Section K - Reps and Certs 11 JUN 2025.pdf

Oracle Consolidated Project (OCP) 11 June 2025

Section K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS OF

CONTRACTORS

The contractor represents and certifies as part of the quote that: (Check or complete all applicable boxes or blocks.)

1. TYPE OF BUSINESS ORGANIZATION (JUN 2001) The contractor, 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.

(b) if the contractor 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)

2. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (JUN 2001).

The contractor represents that-

(a) It ( ) has, ( ) has not, participated in a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 301 of Executive Order No. 10925, or the clause contained in Section 201 of Executive Order No. llll4;

(b) It ( ) has, ( ) has not, filed all required compliance reports; and

(c) Representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained prior to subcontract awards.

3. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (JUN 2001).

(a) The contractor certifies that-

(1) The prices in this quote have been arrived at independently, without, for the purpose of restricting competition, any consultation, communication, or agreement with any other contractor or competitor relating to (i) those prices, (ii) the intention to submit a quote, or (iii) the methods or factors used to calculate the prices quoted;

(2) The prices in this quote have not been and will not be knowingly disclosed by the contractor, directly or indirectly, to any other contractor or competitor before contract award unless otherwise required by law; and

(3) No attempt has been made or will be made by the contractor to induce any other concern to submit or not to submit a quote for the purpose of restricting competition.

(b) Each signature on the quote is considered to be a certification by the signatory that the signatory-

(1) Is the person in the contractor's organization responsible for determining the prices in this quote, and that the signatory has not participated and will not participate in any action contrary to subparagraphs (a)(l) through (a)(3) above; 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)(l) through (a)(3) above:

[insert full name of person(s) in the contractor's organization responsible for determining the prices quoted in this quote, and the title of his or her position in the contractor's organization];

(ii) As an authorized agent, does certify that the principals named in subdivision (b)(2)(i) above have not participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs (a)(l) through (a)(3) above.

(c) If the contractor deletes or modifies subparagraph (a) (2) above, the contractor must furnish with its quote a signed statement setting forth in detail the circumstances of the disclosure.

4. BUY AMERICAN - TRADE AGREEMENTS - BALANCE OF PAYMENTS PROGRAM

CERTIFICATE (JUN 2001).

(a) The contractor hereby certifies that each end product, except the end products listed in paragraph (b), is a domestic end product (as defined in the clause entitled "Buy American Act--, Trade Agreements Act--, and Balance of Payments Program") and that components of unknown origin have been considered to have been mined, produced, or manufactured outside the United States, a designated country, a North American Free Trade Agreement (NAFTA) Country, or a Caribbean Basin country, as defined in section 25.401 of the Federal Acquisition Regulation.

(b) Excluded End Products

Line-Item No. Country of Origin

(List as necessary)

(c) Quotes will be evaluated by giving certain preference to domestic end products and foreign qualifying country end products, NAFTA country end products, and Caribbean Basin country end products over other end products. In order to obtain these preferences in the evaluation of each excluded end product listed in paragraph (b) of this provision, contractor must identify and certify below those excluded end products that are designated or NAFTA country end products, or Caribbean Basin country end products. Products that are not identified and certified below will not be deemed designated country end products, NAFTA country end products, or Caribbean Basin country end products. Contractor must certify by inserting the applicable line-item numbers in the following:

(i) The contractor certifies that the following supplies qualify as “designated of NAFTA country end products” as those terms are defined in the clause entitled “Buy American Act -- Trade Agreements Act -- Balance of Payments for Program”:

(insert line-item no.)

(ii) The contractor certifies that the following supplies qualify as “Caribbean Basin country end products” as that term is defined in the clause entitled “Buy American Act -

Trade Agreements Act - Balance of Payments Program:

(insert line-item no.)

(d) Quotes will be evaluated in accordance with the Nonappropriated Fund Standard Clauses.

5. PAYMENT ADDRESS. Contractor must set forth the address where payment is to be made.

Payment is to be made to:

(Name of Firm)

(By)

6. ACKNOWLEDGEMENT OF AMENDMENTS

Amendment No. Date

The contractor acknowledges receipt of Amendments to solicitation for quotes and related documents numbers and dated as follows.

7. AUTHORIZED NEGOTIATORS (JUN 2001)

The contractor represents that the following persons are authorized to negotiate on its behalf with the Nonappropriated Fund Instrumentality (NAFI) in connection with this request for proposal: [list names, titles, and telephone numbers of the authorized negotiators].

8. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED

DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (JUN 2001)

(a)(1) The contractor certifies, to the best of its knowledge and belief, that -

(i) The contractor 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 and Federal Agency;

(B) Have have not , within a three-year period preceding this quote, 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 quotes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; and

(C) 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)(B) of this provision.

(ii) The contractor has has not , within a three-year period preceding this quote, had one or more contracts terminated for default by any Federal agency.

(2) "Principals," for the purposes of this certification, means officers; directors; owners;

partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; 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 CERTIFICATION MAY RENDER THE MAKER SUBJECT TO

PROSECUTION UNDER SECTION 1001, TITLE 18, UNITED STATES CODE.

(b) The contractor shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the contractor learns 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 contractor 's responsibility. Failure of the contractor to furnish a certification or provide such additional information as requested by the Contracting Officer may render the contractor 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 a contractor is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the contractor knowingly rendered an erroneous certification, in addition to other remedies available to the NAFI, the Contracting Officer may terminate the contract resulting from this solicitation for default.

(End of Provision)

9. TAXPAYER IDENTIFICATION (JUN 2001)

(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 contractor is a member.

"Corporate status," as used in this solicitation provision, means a designation as to whether the contractor is a corporate entity, an unincorporated entity (e.g., sole proprietorship or partnership), or a corporation providing medical and health care services.

"Taxpayer Identification Number (TIN)," as used in this solicitation provision, means the number required by the IRS to be used by the contractor in reporting income tax and other returns.

(b) All contractors are required to submit the information required in paragraphs (c) through

(e) of this solicitation provision in order to comply with reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M and implementing regulations issued by the Internal Revenue Service (IRS).

(c) Taxpayer Identification Number (TIN).

_ TIN: .

_ TIN has been applied for.

_ TIN is not required because:

_ Contractor 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 U.S.

and does not have an office or place of business or a fiscal paying agent in the U.S.;

_ Contractor is an agency or instrumentality of a foreign government;

_ Contractor is an agency or instrumentality of a Federal, state, or local government;

_ Other. State basis.

(d) Corporate Status.

_ Corporation providing medical and health care services, or engaged in the billing and collecting of payments for such services;

_ Other corporate entity;

_ Not a corporate entity;

_ Sole proprietorship _ Partnership _ Hospital or extended are facility described in 26 CFR 501(c)(3) that is exempt from taxation under 26 CFR 501(a).

(e) Common Parent.

_ Contractor is not owned or controlled by a common parent as described in paragraph (a) of this clause.

_ Name and TIN of common parent:

Name

TIN

(End of provision)

[END]