ANL-70B Reps and Certs Long-29-SEP-2026.PDF

SAM.GOV

Pre-Award Information

Representation and Certifications (ANL-70B Long Version)

Please have this document executed by an official authorized to sign on behalf of your organization. You are encouraged to register in SAM.GOV via http://www.sam.gov and clicking on “Online Reps and Certs Application.” The clauses from the Federal Acquisition Regulation (FAR) below are the dated versions that appear in the Laboratory’s prime contract with the U.S. Department of Energy, available at https://www.anl.gov/prime-contract on the date this document is executed.

By executing this document, you further certify, acknowledge and agree you are under a continuing duty to update the Laboratory in the event of changes to the representations and certifications made in this document.

PART 1 - APPLICABLE FOR ALL OFFERS/SOLICITATIONS

1.1 General Information

Legal Name of Company/Entity:

Unique Entity ID Number (UEI):

(UEI is a unique 12-character alphanumeric ID assigned to an entity by

Doing Business As:

(If Applicable)

Company/Entity Physical Street Address:

(Include Zip + 4 Code)

Primary Performance Location:

(If different than address above – Physical Street Address, City, State, Zip +4 Code

Primary Contact:

(for Contract – Name, email, and phone number)

(for Contract Close-out – Name, email, and phone number)

(for Property Management – Name, email, and phone number)

1.2 Business Organization – Entity Type

Please select Entity Type from the options below:

1.3 Small Business Program–https://wvww.sba.gov

Small U.S. Companies/Entities, please select ALL Business Classifications that apply:

Small Business Veteran-Owned Small Business

Small-Disadvantaged Business Service-Disabled Veteran-Owned Small Business

Woman-Owned Small Business HubZone

1.4 North American Industry Classification System (NAICS) Code Please provide the NAICS Code and Size Standard for the RFP/RFQ Request:

Business Organization - Entity Type State of Incorporation http://www.sam.gov/ https://www.anl.gov/prime-contract https://www.sba.gov/

NAICS Code Size Standard

ANL-70B (Long Version) January 13, 2025

Page 1 of 14 Argonne National Laboratory

Page 3 of 18 Argonne National Laboratory ANL-70B (Long Version) – Reps & Certs September 29, 2026

1.5 Required Tax Documentation

Completion of this this representation and certification document serves as confirmation that the appropriate required tax documents (W-/W-8) have been or will be submitted to taxform@anl.gov (a secured site).

1) To find the correct IRS tax form, visit the IRS Forms & Publications page: https://www.irs.gov/forms-pubs

2) Should a Social Security Number (SSN) be provided instead of the Federal Employee Identification Number (FEIN), the SSN must be encrypted prior to submission to protect sensitive Personally Identifiable Information (PII).

3) Please do not return the tax form document to the Laboratory Procurement Official.

1.6 FAR 52.240-90 – Security Prohibitions and Exclusions Representations and Certifications

(excluding C(2)).

a) Definitions. As used in this provision

Backhaul, covered article, covered telecommunications equipment or services, critical technology, FASCSA order, Intelligence community, interconnection arrangements, national security system, roaming, sensitive compartmented information, sensitive compartmented information system, source, and substantial or essential component have the meanings provided in the clause 52.240-91, Security Prohibitions and Exclusions.

Business operations means engaging in commerce in any form, including by acquiring, developing, maintaining, owning, selling, possessing, leasing, or operating equipment, facilities, personnel, products, services, personal property, real property, or any other apparatus of business or commerce.

Marginalized populations of Sudan means

(1) Adversely affected groups in regions authorized to receive assistance under section 8(c) of the Darfur Peace and Accountability Act (Pub. L. 109-344) (50 U.S.C. 1701 note); and

(2) Marginalized areas in Northern Sudan described in section 4(9) of such Act.

Restricted business operations means business operations in Sudan that include power production activities, mineral extraction activities, oil-related activities, or the production of military equipment, as those terms are defined in the Sudan Accountability and Divestment Act of 2007 (Pub. L. 110-174). Restricted business operations do not include business operations that the person (as that term is defined in Section 2 of the Sudan Accountability and Divestment Act of 2007) conducting the business can demonstrate

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted under specific authorization from the Office of Foreign Assets Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorization;

(3) Consist of providing goods or services to marginalized populations of Sudan;

(4) Consist of providing goods or services to an internationally recognized peacekeeping force or humanitarian organization;

(5) Consist of providing goods or services that are used only to promote health or education; or

(6) Have been voluntarily suspended.

Sensitive technology

(1) Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically

(i) To restrict the free flow of unbiased information in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

(b) Procedures.

(1) Covered telecommunications and video surveillance. The Offeror shall review the list of excluded parties in the System for Award Management (SAM) at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”

(2) FASCSA Orders.

mailto:taxform@anl.gov https://www.bing.com/ck/a?!&&p=17ba47d941104760a5a3a8df3678a30da479a1bbf580c696d3a3da86b1c1af16JmltdHM9MTc5MDIwODAwMA&ptn=3&ver=2&hsh=4&fclid=2c969ba8-1715-6975-3779-8cf816b06852&u=a1aHR0cHM6Ly93d3cuaXJzLmdvdi9mb3Jtcy1wdWJz&ntb=1 https://www.sam.gov/

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(i) The Offeror shall search in SAM for the phrase “FASCSA order” for any covered article, or any products or services produced or provided by a source, if there is an applicable FASCSA order described in paragraph (e) of FAR 52.240-91, Security Prohibitions and Exclusions.

(ii) The Offeror shall review the solicitation for any FASCSA orders that are not in SAM but are effective and apply to the solicitation and resultant contract (see FAR 40.204-1(c)(2)).

(iii) FASCSA orders issued after the date of solicitation do not apply unless added by an amendment to the solicitation.

(c) Covered telecommunications equipment or services representations. By submission of its offer, the Offeror represents that, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit).

(1) It will not provide covered telecommunications equipment or services to the Laboratory in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation, except as waived by the solicitation, or as disclosed in paragraph (g);

(d) FASCSA Representation. By submission of this offer, the Offeror represents that it has conducted a reasonable inquiry, and that the offeror does not propose to provide or use in response to this solicitation any covered article, or any products or services produced or provided by a source, if the covered article or the source is prohibited by an applicable FASCSA order in effect on the date the solicitation was issued, except as waived by the solicitation, or as disclosed in paragraph (g). A reasonable inquiry will look at any information in the Offeror’s possession but does not need to include an internal or third-party audit.

(e) Sudan certification. By submission of its offer, the Offeror certifies, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit), that the Offeror does not conduct any restricted business operations in Sudan.

(f) Iran Representation and Certifications.

(1) Except as provided in paragraph (f)(2) of this provision or if a waiver has been granted in accordance with FAR 40.203-3, the Offeror, after conducting a reasonable inquiry (that looks at any information in the Offeror’s possession but does not need to include an internal or third-party audit), by submission of its offer—

(i) Represents, to the best of its knowledge and belief, that the Offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran;

(ii) Certifies that the Offeror, or any person (as defined at section 15 of the Iran Sanctions Act of 1996, Pub.

L. 104-172, 50 U.S.C. 1701 note) owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and

(iii) Certifies that the Offeror, and any person owned or controlled by the Offeror, does not knowingly engage in any transaction that exceeds $15,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at https://www.treasury.gov/resource-center/sanctions/SDN- List/Pages/default.aspx)

(2) Exception for trade agreements. The representation and certification requirements of paragraph (f)(1) of this provision do not apply if—

(i) This solicitation includes a trade agreements notice or certification (e.g., 52.225-6, Trade Agreements Certificate); and

(ii) The Offeror has certified that all the offered products to be supplied are designated country end products or designated country construction material.

(iii) The Offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx mailto:CISADA106@state.gov

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(g) Disclosure.

(1) If the Offeror is not able to represent compliance with the prohibitions in paragraphs (c) or (d), then the Offeror shall disclose within 72 hours to the contracting office identified in paragraph (g)(2) the following information for each product or service not compliant:

(i) Contract number and order number, if applicable;

(ii) Identification of whether this disclosure relates to paragraph (c) on covered telecommunication equipment or services, or to paragraph (d) on FASCSA orders;

(iii) A description of the products or services that the Contractor identifies or has reason to suspect is prohibited (include brand; model number, such as the original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(iv) The entity that produced the product or service (include entity name, unique entity identifier, Contractor and Government Entity (CAGE) code, facilities responsible for design, fabrication, assembly, packaging, and test of the product, and whether the entity was the OEM or a distributor (provide manufacturer codes and distributor codes used for the product));

(v) Description of the functionality of the product or service and how that functionality impacts the risk to the product or service;

(vi) An explanation of any factors relevant to determining if the product or service should be permitted by an applicable exception, exemption, or waiver (if the Offeror would like the Laboratory to consider a waiver);

(vii) Whether alternative products or services are available that would be compliant with the prohibition;

(viii) If the product or service is related to item maintenance, include the following information on the item being maintained:

(A) Brand;

(B) Model number, OEM number, manufacturer part number, or wholesaler number; and

(C) Item description, as applicable.

(ix) Any readily available information about mitigation actions undertaken or recommended.

(2) If a disclosure is required to be submitted to a contracting office, the Offeror shall submit the disclosure as follows:

(i) If a Department of Defense contracting office, the Offeror shall submit the disclosure to the website at https://dibnet.dod.mil.

(ii) For all other contracting offices, the Offeror shall submit the disclosure to the Laboratory Procurement Official.

(3) If the disclosure provided does not contain any of the information required by paragraph (1), and the Offeror later discovers new information that is required by paragraph (1), then the Offeror shall submit a subsequent disclosure within 72 hours of discovering the new information.

(h) Executive agency review of disclosures. The Laboratory Procurement Official will review disclosures provided in paragraph (g) to determine if any applicable waiver may be sought. The Laboratory Procurement Official may choose not to pursue a waiver and may instead make an award to an Offeror that does not require a waiver.

1.7 Laboratory Terms and Conditions

By submission of its offer, the Offeror represents that, unless exceptions are noted in the Offeror's proposal and accepted by the Laboratory, the Laboratory's standard terms and conditions (included in the Laboratory's solicitation) will be included in and govern any subsequent contract.

1.8 Suspect Counterfeit/Parts Certification

Offeror certifies that suspect/counterfeit parts, as further described in the proposed resultant agreement, shall not be used in the performance of any work resulting from its offer, whether on or off the Laboratory site, nor shall suspect/counterfeit parts be included in any supplies furnished as a result of this offer.

https://dibnet.dod.mil/

Page 6 of 18 Argonne National Laboratory ANL-70B (Long Version) – Reps & Certs

1.9 Personal Conflict of Interest Certification

Argonne National Laboratory (Argonne) seeks certification from your company disclosing that, following reasonable due diligence, Argonne and University of Chicago employees, former employees, and near relatives of employees, hold certain interests in your company. An affirmative response in the following certification will require Argonne to evaluate your offer to determine whether a conflict of interest exists.

A determination that a conflict of interest does exist may necessitate rejection of your offer. The fact that an Argonne employee or University of Chicago employee, former employee, or near relative of an employee, owns, controls, or has significant financial interest in your organization will not, in and of itself, necessarily be cause for rejection of an offer.

Definitions:

Employee: Any person currently having an employee relationship with Argonne or any member entity of Argonne (i.e., University of Chicago).

Near Relative: Employee’s 1) Spouse 2) Child or Grandchild 3) Parent or Grandparent 4) Brother or Sister 5) Niece or Nephew 6) Aunt or Uncle 7) Individual in Points 2-6 Who is a Step-Relative 8) In-Law 9) Civil Union Partner or Domestic Partner.

Control: Having some right to direct or transfer property (even though there exists no actual title to the property, such as trusteeship, power of appointment, or contract) that could be the basis for influence upon the selection or decisions of an organization’s management personnel.

Significant Financial Interest: Owning or controlling more than ten percent of the organization.

Certification: (Check appropriate response.)

An Employee or Near Relative Does own, control, or have a Significant Financial Interest in the Offeror’s organization. That Employee or Near Relative is identified below (must also include the name of the Argonne employee involved if a Near Relative is disclosed):

An Employee or a Near Relative Does Not own, control or have a Significant Financial Interest in the Offeror's organization.

1.10 Limited Rights Data

The Offeror shall mark any technical data deemed proprietary or confidential on each specific page of the Offeror’s proposal, otherwise the Laboratory will have unlimited rights as defined in this clause. The Laboratory assumes no liability of disclosure or use of unmarked data and may use or disclose such data for any purpose.

1.11 FAR 52.227-14 -Representation of Limited Rights Data and Restricted Computer Software

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

b) By completing the remainder of this paragraph, the Offeror represents that it has reviewed the requirements for the delivery of technical data or computer software and states [Ocheck appropriate block]

None of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer software.

Data proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are identified as follows:

DATA:

Not Applicable https://www.acquisition.gov/far/52.227-141?searchTerms=52.227-14 https://www.acquisition.gov/far/52.227-16?searchTerms=52.227-16 https://www.acquisition.gov/far/52.227-141?searchTerms=52.227-14

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(c) Any identification of limited rights data or restricted computer software in the Offeror’s response is not determinative of the status of the data should a contract be awarded to the Offeror.

NOTE: “Limited Rights Data” and “Restricted Computer Software” are defined in the contract clause “Rights in Data—General" 48-CFR 52.227-14

1.12 Certification As To Small Business or Non-Profit Status Under Public Law96-517 As Amended By Public Law 98-620

PATENT TERMS AND NOTICE OF RIGHT TO REQUEST PATENT WAIVER

(1) Under the provision of Public Law 96-517 as amended by Public Law 98-620, the patent terms required for contracts with Offerors in certain categories are as set forth in DOE Acquisition Regulations. In order to determine the Patent Provision applicable to this contract, please check the applicable box. 48 CFR 52.227-14 Offeror is:

(a) A small business firm as defined at Section 3 of Public Law 85-536 (15 U.S. C. 632) and implementing regulations of the Administrator of the Small Business Administration.

(b) A university or other institution of higher education or an organization of the type described in Section 501(c)(3) of the Internal Revenue Code of 1954 (26 U.S.C 501 (c)) and exempt from taxation under Section 501 (a) of the Internal Revenue Code (26 U.S.C 501 (a)); or

(c) A non-profit scientific or educational organization qualified under a State non-profit organization statute.

Please identify the statute:

(d) None of the above.

(2) Offerors who have checked (d) above have the right to request in advance of or within thirty (30) days after execution of the contract, in accordance with applicable statutes and DOE Patent Waiver Regulation 10 CFR 784, a waiver of all or any part of the rights of the United States in subject inventions. If the Offeror intends to request a waiver to such invention rights pursuant to DOE Patent Waiver Regulation 10 CFR 784, please indicate:

I intend to request an advance wavier in accordance with DOE Patent Waiver Regulation 10 CFR 784

I do not intend to request an advance waiver.

PART 2 – APPLICABLE FOR OFFERS ≥ $2,500 For Services

2.0 FAR 52.222-48 – Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Certification

a) The Offeror shall check the following certification: CERTIFICATION (this certification is applicable, check appropriate response.) The Offeror

DOES OR DOES NOT certify that-----

(1) The items of equipment to be serviced under this contract are used regularly for other than Government purposes, and are sold

Page 8 of 18 Argonne National Laboratory ANL-70B (Long Version) – Reps & Certs or traded by the Offeror (or subcontractor in the case of an exempt subcontractor) in substantial quantities to the general public in the course of normal business operations;

(2) The services will be furnished at prices which are, or are based on, established catalog or market prices for the maintenance, calibration, or repair of equipment.

i) An "established catalog price" is a price included in a catalog, price list, schedule, or other form that is regularly maintained by the manufacturer or the Offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public.

ii) An “established market price” is a current price, established in the usual course of trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or Offeror and

(3) The compensation (wage and fringe benefits) plan for all service employees performing work under the contract are the same as that used for these employees and equivalent employees servicing the same equipment of commercial customers.

b) Certification by the Offeror as to its compliance with respect to the contract also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the Offeror certifies to the conditions in paragraph (a) of this provision, and the Laboratory Procurement Official determines in accordance with FAR 22.1003-4(c)(3) that the Service Contract Labor Standards statute

(1) Will not apply to this Offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this Offeror; or

(2) Will apply to this Offeror, then the clause at 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, in this solicitation will not be included in any resultant contract awarded to this Offeror, and the Offeror may be provided an opportunity to submit a new offer on that basis.

c) If the Offeror does not certify to the conditions in paragraph (a) of this provision:

https://www.acquisition.gov/far/52.222-51?searchTerms=52.222-51

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1) The clause in this solicitation at 52.222-51 Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements, will not be included in any resultant contract awarded to this Offeror; and

2) The Offeror shall notify the Laboratory Procurement Official as soon as possible, if the Laboratory Procurement Official did not attach a Service Contract Labor Standards wage determination to the solicitation.

d) The Laboratory Procurement Official may not make an award to the Offeror, if the Offeror fails to execute the certification in paragraph (a) of this provision to or to the contracting Office as required in paragraph (c) of this provision.

2.1 FAR 52.222-52–Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services - Certification The Offeror shall check the following certification:

a) CERTIFICATION (if this certification is applicable, check appropriate response.)

The Offeror DOES OR DOES NOT certify that----

1) The services under the contract are offered and sold regularly to non-Governmental customers, and are provided by the Offeror (or subcontractor in the case of an exempt subcontract) to the general public in substantial quantities in the course of normal business operations;

2) The contract services are furnished at prices that are, or are based on, established catalog or market prices. An "established catalog price" is a price included in a catalog, price, list, schedule, or other form that is regularly maintained by the manufacturer or the Offeror, is either published or otherwise available for inspection by customers, and states prices at which sales currently, or were last, made to a significant number of buyers constituting the general public. An "established market price" is a current price, established in the usual course of ordinary and usual trade between buyers and sellers free to bargain, which can be substantiated from sources independent of the manufacturer or Offeror;

3) Each service employee who will perform the services under the contract will spend only a small portion of his or her time (a monthly average of less than 20 percent of the available hours on an annualized basis, or less than 20 percent of available hours during the contract period if the contract period is less than a month) servicing contract; and

4) The Offeror uses the same compensation (wage and fringe benefits) plan for all service employees performing work under the contract as the Offeror uses for these employees and for equivalent customers.

b) Certification by the Offeror as to its compliance with respect to the contract, also constitutes its certification as to compliance by its subcontractor if it subcontracts out the exempt services. If the Offeror certifies to the conditions in paragraph (a) of this provision, and the Laboratory Procurement Official determines in accordance with FAR 22.1003-4(d)(3) that the Service contract Labor Standards statute;

1) Will not apply to this Offeror, then the Service Contract Labor Standards clause in this solicitation will not be included in any resultant contract to this Offeror; or

2) Will apply to this Offeror, then the clause at FAR 52.222-53, Exemption from Application of the Service Contract Labor Standards to

Contracts for Certain Services-Requirements, in this solicitation will not be included in any resultant contract awarded to this Offeror and the Offeror may be provided an opportunity to submit a new offer on that basis.

b) If the Offeror does not certify to the conditions in paragraph (a) of this provision-

1) The clause of this solicitation at 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for

Certain Services-Requirements, will not be included in any resultant contract to this Offeror; and

2) The Offeror shall notify the Laboratory Procurement Official as soon as possible if the Laboratory Procurement Official did not attach a Service Contract Labor Standards wage determination to the solicitation.

3) The Laboratory Procurement Official may not make an award to the Offeror, if the Offeror fails to execute the certification in paragraph (a) of this provision or to contact the Laboratory Procurement Official as required in paragraph (c) of this provision.

https://www.acquisition.gov/far/52.222-51#FAR_52_222_51 https://www.acquisition.gov/far/52.222-53?searchTerms=52.222-53 https://www.acquisition.gov/far/52.222-53?searchTerms=52.222-53

Page 10 of 18 Argonne National Laboratory ANL-70B (Long Version) – Reps & Certs

PART 3 – APPLICABLE FOR OFFERS ≥ $15,000

3.0 FAR 52.222-90 – Addressing DEI Discrimination by Federal Contractors

(a) Definitions:

Program participation means membership or participation in, or access or admission to training, mentoring, or leadership development programs; educational opportunities; clubs; associations; or similar opportunities that are sponsored or established by the Offeror or any sub-tier subcontractors.

Racially discriminatory diversity, equity, and inclusion (DEI) activities mean disparate treatment based on race or ethnicity in the recruitment, employment (e.g. hiring, promotions), contract (e.g. Offeror agreements), program participation, or allocation or deployment of an Offeror’s resources.

Certification: The Offeror certifies that it and its subcontractors of every tier, if any, DO or DO NOT engage in any defined discriminatory DEI activities. Offeror acknowledges its continuing duty to update this certification in the event of a change.

3.0 FAR 52.225-1 – Buy American– Supplies

(a) The Offeror certifies that each end product, except those listed in paragraph (b) of this provision, is a domestic end product and that for other than COTS items, the Offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products, i.e., an end product that is not a COTS item and does not meet the component test in paragraph

(2) of the definition of “domestic end product.” The terms “commercially available off- the-shelf (COTS) item,” “component,” “domestic end product,” “end product,” foreign end product,” and “United States” are defined in the clause of this solicitation entitled “Buy American Act – Supplies.”

(b) Foreign End Products* (Do not leave Table Blank. If line items are domestic end-products, please state "NONE" in the table below)

Please list below any line items that contain more than 35% foreign manufactured end-products

Line-Item No. Country of Origin

*This table may not be left blank. If “None” is entered in this section, this means all items from the Offeror are domestic end-products, and thus made or manufactured in the USA. Do not place “N/A” in this section. If items are made or manufactured outside the USA, please complete this table.

PART 4 – APPLICABLE FOR OFFERS > $40,000

4.0 FAR 52.204-10 Reporting Executive Compensation and First-Tier Subcontract Awards

(a) Definitions. As used in this clause:

“Executive” means officers, managing partners, or any other employees in management positions.

“First-tier subcontract” means a subcontract awarded directly by the Contractor to acquire supplies or services (including construction) for performing a prime contract. It does not include the Contractor’s supplier agreements with vendors, such as long-term arrangements for materials or supplies that benefit multiple contracts and/or the costs of which are normally applied to a Contractor’s general and administrative expenses or indirect costs.

“Month of Award” means the month in which the Laboratory Procurement Official signs a contract or the month in which the Contractor signs a first-tier subcontract.

“Total compensation” means the cash and noncash dollar value earned by the executive during the Contractor’s preceding fiscal year

Page 11 of 18 Argonne National Laboratory ANL-70B (Long Version) – Reps & Certs and includes the information described at 17 CFR 229.402(c)(2)

b) Requirement. Section 2(d)(2) of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of the Government Funding Transparency Act of 2008 (Pub. L. 110-252), requires the Contractor to report information on subcontract awards. The law requires all reported information be made public; therefore, the Contractor is responsible for notifying its subcontractors that the required information will be made public. Nothing in this clause requires disclosing classified Information.

(b) Reporting. Unless otherwise directed by the Laboratory Procurement Official, or as provided in paragraph (f) of this clause, the Contractor shall report the following in the System for Award Management at htrtps://www.sam.gov as follows:

(1) Executive compensation of the prime contractor. The Contractor shall report the names and total compensation of each of the five most highly compensated executives for its preceding completed fiscal year, if—

(i) In the Contractor’s preceding fiscal year, the Contractor received:

(A) 80 percent or more of its annual gross revenues from Federal contracts (and subcontracts), loans, grants (and sub-grants) cooperative agreements, and other forms of Federal financial assistance; and

(B) $25,000,000 or more in annual gross revenues from Federal Contracts (and subcontracts), loans, grants (and sub-grants) and cooperative agreements and other forms of Federal financial Assistance; and

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986. (To determine if the public has access to the compensation information, see the U.S.

Security and Exchange Commission total compensation filings at http://www.sec.gov/answers/execomp.htm

(2) First-tier subcontract information. The Contractor shall report the following information by the end of the month following the month of award of each first-tier subcontract award:

(i) Unique entity identifier for the subcontractor receiving the award and for the subcontractor’s ultimate parent company, if the subcontractor has a parent company.

(ii) Name of the subcontractor.

(iii) Amount of the subcontract award.

(iv) Date of the subcontract award.

(v) A description of the products or services (including construction) being provided under the subcontract, including the overall purpose and expected outcomes or results of the subcontract.

(vi) The subcontract number assigned by the Prime Contractor.

(vii) Subcontractor’s physical address.

(viii) Subcontractor’s primary performance location.

(ix) The prime contract number, and order number if applicable.

(x) Awarding agency name and code.

(xi) Funding agency name and code.

(xii) Government contracting office code.

(xiii) The applicable North American Industry Classification System code.

(3) Executive compensation of the first-tier subcontractor. The Contractor shall report by the end of the month following the month of award of a first-tier subcontract award and annually thereafter (calculated from the prime contract award date) the names and total compensation of each of the five most highly compensated executives for that subcontractor in the subcontractor’s preceding completed fiscal year, if—

(i) In the subcontractor’s preceding fiscal year, the subcontractor received—

(A)80 percent or more of its annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and

(B)$25,000,000 or more in annual gross revenues from Federal contracts (and subcontracts); loans, grants (and subgrants); cooperative agreements; and other forms of Federal financial assistance; and http://www.sec.gov/answers/execomp.htm

Page 12 of 18 Argonne National Laboratory ANL-70B (Long Version) – Reps & Certs

(ii) The public does not have access to information about the compensation of the executives through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986 (see http://www.sec.gov/answers/execomp.htm).

(d) Restriction. The Contractor shall not split or break down subcontracts to a value below the threshold at the Federal Acquisition Regulation 4.208(e), on the date of subcontract award, to avoid the reporting requirements in paragraph (c) of this clause.

(e) Duration. Continued reporting on first-tier subcontracts is not required unless one of the reported data elements changes during the performance of the subcontract. The Contractor is not required to make further reports after a first-tier subcontract expires.

(f) Exceptions.

(1) If the Contractor in the previous tax year had gross income, from all sources, under $300,000, the Contractor is exempt from the requirement to report subcontractor awards.

(2) If a subcontractor in the previous tax year had gross income from all sources under $300,000, the Contractor does not need to report awards for that subcontractor.

(g) Prepopulated data. The Subcontract Reports in SAM will prepopulate with some information from SAM and the Federal Procurement Data System (FPDS). If the FPDS information is incorrect, the Offeror should notify the Laboratory Procurement Official.

If the SAM information is incorrect, the Offeror is responsible for correcting this information.

PART 5 – APPLICABLE FOR OFFERS ≥ $45,000

5.0 FAR 52.209-5–Certification Regarding Responsibility Matters.

(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 OR ARE NOT, presently debarred, suspended, proposed for debarment or declared ineligible for the award of contracts by any Federal agency;

(B) HAVE OR HAVE NOT, within 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 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, violating Federal criminal tax laws, or receiving stolen property (if Offeror checks “have”, the Offeror shall also see 52.209-7, if included in this solicitation,

(C) ARE OR ARE NOT, presently indicted for or otherwise criminally or civilly charged by a governmental

(1) entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision (2)

(D) HAVE OR HAVE NOT, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2)for which the liability remains unsatisfied.

(1) Federal taxes are considered delinquent if both of the following criteria apply:

i The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

i The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.

http://www.sec.gov/answers/execomp.htm https://www.acquisition.gov/far/9.104-5#FAR_9_104_5

Page 13 of 18 Argonne National Laboratory ANL-70B (Long Version) – Reps & Certs

(b) The Offeror HAS OR HAS NOT within a three-year period preceding this offer had one or more contracts terminated for default by any Federal Agency.

(2) “Principal,” for the purposes of this certification, means an

Officer, director, owner, partner, o r a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a division or business segment, and similar positions).

(c) The Offeror shall provide immediate written notice to the Laboratory Procurement Official 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.

(d) 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 Laboratory will consider the certification 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 Laboratory Procurement Official may render the Offeror nonresponsible.

(e) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a).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.

(f) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Laboratorylater determines that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Laboratory, the Laboratory Procurement Official, may terminate the contract resulting from this solicitation for default.

PART 6 – APPLICABLE FOR OFFERS ≥ $50,000

6.0 FAR 52.222-18 – Certification Regarding Knowledge of Child Labor for Listed End Products

(a) Definition.

Forced or indentured child labor means all work or service-

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

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

(b) Listed end products.

Reference the following for a detailed list: https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products

(c) Certification. The Offeror, by checking the appropriate block, certifies to either paragraph (c)(1) or paragraph (c)(2) of this provision.

(3) The Offeror WILL OR WILL NOT supply any end product listed in paragraph (b) of this provision that was mined, produced or manufactured in a corresponding country as listed for that end product.

4) The Offeror MAY OR MAY NOT supply an end product listed in paragraph (b) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product. The Offeror certifies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture such end product. On the basis of those efforts, the Offeror certifies that it is not aware of any such use of child labor.

PART 7 – APPLICABLE FOR OFFERS ≥ $200,000

7.0 FAR 52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions https://www.acquisition.gov/far/52.203-11#FAR_52_203_11

TheOfferor, by signing its offer, hereby certifies to the best of its knowledge and belief that 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 its behalf in connection with the awarding of this contract.

https://www.dol.gov/agencies/ilab/reports/child-labor/list-of-products https://www.acquisition.gov/far/52.203-11#FAR_52_203_11

Page 14 of 18 Argonne National Laboratory ANL-70B (Long Version) – Reps & Certs

7.1 FAR 52.222-37 – Compliance with Veteran’s Employment Reporting Requirements

(a) Definitions. As used in this clause, "active duty wartime or campaign badge veteran," "Armed Forces service medal veteran," "disabled veteran," "protected veteran," and "recently separated veteran," have the meanings given in Federal Acquisition Regulation (FAR) 22.1301.

(b) Unless the Contractor is a State or local government agency, the Contractor must report at least annually, as required by the Secretary of Labor, on-

(1) The total number of employees in the contractor’s workforce, by job category and hiring location, who are protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans);

(2) The total number of new employees hired during the period covered by the report, and of the total, the number of protected veterans (i.e., active duty wartime or campaign badge veterans, Armed Forces service medal veterans, disabled veterans, and recently separated veterans); and

(3) The maximum number and minimum number of employees of the Contractor or subcontractor during the period covered by the report.

(c) The Contractor must report the above items by filing the VETS-4212 "Federal Contractor Veterans’ Employment Report" (see "VETS-4212 Federal Contractor Reporting" and "Filing Your VETS-4212 Report" at http://www.dol.gov/vets/vets4212.htm).

(d) The Contractor must file VETS-4212 Reports no later than September 30 of each year.

(e) The employment activity report required by paragraphs (b)(2) and (b)(3) of this clause must reflect total new hires, and maximum and minimum number of employees, during the most recent 12–month period preceding the ending date selected for the report.

(f) The number of veterans reported must be based on data known to the contractor when completing the VETS-4212. The contractor’s knowledge of veterans status may be obtained in a variety of ways, including an invitation to applicants to self-identify (in accordance with 41 CFR 60-300.42), voluntary self-disclosure by employees, or actual knowledge of veteran status by the contractor. This paragraph does not relieve an employer of liability for discrimination under 38 U.S.C. 4212.

(g) The Contractor must insert the terms of this clause in subcontracts valued at or above the threshold specified in FAR 22.1302- 1(b) on the date of subcontract award, unless exempted by rules, regulations, or orders of the Secretary of Labor.

PART 8 – APPLICABLE FOR FIXED PRICE OFFERS ≥ $350,000

8.0 FAR 52.203-2 – Certificate of Independent Price Determination

(a) The Offeror certifies that:

1) The prices in this offer have been arrived at independently, without, for the purpose of restricted 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 priced 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 http://www.dol.gov/vets/vets4212.htm http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title38-section4212&num=0&edition=prelim

Page 15 of 18 Argonne National Laboratory ANL-70B (Long Version) – Reps & Certs not participate in any action contrary to paragraphs (a)(1) through (a)(3) of this provision

Full Name:

(Person in Offeror’s organization responsible for determining prices offered in this bid/proposal)

Title Within Organization:

(Insert full title of his/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 paragraphs (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 paragraphs (a)(1) through (a)(3) of this provision.

(i) If the Offeror deletes or modifies subparagraph (a)(2), the Offeror must furnish with its offer a signed statement setting forth in detail the circumstances of the disclosure.

8.1 FAR 52.203-5 – Covenant Against Contingent Fees (Other than Commercial Products and Services)

(a) The Offeror warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Laboratory shall have the right to annul this contract without liability or, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee.

(b) "Bona fide agency," as used in this clause, means an established commercial or selling agency,…