# PART IV - REPRESENTATIONS AND INSTRUCTIONS

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# SECTION K - REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS

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# \[KCDE\]K.1 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS 

TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (FAR 52.203-11) (APR 1991)

\(a\) The definitions and prohibitions contained in the clause, at FAR
52.203-12, Limitation on Payments to Influence Certain Federal
Transactions, included in this solicitation, are hereby incorporated by
reference in paragraph (b) of this certification.

\(b\) The offeror, by signing its offer, hereby certifies to the best of
his or her knowledge and belief that on or after December 23, 1989,\--

\(1\) No Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress on his or her behalf in
connection with the awarding of any Federal contract, the making of any
Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal,
amendment or modification of any Federal contract, grant, loan, or
cooperative agreement;

\(2\) If any funds other than Federal appropriated funds (including
profit or fee received under a covered Federal transaction) have been
paid, or will be paid, to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress
on his or her behalf in connection with this solicitation, the offeror
shall complete and submit, with its offer, OMB standard form LLL,
Disclosure of Lobbying Activities, to the Contracting Officer; and

\(3\) He or she will include the language of this certification in all
subcontract awards at any tier and require that all recipients of
subcontract awards in excess of \$100,000 shall certify and disclose
accordingly.

\(c\) Submission of this certification and disclosure is a prerequisite
for making or entering into this contract imposed by section 1352, title
31, United States Code. Any person who makes an expenditure prohibited
under this provision or who fails to file or amend the disclosure form
to be filed or amended by this provision, shall be subject to a civil
penalty of not less than \$10,000, and not more than \$100,000, for each
such failure.

(End of provision)

# \[KCDE\]K.2 TAXPAYER IDENTIFICATION (FAR 52.204-3) (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)

# \[KCDE\]K.3 WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) 

(FAR 52.204-5) (MAY 1999)

\(a\) Definition. \"Women-owned business concern,\" as used in this
provision, means a concern 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 its stock is owned by one or more women; and whose management
and daily business operations are controlled by one or more women.

\(b\) Representation. \[Complete only if the offeror is a women- owned
business concern and has not represented itself as a small business
concern in paragraph (b)(1) of FAR 52.219-1, Small Business Program
Representations, of this solicitation.\] The offeror represents that it
\[ \] is a women-owned business concern.

(End of provision)

# \[KCDE\]K.4 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED 

DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (FAR 52.209-5) (JAN 2001)
\[THIS DATE STAYED INDEFINITELY. PLEASE USE THE PROVISION DATE BELOW.\]
(APR 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 the three-year period preceding
this offer, been convicted 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; \[This language stayed indefinitely. Please use paragraph

(a)(1)(i)(D) below.\]

\(C\) Are \[ \] are not \[ \] presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in paragraph

(a)(1)(i)(B) of this provision; and \[This language stayed indefinitely.
Please use paragraph (a)(1)(i)(E) below.\]

\(D\) Have \[ \] have not \[ \], within a three-year period preceding
this offer, been convicted 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

\(E\) Are \[ \] are not \[ \] presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in subdivision

(a)(1)(i)(D) of this provision.

(ii)(A) \[This paragraph (a)(1)(ii) is stayed indefinitely.\] The
offeror, aside from the offenses enumerated in paragraphs

(a)(1)(i)(A), (B), and (C) of this provision, has \[ \] has not \[ \]
within the past three years, relative to tax, labor and employment,
environmental, antitrust, or consumer protection laws\--

\(1\) Been convicted of a Federal or State felony (or has any Federal or
State felony indictments currently pending against them); or

\(2\) Had a Federal court judgment in a civil case brought by the United
States rendered against them; or

\(3\) Had an adverse decision by a Federal administrative law judge,
board, or commission indicating a willful violation of law.

\(B\) If the offeror has responded affirmatively, the offeror shall
provide additional information if requested by the Contracting Officer;
and

\(iii\) 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)

# \[KCDE\]K.5 PLACE OF PERFORMANCE (FAR 52.215-6) (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:

Name and Address of Owner Place of Performance (Street and Operator of
the Plant or Address, City, State, County, Facility If Other Than
Offeror Zip Code) or Respondent

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

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

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

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

(End of Provision)

# \[KCDE\]K.6 SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1) 

(MAY 2001) (ALTERNATE I) (OCT 2000) (ALTERNATE II) (OCT 2000)

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is 541710.

\(2\) The small business size standard is 1000 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.

\(6\) \[Complete only if offeror represented itself as a small business
concern in paragraph (b)(1) of this provision.\] 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 of
ownership, 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\--

\(i\) 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\--

\(i\) 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)

# \[KCDE\]K.7 SMALL DISADVANTAGED BUSINESS STATUS (52.219-22) (OCT 1999) 

\(a\) General. This provision is used to assess an offeror\'s small
disadvantaged business status for the purpose of obtaining a benefit on
this solicitation. Status as a small business and status as a small
disadvantaged business for general statistical purposes is covered by
the provision at FAR 52.219-1, Small Business Program Representation.

\(b\) Representations. (1) General. The offeror represents, as part of
its offer, that it is a small business under the size standard
applicable to this acquisition; and either\--

\[ \] (i) It has received certification by the Small Business
Administration as a small disadvantaged business concern consistent with
13 CFR 124, Subpart B; and

\(A\) No material change in disadvantaged ownership and control has
occurred since its certification;

\(B\) Where the concern is owned by one or more disadvantaged
individuals, the net worth of each individual upon whom the
certification is based does not exceed \$750,000 after taking into
account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

\(C\) It is identified, on the date of its representation, as a
certified small disadvantaged business concern in the database
maintained by the Small Business Administration (PRO-Net); or

\[ \] (ii) It has submitted a completed application to the Small
Business Administration or a Private Certifier to be certified as a
small disadvantaged business concern in accordance with 13 CFR 124,
Subpart B, and a decision on that application is pending, and that no
material change in disadvantaged ownership and control has occurred
since its application was submitted.

\(2\) \[ \] For Joint Ventures. The offeror represents, as part of its
offer, that it is a joint venture that complies with the requirements at
13 CFR 124.1002(f) and that the representation in paragraph (b)(1) of
this provision is accurate for the small disadvantaged business concern
that is participating in the joint venture. \[The offeror shall enter
the name of the small disadvantaged business concern that is
participating in the joint
venture:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\]

\(c\) Penalties and Remedies. Anyone who misrepresents any aspects of
the disadvantaged status of a concern for the purposes of securing a
contract or subcontract shall\--

\(1\) Be punished by imposition of a fine, imprisonment, or both;

\(2\) Be subject to administrative remedies, including suspension and
debarment; and

\(3\) Be ineligible for participation in programs conducted under the
authority of the Small Business Act.

(End of provision)

# \[KCDE\]K.8 CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR LISTED 

END PRODUCTS (FAR 52.222-18) (FEB 2001)

\(a\) Definition.

\"Forced or indentured child labor\" means all work or service\--

\(1\) Exacted from any person under the age of 18 under the menace of
any penalty for its nonperformance and for which the worker does not
offer himself voluntarily; or

\(2\) Performed by any person under the age of 18 pursuant to a contract
the enforcement of which can be accomplished by process or penalties.

\(b\) Listed end products. The following end product(s) being acquired
under this solicitation is (are) included in the List of Products
Requiring Contractor Certification as to Forced or Indentured Child
Labor, identified by their country of origin. There is a reasonable
basis to believe that listed end products from the listed countries of
origin may have been mined, produced, or manufactured by forced or
indentured child labor.

Listed End Product Listed Countries of Origin

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

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

\(c\) Certification. The Government will not make award to an offeror
unless the offeror, by checking the appropriate block, certifies to
either paragraph (c)(1) or paragraph (c)(2) of this provision.

\[ \] (1) The offeror will not supply any end product listed in
paragraph (b) of this provision that was mined, produced, or
manufactured in a corresponding country as listed for that end product.

\[ \] (2) The offeror may supply an end product listed in paragraph

\(b\) of this provision that was mined, produced, or manufactured in the
corresponding country as listed for that product. The offeror certifies
that it has made a good faith effort to determine whether forced or
indentured child labor was used to mine, produce, or manufacture such
end product. On the basis of those efforts, the offeror certifies that
it is not aware of any such use of child labor.

(End of provision)

# \[KCDE\]K.9 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22) 

(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)

# \[KCDE\]K.10 AFFIRMATIVE ACTION COMPLIANCE 

(FAR 52.222-25) (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 the written affirmative action programs requirement of the
rules and regulations of the Secretary of Labor.

(End of provision)

# \[KCDE\]K.11 COMPLIANCE WITH VETERANS\' EMPLOYMENT REPORTING REQUIREMENTS 

(FAR 52.222-38) (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)

# \[KCDE\]K.12 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING 

(52.223-13) (OCT 2000)

\(a\) 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 through 33; or

\[ \] (v) The facility is not located within any State of the United
States, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, the Northern Mariana
Islands, or any other territory of possession over which the United
States has jurisdiction.

(End of provision)

# \[KCDE\]K.13 BUY AMERICAN ACT\--NORTH AMERICAN FREE TRADE AGREEMENT\-- 

ISRAELI TRADE ACT\--BALANCE OF PAYMENTS PROGRAM CERTIFICATE (FAR
52.225-4) (FEB 2000)

\(a\) The offeror certifies that each end product, except those listed
in paragraph (b) or (c) of this provision, is a domestic end product (as
defined in the clause of this solicitation entitled \"Buy American
Act\--North American Free Trade Agreement\-- Israeli Trade Act\--Balance
of Payments Program\") and that the offeror has considered components of
unknown origin to have been mined, produced, or manufactured outside the
United States.

\(b\) The offeror certifies that the following supplies are NAFTA
country end products or Israeli end products as defined in the clause of
this solicitation entitled \"Buy American Act\--North American Free
Trade Agreement\--Israeli Trade Act\--Balance of Payments Program\":

NAFTA Country or Israeli End Products:

Line Item No Country of Origin

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

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

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

\[List as necessary\]

\(c\) The offeror shall list those supplies that are foreign end
products (other than those listed in paragraph (b) of this provision) as
defined in the clause of this solicitation entitled \"Buy American
Act\--North American Free Trade Agreement\--Israeli Trade Act\--Balance
of Payments Program.\" The offeror shall list as other foreign end
products those end products manufactured in the United States that do
not qualify as domestic end products.

Other Foreign End Products:

Line Item No Country of Origin

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

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

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

\[List as necessary\]

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

(End of provision)

# \[KCDE\]K.14 TRADE AGREEMENTS CERTIFICATE (FAR 52.225-6) (FEB 2000) 

\(a\) The offeror certifies that each end product, except those listed
in paragraph (b) of this provision, is a U.S.-made, designated country,
Caribbean Basin country, or NAFTA country end product, as defined in the
clause of this solicitation entitled \"Trade Agreements.\"

\(b\) The offeror shall list as other end products those supplies that
are not U.S.-made, designated country, Caribbean Basin country, or NAFTA
country end products.

Other 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. For line items subject to the Trade Agreements Act, the
Government will evaluate offers of U.S.-made, designated country,
Caribbean Basin country, or NAFTA country end products without regard to
the restrictions of the Buy American Act or the Balance of Payments
Program. The Government will consider for award only offers of
U.S.-made, designated country, Caribbean Basin country, or NAFTA country
end products unless the Contracting Officer determines that there are no
offers for such products or that the offers for such products are
insufficient to fulfill the requirements of this solicitation.

(End of provision)

# \[KCDE\]K.15 HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY 

INSTITUTION REPRESENTATION (FAR 52.226-2) (MAY 2001)

\(a\) 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 1046(3) of the Higher Education Act
of 1965 (20 U.S.C. 1067k, including a Hispanic- serving institution of
higher education, as defined in Section 316(b)(1) of the Act (20 U.S.C.
1101a)).

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

\[ \] is \[ \] is not a historically black college or university;

\[ \] is \[ \] is not a minority institution.

(End of provision)

# \[KCDE\]K.16 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED 

COMPUTER SOFTWARE (FAR 52.227-15) (MAY 1999)

\(a\) This solicitation sets forth the work to be performed if a
contract award results, and the Government\'s known delivery
requirements for data (as defined in FAR 27.401). Any resulting contract
may also provide the Government the option to order additional data
under the Additional Data Requirements clause at 52.227-16 of the FAR,
if included in the contract. Any data delivered under the resulting
contract will be subject to the Rights in Data\--General clause at
52.227-14 that is to be included in this contract. Under the latter
clause, a Contractor may withhold from delivery data that qualify as
limited rights data or restricted computer software, and deliver form,
fit, and function data in lieu thereof. The latter clause also may be
used with its Alternates II and/or III to obtain delivery of limited
rights data or restricted computer software, marked with limited rights
or restricted rights notices, as appropriate. In addition, use of
Alternate V with this latter clause provides the Government the right to
inspect such data at the Contractor\'s facility.

\(b\) As an aid in determining the Government\'s need to include
Alternate II or Alternate III in the clause at 52.227-14, Rights in
Data\--General, the offeror shall complete paragraph (c) of this
provision to either state that none of the data qualify as limited
rights data or restricted computer software, or identify, to the extent
feasible, which of the data qualifies as limited rights data or
restricted computer software. Any identification of limited rights data
or restricted computer software in the offeror\'s response is not
determinative of the status of such data should a contract be awarded to
the offeror.

\(c\) The offeror has reviewed the requirements for the delivery of data
or software and states \[offeror check appropriate block\]\--

\[ \] None of the data proposed for fulfilling such requirements
qualifies as limited rights data or restricted computer software.

\[ \] Data proposed for fulfilling such requirements qualify as limited
rights data or restricted computer software and are identified as
follows:

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

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

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

Note: \"Limited rights data\" and \"Restricted computer software\" are
defined in the contract clause entitled \"Rights in Data\-- General.\"

(End of provision)

# \[KCDE\]K.17 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION 

(FAR 52.230-1) (JUN 2000)

NOTE: This notice does not apply to small businesses or foreign
governments. This notice is in three parts, identified by Roman numerals
I through III.

Offerors shall examine each part and provide the requested information
in order to determine Cost Accounting Standards (CAS) requirements
applicable to any resultant contract.

If the offeror is an educational institution, Part II does not apply
unless the contemplated contract will be subject to full or modified CAS
coverage pursuant to 48 CFR 9903.201-2(c)(5) or 9903.201-2(c)(6),
respectively.

I. DISCLOSURE STATEMENT\--COST ACCOUNTING PRACTICES AND CERTIFICATION

\(a\) Any contract in excess of \$500,000 resulting from this
solicitation will be subject to the requirements of the Cost Accounting
Standards Board (48 CFR Chapter 99), except for those contracts which
are exempt as specified in 48 CFR 9903.201-1.

\(b\) Any offeror submitting a proposal which, if accepted, will result
in a contract subject to the requirements of 48 CFR Chapter 99 must, as
a condition of contracting, submit a Disclosure Statement as required by
48 CFR 9903.202. When required, the Disclosure Statement must be
submitted as a part of the offeror\'s proposal under this solicitation
unless the offeror has already submitted a Disclosure Statement
disclosing the practices used in connection with the pricing of this
proposal. If an applicable Disclosure Statement has already been
submitted, the offeror may satisfy the requirement for submission by
providing the information requested in paragraph (c) of Part I of this
provision.

Caution: In the absence of specific regulations or agreement, 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.

\(c\) Check the appropriate box below:

\[ \] (1) Certificate of Concurrent Submission of Disclosure Statement.
The offeror hereby certifies that, as a part of the offer, copies of the
Disclosure Statement have been submitted as follows:

\(i\) Original and one copy to the cognizant Administrative Contracting
Officer (ACO) or cognizant Federal agency official authorized to act in
that capacity (Federal official), as applicable; and

\(ii\) One copy to the cognizant Federal auditor.

(Disclosure must be on Form No. CASB DS-1 or CASB DS-2, as applicable.
Forms may be obtained from the cognizant ACO or Federal official and/or
from the loose-leaf version of the Federal Acquisition Regulation.)

Date of Disclosure Statement: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name and Address of Cognizant ACO or Federal Official Where Filed:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The offeror further certifies that the practices used in estimating
costs in pricing this proposal are consistent with the cost accounting
practices disclosed in the Disclosure Statement.

\[ \] (2) Certificate of Previously Submitted Disclosure Statement. The
offeror hereby certifies that the required Disclosure Statement was
filed as follows:

Date of Disclosure Statement: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Name and Address of Cognizant ACO or Federal Official Where Filed:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

The offeror further certifies that the practices used in estimating
costs in pricing this proposal are consistent with the cost accounting
practices disclosed in the applicable Disclosure Statement.

\[ \] (3) Certificate of Monetary Exemption. The offeror hereby
certifies that the offeror, together with all divisions, subsidiaries,
and affiliates under common control, did not receive net awards of
negotiated prime contracts and subcontracts subject to CAS totaling more
than \$50 million (of which at least one award exceeded \$1 million) in
the cost accounting period immediately preceding the period in which
this proposal was submitted. The offeror further certifies that if such
status changes before an award resulting from this proposal, the offeror
will advise the Contracting Officer immediately.

\[ \] (4) Certificate of Interim Exemption. The offeror hereby certifies
that (i) the offeror first exceeded the monetary exemption for
disclosure, as defined in (3) of this subsection, in the cost accounting
period immediately preceding the period in which this offer was
submitted and (ii) in accordance with 48 CFR 9903.202-1, the offeror is
not yet required to submit a Disclosure Statement. The offeror further
certifies that if an award resulting from this proposal has not been
made within 90 days after the end of that period, the offeror will
immediately submit a revised certificate to the Contracting Officer, in
the form specified under subparagraph (c)(1) or (c)(2) of Part I of this
provision, as appropriate, to verify submission of a completed
Disclosure Statement.

Caution: Offerors currently required to disclose because they were
awarded a CAS-covered prime contract or subcontract of \$50 million or
more in the current cost accounting period may not claim this exemption
(4). Further, the exemption applies only in connection with proposals
submitted before expiration of the 90- day period following the cost
accounting period in which the monetary exemption was exceeded.

II\. COST ACCOUNTING STANDARDS\--ELIGIBILITY FOR MODIFIED CONTRACT
COVERAGE

If the offeror is eligible to use the modified provisions of 48 CFR
9903.201-2(b) and elects to do so, the offeror shall indicate by
checking the box below. Checking the box below shall mean that the
resultant contract is subject to the Disclosure and Consistency of Cost
Accounting Practices clause in lieu of the Cost Accounting Standards
clause.

\[ \] The offeror hereby claims an exemption from the Cost Accounting
Standards clause under the provisions of 48 CFR 9903.201-2(b) and
certifies that the offeror is eligible for use of the Disclosure and
Consistency of Cost Accounting Practices clause because during the cost
accounting period immediately preceding the period in which this
proposal was submitted, the offeror received less than \$50 million in
awards of CAS-covered prime contracts and subcontracts. The offeror
further certifies that if such status changes before an award resulting
from this proposal, the offeror will advise the Contracting Officer
immediately.

Caution: An offeror may not claim the above eligibility for modified
contract coverage if this proposal is expected to result in the award of
a CAS-covered contract of \$50 million or more or if, during its current
cost accounting period, the offeror has been awarded a single
CAS-covered prime contract or subcontract of \$50 million or more.

III\. ADDITIONAL COST ACCOUNTING STANDARDS APPLICABLE TO EXISTING
CONTRACTS

The offeror shall indicate below whether award of the contemplated
contract would, in accordance with subparagraph

(a)(3) of the Cost Accounting Standards clause, require a change in
established cost accounting practices affecting existing contracts and
subcontracts.

\[ \] yes \[ \] no

(End of provision)

# \[KCDE\]K.18 USE OF GOVERNMENT-OWNED PROPERTY (NFS 1852.245-79) 

(JUL 1997)

\(a\) The offeror \[ \] does, \[ \] does not intend to use in
performance of any contract awarded as a result of this solicitation
existing Government-owned facilities (real property or plant equipment),
special test equipment, or special tooling (including any property
offered by this solicitation). The offeror shall identify any offered
property not intended to be used. If the offeror does intend to use any
of the above items, the offeror must furnish the following information
required by Federal Acquisition Regulation (FAR) 45.205(b), and NASA FAR
Supplement (NFS) 1845.102-71:

\(1\) Identification and quantity of each item. Include the item\'s
acquisition cost if it is not property offered by this solicitation.

\(2\) For property not offered by this solicitation, identification of
the Government contract under which the property is accountable and
written permission for its use from the cognizant Contracting Officer.

\(3\) Amount of rent, calculated in accordance with FAR 45.403 and the
clause at FAR 52.245-9, Use and Charges, unless the property has been
offered on a rent-free basis by this solicitation.

\(4\) The dates during which the property will be available for use, and
if it is to be used in more than one contract, the amounts of respective
uses in sufficient detail to support proration of the rent. This
information is not required for property offered by this solicitation.

\(b\) The offeror \[ \] does, \[ \] does not request additional
Government-provided property for use in performing any contract awarded
as a result of this solicitation. If the offeror requests additional
Government-provided property, the offeror must furnish \--

\(1\) Identification of the property, quantity, and estimated
acquisition cost of each item; and

\(2\) The offeror\'s written statement of its inability to obtain
facilities as prescribed by FAR 45.302-1(a)(4).

\(c\) If the offeror intends to use any Government property (paragraph
(a) or (b) of this provision), the offer must also furnish the
following:

\(1\) The date of the last Government review of the offeror\'s property
control and accounting system, actions taken to correct any deficiencies
found, and the name and telephone number of the cognizant property
administrator.

\(2\) A statement that the offeror has reviewed, understands, and can
comply with all property management and accounting procedures in the
solicitation, FAR Subpart 45.5, and NFS Subparts 1845.5 and 1845.71.

\(3\) A statement indicating whether or not the costs associated with
paragraph (c)(2) of this provision, including plant clearance and/or
plant reconversion costs, are included in its cost proposal.

(End of provision)

\[END OF SECTION\]