Attachment 2.doc

attachment 2 -- representations and certifications table of contents

1TAXPAYER IDENTIFICATION NUMBER (4-1)

TYPE OF BUSINESS ORGANIZATION (11-1)

PREFERENCE AWARD REPRESENTATION (8-1)

BUY AMERICAN CERTIFICATE (9-1)

TAXPAYER IDENTIFICATION NUMBER (4-1)

(DEC 98)(BPI 4.1.2.1)

PROCEDURE(a):

The CO shall obtain the contractor’s Taxpayer Identification Number (TIN). Include a clause similar to 4-1, Taxpayer Identification Number, in all solicitations, unless the contractor’s TIN was previously obtained and made available to Disbursement Operations.

INFORMATION(b):

Contractor information provided by clause 11-1, Type of Business Organization, may be necessary to determine if contractor will be required to obtain and provide a TIN as a condition of payment. (See 11.10.2.1 and 22.6)

NOTE:

(1) Taxpayer Identification Number (TIN) reporting does not apply to a Federal agency, a foreign government or a foreign business not engaged in business or trade or without an agent capable of receiving payment within the United States.

(2) The TIN for BPA is 93-0334712.

All offerors, other than noted above, are required to submit its Taxpayer Identification Number requested below in order to comply with the Department of Treasury payment processing requirements of 31 U.S.C. 3332 and 7701, and the reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service. If the resulting contract is subject to those requirements, the failure or refusal by the offeror to furnish the information may result in a suspension of payment and a thirty-one (31) percent reduction of payments otherwise due under the contract.

Taxpayer Identification Number ___________________________________________.

TYPE OF BUSINESS ORGANIZATION (11-1)

(SEP 02)(BPI 11.10.2.1)

PROCEDURE(a):

The CO shall obtain the information required by clause 11-1, Type of Business Organization, during the solicitation process unless it was previously obtained and has been verified by the CO to be accurately recorded in the vendor file. This information may be necessary to determine whether the contractor will be required to obtain and provide its Taxpayer Identification Number (TIN) as a condition of payment (see 4.1.2 and 22.6). If written solicitations are issued to suppliers known to be domestic, paragraph (b) may be omitted, and the (a) designation removed from paragraph (a).

The offeror, by checking the applicable box, represents that-

(a) It operates as / / a corporation incorporated under the laws of the State of , / / an individual, / / a partnership, / / a nonprofit organization, or / / a joint venture; or

(b) It is a / / local, / / state, / / federally recognized Indian tribe, or / / other governmental entity, (describe ___________________________); or

(c) If the offeror is a foreign entity, it operates as / / an individual, / / a partnership, / / a nonprofit organization, / / a joint venture, or / / a corporation, registered for business in (country) and / / does / / does not have an office or fiscal paying agent in the United States; or

(d) It is / / a type of business organization not otherwise listed above (describe ___________________________).

PREFERENCE AWARD REPRESENTATION (8-1)

(SEP 98)(BPI 8.1.3)

POLICY: The CO shall obtain and document the information required by clause 8-1, Preference Award Representation, prior to awarding any contract.

(a) The offeror represents that:

(1) it is / /, is not / / a small business concern and that, if supplies/equipment are offered, all / /, not all / / end items to be furnished will be manufactured or produced by a small business concern in the United States, its territories or possessions, or Puerto Rico, or the Trust Territory of the Pacific Islands.

(2) it is / /, is not / / a small disadvantaged business concern.

(3) it is / /, is not / / a women-owned small business concern.

(b) Definitions.

(1) Small Business Concern. The North American Industry Classification System (NAICS) code for this solicitation is 337214. "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 competing for Government contracts, and if the average number of persons employed during the past year does not exceed 500 employees.)

(2) Small Disadvantaged Business Concern: See BPI Appendix 8-A for a detailed definition.

BUY AMERICAN CERTIFICATE (9-1)

(feb 08)(BPI 9.1.6)

PROCEDURE:

The following clauses are to be used when the origin of materials and supplies is not known. If the CO knows that the offers received will be all foreign or all domestic products, these clauses need not be used, but a note should be placed in the file to indicate the nature of the offers expected.

(a) The CO shall insert the provisions at 9-1, Buy American Certificate, in all solicitations for the acquisition of supplies, or for services involving the furnishing of supplies which are expected to exceed $50,000, except those for the purchase of (1) civil aircraft and related articles (see clause 9-2); (2) supplies from Mexico which are expected to exceed $250,000; and (3) information technology equipment or supplies that are commercial products.

(a) The Offeror certifies that each end product, except the end products listed below, is a domestic end product (as defined in the clause entitled "Buy American Act - Supplies"), and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States.

EXCLUDED END PRODUCTS AND COUNTRY OF ORIGIN

(List as necessary)

(b) An Offeror who proposes to furnish domestic source end products containing components of foreign origin the cost of which exceeds 15 percent of the offered price, shall furnish in the spaces below a complete list of components of foreign origin in sufficient detail to clearly identify each.

FOREIGN COMPONENTS AND POINT OF ORIGIN

The Offeror represents that the total cost of the above components of foreign origin, including applicable duty and transportation costs, constitutes percent of the cost of all components to be incorporated in the end products being furnished. The Offeror agrees to furnish, for the exclusive use of BPA, such additional information as the Contracting Officer may request in order to verify the foregoing in evaluating the offer.

The Offeror agrees that no components of foreign origin, other than those listed above, will be incorporated in the end products being furnished without written approval of the Contracting Officer.

(c) Where an Offeror fails to complete the representation of foreign content provision above, and in the absence of any previous experience with the offeror or information to the contrary, BPA assumes that domestic firms intend to furnish domestic end products and that foreign firms intend to furnish products of foreign origin.

RFO 20090701

Representations & Certifications Attachment 2, Page 1