Attachment 3 - Representations and Certifications_10.28.24.pdf

Attachment 3 Representations and Certifications

Food Service Concessions at the Defense Advanced Research Projects Agency in Arlington, Virginia October 28, 2024

SECTION I - CERTIFICATIONS AND REPRESENTATIONS

The Offeror represents and certifies, as part of its proposal, the following (check or complete all applicable boxes or blocks):

1. Type of Business Organization

a. Offeror operates as: ( ) an individual, ( ) a partnership, ( ) a nonprofit organization, ( ) a corporation, or ( ) Limited Liability Company.

b. Offeror is incorporated under the laws of ___________________________ and/or its principal place of business is in

2. Controlled By Government Employee Offeror certifies by signing below that he/she is not a government employee nor is their firm substantially controlled by a government employee(s).

SIGNATURE TITLE DATE

3. Affirmative Action Note: Complete either paragraph a. or b. as applicable.

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

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

4. Equal Opportunity Offeror ( ) has, ( ) has not, participated in a previous contract or subcontract subject to either the Equal Opportunity clause herein or Executive Order No. 11246; and offeror ( ) has, ( ) has not, filed all required compliance reports; representations indicating submissions of required compliance reports signed by proposed subcontractors will be obtained prior to subcontract awards. (The above representation need not be submitted in connection with contracts or subcontracts that are exempt from the clause.)

5. Certification of Non-segregated Facilities (Applicable to contracts exceeding $10,000 and not exempt from the provisions of the Equal Opportunity Clause.)

Food Service Concessions at the Defense Advanced Research Projects Agency in Arlington, Virginia October 28, 2024

The Offeror certifies that it does not maintain or provide for its employees any segregated facilities at any of its establishments, and that it does not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. Offeror certifies further that it will not maintain or provide for its employees any segregated facilities at any of its establishments, and that it will not permit its employees to perform their services at any location, under its control, where segregated facilities are maintained. The Offeror or subcontractor agrees that a breach of its certification is a violation of the Equal Opportunity clause in this Contract. As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, restrooms and washrooms, 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 which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin, because of habit, local custom or otherwise. Offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods), it will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000, which are not exempt from the provisions of the Equal Opportunity clause; that it will retain such certifications in its files; and that it will forward the following notice to such proposed subcontractors (except where the proposed subcontractors have submitted identical certifications for specific time periods):

“Notice to Prospective Subcontractors of Requirement for Certification of Non-segregated Facilities:

A Certification of Non-segregated Facilities must be submitted prior to the award of a subcontract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity clause. The certification may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually).

Note: The penalty for making false statements in proposals is prescribed in 18 U.S.C.

§1001.”

6. Representations Regarding Certain Telecommunications and Video Surveillance Services or Equipment (DEC 2020)

a. Definitions. As used in this provision — “Covered telecommunications equipment or services” and “Substantial or essential component” have the meanings provided in clause entitled “Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment.”

b. Representations.

Food Service Concessions at the Defense Advanced Research Projects Agency in Arlington, Virginia October 28, 2024

(1) Representation Part A – The Offeror represents it will (__), will not (__) provide covered telecommunications equipment or services to the Government in the performance of any contract, subcontract or other contractual instrument resulting from this solicitation.

(2) Representation Part B – After conducting a reasonable inquiry, for purposes of this representation, the Offeror represents that it does (__), does not (__) use covered telecommunications equipment or services, or use any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system.

c. Disclosures. If the Offeror has responded affirmatively to the representation in paragraph b. of this provision, the Offeror shall provide the following information as part of the offer:

(1) All covered telecommunications equipment and services offered (include brand;

model number, such as original equipment manufacturer (OEM) number, manufacturer part number, or wholesaler number; and item description, as applicable);

(2) Explanation of the proposed use of covered telecommunications equipment and services and any factors relevant to determining if such use would be permissible under the prohibition in paragraph b. of this provision;

(3) For services, the entity providing the covered telecommunications services (include entity name, and unique entity identifier); and

(4) For equipment, the entity that produced the covered telecommunications equipment (include entity name, unique entity identifier, and whether the entity was the OEM or a distributor, if known

d. Reporting requirement.

(1) In the event the Contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, during contract performance, or the Contractor is notified of such by a subcontractor at any tier or by any other source, the Contractor shall report the information in paragraph d(2) of this clause to the Contracting Officer, unless elsewhere in this contract are established procedures for reporting the information. For indefinite delivery contracts, the Contractor shall report to the Contracting Officer for the indefinite delivery contract and the Contracting Officer(s) for any affected order.

(2) The Contractor shall report the following information pursuant to paragraph d(1) of this provision:

(a) Within one business day from the date of such identification or notification:

the contract number; the order number(s), if applicable; supplier name;

supplier unique entity identifier (if known); brand; model number (original

Food Service Concessions at the Defense Advanced Research Projects Agency in Arlington, Virginia October 28, 2024 equipment manufacturer number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended.

(b) Within 10 business days of submitting the information in paragraph d(2)(a) of this clause: any further available information about mitigation actions undertaken or recommended. In addition, the Contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services.

7. Prohibition on Procurement of Certain Items Containing Perfluorooctane Sulfonate or Perfluorooctanoic Acid (APR 2023)

a. Effective 01 April 2023, in accordance with section 333 of the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021 (Pub. L. 116-283), the Department of Defense may not procure any covered items that contain perfluorooctane sulfonate (PFOS) or perfluooctanic acid (PFOA).

b. A covered item means the following:

(1)Nonstick cookware or cooking utensils for use in galleys or dining facilities; and (2)Upholstered furniture, carpets, and rugs that have been treated with stain-resistant coatings.

c. The Contractor shall not provide any covered items containing PFOS or PFOA in performance of this contract, task order, delivery order, or purchase order.

d. The Contractor shall include the substance of this clause, including this paragraph (4), in subcontracts for any covered item, including subcontracts for commercial products (including commercially available off-the-shelf items) and commercial services.

e. Representation. By submission of its offer, the Contractor/Offeror represents that it is not providing as part of its offer any covered items containing PFOS and PFOA.