PART IV - SECTION K

**Representations, Certifications, and Other Statements of Offerors
(Sealed Bidding)**

1\. [REPRESENTATIONS AND CERTIFICATIONS]{.underline}

1.  FAR 52.203-2 Certification of Independent Price Determination

2.  FAR 52.203-11 Certification and Disclosure Regarding Payments to
    Influence Certain Federal

Transactions

3.  FAR 52.204-3 Taxpayer Identification

4.  FAR 52.204-5 Women-Owned Business (Other Than Small Business)

5.  FAR 52.209-5 Certification Regarding Responsibility Matters

6.  FAR 52.214-14 Place of Performance-Sealed Bidding

7.  FAR 52.219-1 Small Business Program Representations

8.  FAR 52.219-2 Equal Low Bids

9.  FAR 52.219-19 Small Business Concern Representation for the Small
    Business Competitiveness

Demonstration Program

10. FAR 52.219-21 Small Business Size Representation for Targeted
    Industry Categories Under the

Small Business Competitiveness Demonstration Program

11. FAR 52.219-22 Small Disadvantaged Business Status

12. FAR 52.222-18 Certification Regarding Knowledge of Child Labor for
    Listed End Products

13. FAR 52.222-22 Previous Contracts and Compliance Reports

14. FAR 52.222-25 Affirmative Action Compliance

15. FAR 52.222-38 Compliance with Veterans' Employment Reporting
    Requirements

16. FAR 52.222-48 Exemption From Application of the Service Contract Act
    to Contracts for

Maintenance, Calibration, or Repair of Certain Equipment Certification.

17. FAR 52.222-52 Exemption From Application of the Service Contract Act
    to Contracts for Certain

Services---Certification

18. FAR 52.223-1 Biobased Product Certification

19. FAR 52.223-4 Recovered Material Certification

20. FAR 52.223-9 Estimate of Percentage of Recovered Material Content
    for EPA-Designated Items,

Alternate I

21. FAR 52.223-13 Certification of Toxic Chemical Release Reporting

22. FAR 52.225-2 Buy American Act Certificate

23. FAR 52.225-4 Buy American Act\--North American Free Trade
    Agreement\--Israeli Trade Act

Certificate

24. FAR 52.225-6 Trade Agreements Certificate

25. FAR 52.225-18 Place of Manufacture

26. FAR 52.225-20 Prohibition on Conducting Restricted Business
    Operations in Sudan\--Certification

27. FAR 52.226-2 Historically Black College or University and Minority
    Institution Representation

28. FAR 52.226-3 Disaster or Emergency Area Representation

29. FAR 52.227-15 Representation of Limited Rights Data and Restricted
    Computer Software

    [To Be Completed by the Offeror]{.underline}: **(The Representations
    and Certifications must be executed by an individual authorized to
    bind the offeror.)**

    The offeror makes the following Representations and Certifications
    as part of its offer **(check or complete all appropriate boxes or
    blanks on the following pages)**.

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

    **(Name of Offeror) (IFB No.)**

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

    **(Signature of Authorized Individual) (Date)**

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

    **(Typed Name of Authorized Individual)**

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

    **(DUNS Number)**

    Note: The penalty for making false statements in offers is
    prescribed in 18 U.S.C. 1001.

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1.  **52.203-2 [CERTIFICATE OF INDEPENDENT PRICE
    DETERMINATION]{.underline} (APRIL 1985)**

    **\[NOTE: This provision is applicable when a firm-fixed price or
    fixed-price with economic price adjustment contract is
    contemplated.\]**

    \(a\) 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 subparagraphs (a)(1) through (a)(3) above; 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) above

    \...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....

    \...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\...\....

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

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

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

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

2.  **52.203-11 [CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO
    INFLUENCE CERTAIN ]{.underline}**

    **[FEDERAL TRANSACTIONS]{.underline} (SEPTEMBER 2007)**

    **(NOTE: Applies to contracts expected to exceed \$100,000.)**

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

"Lobbying contact" has the meaning provided at 2 U.S.C. 1602(8). The
terms "agency," "influencing or attempting to influence," "officer or
employee of an agency," "person," "reasonable compensation," and
"regularly employed" are defined in the FAR clause of this solicitation
entitled "Limitation on Payments to Influence Certain Federal
Transactions" (52.203-12).

\(b\) Prohibition. The prohibition and exceptions contained in the FAR
clause of this solicitation entitled "Limitation on Payments to
Influence Certain Federal Transactions" (52.203-12) are hereby
incorporated by reference in this provision.

\(c\) Certification. The offeror, by signing its offer, hereby certifies
to the best of its knowledge and belief

that 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 its behalf in connection with
the awarding of this contract.

\(d\) Disclosure. If any registrants under the Lobbying Disclosure Act
of 1995 have made a lobbying contact on behalf of the offeror with
respect to this contract, the offeror shall complete and submit, with
its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to
provide the name of the registrants. The offeror need not report
regularly employed officers or employees of the offeror to whom payments
of reasonable compensation were made.

\(e\) Penalty. Submission of this certification and disclosure is a
prerequisite for making or entering into this contract imposed by 31
U.S.C. 1352. Any person who makes an expenditure prohibited under this
provision or who fails to file or amend the disclosure required 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.

3.  **52.204-3 [TAXPAYER IDENTIFICATION]{.underline} (OCTOBER 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

4.  **52.204-5 [WOMEN-OWNED BUSINESS (Other Than Small
    Business)]{.underline} (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.

5.  **52.209-5 [CERTIFICATION REGARDING RESPONSIBILITY
    MATTERS]{.underline} (DECEMBER 2008)**

    **(NOTE: Applies to contracts expected to exceed \$100,000.)**

    \(a\) (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, violating Federal criminal tax laws, or receiving
    stolen property;

    \(C\) 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 subdivision
    (a)(1)(i)(B) of this provision; and

    \(D\) Have **\[ \]**, have not **\[ \]**, within a three-year period
    preceding this offer, been notified of any delinquent Federal taxes
    in an amount that exceeds \$3,000 for which the liability remains
    unsatisfied.

    \(1\) Federal taxes are considered delinquent if both of the
    following criteria apply:

    \(i\) The tax liability is finally determined. The liability is
    finally determined if it has been assessed. A liability is not
    finally determined if there is a pending administrative or judicial
    challenge. In the case of a judicial challenge to the liability, the
    liability is not finally determined until all judicial appeal rights
    have been exhausted.

    \(ii\) The taxpayer is delinquent in making payment. A taxpayer is
    delinquent if the taxpayer has failed to pay the tax liability when
    full payment was due and required. A taxpayer is not delinquent in
    cases where enforced collection action is precluded.

    \(2\) Examples. (i) The taxpayer has received a statutory notice of
    deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to
    seek Tax Court review of a proposed tax deficiency. This is not a
    delinquent tax because it is not a final tax liability. Should the
    taxpayer seek Tax Court review, this will not be a final tax
    liability until the taxpayer has exercised all judicial appeal
    rights.

    \(ii\) The IRS has filed a notice of Federal tax lien with respect
    to an assessed tax liability, and the taxpayer has been issued a
    notice under I.R.C. Sec. 6320 entitling the taxpayer to request a
    hearing with the IRS Office of Appeals contesting the lien filing,
    and to further appeal to the Tax Court if the IRS determines to
    sustain the lien filing. In the course of the hearing, the taxpayer
    is entitled to contest the underlying tax liability because the
    taxpayer has had no prior opportunity to contest the liability. This
    is not a delinquent tax because it is not a final tax liability.
    Should the taxpayer seek tax court review, this will not be a final
    tax liability until the taxpayer has exercised all judicial appeal
    rights.

    \(iii\) The taxpayer has entered into an installment agreement
    pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments
    and is in full compliance with the agreement terms. The taxpayer is
    not delinquent because the taxpayer is not currently required to
    make full payment.

    \(iv\) The taxpayer has filed for bankruptcy protection. The
    taxpayer is not delinquent because enforced collection action is
    stayed under 11 U.S.C. 362 (the Bankruptcy Code).

    \(ii\) 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.

    \(2\) *Principal* for the purposes of this certification, means an
    officer, director, owner, partner, or a person 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 an 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.

6.  **52.214-14 [PLACE OF PERFORMANCE - SEALED BIDDING]{.underline}
    (APRIL 1985)**

    \(a\) The bidder, 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 bidder as
    indicated in this bid.

    \(b\) If the bidder checks \"intends\" in paragraph (a) above, it
    shall insert in the spaces provided below the required information:

    Place of Performance **(Street Address,** Name and Address of Owner
    and Operator

    **City, County, State, Zip Code)** of the Plant or Facility if other
    than Bidder

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

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

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

7.  **52.219-1 [SMALL BUSINESS PROGRAM REPRESENTATIONS]{.underline} (MAY
    2004)**

    ([Note: This provision applies to solicitations exceeding the
    micro-purchase threshold when the contract is to be performed in the
    United States, its territories or possessions, Puerto Rico, the
    Trust Territory of the Pacific Islands, or the District of
    Columbia.)]{.underline}

    \(a\) (1) The North American Industry Classification System (NAICS)
    code for this acquisition is [\[INSERT NAICS CODE\]]{.underline} .

    \(2\) The small business size standard is [\[INSERT SIZE
    STANDARD\]]{.underline} .

    \(3\) 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 a a small
    business concern in paragraph (b)(1) of this provision.)** The
    offeror represents , as a part of its offeror, 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 or which is owned by
    one or more service-disabled veterans; and

    \(ii\) The Management and daily business operation of which are
    controlled by one or more service-disabled veterans or, in the case
    of a service-disabled veteran with permanent and severe disability,
    the spouse or permanent caregiver of such veteran.

    \(2\) Service-disabled veteran means a veteran, as defined in 38
    U.S.C. 101(2), 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.

    **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.

    **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.

    \(d\) **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.

8.  **52.219-2 [EQUAL LOW BIDS]{.underline} (OCTOBER 1995)**

    \(a\) This provision applies to small business concerns only.

    \(b\) The bidder\'s status as a labor surplus area (LSA) concern may
    affect entitlement to award in case of tie bids. If the bidder
    wishes to be considered for this priority, the bidder must identify,
    in the following space, the LSA in which the costs to be incurred on
    account of manufacturing or production (by the bidder or the
    first-tier subcontractors) amount to more than 50 percent of the
    contract price.

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

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

    \(c\) Failure to identify the labor surplus areas as specified in
    paragraph (b) of this provision will preclude the bidder from
    receiving priority consideration. If the bidder is awarded a
    contract as a result of receiving priority consideration under this
    provision and would not have otherwise received award, the bidder
    shall perform the contract or cause the contract to be performed in
    accordance with the obligations of an LSA concern.

9.  **52.219-19 [SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL
    BUSINESS ]{.underline}**

**[COMPETITIVENESS DEMONSTRATION PROGRAM]{.underline} (OCTOBER 2000)**

(This representation must be completed if the acquisition is for one of
the four designated industry groups of the Small Business
Competitiveness Demonstration Program specified in FAR
19.1005(a)\[includes [Construction Contracts]{.underline} under NAICS
codes that comprise Industry Subsectors 233, 234 and 235\].)

\(a\) **Definition**

\"Emerging small business\" as used in this solicitation, means a small
business concern whose size is no greater than 50 percent of the
numerical size standard applicable to the North American Industry
Classification System (NAICS) code assigned to a contracting
opportunity.

\(b\) **(Complete only if offeror has represented itself under the
provision at FAR 52.219-1 as a small business concern under the size
standards of this solicitation.)**

The Offeror **\[ \]** is, **\[ \]** is not an emerging small business.

\(c\) **(Complete only if the Offeror is a small business or an emerging
small business, indicating its size range.)**

Offeror\'s number of employees for the past twelve months **(check this
column if size standard stated in solicitation is expressed in terms of
number of employees)** or Offeror\'s average annual gross revenue for
the last 3 fiscal years **(Check this column if size standard stated in
solicitation is expressed in terms of annual receipts). (Check one of
the following.)**

**[Number of Employees]{.underline} [Average Annual Gross
Revenues]{.underline}**

\[ \] 50 or fewer \[ \] \$1 million or less

\[ \] 51 - 100 \[ \] \$1,000,001 - \$2 million

\[ \] 101 - 250 \[ \] \$2,000,001 - \$3.5 million

\[ \] 251 - 500 \[ \] \$3,500,001 - \$5 million

\[ \] 501 - 750 \[ \] \$5,000,001 - \$10 million

\[ \] 751 - 1,000 \[ \] \$10,000,001 - \$17 million

\[ \] Over 1,000 \[ \] Over \$17 million

10. **52.219-21 [SMALL BUSINESS SIZE REPRESENTATION FOR TARGETED
    INDUSTRY CATEGORIES ]{.underline}**

**[UNDER THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION
PROGRAM]{.underline}**

**(MAY 1999)**

**(Complete only if the Offeror has represented itself under the
provision 52.219-1 as a small business concern under the size standards
of this solicitation.)**

**(NOTE: This representation must be completed if this solicitation
covers one of the ten targeted industry categories under the Small
Business Competitiveness Demonstration Program [and]{.underline} if the
offeror has certified itself under the clause at FAR 52.219-1 to be a
small business concern under the size standards of this solicitation).**

Offeror\'s number of employees for the past twelve months **(check this
column if size standard stated in solicitation is expressed in terms of
number of employees)** [or]{.underline} Offeror\'s average annual gross
revenue for the last three fiscal years **(check this column if size
standard stated in solicitation is expressed in terms of annual
receipts).** **(Check one of the following.)**

**[No. of Employees]{.underline} [Average Annual Gross
Revenues]{.underline}**

\[ \] 50 or fewer \[ \] \$1 million or less

\[ \] 51 - 100 \[ \] \$1,000,001 - \$2 million

\[ \] 101 -250 \[ \] \$2,000,001 - \$3.5 million

\[ \] 251 - 500 \[ \] \$3,500,001 - \$5 million

\[ \] 501 - 750 \[ \] \$5,000,001 - \$10 million

\[ \] 751 - 1,000 \[ \] \$10,000,001 - \$17 million

\[ \] Over 1,000 \[ \] Over \$17 million

The ten targeted industries are as follows:

[Product Service Code]{.underline} [SIC Code]{.underline}
[Description]{.underline}

G004 8742 Counseling/Training/Social Rehabilitation Services

J099 7699 Maintenance, Repair and Rebuilding of Equipment (Office
Machines, Text Processing Systems & Visible Record Equipment)

K099 7699 Modification of Equipment (misc.)

Q210 8099, 8742 General Health Care Services

R406 8742 Policy Review/Development Services

R497 7299 Personal Services

6505 2833, 2834 Drugs and Biologics

2835, 2836

7045 3572, 3695 ADP Supplies

5065

7110 5021 Office Furniture

7510 5112 Office Supplies

11. **52.219-22 [SMALL DISADVANTAGED BUSINESS STATUS]{.underline}
    (OCTOBER 1999)**

    **(Note: This applies to competitive solicitations over
    \$550,000.)**

    \(a\) **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.

    **Alternate I (OCTOBER 1998)**

    **(Note: Not applicable in accordance with CAAC Letter 2004-04,
    dated December 27, 2004, entitled, "Expired Program Authority for
    the Price Evaluation Adjustment for Small Disadvantaged Business
    Program.")**

    As prescribed in 19.308(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 Administrations 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.

12. **52.222-18 [CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR
    LISTED END ]{.underline}**

**[PRODUCTS]{.underline} (FEBRUARY 2001)**

*(Applies to all contracts for supplies over \$3,000. See FAR 22.1503
for more information)*

(a) *Definition*.

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

    a.  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

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

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(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.

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13. **52.222-22 [PREVIOUS CONTRACTS AND COMPLIANCE REPORTS]{.underline}
    (FEBRUARY 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.

14. **52.222-25 [AFFIRMATIVE ACTION COMPLIANCE]{.underline} (APRIL
    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.

15. **52.222-38 [COMPLIANCE WITH VETERANS' EMPLOYMENT REPORTING
    REQUIREMENTS]{.underline}**

**(DECEMBER 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.

16. **52.222-48 [EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT
    TO CONTRACTS]{.underline}**

> **[FOR MAINTENANCE, CALIBRATION, OR REPAIR OF CERTAIN EQUIPMENT
> CERTIFICATION]{.underline} (NOVEMBER 2007)**

**(NOTE: This provision is applicable to all solicitations and resultant
contracts calling for maintenance, calibration, and/or repair of
information technology, scientific and medical, and office and business
equipment if the contracting officer determines that the resultant
contract may be exempt from Service Contract Act coverage).**

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

**CERTIFICATION**

> The offeror **\[ \]** does **\[ \]** does not certify that---
>
> \(1\) The items of equipment to be serviced under this contract are
> used regularly for other than Government purposes, and are sold or
> traded by the offeror in substantial quantities to the general public
> in the course of normal business operations;
>
> \(2\) The services will be furnished at prices which are, or are based
> on, established catalog or market prices for the maintenance,
> calibration, or repair of equipment.
>
> \(i\) An "established catalog price" is a price included in a catalog,
> price list, schedule, or other form that is regularly maintained by
> the manufacturer or the offeror, is either published or otherwise
> available for inspection by customers, and states prices at which
> sales currently, or were last, made to a significant number of buyers
> constituting the general public.
>
> \(ii\) An "established market price" is a current price, established
> in the usual course of trade between buyers and sellers free to
> bargain, which can be substantiated from sources independent of the
> manufacturer or offeror; and
>
> \(3\) The compensation (wage and fringe benefits) plan for all service
> employees performing work under the contract are the same as that used
> for these employees and equivalent employees servicing the same
> equipment of commercial customers.
>
> \(b\) Certification by the offeror as to its compliance with respect
> to the contract also constitutes its certification as to compliance by
> its subcontractor if it subcontracts out the exempt services. If the
> offeror certifies to the conditions in paragraph (a) of this
> provision, and the Contracting Officer determines in accordance with
> FAR 22.1003-4(c)(3) that the Service Contract Act---
>
> \(1\) Will not apply to this offeror, then the Service Contract Act of
> 1965 clause in this solicitation will not be included in any resultant
> contract to this offeror; or
>
> \(2\) Will apply to this offeror, then the clause at 52.222-51,
> Exemption from Application of the Service Contract Act to Contracts
> for Maintenance, Calibration, or Repair of Certain
> Equipment\--Requirements, in this solicitation will not be included in
> any resultant contract awarded to this offeror, and the offeror may be
> provided an opportunity to submit a new offer on that basis.

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

> \(1\) The clause in this solicitation at 52.222-51, Exemption from
> Application of the Service Contract Act to Contracts for Maintenance,
> Calibration, or Repair of Certain Equipment\--Requirements, will not
> be included in any resultant contract awarded to this offeror; and
>
> \(2\) The offeror shall notify the Contracting Officer as soon as
> possible, if the Contracting Officer did not attach a Service Contract
> Act wage determination to the solicitation.
>
> \(d\) The Contracting Officer may not make an award to the offeror, if
> the offeror fails to execute the certification in paragraph (a) of
> this provision or to contact the Contracting Officer as required in
> paragraph (c) of this provision.

(End of provision)

17. **52.222-52 [EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT
    TO ]{.underline}**

**[CONTRACTS FOR CERTAIN SERVICES---CERTIFICATION]{.underline} (NOVEMBER
2007)**

**(NOTE: This provision is applicable to all solicitations calling for
the services identified in**

**FAR 22.1003-4(d)(i)(i-vii).**

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

**CERTIFICATION**

> The offeror **\[ \]** does **\[ \]** does not certify that---
>
> \(1\) The services under the contract are offered and sold regularly
> to non-Governmental customers, and are provided by the offeror (or
> subcontractor in the case of an exempt subcontract) to the general
> public in substantial quantities in the course of normal business
> operations;
>
> \(2\) The contract services are furnished at prices that are, or are
> based on, established catalog or market prices. An "established
> catalog price" is a price included in a catalog, price list, schedule,
> or other form that is regularly maintained by the manufacturer or the
> offeror, is either published or otherwise available for inspection by
> customers, and states prices at which sales currently, or were last,
> made to a significant number of buyers constituting the general
> public. An "established market price" is a current price, established
> in the usual course of ordinary and usual trade between buyers and
> sellers free to bargain, which can be substantiated from sources
> independent of the manufacturer or offeror;
>
> \(3\) Each service employee who will perform the services under the
> contract will spend only a small portion of his or her time (a monthly
> average of less than 20 percent of the available hours on an
> annualized basis, or less than 20 percent of available hours during
> the contract period if the contract period is less than a month)
> servicing the Government contract; and
>
> \(4\) The offeror uses the same compensation (wage and fringe
> benefits) plan for all service employees performing work under the
> contract as the offeror uses for these employees and for equivalent
> employees servicing commercial customers.
>
> \(b\) Certification by the offeror as to its compliance with respect
> to the contract also constitutes its certification as to compliance by
> its subcontractor if it subcontracts out the exempt services. If the
> offeror certifies to the conditions in paragraph (a) of this
> provision, and the Contracting Officer determines in accordance with
> FAR 22.1003-4(d)(3) that the Service Contract Act\--
>
> \(1\) Will not apply to this offeror, then the Service Contract Act of
> 1965 clause in this solicitation will not be included in any resultant
> contract to this offeror; or
>
> \(2\) Will apply to this offeror, then the clause at FAR 52.222-53,
> Exemption from Application of the Service Contract Act to Contracts
> for Certain Services\--Requirements, in this solicitation will not be
> included in any resultant contract awarded to this offer, and the
> offeror may be provided an opportunity to submit a new offer on that
> basis.
>
> \(c\) If the offeror does not certify to the conditions in paragraph
> (a) of this provision---
>
> \(1\) The clause of this solicitation at 52.222-53, Exemption from
> Application of the Service Contract Act to Contracts for Certain
> Services\--Requirements, will not be included in any resultant
> contract to this offeror; and
>
> \(2\) The offeror shall notify the Contracting Officer as soon as
> possible if the Contracting Officer did not attach a Service Contract
> Act wage determination to the solicitation.
>
> \(d\) The Contracting Officer may not make an award to the offeror, if
> the offeror fails to execute the certification in paragraph (a) of
> this provision or to contact the Contracting Officer as required in
> paragraph (c) of this provision.

(End of provision)

18. **52.223-1 [BIOBASED PRODUCT CERTIFICATION]{.underline} (DECEMBER
    2007)**

**(This certification is applicable in solicitations that require the
delivery or specify the use of USDA-designated items.)**

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

19. **[RECOVERED MATERIAL CERTIFICATION]{.underline} (MAY 2008)**

    **(This certification is applicable in solicitations that are for,
    or specify the use of, EPA designated items containing recovered
    materials or include the clause at 52.223-17, Affirmative
    Procurement of EPA-designated Items in Service and Construction
    Contracts.)**

    As required by the Resource Conservation and Recovery Act of 1976
    (42 U.S.C. 6962(c)(3)(A)(i)), the offeror certifies, by signing this
    offer, that the percentage of recovered materials content for
    EPA-designated items to be delivered or used in the performance of
    the contract will be at least the amount required by the applicable
    contract specifications or other contractual requirements.

20. **[ALTERNATE I]{.underline} (MAY 2008) of FAR Clause 52.223-9
    ESTIMATE [OF PERCENTAGE OF RECOVERED MATERIAL CONTENT FOR
    EPA-DESIGNATED ITEMS]{.underline} (MAY 2008)**

    **(This certification is applicable in solicitations exceeding
    \$100,000 that are for, or specify the use of, EPA designated items
    containing recovered materials.)**

    The Contractor shall execute the following certification required by
    the Resource Conservation and Recovery Act of 1976 (42 U.S.C.
    6962(i)(2)(C)):

    CERTIFICATION

    I, (name of certifier), am an officer or employee responsible for
    the performance of this contract and hereby certify that the
    percentage of recovered material content for EPA-designated items
    met the applicable contract specifications or other contractual
    requirements.

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

    *\[Signature of the Officer or Employee\]*

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

    *\[Typed Name of the Officer or Employee\]*

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

    *\[Title\]*

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

    *\[Name of Company, Firm, or Organization\]*

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

    *\[Date\]*

21. **52.223-13 [CERTIFICATION OF TOXIC CHEMICAL RELEASE
    REPORTING]{.underline} (JUNE 2003)**

    **[NOTE]{.underline}: This certification is applicable for all
    solicitations for competitive contracts expected to exceed \$100,000
    and competitive 8(a) contracts. It is not applicable to acquisitions
    of commercial items, or to contracts where the contractor\'s
    facilities are located outside the United States and its outlying
    areas.**

    \(a\) 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:

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

    2.  Major group code 12 (except 1241).

    3.  Major group codes 20 through 39.

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4.  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).

5.  Industry code 4953 (limited to facilities regulated under the
    Resource Conservation and Recovery Act, Subtitle C (42 U.S.C. 6921,
    *et seq.*), 5169, 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 or its outlying areas.

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22. **[52.225-2 BUY AMERICAN ACT CERTIFICATE]{.underline} (JUNE 2003)**

    **\[Note: This provision is applicable for all requirements EXCEPT
    for 1) foreign contracts or 2) when one of the following two
    provisions (52.225-4, Buy American Act\--North American Free Trade
    Agreement\--Israeli Trade Act Certificate, or 52.225-6, Trade
    Agreements Certificate) apply.**

    \(a\) 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.

23. **52.225-4 [BUY AMERICAN ACT\-- FREE TRADE AGREEMENTS\--ISRAELI
    TRADE ACT CERTIFICATE]{.underline}**

**(AUGUST 2007)**

**\[Note: This provision is applicable for requirements for supplies or
services involving the furnishing of supplies with a cost exceeding
\$25,000 but less than \$194,000, [EXCEPT]{.underline}, for small
businesses or any other exemption cited at FAR 25.401.\]**

\(a\) The offeror certifies that each end product, except those listed
in paragraph (b) or (c) 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
terms "Bahrainian or Moroccan end product," "component," "domestic end
product," "end product," "foreign end product," "Free Trade Agreement
country," "Free Trade Agreement country end product," "Israeli end
product," and "United States" are defined in the clause of this
solicitation entitled "Buy American Act\--Free Trade
Agreements\--Israeli Trade Act."

\(b\) The offeror certifies that the following supplies are Free Trade
Agreement country end products (other than Bahrainian or Moroccan end
products) or Israeli end products as defined in the clause of this
solicitation entitled "Buy American Act\--Free Trade
Agreements\--Israeli Trade Act":

**FREE TRADE AGREEMENT COUNTRY END PRODUCTS (Other than Bahrainian or
Moroccan End Products) or ISRAELI END PRODUCTS:**

Line Item No.:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

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

(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\--Free Trade Agreements\--Israeli Trade Act." 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.

**ALTERNATE I (JAN 2004)** As prescribed in 25.1101(b)(2)(ii),
substitute the following paragraph (b) for paragraph (b) of the basic
provision:

**\[Note: Applies when the acquisition value is \$25,000 or more but is
less than \$50,000.\]**

\(b\) The offeror certifies that the following supplies are Canadian end
products as defined in the clause of this solicitation entitled "Buy
American Act\--Free Trade Agreements\--Israeli Trade Act":

**Canadian End Products**:

Line Item No.:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(List as necessary)

**ALTERNATE II (JAN 2004)** As prescribed in 25.1101(b)(2)(iii),
substitute the following paragraph (b) for paragraph (b) of the basic
provision:

**\[Note: Applies when the acquisition value is \$50,000 or more, but is
less than \$67,826.\]**

\(b\) The offeror certifies that the following supplies are Canadian end
products or Israeli end products as defined in the clause of this
solicitation entitled "Buy American Act\--Free Trade
Agreements\--Israeli Trade Act":

Canadian or Israeli End Products

Line Item No.:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Country of Origin:
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(List as necessary)

24. **52.225-6 [TRADE AGREEMENTS CERTIFICATE]{.underline} - (JANUARY
    2005)**

    **\[Note: This provision is applicable for acquisitions valued at
    \$194,000 or more, if the Trade Agreement Act applies. (See FAR
    25.401 and 25.403).\]**

    \(a\) The offeror certifies that each end product, except those
    listed in paragraph (b) of this provision, is a U.S.-made or
    designated 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 or designated 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 covered by the WTO GPA, the Government
    will evaluate offers of U.S.-made or designated country end products
    without regard to the restrictions of the Buy American Act. The
    Government will consider for award only offers of U.S.-made or
    designated country end products unless the Contracting Officer
    determines that there are no offers for such products or that the
    offers for those products are insufficient to fulfill the
    requirements of this solicitation.

25. **52.225-18 [PLACE OF MANUFACTURE]{.underline} - (SEPTEMBER 2006)**

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

    *\"Manufactured end product\"* means any end product in Federal
    Supply Classes (FSC) 1000-9999, except\--

    \(1\) FSC 5510, Lumber and Related Basic Wood Materials;

    \(2\) Federal Supply Group (FSG) 87, Agricultural Supplies;

    \(3\) FSG 88, Live Animals;

    \(4\) FSG 89, Food and Related Consumables;

    \(5\) FSC 9410, Crude Grades of Plant Materials;

    \(6\) FSC 9430, Miscellaneous Crude Animal Products, Inedible;

    \(7\) FSC 9440, Miscellaneous Crude Agricultural and Forestry
    Products;

    \(8\) FSC 9610, Ores;

    \(9\) FSC 9620, Minerals, Natural and Synthetic; and

    \(10\) FSC 9630, Additive Metal Materials.

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

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

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

    \(2\) **\[ \]** Outside the United States.

26. **52.225-20 [PROHIBITION ON CONDUCTING RESTRICTED BUSINESS
    OPERATIONS IN SUDAN\--]{.underline}**

**[CERTIFICATION]{.underline} - (JUNE 2008)**

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

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

*Marginalized populations of Sudan* means\--

\(1\) Adversely affected groups in regions authorized to receive
assistance under section 8(c) of the Darfur Peace and Accountability Act
(Pub. L. 109-344) (50 U.S.C. 1701 note); and

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

*Person* means\--

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

\(2\) Any governmental entity or instrumentality of a government,
including a multilateral development institution (as defined in section
1701(c)(3) of the International Financial Institutions Act (22 U.S.C.
262r(c)(3)); and

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

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

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

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

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

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

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

\(6\) Have been voluntarily suspended.

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

27. **52.226-2 [HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY
    INSTITUTION ]{.underline}**

**[REPRESENTATION]{.underline} - (OCTOBER 2008)**

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

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

*Minority Institution* means an institution of higher education meeting
the requirements of Section 365(3) of the Higher Education Act of 1965
(20 U.S.C. 1067k), including a Hispanic-serving institution of higher
education, as defined in Section 502(a) 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.

28. **52.226-3 [DISASTER OR EMERGENCY AREA REPRESENTATION]{.underline} -
    (NOVEMBER 2007)**

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

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

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

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

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

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

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

(2) Current state licenses;

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

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

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

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

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

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

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

29. **52.227-15 [REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED
    COMPUTER ]{.underline}**

**[SOFTWARE]{.underline} (DECEMBER 2007)**

> \(a\) This solicitation sets forth the Government\'s known delivery
> requirements for data (as defined in the clause at 52.227-14, Rights
> in Data\--General). Any resulting contract may also provide the
> Government the option to order additional data under the Additional
> Data Requirements clause at 52.227-16, 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 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 instead.
> 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.
>
> \(b\) By completing the remainder of this paragraph, the offeror
> represents that it has reviewed the requirements for the delivery of
> technical data or computer software and states \[*offeror check
> appropriate block*\]---
>
> **\[ \]** None of the data proposed for fulfilling the data delivery
> requirements qualifies as limited rights data or restricted computer
> software; or
>
> **\[ \]** Data proposed for fulfilling the data delivery requirements
> qualify as limited rights data or restricted computer software and are
> identified as follows:
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \(c\) Any identification of limited rights data or restricted computer
> software in the offeror\'s response is not determinative of the status
> of the data should a contract be awarded to the offeror.
>
> (End of provision)