# PART IV - REPRESENTATIONS AND INSTRUCTIONS

# SECTION K - REPRESENTATIONS, CERTIFICATIONS AND

# OTHER STATEMENTS OF OFFERORS

K-1 CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR 52.203-2) (APR
1985)

(a) The offeror certifies that-

\(1\) The prices in this offer have been arrived at independently,
without, for the purpose of restriciting competition, any consultation,
communication, or agreement with any other offeror or competitor
relating to -

i.  Those prices;

ii. The intention to submit an offer;, or

iii. The methods or factors used to calculate the prices offered.

\(2\) The prices in this offer have not been and will not be knowingly
disclosed by the offeror, directly or indirectly, to any other offeror
or competitor before bid opening (in the case of a sealed bid
solicitation) or contract award (in the case of a negotiated
solicitation) unless otherwise required by law; and

\(3\) No attempt has been made or will be made by the offeror to induce
any other concern to submit or not to submit an offer for the purpose of
restricting competition.

(b) Each signature on the offer is considered to be a certification by
    the signatory that the signatory --

\(1\) Is the person in the offeror's organization responsible for
determining the prices being offered in this bid or proposal, and that
the signatory has not participated and will not participate in any
action contrary to paragraphs (a)(1) through (a)(3) of this provision;
or-

(2)(i) Has been authorized, in writing, to act as agent for the
following principals in certifying that those principals have not
participated, and will not participate in any action contrary to
subparagraphs (a)(1) through (a)(3) of this provision

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

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

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

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

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

(End of Provision)

K-2 CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN
FEDERAL TRANSACTIONS (FAR 52.203-11) (APR 1991)

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

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

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

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

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

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

(End of provision)

K-3 TAXPAYER IDENTIFICATION (FAR 52.204-3) (OCT 1998)

\(a\) Definitions.

\"Common parent,\" as used in this provision, means that corporate
entity that owns or

controls an affiliated group of corporations that files its Federal
income tax returns on a

consolidated basis, and of which the offeror is a member.

\"Taxpayer Identification Number (TIN),\" as used in this provision,
means the number

required by the Internal Revenue Service (IRS) to be used by the offeror
in reporting

income tax and other returns. The TIN may be either a Social Security
Number or an

Employer Identification Number.

\(b\) All offerors must submit the information required in paragraphs
(d) through (f) of this

provision to comply with debt collection requirements of 31 U.S.C.
7701(c) and 3325(d),

reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M, and
implementing

regulations issued by the IRS. If the resulting contract is subject to
the payment reporting

requirements described in Federal Acquisition Regulation (FAR) 4.904,
the failure or

refusal by the offeror to furnish the information may result in a 31
percent reduction of

payments otherwise due under the contract.

\(c\) The TIN may be used by the Government to collect and report on any
delinquent

amounts arising out of the offeror\'s relationship with the Government
(31 U.S.C.

7701(c)(3)). If the resulting contract is subject to the payment
reporting requirements

described in FAR 4.904, the TIN provided hereunder may be matched with
IRS records to

verify the accuracy of the offeror\'s TIN.

\(d\) Taxpayer Identification Number (TIN).

> \* TIN: \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.
>
> \* TIN has been applied for.
>
> \* TIN is not required because:
>
> \* Offeror is a nonresident alien, foreign corporation, or foreign
> partnership that does not
>
> have income effectively connected with the conduct of a trade or
> business in the United
>
> States and does not have an office or place of business or a fiscal
> paying agent in the United States;
>
> \* Offeror is an agency or instrumentality of a foreign government;
>
> \* Offeror is an agency or instrumentality of the Federal Government.

\(e\) Type of organization.

> \* Sole proprietorship;
>
> \* Partnership;
>
> \* Corporate entity (not tax-exempt);
>
> \* Corporate entity (tax-exempt);
>
> \* Government entity (Federal, State, or local);
>
> \* Foreign government;
>
> \* International organization per 26 CFR 1.6049-4;
>
> \* Other \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.

\(f\) Common parent.

> \* Offeror is not owned or controlled by a common parent as defined in
> paragraph (a) of
>
> this provision.
>
> \* Name and TIN of common parent:
>
> Name \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> TIN \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

(End of provision)

K-4 CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT,
AND OTHER RESPONSIBILITY MATTERS (FAR 52.209-5) (JAN 2001)

(a)(1) The Offeror certifies, to the best of its knowledge and belief,
that\--

\(i\) The Offeror and/or any of its Principals\--

\(A\) Are ( ) are not ( ) presently debarred, suspended, proposed for
debarment, or declared ineligible for the award of contracts by any
Federal agency;

\(B\) Have ( ) have not ( ), within the three-year period preceding this
offer, been convicted of or had a civil judgment rendered against them
for: commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, state,
or local) contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, or receiving stolen
property;

\(C\) Are ( ) are not ( ) presently indicted for, or otherwise
criminally or civilly charged by a governmental entity with, commission
of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this
provision; and

(ii)(A) The Offeror, aside from the offenses enumerated in paragraphs
(a)(I)(i)(A), (B), and (C) of this provision, has ( ) has not ( ) within
the past three years, relative to tax, labor and employment,
environmental, antitrust, or consumer protection laws---

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

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

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

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

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

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

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AN
AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR
FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION
UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

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

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

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

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

(End of provision)

K-5 SMALL BUSINESS PROGRAM REPRESENTATIONS (FAR 52.219-1) (OCT 2000)
(ALTERNATE I) (ALTERNATE II)

(a)(1) The North American Industry Classification System (NAICS) code
for this acquisition is [54171]{.underline} [Research and Development in
the Physical, Engineering and Life Sciences]{.underline}.

\(2\) The small business size standard is [1000 employees]{.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 (
[)]{.underline} is, ( [)]{.underline} 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 ( [)]{.underline}
is, ( [)]{.underline} 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 ( [)]{.underline} is, (
[)]{.underline} 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 ( [)]{.underline} is, (
[)]{.underline} 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 (
[)]{.underline} is, ( [)]{.underline} 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 ( [)]{.underline} is, ( [)]{.underline} is not a HUBZone small
business concern listed, on the date of this representation, on the List
of Qualified HUBZone Small Business Concerns maintained by the Small
Business Administration, and no material change in ownership and
control, principal office of ownership, or HUBZone employee percentage
has occurred since it was certified by the Small Business Administration
in accordance with 13 CFR Part 126; and

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

\(7\) \[Complete if offeror represented itself as disadvantaged in
paragraph (b)(2) of this provision.\] The offeror shall check the
category in which its ownership falls:

\_\_\_\_\_ Black American.

\_\_\_\_\_ Hispanic American.

\_\_\_\_\_ Native American (American Indians, Eskimos, Aleuts, or Native
Hawaiians).

\_\_\_\_\_ Asian-Pacific American (persons with origins from Burma,
Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan,
Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, U.S. Trust
Territory of the Pacific Islands (Republic of Palau), Republic of the
Marshall Islands, Federated States of Micronesia, the Commonwealth of
the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji,
Tonga, Kiribati, Tuvalu, or Nauru).

\_\_\_\_\_ Subcontinent Asian (Asian-Indian) American (persons with
origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the
Maldives Islands, or Nepal).

\_\_\_\_\_ Individual/concern, other than one of the preceding.

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

\"Service-disabled veteran-owned small business concern\"\--

\(1\) Means a small business concern\--

\(i\) Not less than 51 percent of which is owned by one or more
service-disabled veterans or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more service-disabled veterans; and

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

\(2\) Service-disabled veteran means a veteran, as defined in 38 U.S.C.
101(2), with a disability that is service-connected, as defined in 38
U.S.C. 101(16).

\"Small business concern\" means a concern, including its affiliates,
that is independently owned and operated, not dominant in the field of
operation in which it is bidding on Government contracts, and qualified
as a small business under the criteria in 13 CFR part 121 and the size
standard in paragraph (a) of this provision.

\"Veteran-owned small business concern\" means a small business
concern\--

\(1\) Not less than 51 percent of which is owned by one or more veterans
(as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned
business, not less than 51 percent of the stock of which is owned by one
or more veterans; and

\(2\) The management and daily business operations of which are
controlled by one or more veterans.

\"Women-owned small business concern\" means a small business concern\--

\(1\) Which is at least 51 percent owned by one or more women or, in the
case of any publicly owned business, at least 51 percent of the stock of
which is owned by one or more women; and

\(2\) Whose management and daily business operations are controlled by
one or more women.

\(d\) Notice. (1) If this solicitation is for supplies and has been set
aside, in whole or in part, for small business concerns, then the clause
in this solicitation providing notice of the set-aside contains
restrictions on the source of the end items to be furnished.

\(2\) Under 15 U.S.C. 645(d), any person who misrepresents a firm\'s
status as a small, HUBZone small, small disadvantaged, or women-owned
small business concern in order to obtain a contract to be awarded under
the preference programs established pursuant to section 8(a), 8(d), 9,
or 15 of the Small Business Act or any other provision of Federal law
that specifically references section 8(d) for a definition of program
eligibility, shall\--

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

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

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

(End of provision)

K-6 PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22) (FEB 1999)

The offeror represents that --

(a) It \[ \] has, \[ \] has not participated in a previous contract or
    subcontract subject 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.

(End of Provision)

K-7 AFFIRMATIVE ACTION COMPLIANCE (FAR 52.222-25) (APR 1984)

The offeror represents that-

(a) It \[ \] has developed and has on file, \[ \] has not developed and
    does not have on file, at each establishment, affirmative action
    programs required by the rules and regulations of the Secretary of
    Labor (41 CFR 60-1 and 60-2); or

(b) It \[ \] has not previously had contracts subject to the written
    affirmative action programs requirement of the rules and regulations
    of the Secretary of Labor.

(End of Provision)

K-8 CERTIFICATION OF TOXIC CHEMICAL WASTE REPORTING (FAR 52.223-13) (OCT
2000)

\(a\) Submission of this certification is a prerequisite for making or
entering into this contract

imposed by Executive Order 12969, August 8, 1995.

\(b\) By signing this offer, the offeror certifies that\--

\(1\) As the owner or operator of facilities that will be used in the
performance of this

contract that are subject to the filing and reporting requirements
described in section 313 of

the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA)
(42

U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990
(PPA) (42

U.S.C. 13106), the offeror will file and continue to file for such
facilities for the life of the

contract the Toxic Chemical Release Inventory Form (Form R) as described
in sections

313(a) and (g) of EPCRA and section 6607 of PPA; or

\(2\) None of its owned or operated facilities to be used in the
performance of this contract is

subject to the Form R filing and reporting requirements because each
such facility is exempt

for at least one of the following reasons: \[Check each block that is
applicable.\]

\(i\) The facility does not manufacture, process, or otherwise use any
toxic chemicals listed

under section 313(c) of EPCRA, 42 U.S.C. 11023(c);

\(ii\) The facility does not have 10 or more full-time employees as
specified in section

313(b)(1)(A) of EPCRA, 42 U.S.C. 11023(b)(1)(A);

\(iii\) The facility does not meet the reporting thresholds of toxic
chemicals established

under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the
alternate thresholds at

40 CFR 372.27, provided an appropriate certification form has been filed
with EPA);

\(iv\) The facility does not fall within Standard Industrial
Classification Code (SIC) major

groups 20 through 39 or their corresponding North American Industry
Classification

System (NAICS) sectors 31 through 33; or

\(v\) The facility is not located within any State of the United States,
the District of

Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States

Virgin Islands, the Northern Mariana Islands, or any other territory or
possession over

which the United States has jurisdiction.

(End of provision)

K-9 REPRESENTATION OF LIMITED RIGHTS DATA AND RESTRICTED COMPUTER
SOFTWARE (52.227-15) (May 1999)

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

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

\(c\) The offeror has reviewed the requirements for the delivery of data
or software and states \[offeror check appropriate block\] \-- {time}
None of the data proposed for fulfilling such requirements qualifies as
limited rights data or restricted computer software. {time} Data
proposed for fulfilling such requirements qualify as limited rights data
or restricted computer software and are identified as follows:

> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

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

(End of Provision)

\[END OF SECTION\]