Reps. and Certs.3503SAP.doc

NOTES FOR CONTRACT SPECIALISTS, REGARDING THE REPS & CERTS FORM FOR SIMPLIFIED ACQUISITIONS:

Paragraph 1, Central Contractor Registration. Contractors must provide their DUNS # in accordance with this provision.

Paragraph 2, Annual Representations and Certifications: Insert the appropriate NAICS Code and Size Standard in this provision. (As a result of FAC 2005-07 dated January 06, the spaces for the NAICS Code and Size standard have been moved to this provision and no longer appear at the beginning of the Reps & Certs form.)

Paragraph 2, Annual Representations and Certifications: Most representations and certifications formerly included in this document in full text have been deleted. Instead, offerors are directed to complete or update reps and certs at the Online Representations and Certifications Application (ORCA) at http://orca.bpn.gov. If an offeror wishes to change, for the purpose of the instant solicitation, any rep or cert already entered in ORCA, he may do so by filling in the applicable blanks in Paragraph 2. See PIC Directive 05-03 for more details.

Page 3 (Disaster or Emergency Area Representation) is to be used only if you are contracting for major disaster or emergency assistance activities under a Presidential declaration, and you determine that you will set-aside the procurement for concerns residing or doing business primarily within an area or areas affected by the emergency declaration. Insert the specific geographic boundaries of the set-aside in both FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside and FAR 52.226-3, Disaster or Emergency Area Representation. The offerors complete the latter representation, (which is not included in ORCA. Also note that you should add FAR contract clause 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area, to your solicitation (Section I or other clause boilerplate). See FAR Subparts 6.6 and 26.2 for more guidance on this type of set-aside, conducted under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act. Note that when conducting such a set-aside, a CICA J&A is not required.

REPRESENTATIONS AND CERTIFICATIONS

Solicitation #:

Name and Address of Offeror

Date of Offer:

(Name, Street, City, State and Zip Code)

DUNS: ___________________________ (REQUIRED OF ALL AWARDEES - See paragraph 1, below)

1.

FAR 52.204-7 CENTRAL CONTRACTOR REGISTRATION (APR 2008)

(a) Definitions. As used in this clause—

“Central Contractor Registration (CCR) database” means the primary Government repository for Contractor information required for the conduct of business with the Government.

“Data Universal Numbering System (DUNS) number” means the 9-digit number assigned by Dun and Bradstreet, Inc. (D&B) to identify unique business entities.

“Data Universal Numbering System +4 (DUNS+4) number” means the DUNS number assigned by D&B plus a 4-character suffix that may be assigned by a business concern. (D&B has no affiliation with this 4-character suffix.) This 4- character suffix may be assigned at the discretion of the business concern to establish additional CCR records for identifying alternative Electronic Funds Transfer (EFT) accounts (see the FAR at Subpart 32.11) for the same concern.

“Registered in the CCR database” means that—

(1) The Contractor has entered all mandatory information, including the DUNS number or the DUNS+4 number, into the CCR database; and

(2) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS) and has marked the “Active”. The Contractor will be required to provide consent for TIN validation to the Government as part of the CCR registration process.

(b)(1) By submission of an offer, the offeror acknowledges the requirement that a prospective awardee shall be registered in the CCR database prior to award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “DUNS” or “DUNS +4” followed by the DUNS or DUNS +4 number that identifies the offeror’s name and address exactly as stated in the offer. The DUNS number will be used by the Contracting Officer to verify that the offeror is registered in the CCR database.

(c) If the offeror does not have a DUNS number, it should contact Dun and Bradstreet directly to obtain one.

(1) An offeror may obtain a DUNS number—

(i) Via the Internet at http://fedgov.dnb.com/webform or if the offeror does not have Internet access, it may call Dun and Bradstreet at 1-866-705-5711 if located within the United States; or

(ii) If located outside the United States, by contacting the local Dun and Bradstreet office. The offeror should indicate that it is an offeror for a U.S. Government contract when contacting the local Dun and Bradstreet office.

(2) The offeror should be prepared to provide the following information:

(i) Company legal business.

(ii) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(iii) Company Physical Street Address, City, State, and Zip Code.

(iv) Company Mailing Address, City, State and Zip Code (if separate from physical).

(v) Company Telephone Number.

(vi) Date the company was started.

(vii) Number of employees at your location.

(viii) Chief executive officer/key manager.

(ix) Line of business (industry).

(x) Company Headquarters name and address (reporting relationship within your entity).

(d) If the Offeror does not become registered in the CCR database in the time prescribed by the Contracting Officer, the Contracting Officer will proceed to award to the next otherwise successful registered Offeror.

(e) Processing time, which normally takes 48 hours, should be taken into consideration when registering. Offerors who are not registered should consider applying for registration immediately upon receipt of this solicitation.

(f) The Contractor is responsible for the accuracy and completeness of the data within the CCR database, and for any liability resulting from the Government’s reliance on inaccurate or incomplete data. To remain registered in the CCR database after the initial registration, the Contractor is required to review and update on an annual basis from the date of initial registration or subsequent updates its information in the CCR database to ensure it is current, accurate and complete. Updating information in the CCR does not alter the terms and conditions of this contract and is not a substitute for a properly executed contractual document.

(g) (1) (i) If a Contractor has legally changed its business name, “doing business as” name, or division name (whichever is shown on the contract), or has transferred the assets used in performing the contract, but has not completed the necessary requirements regarding novation and change-of-name agreements in Subpart 42.12, the Contractor shall provide the responsible Contracting Officer a minimum of one business day’s written notification of its intention to (A) change the name in the CCR database; (B) comply with the requirements of Subpart 42.12 of the FAR; and (C) agree in writing to the timeline and procedures specified by the responsible Contracting Officer. The Contractor must provide with the notification sufficient documentation to support the legally changed name.

(ii) If the Contractor fails to comply with the requirements of paragraph (g)(1)(i) of this clause, or fails to perform the agreement at paragraph (g)(1)(i)(C) of this clause, and, in the absence of a properly executed novation or change-of-name agreement, the CCR information that shows the Contractor to be other than the Contractor indicated in the contract will be considered to be incorrect information within the meaning of the “Suspension of Payment” paragraph of the electronic funds transfer (EFT) clause of this contract.

(2) The Contractor shall not change the name or address for EFT payments or manual payments, as appropriate, in the CCR record to reflect an assignee for the purpose of assignment of claims (see FAR Subpart 32.8, Assignment of Claims). Assignees shall be separately registered in the CCR database. Information provided to the Contractor’s CCR record that indicates payments, including those made by EFT, to an ultimate recipient other than that Contractor will be considered to be incorrect information within the meaning of the “Suspension of payment” paragraph of the EFT clause of this contract.

(h) Offerors and Contractors may obtain information on registration and annual confirmation requirements via the internet at http://www.ccr.gov or by calling 1-888-227-2423, or 269-961-5757. (End of clause) 2.

FAR 52.204-8 ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006) (Note to Offerors: Since FAR 52.204-7 is included in this solicitation (above), paragraph (b) of the following provision applies, and offerors must complete their annual representations and certifications on-line as described below.)

(a) (1) The North American Industry Classification System (NAICS) code for this acquisition is:

____________________________561621__________________________________________

(2) The small business size standard is:

_________________________$11.5 mil__________________________________________

(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) (1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (c) of this provision applies.

(2) If the clause at 52.204-7 is not included in this solicitation, and the offeror is currently registered in CCR, and has completed the ORCA electronically, the offeror may choose to use paragraph (c) instead of completing the corresponding individual representations and certifications in the solicitation. The offeror shall indicate which option applies by checking one of the following boxes:

[____] (i) Paragraph (c) applies.

[____] (ii) Paragraph (c) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website at http://orca.bpn.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically have been entered or updated within the last 12 months, are current, accurate, complete and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

FAR CLAUSE #

TITLE

DATE

CHANGE

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA. (End of provision) Items 3 and 4, below, apply, if you are contracting for major disaster or emergency assistance activities under a Presidential declaration, and you determine that you will set-aside the procurement for concerns residing or doing business primarily within an area or areas affected by the emergency declaration. Insert the specific geographic boundaries of the set-aside in both FAR 52.226-4, Notice of Disaster or Emergency Area Set-Aside and FAR 52.226-3, Disaster or Emergency Area Representation.

NOTE: Include contract clause 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area, in your Section I or clause boilerplate.

3.

FAR 52.226-4

NOTICE OF DISASTER OR EMERGENCY AREA SET-ASIDE (NOV 2007)

(a) Set-Aside area. Offers are solicited only from businesses residing or primarily doing business in

Offers received from other businesses shall not be considered.

(b) This set-aside is in addition to any small business set-aside contained in this contract. (End of clause)

4.

FAR 52.226- 3

DISASTER OR EMERGENCY AREA REPRESENTATION (NOV 2007)

(a) Set-Aside area. The area covered in this contract is:

(b) Representations. The offeror represents that it [___] does [___] does not reside or primarily do business in the designated set-aside area.

(c) An offeror is considered to be residing or primarily doing business in the set-aside area if, during the last twelve months---

(1) The offeror had its main operating office in the area; and

(2) That office generated at least half of the offeror’s gross revenues and employed at least half of the offeror’s permanent employees.

(d) If the offeror does not meet the criteria in paragraph (c) of this provision, factors to be considered in determining whether an offeror resides or primarily does business in the set-aside area include---

(1) Physical locations(s) of the offeror’s permanent office(s) and date any office in the set-aside area(s) was established;

(2) Current state licenses;

(3) Record of past work in the set-aside area(s) (e.g., how much and for how long);

(4) Contractual history the offeror has had with subcontractors and/or suppliers in the set-aside area;

(5) Percentage of the offeror’s gross revenues attributable to work performed in the set-aside area;

(6) Number of permanent employees the offeror employs in the set-aside area;

(7) Membership in local and state organizations in the set-aside area; and

(8) Other evidence that establishes the offeror resides or primarily does business in the set-aside area. For example, sole proprietorships may submit utility bills and bank statements.

(e) If the offeror represents it resides or primarily does business in the set-aside area, the offeror shall furnish documentation to support its representation if requested by the Contracting Officer. The solicitation may require the offeror to submit with its offer documentation to support the representation. (End of provision)