REPRESENTATIONS AND INSTRUCTIONS

**Instructions to Offerors**

**Representations, Certifications, and Other Statements of Offerors or
Quoters (Simplified Acquisitions).**

1.  FAR 52.204-3 Taxpayer Identification

2.  FAR 52.219-1 Small Business Program Representations

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

4.  FAR 52.222-22 Previous Contracts and Compliance Reports

5.  FAR 52.222-25 Affirmative Action Compliance

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

Maintenance, Calibration, or Repair of Certain Equipment Certification

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

Services---Certification

8.  FAR 52.223-1 Biobased Product Certification

9.  FAR 52.223-4 Recovered Material Certification

10. FAR 52.225-2 Buy American Act Certificate

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

12. FAR 52.225-18 Place of Manufacture

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

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

15. FAR 52.226-3 Disaster or Emergency Area Representation

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

**DUNS Number:**

**\[ \]** The following certifications were obtained orally on .

(date)

**BY:**

(Signature of Purchasing Agent) (date)

**FROM:**

(Name of Contractor\'s Representative) (date)

**\[ \]** [The following certifications were 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 proposal **(check/complete all appropriate boxes or blanks
> on the following pages)**.

(Name of Offeror)

(Signature of Authorized Individual) (Date)

(Typed Name of Authorized Individual)

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

1.  **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

2.  **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.

3.  **52.222-18 [CERTIFICATION REGARDING KNOWLEDGE OF CHILD LABOR FOR
    LISTED END 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\--*

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

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

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(a) *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

(b) *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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4.  **52.222-22 [PREVIOUS CONTRACTS AND COMPLIANCE REPORTS]{.underline}
    (FEBRUARY 1999)**

    ***(Applies to contracts over \$10,000**)*

    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.

5.  **52.222-25 [AFFIRMATIVE ACTION COMPLIANCE]{.underline} (APRIL
    1984)**

    ***(Applies to contracts over \$10,000 other than those for
    construction.**)*

    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.  **52.222-48 [EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT
    TO CONTRACTS 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

(ii) 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)

7.  **52.222-52 [EXEMPTION FROM APPLICATION OF THE SERVICE CONTRACT ACT
    TO CONTRACTS FOR CERTAIN ]{.underline}**

**[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)

8.  **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.

9.  **52.223-4 [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.

10. **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.

11. **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)

12. **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.

13. **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.

14. **52.226-2 [HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY
    INSTITUTION REPRESENTATION]{.underline} --**

**(OCTOBER 2008)**

**(If this requirement is expected to exceed \$25,000 and is for
research studies, supplies, or services that are normally acquired from
higher educational institutions.)**

\(a\) 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.

15. **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.

16. **52.227-15 [REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED
    COMPUTER 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)