Number range CHAPTER**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:
[www.arnet.gov/far/](http://www.arnet.gov/far/) (End of clause)

**I. FEDERAL ACQUISITION REGULATION (48 CFR CHAPTER I) CLAUSES**

  ---------------------- ------------------------------------------------ --------------------
  [NUMBER]{.underline}   [TITLE]{.underline}                              [DATE]{.underline}

  52.203-11              CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS  APR 1991
                         TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS        

  52.204-5               WOMEN-OWNED BUSINESS (OTHER THAN SMALL BUSINESS) MAY 1999

  52.222-38              COMPLIANCE WITH VETERANS'S EMPLOYMENT REPORTING  DEC 2001
                         REQUIREMENTS                                     
  ---------------------- ------------------------------------------------ --------------------

**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 negotiated
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 paragraphs (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
paragraphs (a)(1) through (a)(3) of this provision
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[insert full name of person(s)
in the Offeror\'s organization responsible for determining the prices
offered in this bid or proposal, and the title of his or her position in
the Offeror\'s organization\]; (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 paragraphs (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 paragraphs (a)(1) through (a)(3) of this provision.

\(c\) If the Offeror deletes or modifies paragraph (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).*

o TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

o TIN has been applied for.

o TIN is not required because:

o 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;

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

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

*(e) Type of organization.*

o Sole proprietorship;

o Partnership;

o Corporate entity (not tax-exempt);

o Corporate entity (tax-exempt);

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

o Foreign government;

o International organization per 26 CFR 1.6049-4;

o Other \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

*(f) Common parent.*

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

o 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 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

(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.

(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, o intends, o 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 and         |
|                              | Operator of the Plant or Facility if  |
| (Street Address, City,       | Other than Offeror or Respondent      |
| State, County, Zip Code)     |                                       |
+------------------------------+---------------------------------------+
|                              |                                       |
+------------------------------+---------------------------------------+

(End of provision)

**K.6 52.215-7 ANNUAL REPRESENTATIONS AND CERTIFICATIONS-NEGOTIATION
(OCT 1997)**

The Offeror has \[*check the appropriate block*\]:

\[ \] (a) Submitted to the contracting office issuing this solicitation,
annual representations and certifications dated
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ \[insert date of signature on
submission\] that are incorporated herein by reference, and are current,
accurate, and complete as of the date of this proposal, except as
follows \[insert changes that affect only this proposal; if \"none,\" so
state\]:

\[ \] (b) Enclosed its annual representations and certifications.

(End of provision)

**K.7 52.219-1 SMALL BUSINESS PROGRAM REPRESENTATIONS (APR 2002)**

(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.

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

\(c\) *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)

*Alternate I (Apr 2002).* As prescribed in 19.307(a)(2), add the
following paragraph (b)(7) to the basic provision:

\(7\) \[Complete if Offeror represented itself as disadvantaged in
paragraph (b)(2) of this provision.\] 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.

**K.8 52.219-22 SMALL DISADVANTAGED BUSINESS STATUS (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.

\(2\) o 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)

*Alternate I (Oct 1998)*. As prescribed in 19.307(b), add the following
paragraph (b)(3) to the basic provision:

\(3\) *Address*. The Offeror represents that its address \[ \] is, \[ \]
is not in a region for which a small disadvantaged business procurement
mechanism is authorized and its address has not changed since its
certification as a small disadvantaged business concern or submission of
its application for certification. The list of authorized small
disadvantaged business procurement mechanisms and regions is posted at
http://www.arnet.gov/References/sdbadjustments.htm. The Offeror shall
use the list in effect on the date of this solicitation. \"Address,\" as
used in this provision, means the address of the Offeror as listed on
the Small Business Administration\'s register of small disadvantaged
business concerns or the address on the completed application that the
concern has submitted to the Small Business Administration or a Private
Certifier in accordance with 13 CFR part 124, subpart B. For joint
ventures, \"address\" refers to the address of the small disadvantaged
business concern that is participating in the joint venture.

**K.9 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.

**K.10 52.222-23 NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE
EQUAL EMPLOYMENT OPPORTUNITY FOR CONSTRUCTION (FEB 1999)**

\(a\) The Offeror\'s attention is called to the Equal Opportunity clause
and the Affirmative Action Compliance Requirements for Construction
clause of this solicitation.

\(b\) The goals for minority and female participation, expressed in
percentage terms for the Contractor\'s aggregate workforce in each trade
on all construction work in the covered area, are as follows:

+------------------------------------+---------------------------------+
| Goals for Minority Participation   | Goals for Female Participation  |
| for Each Trade                     | for Each Trade                  |
+------------------------------------+---------------------------------+
| \_\_\_\_\_\_\_\_\_\_\_\_\_         | \_\_\_\_\_\_\_\_\_\_\_\_        |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\ |
| \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ | _\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_ |
+------------------------------------+---------------------------------+
| \[Contracting Officer shall insert | \[Contracting Officer shall     |
| goals\]                            | insert goals\]                  |
+------------------------------------+---------------------------------+

These goals are applicable to all the Contractor\'s construction work
performed in the covered area. If the Contractor performs construction
work in a geographical area located outside of the covered area, the
Contractor shall apply the goals established for the geographical area
where the work is actually performed. Goals are published periodically
in the *Federal Register* in notice form, and these notices may be
obtained from any Office of Federal Contract Compliance Programs office.

\(c\) The Contractor\'s compliance with Executive Order 11246, as
amended, and the regulations in 41 CFR 60-4 shall be based on (1) its
implementation of the Equal Opportunity clause, (2) specific affirmative
action obligations required by the clause entitled \"Affirmative Action
Compliance Requirements for Construction,\" and (3) its efforts to meet
the goals. The hours of minority and female employment and training must
be substantially uniform throughout the length of the contract, and in
each trade. The Contractor shall make a good faith effort to employ
minorities and women evenly on each of its projects. The transfer of
minority or female employees or trainees from Contractor to Contractor,
or from project to project, for the sole purpose of meeting the
Contractor\'s goals shall be a violation of the contract, Executive
Order 11246, as amended, and the regulations in 41 CFR 60-4. Compliance
with the goals will be measured against the total work hours performed.

\(d\) The Contractor shall provide written notification to the Deputy
Assistant Secretary for Federal Contract Compliance, U.S. Department of
Labor, within 10 working days following award of any construction
subcontract in excess of \$10,000 at any tier for construction work
under the contract resulting from this solicitation. The notification
shall list the:

\(1\) Name, address, and telephone number of the subcontractor;

\(2\) Employer\'s identification number of the subcontractor;

\(3\) Estimated dollar amount of the subcontract;

\(4\) Estimated starting and completion dates of the subcontract; and

\(5\) Geographical area in which the subcontract is to be performed

\(e\) As used in this Notice, and in any contract resulting from this
solicitation, the \"covered area\" is \_\_\_\_\_\_\_\_\_\_\_
\[*Contracting Officer shall insert description of the geographical
areas where the contract is to be performed, giving the state, county,
and city*\].

(End of provision)

**K.11 52.222-25 AFFIRMATIVE ACTION COMPLIANCE (APR 1984)**

The Offeror represents that-

\(a\) It o has developed and has on file, o 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 o 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)

**K.12 52.223-13 CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (AUG
2003)**

\(a\) Executive Order 13148, of April 21, 2000, Greening the Government
through Leadership in Environmental Management, requires submission of
this certification as a prerequisite for contract award.

\(b\) 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 in 40 CFR 372.65;

\[ \] (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 the following Standard
Industrial Classification (SIC) codes or their corresponding North
American Industry Classification System sectors:

\(A\) Major group code 10 (except 1011, 1081, and 1094.

\(B\) Major group code 12 (except 1241).

\(C\) Major group codes 20 through 39.

\(D\) Industry code 4911, 4931, or 4939 (limited to facilities that
combust coal and/or oil for the purpose of generating power for
distribution in commerce).

\(E\) Industry code 4953 (limited to facilities regulated under the
Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921, et
seq.), or 5169, or 5171, or 7389 (limited to facilities primarily
engaged in solvent recovery services on a contract or fee basis); or

\[ \] (v) The facility is not located in the United States or its
outlying areas..

(End of provision)

**K.13 52.225-2 BUY AMERICAN ACT CERTIFICATE (JUNE 2003)**

\(a\) 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)

**K.14 52.227-15 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED
COMPUTER SOFTWARE (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)

**K.15 52.230-1 COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION
(JUNE 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 \$50
million or more 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 paragraph (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 paragraph (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)

**K.16 DATA UNIVERSAL NUMBERING SYSTEM (DUNS)**

> \(a\) The Bidder/Offeror is requested to insert the DUNS number
> applicable to the Contractor\'s address shown on the solicitation
> form.
>
> DUNS NO. [\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

\(b\) If the production point (point of final assembly) is other than
the location entered on the solicitation form, or if additional
production points are involved, enter the DUNS number applicable at each
production point in the space provided below.

> [Item No.]{.underline} [Manufacturer]{.underline} [Production
> Point]{.underline} [DUNS NO.]{.underline}

\(c\) If DUNS numbers have not been established for the Contractor, or
the production point(s) are not shown above, a number will be assigned
upon request by Dun & Bradstreet, Allentown, PA. Phone (800) 234-3867.

**K.17 AUTHORIZED NEGOTIATORS**

The Offeror or quoter represents that the following persons are
authorized to negotiate on its behalf with the Government in connection
with this request for proposals or quotations:

Name and Title Location Phone

By signature on the solicitation form, I hereby affirm that I am
authorized, on behalf of the company, to enter into binding contractual
agreements with the Government; and furthermore, that the person(s)
named above \[\_\] are, \[\_\] are not, likewise so authorized.

> (Signature of the officer or employee responsible for the offer and
> date)

**K.18 CERTIFICATION**

I HEREBY CERTIFY THAT THE RESPONSES TO THE ABOVE REPRESENTATIONS,
CERTIFICATIONS AND OTHER STATEMENTS ARE ACCURATE AND COMPLETE.

SIGNATURE:

TITLE:

DATE:

**\[End Section K\]**