The following Representation & Certification solicitation provisions
must be completed and this form must be signed and returned with the
offeror's proposal. As used herein, the term "Contract" shall mean the
Subcontract resulting from this solicitation; the term "Contractor"
shall mean the entity (herinafter "Subcontractor") who shall enter into
the Subcontract with the University; the term "subcontract" shall mean
the Subcontractor's subcontractor; and the terms "Government" and
"Contracting Officer" shall mean the University. The term "Offer"
includes "Bid," "Proposal," and "Quotation;" and the term "Offeror"
includes "Bidder," "Proposer," and "Quoter", as may be applicable.

**INDEX**

+-----------------------------------+-----------------------------------+
| > **1. Offeror Information**      | > **7. Certification Regarding    |
|                                   | > Debarment, Suspension,          |
|                                   | > Proposed**                      |
+-----------------------------------+-----------------------------------+
| > **2. Small Business Program     | > **Debarment, and other          |
| > Representations**               | > Responsibility Matters**        |
+-----------------------------------+-----------------------------------+
| > **3. Small Disadvantaged        | > **8. Buy American Act           |
| > Business Status**               | > Certificate**                   |
+-----------------------------------+-----------------------------------+
| > **4. Previous Contracts and     | > **9. Representation of Limited  |
| > Compliance Reports**            | > Rights Data and Restricted**    |
+-----------------------------------+-----------------------------------+
| > **5. Affirmative Action         | > **Computer Software**           |
| > Compliance**                    |                                   |
+-----------------------------------+-----------------------------------+
| > **6. Certification and          | **10. Certification of Toxic      |
| > Disclosure Regarding Payments   | Chemical Release Reporting**      |
| > to**                            |                                   |
+-----------------------------------+-----------------------------------+
| > **Influence Certain Federal     |                                   |
| > Transactions**                  |                                   |
+-----------------------------------+-----------------------------------+

**1. [OFFEROR INFORMATION]{.underline}**

*(Check & complete all that apply.)*

Company Name
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Taxpayer Identification Number (TIN)
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Dun & Bradstreet D-U-N-S^©^ Number
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

 Sole proprietorship  Partnership

 U.S. Citizen  Resident Alien  Non-Resident Alien

 Corporation  Joint Venture  Limited Liability Co. (LLC)

 Domestic  Foreign

Incorporated under the laws of the state of
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

 Educational institution  Other non-profit organization

 Joint Venture  Foreign Government entity

 U.S. Government entity (Federal, state, or local)

 International organization (per 22 U. S. C. 288-288f)

 Non-U.S. company, institution, or organization *(describe below)*

 Other *(describe)*:
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

 Number of employees: [\_\_\_\_\_]{.underline} *(If other than a
government entity)*

**2. [SMALL BUSINESS PROGRAM REPRESENTATIONS]{.underline}**

(FAR 52.219-1 MAY 2004, Modified)

*(Applicable if any portion of the work will be performed in the U.S. or
its outlying areas.)*

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition, per the solicitation, is: \_\_\_\_\_\_\_\_\_\_\_.

\(2\) The small business size standard, per the solicitation, is
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

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

\(b\) Representations.

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

\(2\) \[*Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents, for general statistical purposes, that it  **is**,  **is
not**, a small disadvantaged business concern as defined in 13 CFR
124.1002.

\(3\) \[*Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents as part of its offer that it  **is**,  **is not** a
women-owned small business concern.

\(4\) \[*Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision*.\] The offeror
represents as part of its offer that it  **is**,  **is not** a
veteran-owned small business concern.

\(5\) \[*Complete only if the offeror represented itself as a
veteran-owned small business concern in paragraph (b)(4) of this
provision*.\] The offeror represents as part of its offer that it 
**is**,  **is not** a service-disabled veteran-owned small business
concern.

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

\(i\) It  **is**,  **is not** a HUBZone small business concern listed,
on the date of this representation, on the List of Qualified HUBZone
Small Business Concerns maintained by the Small Business Administration,
and no material change in ownership and control, principal office, or
HUBZone employee percentage has occurred since it was certified by the
Small Business Administration in accordance with 13 CFR part 126; and

\(ii\) It  **is**,  **is not** a joint venture that complies with the
requirements of 13 CFR part 126, and the representation in paragraph
(b)(6)(i) of this provision is accurate for the HUBZone small business
concern or concerns that are participating in the joint venture. \[*The
offeror shall enter the name or names of the HUBZone small business
concern or concerns that are participating in the joint venture:*
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.\] Each HUBZone small
business concern participating in the joint venture shall submit a
separate signed copy of the HUBZone representation.

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

\"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.

\"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).

\(d\) 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.

**3. [SMALL DISADVANTAGED BUSINESS STATUS]{.underline}**

(FAR 52.219-22 OCT 1999)

*(Applicable if the offeror represents that it is a small disadvantaged
business concern.*)

\(a\) General. This provision is used to assess an offeror\'s small
disadvantaged business status for the purpose of the evaluation of the
offer. Status as a small business and status as a small disadvantaged
business for general statistical purposes is covered by the Small
Business Program Representation provision, above.

\(b\) 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.

**4. [PREVIOUS CONTRACTS AND COMPLIANCE REPORTS]{.underline}**

(FAR 52.222-22 FEB 1999, Modified)

(*Not Applicable to performance on Indian Reservations or outside the
U.S. by employees not recruited within the U.S.*)

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
lower-tier subcontract awards.

If (a) above is answered "has participated" and (b) above is answered
\"has not filed all required compliance reports,\" the Offeror certifies
as the applicable reason that: it has less than 50 employees; it has
not received a Federal Government prime contract or first-tier
subcontract of \$50,000 or more ; or other  (*explain*):
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

**5. [AFFIRMATIVE ACTION COMPLIANCE ]{.underline}**

(FAR 52.222-25 APR 1984, Modified)

*(Not applicable to Construction Work or Work on Indian Reservations or
outside the U.S. by employees not recruited within the U.S.)*

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.

**6. [CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE
CERTAIN FEDERAL TRANSACTIONS]{.underline}**

(FAR 52.203-11 SEP 2007)

*(Applicable to offers exceeding \$100,000)*

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

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

\(1\) No Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of
Congress, or an employee of a Member of Congress on his or her behalf in
connection with the awarding of this contract;

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

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

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

**7. [Certification Regarding Debarment, Suspension, Proposed Debarment,
and Other Responsibility Matters ]{.underline}**

(FAR 52.209-5 DEC 2001)

*(Applicable to offers exceeding \$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, 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 subdivision (a)(1)(i)(B) of this
provision;

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

\(2\) \"*Principals*,\" for the purposes of this certification, means
officers; directors; owners; partners; and, persons having primary
management or supervisory responsibilities within a business entity
(e.g., general manager; plant manager; head of a subsidiary, division,
or business segment, and similar positions).

This Certification Concerns a Matter Within the Jurisdiction of an
Agency of the United States and the Making of a False, Fictitious, or
Fraudulent Certification May Render the Maker Subject to Prosecution
Under Section 1001, Title 18, United States Code.

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

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

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

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

**8. [BUY AMERICAN ACT CERTIFICATE]{.underline}**

(FAR 52.225-2 JUN 2003)

*(Not applicable to solicitations for Construction Services)*

The offeror certifies that each end product to be delivered, except
those listed below, 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."

[Foreign End Products]{.underline} [Country of Origin]{.underline}

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

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

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

(The University will take into consideration applicable provisions of
FAR Part 25 in evaluating offers for foreign end products)

**9. [REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER
SOFTWARE]{.underline}**

(FAR 52.227-15, DEC 2007, and definitions from DEAR 927.409)

*(Applicable to offers where data will be produced, furnished, or
acquired in performance of the subcontract)*

\(a\) This solicitation sets forth the University\'s/DOE\'s known
delivery requirements for data (as defined in DEAR 927.409). Any
resulting Subcontract may also provide the University/DOE the option to
order additional data under the Additional Data Requirements clause at
52.227-16 of the FAR, if included in the Subcontract. Any data delivered
under the resulting Subcontract will be subject to the Rights in Data -
General clause at 52.227-14 that is to be included in the Subcontract.
Under the latter clause, a Subcontractor 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 University/DOE the
right to inspect such data at the Subcontractor\'s facility.

\(b\) By completing the remainder of this paragraph, the Offeror
represents that it has reviewed the requirements for the delivery of
data, including technical data and computer software, and states:
*(check appropriate box)*

 None of the data proposed for fulfilling such requirements qualifies
as limited rights data or restricted computer software; or

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

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

\(c\) 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.

**NOTE**: The terms \"data\", \"limited rights data\", \"restricted
computer software\", \"computer software\", \"technical data\", and
\"form, fit, and function data\" are defined in DEAR 927.409 as follows:

*Data* means recorded information, regardless of form or the media on
which it may be recorded. The term includes technical data and computer
software. The term does not include data incidental to the
administration of the subcontract, such as financial, administrative,
cost and pricing, or management information.

*Limited Rights Data* means data, other than computer software,
developed at private expense that embody trade secrets or are commercial
or financial and confidential or privileged. (The Government\'s rights
to use, duplicate, or disclose limited rights data are as set forth in
the Limited Rights Notice of subparagraph (g)(2) of the Rights in Data -
General clause.)

*Restricted Computer Software* means computer software developed at
private expense and that is a trade secret; is commercial or financial
and is confidential or privileged; or is published copyrighted computer
software, including minor modifications of any such computer software.
(The Government\'s rights to use, duplicate, or disclose restricted
computer software are as set forth in the Restricted Rights Notice of
subparagraph (g)(3) of the Rights in Data - General clause.)

*Computer Software* means (i) computer programs which are data
comprising a series of instructions, rules, routines, or statements,
regardless of the media in which recorded, that allow or cause a
computer to perform a specific operation or series of operations, and
(ii) data comprising source code listings, design details, algorithms,
processes, flow charts, formulae, and related material that would enable
the computer program to be produced, created, or compiled. The term does
not include computer data bases.

*Technical data* means recorded data, regardless of form or
characteristic, that are of a scientific or technical nature. Technical
data does not include computer software, but does include manuals and
instructional materials and technical data formatted as a computer data
base.

*Form, Fit, and Function Data* means data relating to items, components,
or processes that are sufficient to enable physical and functional
interchangeability, as well as data identifying source, size,
configuration, mating, and attachment characteristics, functional
characteristics, and performance requirements; except that for computer
software it means data identifying source, functional characteristics,
and performance requirements but specifically excludes the source code,
algorithm, process, formulae, and flow charts of the software.

**10. CERTIFICATION OF TOXIC CHEMICAL**

**RELEASE REPORTING**

(FAR 52.223-13 AUG 2003)

> (*Applicable to non-commercial, competitive solicitations exceeding
> \$100,000*)

(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.