------+------------+
|   |       |         |                         |          |            |
+---+-------+---------+-------------------------+----------+------------+
|   |       |         |                         |          |            |
+---+-------+---------+-------------------------+----------+------------+

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)

**52.204-3  Taxpayer Identification. [(Oct 1998)]{.smallcaps}**

\(a\) *Definitions*.

"Common parent," as used in this provision, means that corporate entity
that owns or controls an affiliated group of corporations that files its
Federal income tax returns on a consolidated basis, and of which the
offeror is a member.

"Taxpayer Identification Number (TIN)," as used in this provision, means
the number required by the Internal Revenue Service (IRS) to be used by
the offeror in reporting income tax and other returns. The TIN may be
either a Social Security Number or an Employer Identification Number.

\(b\) All offerors must submit the information required in
paragraphs (d) through (f) of this provision to comply with debt
collection requirements of [[31 U.S.C. 7701(c) and
3325(d)]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++(31)  AND ((31) ADJ USC)%3ACITE         ),
reporting requirements of
[[26 U.S.C. 6041]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t26t28+2+244++(26)  AND ((26) ADJ USC)%3ACITE         ),
6041A, and 6050M, and implementing regulations issued by the IRS. If the
resulting contract is subject to the payment reporting requirements
described in Federal Acquisition Regulation (FAR)
[[4.904]{.underline}](http://www.acquisition.gov/comp/far/current/html/Subpart 4_9.html#wp1091081),
the failure or refusal by the offeror to furnish the information may
result in a 31 percent reduction of payments otherwise due under the
contract.

\(c\) The TIN may be used by the Government to collect and report on any
delinquent amounts arising out of the offeror's relationship with the
Government
([[31 U.S.C. 7701(c)(3)]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t29t32+1665+30++(31)  AND ((31) ADJ USC)%3ACITE         )).
If the resulting contract is subject to the payment reporting
requirements described in
FAR [[4.904]{.underline}](http://www.acquisition.gov/comp/far/current/html/Subpart 4_9.html#wp1091081),
the TIN provided hereunder may be matched with IRS records to verify the
accuracy of the offeror's TIN.

\(d\) *Taxpayer Identification Number (TIN)*.

 TIN:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

 TIN has been applied for.

 TIN is not required because:

 Offeror is a nonresident alien, foreign corporation, or foreign
partnership that does not have income effectively connected with the
conduct of a trade or business in the United States and does not have an
office or place of business or a fiscal paying agent in the United
States;

  Offeror is an agency or instrumentality of a foreign government;

  Offeror is an agency or instrumentality of the Federal Government.

\(e\) *Type of organization*.

  Sole proprietorship;

  Partnership;

  Corporate entity (not tax-exempt);

  Corporate entity (tax-exempt);

  Government entity (Federal, State, or local);

 Foreign government;

  International organization per 26 CFR 1.6049-4;

 Other
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(f\) *Common parent*.

  Offeror is not owned or controlled by a common parent as defined in
paragraph (a) of this provision.

 Name and TIN of common parent:

Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

TIN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(End of provision)

**52.204-6  Data Universal Numbering System (DUNS) Number (Oct 2003)**

\(a\) The offeror shall enter, in the block with its name and address on
the cover page of its offer, the annotation "DUNS" or "DUNS+4" followed
by the DUNS number or "DUNS+4" that identifies the offeror's name and
address exactly as stated in the offer. The DUNS number is a nine-digit
number assigned by Dun and Bradstreet, Inc. The DUNS+4 is the DUNS
number plus a 4-character suffix that may be assigned at the discretion
of the offeror to establish additional CCR records for identifying
alternative Electronic Funds Transfer (EFT) accounts (see
[[Subpart 32.11]{.underline}](http://www.acquisition.gov/comp/far/current/html/Subpart 32_11.html#wp1043964))
for the same parent concern.

\(b\) If the offeror does not have a DUNS number, it should contact Dun
and Bradstreet directly to obtain one.

\(1\) An offeror may obtain a DUNS number---

\(i\) If located within the United States, by calling Dun and Bradstreet
at 1-866-705-5711 or via the Internet at
[[http://www.dnb.com]{.underline}](http://www.dnb.com/); or

\(ii\) If located outside the United States, by contacting the local Dun
and Bradstreet office.

\(2\) The offeror should be prepared to provide the following
information:

\(i\) Company legal business name.

\(ii\) Tradestyle, doing business, or other name by which your entity is
commonly recognized.

\(iii\) Company physical street address, city, state and ZIP Code.

\(iv\) Company mailing address, city, state and ZIP Code (if separate
from physical).

\(v\) Company telephone number.

\(vi\) Date the company was started.

\(vii\) Number of employees at your location.

\(viii\) Chief executive officer/key manager.

\(ix\) Line of business (industry).

\(x\) Company Headquarters name and address (reporting relationship
within your entity).

(End of provision)

**NOTE: AS QUOTATIONS ARE SUBMITTED ORALLY, PROVIDE DUNS NUMBER HERE:**

**\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_**

**52.207-4  Economic Purchase Quantity---Supplies. (Aug 1987)**

\(a\) Offerors are invited to state an opinion on whether the
quantity(ies) of supplies on which bids, proposals or quotes are
requested in this solicitation is (are) economically advantageous to the
Government.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\(b\) Each offeror who believes that acquisitions in different
quantities would be more advantageous is invited to recommend an
economic purchase quantity. If different quantities are recommended, a
total and a unit price must be quoted for applicable items. An economic
purchase quantity is that quantity at which a significant price break
occurs. If there are significant price breaks at different quantity
points, this information is desired as well.

+-----------+---------------+---------------------+-------------------+
| OFFER     |               |                     |                   |
| RECOMM    |               |                     |                   |
| ENDATIONS |               |                     |                   |
+-----------+---------------+---------------------+-------------------+
| Item      | Quantity      | Price               | Total             |
|           |               |                     |                   |
|           |               | Quotation           |                   |
+-----------+---------------+---------------------+-------------------+
|           |               |                     |                   |
+-----------+---------------+---------------------+-------------------+
|           |               |                     |                   |
+-----------+---------------+---------------------+-------------------+
|           |               |                     |                   |
+-----------+---------------+---------------------+-------------------+
|           |               |                     |                   |
+-----------+---------------+---------------------+-------------------+

\(c\) The information requested in this provision is being solicited to
avoid acquisitions in disadvantageous quantities and to assist the
Government in developing a data base for future acquisitions of these
items. However, the Government reserves the right to amend or cancel the
solicitation and resolicit with respect to any individual item in the
event quotations received and the Government's requirements indicate
that different quantities should be acquired.

(End of provision)

**FAR 52.219-1 Small Business Program Representations (May 2004) (\**The
NAICS and size standard will be provided verbally by the Contract
Specialist.)***

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is \[*insert NAICS code\**\].

> \(2\) The small business size standard is \[\**insert size
> standard*\].
>
> \(3\) The small business size standard for a concern which submits an
> offer in its own name, other than on a construction or service
> contract, but which proposes to furnish a product which it did not
> itself manufacture, is 500 employees.

\(b\) *Representations*. (1) The offeror represents as part of its offer
that it \[ \] is, \[ \] is not a small business concern.

> \(2\) \[*Complete only if the offeror represented itself as a small
> business concern in paragraph (b)(1) of this provision*.\] The offeror
> represents, for general statistical purposes, that it \[ \] is, \[ \]
> is not, a small disadvantaged business concern as defined in 13 CFR
> 124.1002.
>
> \(3\) \[*Complete only if the offeror represented itself as a small
> business concern in paragraph (b)(1) of this provision*.\] The offeror
> represents as part of its offer that it \[ \] is, \[ \] is not a
> women-owned small business concern.
>
> \(4\) \[*Complete only if the offeror represented itself as a small
> business concern in paragraph (b)(1) of this provision*.\] The offeror
> represents as part of its offer that it \[ \] is, \[ \] is not a
> veteran-owned small business concern.
>
> \(5\) \[*Complete only if the offeror represented itself as a
> veteran-owned small business concern in paragraph (b)(4) of this
> provision*.\] The offeror represents as part of its offer that it \[
> \] is, \[ \] is not a service-disabled veteran-owned small business
> concern.
>
> \(6\) \[*Complete only if offeror represented itself as a small
> business concern in paragraph (b)(1) of this provision.*\] The offeror
> represents, as part of its offer, that -
>
> \(i\) It \[ \] is, \[ \] is not a HUBZone small business concern
> listed, on the date of this representation, on the List of Qualified
> HUBZone Small Business Concerns maintained by the Small Business
> Administration, and no material change in ownership and control,
> principal office, or HUBZone employee percentage has occurred since it
> was certified by the Small Business Administration in accordance with
> 13 CFR Part 126; and
>
> \(ii\) It \[ \] is, \[ \] is not a joint venture that complies with
> the requirements of 13 CFR Part 126, and the representation in
> paragraph (b)(6)(i) of this provision is accurate for the HUBZone
> small business concern or concerns that are participating in the joint
> venture. \[*The offeror shall enter the name or names of the HUBZone
> small business concern or concerns that are participating in the joint
> venture*: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\] Each
> HUBZone small business concern participating in the joint venture
> shall submit a separate signed copy of the HUBZone representation.

\(c\) *Definitions*. As used in this provision -

"Service-disabled veteran-owned small business concern" -

\(1\) Means a small business concern -

> \(i\) Not less than 51 percent of which is owned by one or more
> service-disabled veterans or, in the case of any publicly owned
> business, not less than 51 percent of the stock of which is owned by
> one or more service-disabled veterans; and
>
> \(ii\) The management and daily business operations of which are
> controlled by one or more service-disabled veterans or, in the case of
> a service-disabled veteran with permanent and severe disability, the
> spouse or permanent caregiver of such veteran.

\(2\) "Service-disabled veteran" means a veteran, as defined in
[[38 U.S.C. 101(2)]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++(38)  AND ((38) ADJ USC)%3ACITE         ),
with a disability that is service-connected, as defined in
[[38 U.S.C. 101(16)]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++(38)  AND ((38) ADJ USC)%3ACITE         ).

"Small business concern" 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 criteria in 13 CFR Part 121 and the size
standard in paragraph (a) of this provision.

"Veteran-owned small business concern" means a small business concern---

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at
[[38 U.S.C. 101(2)]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t37t40+200+2++(38)  AND ((38) ADJ USC)%3ACITE         ))
or, in the case of any publicly owned business, not less than 51 percent
of the stock of which is owned by one or more veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

"Women-owned small business concern" means a small business concern---

\(1\) That is at least 51 percent owned by one or more women; or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

\(d\) Notice.

\(1\) If this solicitation is for supplies and has been set aside, in
whole or in part, for small business concerns, then the clause in this
solicitation providing notice of the set-aside contains restrictions on
the source of the end items to be furnished.

\(2\) Under
[[15 U.S.C. 645(d)]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+492+90++(15)  AND ((15) ADJ USC)%3ACITE         ),
any person who misrepresents a firm's status as a small, HUBZone small,
small disadvantaged, or women-owned small business concern in order to
obtain a contract to be awarded under the preference programs
established pursuant to section 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---

\(i\) Be punished by imposition of fine, imprisonment, or both;

\(ii\) Be subject to administrative remedies, including suspension and
debarment; and

\(iii\) Be ineligible for participation in programs conducted under the
authority of the Act.

(End of provision)

**52.222-22  Previous Contracts and Compliance Reports. (Feb 1999)**

The offeror represents that---

\(a\) It   has,   has not participated in a previous contract or
subcontract subject to the Equal Opportunity clause of this
solicitation;

\(b\) It   has,   has not filed all required compliance reports; and

\(c\) Representations indicating submission of required compliance
reports, signed by proposed subcontractors, will be obtained before
subcontract awards.

(End of provision)

**52.222-25  Affirmative Action Compliance.**
[**(Apr 1984)**]{.smallcaps}

The offeror represents that---

\(a\) It    has developed and has on file,   has not developed and
does not have on file, at each establishment, affirmative action
programs required by the rules and regulations of the Secretary of Labor
(41 CFR 60-1 and 60-2); or

\(b\) It   has not previously had contracts subject to the written
affirmative action programs requirement of the rules and regulations of
the Secretary of Labor.

(End of provision)

**52.222-48  Exemption from Application of the Service Contract Act to
Contracts for Maintenance, Calibration, or Repair of Certain Equipment
Certification. [(Nov 2007)]{.smallcaps}**

**(*Complete Only If The Acquisition Is For Services And The Contracting
Officer Determines That The Services Are Exempt From The Service
Contract Act Coverage)***

\(a\) The offeror shall check the following certification:

[Certification]{.smallcaps}

> The offeror **** does **** does not certify that---

\(1\) The items of equipment to be serviced under this contract are used
regularly for other than Government purposes, and are sold or traded by
the offeror in substantial quantities to the general public in the
course of normal business operations;

\(2\) The services will be furnished at prices which are, or are based
on, established catalog or market prices for the maintenance,
calibration, or repair of equipment.

\(i\) An "established catalog price" is a price included in a catalog,
price list, schedule, or other form that is regularly maintained by the
manufacturer or the offeror, is either published or otherwise available
for inspection by customers, and states prices at which sales currently,
or were last, made to a significant number of buyers constituting the
general public.

\(ii\) An "established market price" is a current price, established in
the usual course of trade between buyers and sellers free to bargain,
which can be substantiated from sources independent of the manufacturer
or offeror; and

\(3\) The compensation (wage and fringe benefits) plan for all service
employees performing work under the contract are the same as that used
for these employees and equivalent employees servicing the same
equipment of commercial customers.

\(b\) Certification by the offeror as to its compliance with respect to
the contract also constitutes its certification as to compliance by its
subcontractor if it subcontracts out the exempt services. If the offeror
certifies to the conditions in paragraph (a) of this provision, and the
Contracting Officer determines in accordance with FAR
[[22.1003-4]{.underline}](http://www.acquisition.gov/comp/far/current/html/Subpart 22_10.html#wp1105165)(c)(3)
that the Service Contract Act---

\(1\) Will not apply to this offeror, then the Service Contract Act of
1965 clause in this solicitation will not be included in any resultant
contract to this offeror; or

\(2\) Will apply to this offeror, then the clause at
[[52.222-51]{.underline}](http://www.acquisition.gov/comp/far/current/html/52_222.html#wp1155380),
Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment-Requirements,
in this solicitation will not be included in any resultant contract
awarded to this offeror, and the offeror may be provided an opportunity
to submit a new offer on that basis.

\(c\) If the offeror does not certify to the conditions in paragraph (a)
of this provision---

\(1\) The clause in this solicitation at
[[52.222-51]{.underline}](http://www.acquisition.gov/comp/far/current/html/52_222.html#wp1155380),
Exemption from Application of the Service Contract Act to Contracts for
Maintenance, Calibration, or Repair of Certain Equipment---Requirements,
will not be included in any resultant contract awarded to this offeror;
and

\(2\) The offeror shall notify the Contracting Officer as soon as
possible, if the Contracting Officer did not attach a Service Contract
Act wage determination to the solicitation.

\(d\) The Contracting Officer may not make an award to the offeror, if
the offeror fails to execute the certification in paragraph (a) of this
provision or to contact the Contracting Officer as required in paragraph
(c) of this provision.

(End of provision)

**52.222-52  Exemption from Application of the Service Contract Act to
Contracts for Certain Services---Certification.** [**(Nov
2007)**]{.smallcaps}

**(*Complete Only If The Acquisition Is For Services And The Contracting
Officer Determines That The Services Are Exempt From The Service
Contract Act Coverage***

\(a\) The offeror shall check the following certification:

[Certification]{.smallcaps}

> The offeror **** does **** does not certify that---

\(1\) The services under the contract are offered and sold regularly to
non-Governmental customers, and are provided by the offeror (or
subcontractor in the case of an exempt subcontract) to the general
public in substantial quantities in the course of normal business
operations;

\(2\) The contract services are furnished at prices that are, or are
based on, established catalog or market prices. An "established catalog
price" is a price included in a catalog, price list, schedule, or other
form that is regularly maintained by the manufacturer or the offeror, is
either published or otherwise available for inspection by customers, and
states prices at which sales currently, or were last, made to a
significant number of buyers constituting the general public. An
"established market price" is a current price, established in the usual
course of ordinary and usual trade between buyers and sellers free to
bargain, which can be substantiated from sources independent of the
manufacturer or offeror;

\(3\) Each service employee who will perform the services under the
contract will spend only a small portion of his or her time (a monthly
average of less than 20 percent of the available hours on an annualized
basis, or less than 20 percent of available hours during the contract
period if the contract period is less than a month) servicing the
Government contract; and

\(4\) The offeror uses the same compensation (wage and fringe benefits)
plan for all service employees performing work under the contract as the
offeror uses for these employees and for equivalent employees servicing
commercial customers.

\(b\) Certification by the offeror as to its compliance with respect to
the contract also constitutes its certification as to compliance by its
subcontractor if it subcontracts out the exempt services. If the offeror
certifies to the conditions in paragraph (a) of this provision, and the
Contracting Officer determines in accordance with FAR
[[22.1003-4]{.underline}](http://www.acquisition.gov/comp/far/current/html/Subpart 22_10.html#wp1105165)(d)(3)
that the Service Contract Act---

\(1\) Will not apply to this offeror, then the Service Contract Act of
1965 clause in this solicitation will not be included in any resultant
contract to this offeror; or

\(2\) Will apply to this offeror, then the clause at FAR
[[52.222-53]{.underline}](http://www.acquisition.gov/comp/far/current/html/52_222.html#wp1155440),
Exemption from Application of the Service Contract Act to Contracts for
Certain Services---Requirements, in this solicitation will not be
included in any resultant contract awarded to this offer, and the
offeror may be provided an opportunity to submit a new offer on that
basis.

\(c\) If the offeror does not certify to the conditions in paragraph (a)
of this provision---

\(1\) The clause of this solicitation at
[[52.222-53]{.underline}](http://www.acquisition.gov/comp/far/current/html/52_222.html#wp1155440),
Exemption from Application of the Service Contract Act to Contracts for
Certain Services---Requirements, will not be included in any resultant
contract to this offeror; and

\(2\) The offeror shall notify the Contracting Officer as soon as
possible if the Contracting Officer did not attach a Service Contract
Act wage determination to the solicitation.

\(d\) The Contracting Officer may not make an award to the offeror, if
the offeror fails to execute the certification in paragraph (a) of this
provision or to contact the Contracting Officer as required in paragraph
(c) of this provision. (End of provision)

**FAR 52.223-1 Biobased Product Certification (Dec 2007)**

**(*Applies to orders in which an
[USDA-designated](http://www.biobased.oce.usda.gov/fb4p/DesignationItemList.aspx?SMSESSION=NO)
product has been identified*)**

As required by the Farm Security and Rural Investment Act of 2002 and
the Energy Policy Act of 2005 ([[7 U.S.C.
8102(c)(3)]{.underline}](../%20http://uscode.house.gov/)), the offeror
certifies, by signing this offer, that biobased products (within
categories of products listed by the United States Department of
Agriculture in 7 CFR part 2902, subpart B) to be used or delivered in
the performance of the contract, other than biobased products that are
not purchased by the offeror as a direct result of this contract, will
comply with the applicable specifications or other contractual
requirements.

(End of provision)

**FAR 52.223-4  Recovered Material Certification (May 2008) -**
**(*Applies to orders in which an [EPA
designated](http://www.epa.gov/epaoswer/non-hw/procure/products.htm)
product has been identified*)**

[Recovered Material Certification (May 2008)]{.smallcaps}

As required by the Resource Conservation and Recovery Act of 1976
([[42 U.S.C. 6962(c)(3)(A)(i)]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t41t42+250+1286++(42)  AND ((42) ADJ USC)%3ACITE         )),
the offeror certifies, by signing this offer, that the percentage of
recovered materials content for EPA-designated items to be delivered or
used in the performance of the contract will be at least the amount
required by the applicable contract specifications or other contractual
requirements.

(End of provision)

**FAR 52.225-2 Buy American Act Certificate (June 2003)**

**(*complete only if: (1) your quote is for supplies or for services
([other than information technology that is a commercial
item]{.underline}) involving the furnishing of supplies, for use in the
United States; (2) your quote for supplies or the supply portion of a
service contract exceeds \$2,500 and this acquisition was set-aside for
small business concerns; OR (3) your quote for supplies or the supply
portion of a service contract exceeds \$2,500 but does not exceed
\$25,000, and this acquisition was not set-aside for small business
concerns, and (4) the solicitation contains the clause at
[52.225-1](http://www.acquisition.gov/comp/far/current/html/52_223_226.html#wp1168995).***

\(a\) The offeror certifies that each end product, except those listed
in paragraph (b) of this provision, is a domestic end product and that
the offeror has considered components of unknown origin to have been
mined, produced, or manufactured outside the United States. The offeror
shall list as foreign end products those end products manufactured in
the United States that do not qualify as domestic end products. The
terms "component," "domestic end product," "end product," "foreign end
product," and "United States" are defined in the clause of this
solicitation entitled "Buy American Act---Supplies."

\(b\) Foreign End Products:

Line Item No. Country of Origin

\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[List as necessary\]

\(c\) The Government will evaluate offers in accordance with the
policies and procedures of Part 25 of the Federal Acquisition
Regulation.

(End of provision)

**52.225-18  Place of Manufacture.** **(Sept 2006) (*Applies only when
the solicitation is predominantly for the acquisition of manufactured
end products as defined below in this provision.)***

\(a\) *Definitions*. As used in this clause---

*" Manufactured end product"* means any end product in [Federal Supply
Classes (FSC)](http://www.dlis.dla.mil/PDFs/h2.pdf) 1000-9999, except---

> \(1\) FSC 5510, Lumber and Related Basic Wood Materials;
>
> \(2\) Federal Supply Group (FSG) 87, Agricultural Supplies;
>
> \(3\) FSG 88, Live Animals;
>
> \(4\) FSG 89, Food and Related Consumables;
>
> \(5\) FSC 9410, Crude Grades of Plant Materials;
>
> \(6\) FSC 9430, Miscellaneous Crude Animal Products, Inedible;
>
> \(7\) FSC 9440, Miscellaneous Crude Agricultural and Forestry
> Products;
>
> \(8\) FSC 9610, Ores;
>
> \(9\) FSC 9620, Minerals, Natural and Synthetic; and
>
> \(10\) FSC 9630, Additive Metal Materials.

*"Place of manufacture*" means the place where an end product is
assembled out of components, or otherwise made or processed from raw
materials into the finished product that is to be provided to the
Government. If a product is disassembled and reassembled, the place of
reassembly is not the place of manufacture.

\(b\) For statistical purposes only, the offeror shall indicate whether
the place of manufacture of the end products it expects to provide in
response to this solicitation is predominantly---

\(1\)  In the United States (Check this box if the total anticipated
price of offered end products manufactured in the United States exceeds
the total anticipated price of offered end products manufactured outside
the United States); or

\(2\)  Outside the United States.

(End of provision)

**52.225-20  Prohibition on Conducting Restricted Business Operations in
Sudan**---**Certification.** [(June 2008)]{.smallcaps}

\(a\) *Definitions*. As used in this provision---

"Business operations" means engaging in commerce in any form, including
by acquiring, developing, maintaining, owning, selling, possessing,
leasing, or operating equipment, facilities, personnel, products,
services, personal property, real property, or any other apparatus of
business or commerce.

"Marginalized populations of Sudan" means---

\(1\) Adversely affected groups in regions authorized to receive
assistance under section 8(c) of the Darfur Peace and Accountability Act
(Pub. L. 109-344) ([[50 U.S.C. 1701
note]{.underline}](http://uscode.house.gov/)); and

\(2\) Marginalized areas in Northern Sudan described in section 4(9) of
such Act.

"Person" means---

\(1\) A natural person, corporation, company, business association,
partnership, society, trust, any other nongovernmental entity,
organization, or group;

\(2\) [[Any governmental entity or instrumentality of a government,
including a multilateral development institution (as defined in section
1701(c)(3) of the International Financial Institutions Act (22 U.S.C.
262r(c)(3)); and]{.underline}](http://uscode.house.gov/)

\(3\) Any successor, subunit, parent company or subsidiary of any entity
described in paragraphs (1) or (2) of this definition.

"Restricted business operations" means business operations in Sudan that
include power production activities, mineral extraction activities,
oil-related activities, or the production of military equipment, as
those terms are defined in the Sudan Accountability and Divestment Act
of 2007 (Pub. L. 110-174). Restricted business operations do not include
business operations that the person conducting the business can
demonstrate---

\(1\) Are conducted under contract directly and exclusively with the
regional government of southern Sudan;

\(2\) Are conducted pursuant to specific authorization from the Office
of Foreign Assets Control in the Department of the Treasury, or are
expressly exempted under Federal law from the requirement to be
conducted under such authorization;

\(3\) Consist of providing goods or services to marginalized populations
of Sudan;

\(4\) Consist of providing goods or services to an internationally
recognized peacekeeping force or humanitarian organization;

\(5\) Consist of providing goods or services that are used only to
promote health or education; or

\(6\) Have been voluntarily suspended.

\(b\) *Certification*. By submission of its offer, the offeror certifies
that it does not conduct any restricted business operations in Sudan.

(End of provision)

**52.226-2  Historically Black College or University and Minority
Institution Representation.** **[(OCT 2008)]{.smallcaps} (*Applies to
research, studies, supplies or services of the type normally acquired
from higher educational institutions*)**

\(a\) *Definitions*. As used in this provision---

"Historically black college or university" means an institution
determined by the Secretary of Education to meet the requirements of
34 CFR 608.2. For the Department of Defense, the National Aeronautics
and Space Administration, and the Coast Guard, the term also includes
any nonprofit research institution that was an integral part of such a
college or university before November 14, 1986.

"Minority institution" means an institution of higher education meeting
the requirements of Section 365(3) of the Higher Education Act of 1965
([[20 U.S.C. 1067k]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+2890+133++(20)  AND ((20) ADJ USC)%3ACITE         ))
including a Hispanic-serving institution of higher education, as defined
in Section 502(a) of the Act
([[20 U.S.C. 1101a]{.underline}](http://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t17t20+2890+133++(20)  AND ((20) ADJ USC)%3ACITE         ))).

\(b\) *Representation*. The offeror represents that it---

>  is  is not a historically black college or university;
>
>  is  is not a minority institution.

(End of provision)

**52.226-3  Disaster or Emergency Area Representation.**
**[(Nov 2007)]{.smallcaps}**

**(*Applies only if CO has indicated that this acquisition has been
set-aside under the authority of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act
([[42 U.S.C. 5150]{.underline}](http://uscode.house.gov/)), which
provides a preference for local organizations, firms, and individuals
when contracting for major disaster or emergency assistance activities.
)***

\(a\) *Set-aside area.* The area covered in this contract is:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\[*Contracting Officer to fill in with definite geographic
boundaries.*\]

\(b\) *Representations.* The offeror represents that it o does o does
not reside or primarily do business in the designated set-aside area.

\(c\) An offeror is considered to be residing or primarily doing
business in the set-aside area if, during the last twelve months---

\(1\) The offeror had its main operating office in the area; and

\(2\) That office generated at least half of the offeror's gross
revenues and employed at least half of the offeror's permanent
employees.

\(d\) If the offeror does not meet the criteria in paragraph (c) of this
provision, factors to be considered in determining whether an offeror
resides or primarily does business in the set-aside area include---

\(1\) Physical location(s) of the offeror's permanent office(s) and date
any office in the set-aside area(s) was established;

\(2\) Current state licenses;

\(3\) Record of past work in the set-aside area(s) (*e.g.*, how much and
for how long);

\(4\) Contractual history the offeror has had with subcontractors and/or
suppliers in the set-aside area;

\(5\) Percentage of the offeror's gross revenues attributable to work
performed in the set-aside area;

\(6\) Number of permanent employees the offeror employs in the set-aside
area;

\(7\) Membership in local and state organizations in the set-aside area;
and

\(8\) Other evidence that establishes the offeror resides or primarily
does business in the set-aside area. For example, sole proprietorships
may submit utility bills and bank statements.

\(e\) If the offeror represents it resides or primarily does business in
the set-aside area, the offeror shall furnish documentation to support
its representation if requested by the Contracting Officer. The
solicitation may require the offeror to submit with its offer
documentation to support the representation.

(End of provision)

Revised 10/17/08 through FAC 2005-27