SECTION K

**REPRESENTATIONS, CERTIFICATIONS AND**

**OTHER STATEMENTS OF OFFERORS**

**K.1 52.252-2 Clauses Incorporated by Reference (FEB 1998)**

This contract incorporates one or more clauses by reference, with the
same force and effect as if they were given in full text. Upon request,
the Contracting Officer will make their full text available. Also, the
full text of a clause may be accessed electronically at this address:
<http://www.arnet.gov/far>

**FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER 1)**

**SOLICITATION PROVISIONS**

# Provision No. Provision Title Date

52.203-11 Certification and Disclosure (APR 1991)

Regarding Payments to Influence

Certain Federal Transactions

**K.2 52.203-2 Certificate of Independent Price Determination (APR
1985)**

\(a\) The offeror certifies that\--

\(1\) The prices in this offer have been arrived at independently,
without, for the purpose of restricting competition, any consultation,
communication, or agreement with any other offeror or competitor
relating to (i) those prices, (ii) the intention to submit an offer, or
(iii) the methods or factors used to calculate the prices offered;

\(2\) The prices in this offer have not been and will not be knowingly
disclosed by the offeror, directly or indirectly, to any other offeror
or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a sealed bid
solicitation) unless otherwise required by law; and

\(3\) No attempt has been made or will be made by the offeror to induce
any other concern to submit or not to submit an offer for the purpose of
restricting competition.

\(b\) Each signature on the offer is considered to be a certification by
the signatory that the signatory\--

\(1\) Is the person in the offeror\'s organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to subparagraphs (a)(1) through (a)(3) of this
provision; or

(2)(i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(1) through (a)(3) of this
provision\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\[Insert full name of person(s) in the offeror\'s organization
responsible for determining the prices offered in this bid or proposal,
and the title of this or her position in the offeror\'s organization\];

\(ii\) As an authorized agent, does certify that the principals named in
subdivision (b)(2)(i) of this provision have not participated, and will
not participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) of this provision; and

\(iii\) As an agent, has not personally participated, and will not
participate, in any action contrary to subparagraphs (a)(1) through
(a)(3) of this provision.

\(c\) If the offeror deletes or modifies subparagraphs (a)(2) of this
provision, the offeror must furnish with its offer a signed statement
setting forth in detail the circumstances of the disclosure.

**(End of Provision)**

**K.3 52.204-3 Taxpayer Identification (OCT 1998)**

\(a\) 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), reporting requirements of
26 U.S.C. 6041, 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,
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)). If the resulting contract is subject
to the payment reporting requirements described in FAR 4.904, 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)**

**K.4 52.209-5 Certification Regarding Debarment, Suspension,**

**Proposed Debarment, and Other Responsibility Matters** **(DEC 2001)**

(a)(1) The Offeror certifies, to the best of its knowledge and belief,
that\--

\(i\) The Offeror and/or any of its Principals\--

\(A\) Are ( ) are not ( ) presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any
Federal agency;

\(B\) Have ( ) have not ( ), within a three-year period preceding this
offer, been convinced 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, tax evasion, or receiving stolen
property; and

\(C\) Are ( ) are not ( ) presently indicted for, or otherwise
criminally or civilly charged by a government entity with, commission of
any of the offenses enumerated in subdivision (a)(1)(i)(B) of this
provision.

\(ii\) The Offeror has ( )has not ( ), within a three-year period
preceding this offer, had one or more contracts terminated for default
by any Federal agency.

\(2\) \"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).

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN
AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR
FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION
UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

\(b\) The Offeror shall provide immediate written notice to the
Contracting Officer if, at any time prior to contract award, the Offeror
learns that its certification was erroneous when submitted or has become
erroneous by reason of changed circumstances.

\(c\) A certification that any of the items in paragraph (a) of this
provision exists will not necessarily result in withholding of an award
under this solicitation. However, the certification will be considered
in connection with a determination of the Offeror\'s responsibility.
Failure of the Offeror to furnish a certification or provide such
additional information as requested by the Contracting Officer may
render the Offeror nonresponsible.

\(d\) Nothing contained in the foregoing shall be construed to require
establishment of a system of records in order to render, in good faith,
the certification required by paragraph (a) of this provision. The
knowledge and information of an Offeror is not required to exceed that
which is normally possessed by a prudent person in the ordinary course
of business dealings.

\(e\) The certification in paragraph (a) of this provision is a material
representation of fact upon which reliance was placed when making award.
If it is later determined that the Offeror knowingly rendered an
erroneous certification, in addition to other remedies available to the
Government, the Contracting Officer may terminate the contract resulting
from this solicitation for default.

**(End of Provision)**

**K.5 52.215-6 Place of Performance (OCT 1997)**

\(a\) The offeror or respondent, in the performance of any contract
resulting from this solicitation, \[ \] intends, \[ \] does not intend
\[check applicable block\] to use one or more plants or facilities
located at a different address from the address of the offeror or
respondent as indicated in this proposal or response to request for
information.

\(b\) If the offeror or respondent checks \"intends\" in paragraph (a)
of this provision, it shall insert in the following spaces the required
information:

Place of Performance Name and Address of Owner

(Street Address, City, and Operator of the Plant or Facility

County, Zip Code) if Other than Offeror or Respondent

**(End of Provision)**

**K.6 52.219-1 Small Business Program Representations -- Alternate I
(APR 2002)**

(a)(1) The National American Industry Classification System (NAICS) for
this acquisition is 541511, 541512, 541513, 518210, 541519, 516110,
519190, 517110.

\(2\) The small business size standards are as follows:

yes/no

FA 1. 541511 \$21 Million \_\_\_\_\_\_

FA 2. 541512 \$21 Million \_\_\_\_\_\_

FA 3. 541513 \$21 Million \_\_\_\_\_\_

FA 4. 518210 \$21 Million \_\_\_\_\_\_

FA 5. 541519 \$21 Million \_\_\_\_\_\_

FA 6. 516110 500 Employees \_\_\_\_\_\_

FA 7. 519190 \$6 Million \_\_\_\_\_\_

FA 8. 517110 1500 Employees \_\_\_\_\_\_

\(3\) 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.

\(6\) \[Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.\] The offeror
represents, as part of its offer, that-

\(i\) 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.

\(7\) \[Complete if offeror represented itself as disadvantaged in
paragraph (b)(2) of this provision.\] The offeror shall check the
category in which its ownership falls:

\_\_\_\_\_ Black American.

\_\_\_\_\_ Hispanic American.

\_\_\_\_\_ Native American (American Indians, Eskimos, Aleuts, or Native
Hawaiians).

\_\_\_\_\_ Asian-Pacific American (persons with origins from Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust
Territory of the Pacific Islands (Republic of Palau), Republic of the
Marshall Islands, Federated States of Micronesia, the Commonwealth of
the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji,
Tonga, Kiribati, Tuvalu, or Nauru).

\_\_\_\_\_ Subcontinent Asian (Asian-Indian) American (persons with
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the
Maldives Islands, or Nepal).

\_\_\_\_\_ Individual/concern, other than one of the preceding.

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

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

(1) Means a small business concern-

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(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 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), with a disability that is service-connected, as defined in 38
U.S.C. 101(16).

\"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)) 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), 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-

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(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)**

**K.7 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 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)**

**K.8 52.222-25 Affirmative Action Compliance (APR 1984)**

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 written affirmative
action programs requirement of the rules and regulations of the
Secretary of Labor.

**(End of Provision)**

K.9 52.222-38 Compliance with Veterans\' Employment Reporting
Requirements (Dec 2001)

By submission of its offer, the offeror represents that, if it is
subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., if it
has any contract containing Federal Acquisition Regulation clause
52.222-37, Employment Reports on Special Disabled Veterans, Veterans of
the Vietnam Era, and Other Eligible Veterans), it has submitted the most
recent VETS-100 Report required by that clause.

**(End of Provision)**

K.10 52.223-13 Certification of Toxic Chemical Release Reporting

(JUN 2003)

\(a\) Submission of this certification is a prerequisite for making or
entering into this contract imposed by Executive Order 12969, August 8,
1995.

\(b\) By signing this offer, the offeror certifies that\--

\(1\) As the owner or operator of facilities that will be used in the
performance of this contract that are subject to the filing and
reporting requirements described in section 313 of the Emergency
Planning and Community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C.
11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA)
(42 U.S.C. 13106), the offeror will file and continue to file for such
facilities for the life of the contract the Toxic Chemical Release
Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA
and section 6607 of PPA; or

\(2\) None of its owned or operated facilities to be used in the
performance of this contract is subject to the Form R filing and
reporting requirements because each such facility is exempt for at least
one of the following reasons: \[Check each block that is applicable.\]

\[ \] (i) The facility does not manufacture, process, or otherwise use
any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C.
11023(c);

\[ \] (ii) The facility does not have 10 or more full-time employees as
specified in section 313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

\[ \] (iii) The facility does not meet the reporting thresholds of toxic
chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f)
(including the alternate thresholds at 40 CFR 372.27, provided an
appropriate certification form has been filed with EPA);

\[ \] (iv) The facility does not fall within Standard Industrial
Classification Code (SIC) major groups 20 through 39 or their
corresponding North American Industry Classification System (NAICS)
sectors 31 though 33; or;

\[ \] (v) The facility is not located within any State of the United
States or its outlying areas.

**(End of Provision)**