ATTACHMENT _____ REPRESENTATIONS, CERTIFICATIONS AND OTHER STATEMENTS OF OFFERORS COMMERCIAL

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ATTACHMENT _____


REPRESENTATIONS, CERTIFICATIONS AND OTHER
STATEMENTS OF OFFERORS


COMMERCIAL





REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

1




APPLICABLE TO ALL SOLICITATIONS


1.

TAXPAYER IDENTIFICAT
ION (FAR 52.204
-
3 OCT 1998)

(a)

Definitions.

"Common parent,"
as

used in this solicitation 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 Nu
mber (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 Numbe
r.

(b)

All Offerors must submit the information required in paragraphs (d) through (f) of this provision to comply with debt collect
ion
requirements of 31 U.S.C. 7701(c) and 3325(d), reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementi
ng
regulations issued by the IRS. If the resulting contract is subject to the reporting requirements described in Federal Acqui
sition
Regulation (FAR) 4.904, the failure or refusal by the Offeror to furnish the information may result in a 31 percent reduc
tion 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 relationsh
ip
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 a
gent
in the United States;



Offeror is an agency or instrumentality of a foreign government
;


Offeror is an agency or instrumentality of a Federal Government;



Other. State basis.______________________

(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;


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

2





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.

DATA UNIVERSAL NUMBE
RING SYSTEM (DUNS) N
UMBER (FAR 52.204
-
6 JUN 1999)

(a)

The Offeror shall enter, in the block with its nam
e and address on the cover page of its offer, the annotation "DUNS" followed by
the DUNS number that identifies the Offeror's name and address exactly as stated in the offer. The DUNS number is a nine
-
digit
number assigned by Dun and Bradstreet Informatio
n Services.

(b)

If the Offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one. A DUNS number will
be provided immediately by telephone at no charge to the Offeror. For information on obtaining a DUNS number, the
Offeror, if
located within the United States, should call Dun and Bradstreet at 1
-
800
-
333
-
0505. The Offeror should be prepared to provide
the following information:

(1)

Company name.

(2)

Company address.

(3)

Company telephone number.

(4)

Line of business.

(5)

Chief executive officer/key manager.

(6)

Date the company was started.

(7)

Number of people employed by the company.

(8)

Company affiliation.

(c)

Offerors located outside the United States may obtain the location and phone number of the local Dun and
Bradstreet Information
Services office from the Internet home page at
[http://www.customerservices@dnb.com]
. If an Offeror is unable to locate a local
service center, it may send an e
-
mail to Dun and Bradstreet at globalinfo@mail.dnb.com.

3.

SMALL BUSINES
S PROGRAM REPRESENTA
TIONS (FAR 52.219
-
1 MAY 2001)

(a)

(1)

The North American Industry Classification System (NAICS) code for this acquisition is ________________.
Acquisition
Representative insert NAICS code. From the Internet, you may search at
http://w
ww.census.gov/epcd/ec97brdg/
.

(2)

The small business size standard is _____________.
Acquisition Representative insert size standard from NAICS code.

From
the Internet, you may search at http://www.sba.gov/size/sizetable.html.

(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.


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

3



(2)

[Complete only if the Offeror represented itself as a small business concern in paragraph (b)(1) of this provision.] The Off
eror
repre
sents, 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 co
ncern 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 repre
sented 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 busines
s
concern.

(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 o
f 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
t
he 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 crit
eria 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 bu
siness 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 o
f
the stock of which is owned by one or more women; and

(2)

Whose management a
nd 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 claus
e in this
solicitation providing notice of the se
t
-
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, s
hall
-

(i)

Be punished by imposition of fine, imprisonment, or both;


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

4



(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 pro
vision)

Alternate I (Oct 2000). As prescribed in 19.307(a)(2), add the following paragraph (b)(6) to the basic provision:

(6)

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

re
presents, 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 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


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 concer
n
participating in the joint venture shall submit a separate signed copy of the HUBZone representation.

Alternate II (Oct 2000). As prescribed in 19.307(a)(3), add the following paragraph (b)(7) to the basic provision:

(7)

[Complete if Offeror represente
d 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 Ameri
can (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, Kor
ea, 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 o
f the preceding.

4.

HAZARDOUS MATERIAL I
DENTIFICATION AND MA
TERIAL SAFETY DATA (
FAR 52.223
-
3 JAN 1997)

(a)

“Hazardous material," as used in this clause, includes any material defined as hazardous under the latest version of Federal
Standard No. 313 (incl
uding revisions adopted during the term of the subcontract).

(b)

The Offeror must list any hazardous material, as defined in paragraph (a) of this clause, to be delivered under this Subcontr
act. The
hazardous material shall be properly identified and inc
lude any applicable identification number, such as National Stock Number
or Special Item Number. This information shall also be included on the Material Safety Data Sheet submitted under this
Subcontract.


Material: (If none, insert "None")




Identifica
tion No.













(c)

This list must be updated during performance of the subcontract whenever the SUBCONTRACTOR determines that any other
material to be delivered under this Subcontract is hazardous.

(d)

The apparently successful Offeror agrees to

submit, for each item as required prior to award, a Material Safety Data Sheet, meeting
the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 313, for all hazardous material identi
fied
in paragraph (b) of this clause. Dat
a shall be submitted in accordance with Federal Standard No. 313, whether or not the
apparently successful Offeror is the actual manufacturer of these items. Failure to submit the Material Safety Data Sheet pr
ior to
award may result in the apparently succ
essful Offeror being considered nonresponsible and ineligible for award.


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

5



(e)

If, after award, there is a change in the composition of the item(s) or a revision to Federal Standard No. 313, which renders

incomplete or inaccurate the data submitted under pa
ragraph (c) of this clause, the SUBCONTRACTOR shall promptly notify the
CONTRACTOR’S Acquisition Representative and resubmit the data.

(f)

Neither the requirements of this clause nor any act or failure to act by the CONTRACTOR shall relieve the SUBCONTRAC
TOR
of any responsibility or liability for the safety of Government, CONTRACTOR, SUBCONTRACTOR, or sub
-
subcontractor
personnel or property.

(g)

Offeror agrees to comply with applicable Federal, State, and local laws, codes, ordinances, and regulations (in
cluding the obtaining
of licenses and permits) in connection with hazardous material.

(h)

The CONTRACTOR'S rights in data furnished under this Subcontract with respect to hazardous material are as follows:

(1)

To use, duplicate and disclose any data to w
hich this clause is applicable. The purposes of this right are to


(i)

Apprise personnel of the hazards to which they may be exposed in using, handling, packaging, transporting, or disposing
of hazardous materials;

(ii)

Obtain medical treatment for those

affected by the material; and

(iii)

Have others use, duplicate, and disclose the data for the CONTRACTOR for these purposes.

(2)

Nothing contained in this clause shall relieve the SUBCONTRACTOR from complying To use, duplicate, and disclose data
furnish
ed under this clause, in accordance with subparagraph (h) (1) of this clause, in precedence over any other clause of this
Subcontract providing for rights in data.

(3)

The CONTRACTOR is not precluded from using similar or identical data acquired from othe
r sources.

(i)

Except as provided in paragraph (i)(2), the SUBCONTRACTOR shall prepare and submit a sufficient number of Material Safety
Data Sheets (MSDSs), meeting the requirements of 29 CFR 1910.1200(g) and the latest version of Federal Standard No. 31
3, for
all hazardous materials identified in paragraph (b) of this clause.

(1)

For items shipped to consignees, the SUBCONTRACTOR shall include a copy of the MSDSs with the packing list or other
suitable shipping document which accompanies each shipment.

Alternatively, the SUBCONTRACTOR is permitted to
transmit MSDSs to consignees in advance of receipt of shipments by consignees, if authorized in writing by the
CONTRACTOR’S Acquisition Representative.

(2)

For items shipped to consignees identified by mai
ling address as agency depots, distribution centers or customer supply
centers, the SUBCONTRACTOR shall provide one (1) copy of the MSDSs in or on each shipping container. If affixed to the
outside of each container, the MSDSs must be placed in a weather
resistant envelope.

5.

RECOVERED MATERIAL C
ERTIFICATION (FAR 52
.223
-
4 OCT 1997)

As required by the Resource Conservation and Recovery Act of 1976 (42 U.S.C. 6962(c)(3)(A)(i)), the Offeror certifies, by sig
ning this
offer, that the percentage of recovered
materials to be used in the performance of the subcontract will be at least the amount required by
the applicable subcontract specifications.

6.

POLLUTION PREVENTION

AND RIGHT
-
TO
-
KNOW INFORMATION (FA
R 52.223
-
5 APR 1998)

This representation applies when an
y portion of the work will be performed on a Federal Facility.

(a)

Executive Order 12856 of August 3, 1993, requires Federal facilities to comply with the provisions of the Emergency Planning
and
Community Right
-
to
-
Know Act of 1986 (EPCRA) (42 U.S.C. 11001
-
11050) and the Pollution Prevention Act of 1990 (PPA) (42
U.S.C. 13101
-
13109).

(b)

CONTRACTOR shall provide all information needed by the Federal facility to comply with the emergency planning reporting
requirements of Section 302 of EPCRA; the emergency
notice requirements of Section 304 of EPCRA; the list of Material Safety
Data Sheets required by Section 311 of EPCRA; the emergency and hazardous chemical inventory forms of Section 312 of
EPCRA; the toxic chemical release inventory of Section 313 of EPCR
A, which includes the reduction and recycling information
required by Section 6607 of PPA; and the toxic chemical reduction goals requirements of Section 3
-
302 of Executive Order 12856.


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

6



7.

RESERVED

8.

PROHIBITION OF SEGRE
GATED FACILITIES (FA
R 52.222
-
21 FEB

1999)


(a)

"Segregated facilities," as used in this clause, means any waiting rooms, work areas, rest rooms and wash rooms, restaurants
and
other eating areas, time clocks, locker rooms and other storage or dressing areas, parking lots, drinking fountains
, recreation or
entertainment areas, transportation, and housing facilities provided for employees, that are segregated by explicit directive

or are in
fact segregated on the basis of race, color, religion, sex or national origin because of written or oral

policies or employee custom.
The term does not include separate or single
-
user rest rooms or necessary dressing or sleeping areas provided to assure privacy
between sexes.

(b)

The contractor agrees that it does not and will not maintain or provide for it
s employees any segregated facilities at any of its
establishments, and that it does not and will not permit its employees to perform their services at any location under its co
ntrol
where segregated facilities are maintained. The Contractor agrees that a

breach of this clause is a violation of the Equal
Opportunity clause in the contract.

(c)

The Contractor shall include this clause in every subcontract and purchase order that is subject to the Equal Opportunity cla
use of
this contract.

9.

PREVIOUS CONTRA
CTS AND COMPLIANCE R
EPORTS (FAR 52.222
-
22 FEB 1999)

The Offeror represents that
--

(a)

It


has,


has not
filed all compliance reports required by the rules and regulations of the Secretary of Labor (41 CFR 60
-
1 and
60
-
2); or

(b)

It


has

not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; or

(c)

It


has less than 50 employees and therefore is not req
uired to file compliance reports per 41 CFR 60
-
1 and 60
-
2; and.

(
d
)

Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained bef
ore
subcontract awards.

10.

AFFIRMATIVE ACTION C
OMPLIANCE (FAR
52.222
-
25 APR 1984)

INSTRUCTION to OFFEROR:
If the Offeror will be providing Construction Services, the Offeror may leave this certification blank or write
N/A. If the Offeror is unsure, please contact the person from which Offeror received this solicita
tion.


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 regulati
ons 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.

(c)

It


has less than 50 employees and therefore is not required to develop a written affirmation action program per 41 CFR 60
-
1
and 60
-
2.

11.

CERTIFICATION REGARD
ING DEBARMENT, SUSPE
NSION, PROPOSED DEBA
RMENT, AND OTHER
RESPONSIBILITY MATTE
RS (FA
R 52.209
-
5 APR 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;


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

7



(B)



Have


have not, within a three
-
year period preceding this offer, been convicted of or had a civil judgment
rendered ag
ainst 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 submis
sion 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


presentl
y 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

(D)

Have


have not

, wit
hin 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 loca
l) 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 rec
eiving stolen property; and

(E)

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)(D) of this provision.

(ii)

(A)

The Offeror, aside from the offenses enumerated in paragraphs (a)(1)(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 cas
e 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 provi
de additional information if requested by the
CONTRACTOR’S Acquisition Representative; and

(iii)

The Offeror has


has not

, within a three
-
year period preceding this offer, had one or more contracts terminate
d for
default by any Federal agency.

(2)

"Principals," for the purposes of this certification, means officers; directors; owners; partners; and, persons having primar
y
management or supervisory responsibilities within a business entity (e.g., general mana
ger; 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 Certificat
ion 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 CONTRACTOR’S Acquisition Representative if, at any time prior to
contract award, the Offeror le
arns 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

CONTRA
CTOR’S Acquisition Representative 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.


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

8



(e)

The certification in paragraph (a) of this provision is a mate
rial 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 remedi
es
available to the Government, the CONTRACTOR may terminate

the subcontract resulting from this solicitation for default.

12.

COMPLIANCE WITH FAR
52.225
-
11 BUY AMERICAN ACT
--
CONSTRUCTION MATERIA
LS UNDER TRADE
AGREEMENTS (
SEP 2010
)


(a)

Definitions. “Commercially available off
-
the
-
shelf (COTS) item,” “Component
,

“Construction material,” “Designated count
r
y
,

“Designated country construction material,” “Domestic construction material,” and “Foreign construction material,” as used in

this
provision, are defined in the clause of this solicitation entitled Buy America
n Act
--
Construction Materials Under Trade
Agreements FAR 52.225
-
11 (
SEP 2010
).

(b)

Compliance.

(If the Offeror is solicited to offer pricing on more than one Construction material this certification applies to all Constr
uction
materials to be provided.

I
f the Offeror intends to provide a mix of both Domestic and Designated country construction materials, please indicate which
materials the Offeror intends to provide which will be domestic and which will be designated country in the space provided be
low
al
ong with checking the appropriate boxes.)

If awarded a purchase order or subcontract as a result of this solicitation, the Offeror certifies that all construction mate
rial it will
be providing will be either a Domestic, or Designated
C
ountry construction m
aterial as indicated by
marking the applicable
box(es) below and identifying by name which construction material falls under which box.

(
NOTE:

If the Offeror will be supplying a bundle or group of construction materials, the Offeror is certifying to the co
mpliance of
each individual article, material or supply provided in the bundle or group.
)

(1)

Offeror will deliver a Domestic Construction Material by providing:



An unmanufactured Construction material mined or produced in the Uni
ted States as follows:

____________________________________________________________(insert name of applicable construction
material)



A Construction material that is manufactured in the United States and in which the cost of its Com
ponents mined,
produced or manufactured in the United States exceeds fifty percent (50%) of

the cost of all its Components

(
NOTE:

Components from designated countries are
NOT
considered domestic for purposes of this calculation. Costs associated
with the
fabrication and manufacturing processes are excluded for purposes of this calculation.
) as follows:

____________________________________________________________(insert name of applicable construction
material)



A Construction materi
al that is a COTS item manufactured in the United States as
follows:____________________________________________________________(insert name or Model
Number of applicable construction material)

(2)

Offeror will deliver a
Designated Country Construction Mat
erial

which is not manufactured in the United States by
providing:



A Construction material that is wholly the growth, product or manufacture of a Designated Country, as
follows:______________________________________________________
______(insert name of applicable
construction material)



A Construction material substantially transformed in a Designated
C
ountry into a new and different Construction
material distinct from the materials from which it was transfor
med, as
follows:____________________________________________________________(insert name of applicable
construction material)

Please indicate in which country the Construction material last underwent a substantial transformation:____________________.

(
NOT
E:

If a construction material has undergone multiple substantial transformations, the country in which the construction
material last underwent a substantial transformation is the construction material’s country of origin.
)


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

9



(c)

Alternate Offers for Foreign

Construction Materials.

Offerors may submit alternative offers which propose use of Foreign construction materials, by submitting a separate Pricing
Proposal in accordance with (c) and (d) of FAR 52.225
-
11. CONTRACTOR will evaluate these offers and may,
at its sole
discretion, request Contracting Officer approval for use of Foreign
C
onstruction materials. Offeror shall not provide Foreign
construction materials in accordance with an alternative offer without specific written authorization allowing it to
do so from
CONTRACTOR.


13.
EMPLOYMENT ELIGIBILI
TY VERIFICATION (FAR

52.222
-
54 JAN 2009)


INSTRUCTION to OFFEROR:
If Offeror is exempted from the requirements of this clause, for example: as a COTS provider or a
self
-
employed individual, Offeror may write

N/A and leave this certification blank.


(a) Offeror’s Representation


Please check the appropriate box which indicates Offeror’s willingness to comply with the requirements of FAR 52.222
-
54 if awarded a
Subcontract as a result of this solicitation:




Offeror is enrolled in, and using E
-
Verify. If the award value will exceed $1 million a copy of the Maintain Company page is
attached.





Offeror is not enrolled in, or not using E
-
Verify, however will be enrol
led in, and using E
-
Verify, within 30 calendar days of
award. If award value will exceed $1 million, a copy of the Maintain Company page will be provided to BUYER.


(b) Lower
-
tier Suppliers/Subcontractors


Please check the appropriate box.




Offeror lower
-
tier suppliers/subcontractors are enrolled in and using E
-
Verify.




Offeror lower
-
tier suppliers/subcontractors are not enrolled in, or not using E
-
Verify, however will be enrolled in, and using E
-
Verify wi
thin 30 calendar days of receiving a lower
-
tier supplier/subcontractor award.


(c) Enrollment Information.

Information on registration for and use of the E
-
Verify program can be obtained via the Internet at the Department of Homeland Security
Web site:
http://www.dhs.gov/E
-
Verify
.


14.

Representation of Limited Rights Data and Restricted Computer Software

(
DEAR 970.5227
-
1

Rights in Data


Facilities


DEC 2000)

(a) Definitions. “Computer data bases,” “
computer software,” “data,” “limited rights data,” “restricted computer software,”
“technical data,” and “unlimited rights” are defined in DEAR 970.5227
-
1
Rights in Data Facilities

(DEC 2000)).

(b) This solicitation sets forth the Subcontractor’s known del
ivery requirements for data (as defined in DEAR 970.5227
-
1,
Rights in Data

Facilities (DEC200). Any data delivered under the resulting purchase order or subcontract will be subject to
the Rights in Data
--
Facilities clause at 970.5227
-
1 included in this co
ntract.

(c) By completing the remainder of this paragraph, the Offeror represents that it has reviewed the requirements for the deliv
ery
of technical data and computer software and states [
offeror check appropriate block
]



(1) None

of the data proposed for fulfilling the data delivery requirements qualifies as limited rights data or
restricted computer software; or


(2) Data proposed for fulfilling the data delivery requirements qualify as limited rights data
or restricted
computer software and are identified as follows:

_____________________________________________________

_____________________________________________________


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

10



_____________________________________________________

(d) Any identification of limi
ted rights data or restricted computer software in the Offeror's response is neither determinative of
the status of the data nor constitutes a waiver of the Contractor’s or Government’s right to challenge Offeror’s assertion sh
ould
a Subcontract be awarde
d to the Offeror.

Regardless of Offeror’s response under subparagraph (c) of this solicitation, Offeror must strictly comply with the requireme
nts
of
DEAR 970.5227
-
1
including properly marking any limited rights data or restricted computer software.

(e) If

at anytime after completion of subparagraph (c) of this section, the Offeror becomes aware of its intention to deliver
limited rights data or restricted computer software to fulfill the data delivery requirements of this solicitation or any res
ulting
cont
ract, the Offeror must immediately provide notice of its intention and amend the above list in subparagraph (c) accordingly.



1
5
.

DRUG
-
FREE WORKPLACE (FAR
52.223
-
6 MAY 2001)

INSTRUCTIONS to OFFEROR:
If the work to be performed by Offeror will occur entir
ely outside of the United States, its territories and
possessions, Offeror may write N/A in the signature block.


If the Offeror is an individual, the Offeror must complete the signature block under subparagraph (d) of this provision. If
the Offeror is no
t
an individual, the Offeror must only complete the signature block if the offer submitted exceeds $100,000, otherwise, Offeror

may write N/A
in the signature block.



(a)

Definitions. As used in this clause
-


"Controlled substance" means a controlled su
bstance in schedules I through V of section 202 of the Controlled Substances Act (21
U.S.C. 812) and as further defined in regulation at 21 CFR 1308.11
-

1308.15.

"Conviction" means a finding of guilt (including a plea of nolo contendere) or imposition of

sentence, or both, by any judicial body
charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

"Criminal drug statute" means a Federal or non
-
Federal criminal statute involving the manufacture, distributio
n, dispensing,
possession, or use of any controlled substance.

"Drug
-
free workplace" means the site(s) for the performance of work done by Offeror in connection with a specific contract where
employees of Offeror are prohibited from engaging in the unlawf
ul manufacture, distribution, dispensing, possession, or use of a
controlled substance.

"Employee" means an employee of Offeror directly engaged in the performance of work under a Government contract. "Directly
engaged" is defined to include all direct c
ost employees and any other Offeror employee who has other than a minimal impact or
involvement in contract performance.

"Individual" means an Offeror that has no more than one employee including the Offeror.

(b)

Offeror, if other than an individual, sha
ll
-

within 30 days after award (unless a longer period is agreed to in writing for contracts of
30 days or more performance duration), or as soon as possible for contracts of less than 30 days performance duration
-

(1)

Publish a statement notifying its emp
loyees that the unlawful manufacture, distribution, dispensing, possession, or use of a
controlled substance is prohibited in Offeror's workplace and specifying the actions that will be taken against employees for

violations of such prohibition;

(2)

Establ
ish an ongoing drug
-
free awareness program to inform such employees about
-

(i)

The dangers of drug abuse in the workplace;

(ii)

Offeror's policy of maintaining a drug
-
free workplace;

(iii)

Any available drug counseling, rehabilitation, and employee assista
nce programs; and

(iv)

The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

11



(3)

Provide all employees engaged in performance of the contract with a copy of the statement required by paragraph (b)(1) of
this

clause;

(4)

Notify such employees in writing in the statement required by paragraph (b)(1) of this clause that, as a condition of continu
ed
employment on this contract, the employee will
-

(i)

Abide by the terms of the statement; and

(ii)

Notify the employ
er in writing of the employee's conviction under a criminal drug statute for a violation occurring in the
workplace no later than 5 days after such conviction;

(5)

Notify Contractor’s Acquisition Representative in writing within 10 days after receiving not
ice under subdivision (b)(4)(ii) of
this clause, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position

title of the employee;

(6)

Within 30 days after receiving notice under subdivision (b)(4)(ii)
of this clause of a conviction, take one of the following
actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i)

Taking appropriate personnel action against such employee, up to and including termina
tion; or

(ii)

Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such
purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; and

(7)

Make a good faith
effort to maintain a drug
-
free workplace through implementation of paragraphs (b)(1) through (b)(6) of this
clause.

(c)

Offeror, if an individual, agrees by award of the subcontract or acceptance of a purchase order, not to engage in the unlawfu
l
manufactu
re, distribution, dispensing, possession, or use of a controlled substance while performing this subcontract or purchase
order.

(d)

In addition to other remedies available to Contractor, Offeror's failure to comply with the requirements of paragraph (b) or

(c) of
this clause may, pursuant to FAR 23.506, render the Offeror subject to suspension of subcontract or purchase order payments,
termination of the subcontract or purchase order for default, and suspension or debarment.





Signature of officer/emplo
yee certifying compliance with
workplace substance abuse program


Date





APPLICABLE TO SOLICITATIONS OVER $100,000


1
6
.

CERTIFICATE OF INDEP
ENDENT PRICE DETERMI
NATION (FAR 52.203
-
2 APR 1985)

INSTRUCTION to OFFEROR:
This certification applies when Offer
or will be submitting a firm fixed price offer.


(a)

The Offeror certifies that
--


(1)

The prices in this offer have been arrived at independently, without, for the purpose of restricting competition, any
consultation, communication, or agreement with any
other Offeror or competitor relating to
--


(i)

Those prices;

(ii)

The intention to submit an offer; or


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

12



(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 t
he Offeror, directly or indirectly, to any other
Offeror or competitor before bid opening (in the case of a sealed bid solicitation) or subcontract award (in the case of a
negotiated solicitation) unless otherwise required by law; and

(3)

No attempt has b
een made or will be made by the Offeror to induce any other concern to submit or not to submit an offer for
the purpose of restricting competition.

(b)

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


(1)

Is the person in the Offeror's organization responsible for determining the prices being offered in this bid or proposal, and

that
the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(1) through (a) (3
) 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

orga
nization];

(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.

1
7
.

CERTIFICATION AND DI
SCLOSURE REGARDING P
AYMENTS TO INFLUENCE

CERTAIN FEDERAL
TRANSACTIONS (FAR 52
.203
-
11 APR 1991)

(a)

The definitions and prohib
itions 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 o
f 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, th
e
making of any Federal loan, th
e 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 f
ee 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 M
ember 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 o
f
Lobbying Activities, to the CONTRACTOR; 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 subcontract 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.


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

13



1
8
.

CERTIFICATION OF TOX
IC CHEMICAL RELEASE
REPORTING (FAR 52.22
3
-
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 f
iling 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 an
d 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 t
he 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.



APPLICABLE TO SOLICITATIONS OVER $
700,000


19.

COST ACCOUNTING STANDARDS NOTICES AND CERTIFICATION (FAR 52.230
-
1 OCT 2008)



If CAS does not
apply Offeror may write N/A or leave this certification blank. CAS is not applicable to awards to Small
Businesses, Foreign Governments, and awards valued less than $
700,000
. Further information is available at:


http://ecfr.gpoaccess.gov/cgi


I.

Disclo
sure Statement
--
Cost Accounting Practices and Certification

(a)

Any subcontract in excess of $
700,000

resulting from this solicitation will be subject to the requirements of the Cost
Accounting Standards Board (48 CFR Chapter 99), except for those subcont
racts which are exempt as specified in 48 CFR
9903.201
-
1.

(b)

Any Offeror submitting a proposal which, if accepted, will result in a subcontract subject to the requirements of 48 CFR
Chapter 99 must, as a condition of contracting, submit a Disclosure Stat
ement as required by 48 CFR 9903.202. When
required, the Disclosure Statement must be submitted as a part of the Offeror's proposal under this solicitation unless the
Offeror has already submitted a Disclosure Statement disclosing the practices used in co
nnection with the pricing of this
proposal. If an applicable Disclosure Statement has already been submitted, the Offeror may satisfy the requirement for
submission by providing the information requested in paragraph (c) of Part I of this provision.

Caut
ion: In the absence of specific regulations or agreement, a practice disclosed in a Disclosure Statement shall not, by virtue

of such disclosure, be deemed to be a proper, approved, or agreed
-
to practice for pricing proposals or accumulating and
reporting
contract performance cost data.


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

14



(c)

Check the appropriate box below:



(1)

Certificate of Concurrent Submission of Disclosure Statement. The Offeror hereby certifies that, as a part of the
offer, copies of the Disclosure Statement

have been submitted as follows:

(i)

Original and one copy to the cognizant Administrative Contracting Officer (ACO) or cognizant Federal agency
official authorized to act in that capacity (Federal official), as applicable; and

(ii)

One copy to the cogni
zant Federal auditor.

(Disclosure must be on Form No. CASB DS
-
1 or CASB DS
-
2, as applicable. Forms may be obtained from the
cognizant ACO or Federal official and/or from the loose
-
leaf version of the Federal Acquisition Regulation.)

Date of Disclosure S
tatement: __________________

Name and Address of Cognizant ACO or Federal Official Where Filed:


The Offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent
with the cost accounting practices disclose
d in the Disclosure Statement.



(2)

Certificate of Previously Submitted Disclosure Statement.

The Offeror hereby certifies that the required Disclosure

Statement was filed as follows:

Date of Disclosure Statement: _____________
_____

Name and Address of Cognizant ACO or Federal Official Where Filed:


The Offeror further certifies that the practices used in estimating costs in pricing this proposal are consistent with
the cost accounting practices disclosed in the applicable Dis
closure Statement.



(3)

Certificate of Monetary Exemption. The Offeror hereby certifies that the Offeror, together with all divisions,
subsidiaries, and affiliates under common control, did not receive net awards of negotiated pri
me contracts and
subcontracts subject to CAS totaling more than $50 million or more in the cost accounting period immediately
preceding the period in which this proposal was submitted. The Offeror further certifies that if such status changes
before an aw
ard resulting from this proposal, the Offeror will advise the CONTRACTOR’S Acquisition
Representative immediately.



(4)

Certificate of Interim Exemption. The Offeror hereby certifies that (i) the Offeror first exceeded the monetar
y
exemption for disclosure, as defined in (3) of this subsection, in the cost accounting period immediately preceding
the period in which this offer was submitted and (ii) in accordance with 48 CFR 9903.202
-
1, the Offeror is not yet
required to submit a Di
sclosure Statement. The Offeror further certifies that if an award resulting from this proposal
has not been made within 90 days after the end of that period, the Offeror will immediately submit a revised
certificate to the CONTRACTOR, in the form specifi
ed under subparagraph (c)(1) or (c)(2) of Part I of this
provision, as appropriate, to verify submission of a completed Disclosure Statement.



(5)

Certificate of Disclosure Statement Due Date by Educational Institution.
If the Off
eror is an educational institution
that, under the transition provisions of 48 CFR 9903.202
-
1(f), is or will be required to submit a Disclosure
Statement after receipt of this award, the Offeror hereby certifies that (check one and complete):



(i)

A Disclosure Statement Filing Due Date of _____________ has been established with the cognizant Federal
agency.


REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

15





(ii)

The Disclosure Statement will be submitted within the 6
-
month period ending _________ months a
fter
receipt of this award.

Name and Address of Cognizant ACO or Federal Official Where Disclosure Statement is to be Filed:

____________ _______________________________________________

Caution: Offerors currently required to disclose because they were
awarded a CAS
-
covered prime contract or subcontract of
$50 million or more in the current cost accounting period may not claim this exemption (4). Further, the exemption applies
only in connection with proposals submitted before expiration of the 90
-
day p
eriod following the cost accounting period in
which the monetary exemption was exceeded.

II.

Cost Accounting Standards
--
Eligibility for Modified Contract Coverage

If the Offeror is eligible to use the modified provisions of 48 CFR 9903.201
-
2(b) and elect
s to do so, the Offeror shall indicate by
checking the box below. Checking the box below shall mean that the resultant subcontract is subject to the Disclosure and
Consistency of Cost Accounting Practices clause in lieu of the Cost Accounting Standards cl
ause.



The Offeror hereby claims an exemption from the Cost Accounting Standards clause under the provisions of 48 CFR
9903.201
-
2(b) and certifies that the Offeror is eligible for use of the Disclosure and Consistency of Cost Accou
nting Practices
clause because during the cost accounting period immediately preceding the period in which this proposal was submitted, the
Offeror received less than $50 million in awards of CAS
-
covered prime contracts and subcontracts. The Offeror furth
er
certifies that if such status changes before an award resulting from this proposal, the Offeror will advise the
CONTRACTOR’S Acquisition Representative immediately.

Caution: An Offeror may not claim the above eligibility for modified contract coverage
if this proposal is expected to result in the
award of a CAS
-
covered contract of $50 million or more or if, during its current cost accounting period, the Offeror has been
awarded a single CAS
-
covered prime contract or subcontract of $50 million or more.

III.

Additional Cost Accounting Standards Applicable to Existing Contracts

The Offeror shall indicate below whether award of the contemplated subcontract would, in accordance with paragraph (a)(3) of
the
Cost Accounting Standards clause, require a change
in established cost accounting practices affecting existing contracts and
subcontracts.



Yes






No





20
.

REQUIREMENTS FOR COS
T OR PRICING DATA OR

INFORMATION OTHER TH
AN COST OR PRICING D
ATA (OCT
1997)
FAR 52.215
-
20 (AS PRESCRIBED IN

15.408(L))


(a)

Exceptions from cost or pricing data.

(1)

In lieu of submitting cost or pricing data, Offerors may submit a written request fo
r exception by submitting the information
described in the following subparagraphs. Contractor may require additional supporting information, but only to the extent
necessary to determine whether an exception should be granted, and whether the price is fa
ir and reasonable.

(i)

Identification of the law or regulation establishing the price offered. If the price is controlled under law by periodic
rulings, reviews, or similar actions of a governmental body, attach a copy of the controlling document, unless
it was
previously submitted to the contracting office.

(ii)

Commercial item exception. For a commercial item exception, the Offeror shall submit, at a minimum, information on
prices at which the same item or similar items have previously been sold in the
commercial market that is adequate for
evaluating the reasonableness of the price for this acquisition. Such information may include



REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

16



(A)

For catalog items, a copy of or identification of the catalog and its date, or the appropriate pages for the offered

items, or a statement that the catalog is on file in the buying office to which the proposal is being submitted.
Provide a copy or describe current discount policies and price lists (published or unpublished), e.g., wholesale,
original equipment manufact
urer, or reseller. Also explain the basis of each offered price and its relationship to the
established catalog price, including how the proposed price relates to the price of recent sales in quantities similar to
the proposed quantities;

(B)

For market
-
p
riced items, the source and date or period of the market quotation or other basis for market price, the
base amount, and applicable discounts. In addition, describe the nature of the market;

(C)

For items included on an active Federal Supply Service Multi
ple Award Schedule contract, proof that an exception
has been granted for the schedule item.

(2)

The Offeror grants Contractor or an authorized representative of the Government the right to examine, at any time before
award, books, records, documents, or o
ther directly pertinent records to verify any request for an exception under this
provision, and the reasonableness of price. For items priced using catalog or market prices, or law or regulation, access do
es
not extend to cost or profit information or ot
her data relevant solely to the Offeror's determination of the prices to be offered
in the catalog or marketplace.

(b)

Requirements for cost or pricing data.

If the Offeror is not granted an exception from the requirement to submit cost or pricing
data, t
he following applies:

(1)

The Offeror shall prepare and submit cost or pricing data and supporting attachments in accordance with Table 15
-
2 of FAR
15.408.

(2)

As soon as practicable after agreement on price, but before contract award (except for unpriced
actions such as letter
contracts), the Offeror shall submit a Certificate of Current Cost or Pricing Data, as prescribed by FAR 15.406
-
2.










APPLICABLE TO ALL SOLICITATIONS


2
1
.

CERTIFICATION FOR WA
SHINGTON OR OREGON B
USINESS

The Offeror certifies th
at CONTRACTOR’S Acquisition Representative can place a Subcontract should the Offeror’s proposal be
successful at the following


Washington,


Oregon


N/A Business address:

Company Name
:


Address:


City, State and Zip:



REPRESENTATIONS, CERTIFICATIONS AND

OTHER STATEMENTS OF OFFERORS (COMMERCIAL > $10K)


QE06a
Reps and Certs


Comm over $10K

(24590
-
AF00302, Rev.
15 01/1
3
/12
)

17




2
2
.

SIGNATURE/CERTIFICAT
ION

By signing below, the Offeror certifies, under penalty of law, that the representations and certifications are accurate, curr
ent, and
complete. The Offeror further certifies that it wil
l notify the Contractor of any changes to these representations and certifications. The
representations and certifications made by the Offeror, as contained herein, concern matters within the jurisdiction of an ag
ency of the
United States and the making o
f a false, fictitious, or fraudulent representation or certification may render the maker subject to
prosecution under Title 18, United States Code, Section 1001.



Signature of the Officer or Employee Responsible for this Submittal




Typed Name and Title

of the Officer or Employee Responsible for this Submittal




Name of Organization






Address of Organization




Telephone Number of Organization




Dun & Bradstreet # of Organization




Date of Execution