PART IV REPRESENTATIONS AND INSTRUCTIONS SECTION K ......2 to the representations and certifications posted on SAM. 3 FAR 52.204-19 Incorporation by Reference of Representations and

222-S LABORATORY CONTRACT SECTION K SOLICITATION NO. 89303318REM000012

K-i

PART IV – REPRESENTATIONS AND INSTRUCTIONS

SECTION K

REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF OFFERORS


K-ii

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K-iii

Table of Contents

FAR 52.204-8 Annual Representations and Certifications (Jan 2018) ..................................... K-1

FAR 52.204-19 Incorporation by Reference of Representations and Certifications

(Dec 2014) ...................................................................................................................................... K-5

FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013) ............................... K-5

DEAR 952.204-73 Facility Clearance (Aug 2016) ...................................................................... K-6

Certification Regarding Facility Clearance - Foreign Ownership, Control or Influence

Information .................................................................................................................................... K-8

DOE-K-2001 Notice of Earned Value Management System (Aug 2013) ................................. K-9

Organizational Conflicts of Interest Disclosure ....................................................................... K-10

Agreement to Use Non-Federal Support Personnel ................................................................. K-11

Cost and Fee Proposal Certification .......................................................................................... K-11

Solicitation Certification ............................................................................................................. K-12

DEAR 970.5223-3 Agreement Regarding Workplace Substance Abuse Programs at

DOE Sites (Dec 2010) .................................................................................................................. K-12

Signature/Certification ............................................................................................................... K-13


K-iv



K-1

FAR 52.204-8 Annual Representations and Certifications (Jan 2018) 1

(a) 2

(1) The North American Industry Classification System (NAICS) Code for this acquisition is 562910 3

– Environmental Remediation Services. 4

(2) The small business standard is 750 employees. 5

(3) The small business size standard for a concern which submits an offer in its own name, other than 6

on a construction or service contract, but which proposes to furnish a product which it did not 7

itself manufacture, is 500 employees. 8

(b) 9

(1) If the provision at 52.204-7, System for Award Management, is included in this solicitation, 10

paragraph (d) of this provision applies. 11

(2) If the provision at 52.204-7 is not included in this solicitation, and the offeror is currently 12

registered in the System for Award Management (SAM), and has completed the Representations 13

and Certifications section of SAM electronically, the offeror may choose to use paragraph (d) of 14

this provision instead of completing the corresponding individual representations and certification 15

in the solicitation. The offeror shall indicate which option applies by checking one of the 16

following boxes: 17

[ ] (i) Paragraph (d) applies. 18

[ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual 19

representations and certifications in the solicitation. 20

(c) 21

(1) The following representations or certifications in SAM are applicable to this solicitation as 22

indicated: 23

(i) 52.203-2, Certificate of Independent Price Determination. This provision applies to 24

solicitations when a firm fixed-price contract or fixed-price contract with economic price 25

adjustment is contemplated, unless- 26

(A) The acquisition is to be made under the simplified acquisition procedures in Part 13; 27

(B) The solicitation is a request for technical proposals under two-step sealed bidding 28

procedures; or 29

(C) The solicitation is for utility services for which rates are set by law or regulation. 30

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal 31

Transactions. This provision applies to solicitations expected to exceed $150,000. 32

(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal 33

Confidentiality Agreements or Statements-Representation. This provision applies to all 34

solicitations. 35

(iv) 52.204-3, Taxpayer Identification. This provision applies to solicitations that do not include 36

the provision at 52.204-7, System for Award Management. 37


K-2

(v) 52.204-5, Women-Owned Business (Other Than Small Business). This provision applies to 1

solicitations that- 2

(A) Are not set aside for small-business concerns; 3

(B) Exceed the simplified acquisition threshold; and 4

(C) Are for contracts that will be performed in the United States or its outlying areas. 5

(vi) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—6

Representation. 7

(vii) 52.209-5; Certification Regarding Responsibility Matters. This provision applies to 8

solicitations where the contract value is expected to exceed the simplified acquisition 9

threshold. 10

(viii) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony 11

Conviction under any Federal Law. This provision applies to all solicitations. 12

(ix) 52.214-14, Place of Performance-Sealed Bidding. This provision applies to invitations for 13

bids except those in which the place of performance is specified by the Government. 14

(x) 52.215-6, Place of Performance. This provision applies to solicitations unless the place of 15

performance is specified by the Government. 16

(xi) 52.219-1, Small Business Program Representations (Basic & Alternate I). This provision 17

applies to solicitations when the contract will be performed in the United States or its 18

outlying areas. 19

(A) The basic provision applies when the solicitations are issued by other than DoD, 20

NASA, and the Coast Guard. 21

(B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or 22

the Coast Guard. 23

(xii) 52.219-2, Equal Low Bids. This provision applies to solicitations when contracting by 24

sealed bidding and the contract will be performed in the United States or its outlying areas. 25

(xiii) 52.222-22, Previous Contracts and Compliance Reports. This provision applies to 26

solicitations that include the clause at 52.222-26, Equal Opportunity. 27

(xiv) 2.222-25, Affirmative Action Compliance. This provision applies to solicitations, other 28

than those for construction, when the solicitation includes the clause at 52.222-26, 29

Equal Opportunity. 30

(xv) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements. This 31

provision applies to solicitations when it is anticipated the contract award will exceed the 32

simplified acquisition threshold and the contract is not for acquisition of commercial items. 33

(xvi) 52.223-1, Biobased Product Certification. This provision applies to solicitations that require 34

the delivery or specify the use of USDA-designated items; or include the clause at 52.223-35

2, Affirmative Procurement of Biobased Products Under Service and Construction 36

Contracts. 37


K-3

(xvii) 52.223-4, Recovered Material Certification. This provision applies to solicitations that are 1

for, or specify the use of, EPA–designated items. 2

(xviii) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals–3

Representation. This provision applies to solicitation that include the clause at 52.204-7. 4

(xix) 52.225-2, Buy American Certificate. This provision applies to solicitations containing the 5

clause at 52.225-1. 6

(xx) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate. 7

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause 8

at 52.225-3. 9

(A) If the acquisition value is less than $25,000, the basic provision applies. 10

(B) If the acquisition value is $25,000 or more but is less than $50,000, the provision 11

with its Alternate I applies. 12

(C) If the acquisition value is $50,000 or more but is less than $80,317, the provision 13

with its Alternate II applies. 14

(D) If the acquisition value is $80,317 or more but is less than $100,000, the provision 15

with its Alternate III applies. 16

(xxi) 52.225-6, Trade Agreements Certificate. This provision applies to solicitations containing 17

the clause at 52.225-5. 18

(xxii) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-19

Certification. This provision applies to all solicitations. 20

(xxiii) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or 21

Transactions Relating to Iran—Representation and Certifications. This provision applies to 22

all solicitations. 23

(xxiv) 52.226-2, Historically Black College or University and Minority Institution Representation. 24

This provision applies to solicitations for research, studies, supplies, or services of the type 25

normally acquired from higher educational institutions. 26

(1) The following representations or certifications are applicable as indicated by the Contracting 27

Officer: 28

X (i) 52.204-17, Ownership or Control of Offeror. 29

X (ii) 52.204-20, Predecessor of Offeror. 30

____ (iii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End 31

Products. 32

____ (iv) 52.222-48, Exemption from Application of the Service Contract Labor Standards 33

to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- 34

Certification. 35

____ (v) 52.222-52 Exemption from Application of the Service Contract Labor Standards 36

to Contracts for Certain Services-Certification. 37


K-4

____ (vi) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material 1

Content for EPA-Designated Products (Alternate I only). 2

X (vii) 52.227-6, Royalty Information. 3

X (A) Basic. 4

____ (B) Alternate I. 5

____ (viii) 52.227-15, Representation of Limited Rights Data and Restricted Computer 6

Software. 7

X (ix) 970.5227-1 Rights in data-facilities. This solicitation sets forth the Government's 8

known delivery requirements for data (as defined in the clause at 970.5227-1 9

Rights in Data-Facilities) and any data delivered under the resulting contract will 10

be subject to this clause. The offeror represents that it has reviewed the 11

requirements for the delivery of technical data or computer software and states 12

[Offeror check appropriate block] - 13

( ) None of the data proposed for fulfilling the data delivery requirements 14

qualifies as limited rights data or restricted computer software; or 15

( ) Data proposed for fulfilling the data delivery requirements qualify as limited 16

rights data or restricted computer software and are identified as follows: 17

________________ 18

________________ 19

________________ 20

Please note that any identification of limited rights data or restricted computer software in the offeror’s 21

response is not determinative of the status of the data should a contract be awarded to the offeror. 22

(d) The offeror has completed the annual representations and certifications electronically via the SAM 23

website accessed through https://www.acquisition.gov/. After reviewing the SAM database 24

information, the Offeror verifies by submission of the offer that the representations and certifications 25

currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this 26

provision have been entered or updated within the last 12 months, are current, accurate, complete, 27

and applicable to this solicitation (including the business size standard applicable to the NAICS code 28

referenced for this solicitation), as of the date of this offer and are incorporated in this offer by 29

reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, 30

identifying change by clause number, title, date]. These amended representation(s) and/or 31

certification(s) are also incorporated in this offer and are current, accurate, and complete as of the 32

date of this offer. 33

https://www.acquisition.gov/


K-5

Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update 1

to the representations and certifications posted on SAM. 2

FAR 52.204-19 Incorporation by Reference of Representations and 3

Certifications (Dec 2014) 4

The Contractor’s representations and certifications, including those completed electronically via the 5

System for Award Management (SAM), are incorporated by reference into the contract. 6

FAR 52.209-7 Information Regarding Responsibility Matters (Jul 2013) 7

(a) Definitions. As used in this provision —“Administrative proceeding” means a non-judicial process 8

that is adjudicatory in nature in order to make a determination of fault or liability (e.g., Securities and 9

Exchange Commission Administrative Proceedings, Civilian Board of Contract Appeals Proceedings, 10

and Armed Services Board of Contract Appeals Proceedings). This includes administrative 11

proceedings at the Federal and State level but only in connection with performance of a Federal 12

contract or grant. It does not include agency actions such as contract audits, site visits, corrective 13

plans, or inspection of deliverables. 14

“Federal contracts and grants with total value greater than $10,000,000” means— 15

(1) The total value of all current, active contracts and grants, including all priced options; and 16

(2) The total value of all current, active orders including all priced options under indefinite-delivery, 17

indefinite-quantity, 8(a), or requirements contracts (including task and delivery and multiple-18

award Schedules). 19

“Principal” means an officer, director, owner, partner, or a person having primary management or 20

supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a 21

division or business segment; and similar positions). 22

(b) The offeror [ ] has [ ] does not have current active federal contracts and grants with total value greater 23

than $10,000,000. 24

(c) If the offeror checked “has” in paragraph (b) of this provision, the offeror represents, by submission 25

of this offer, that the information it has entered in the Federal Awardee Performance and Integrity 26

Information System (FAPIIS) is current, accurate, and complete as of the date of submission of this 27

offer with regard to the following information: 28

(1) Whether the offeror, and/or any of its principals, has or has not, within the last five years, in 29

connection with the award to or performance by the offeror of a Federal contract or grant, been 30

the subject of a proceeding, at the Federal or State level that resulted in any of the following 31

dispositions: 32

(i) In a criminal proceeding, a conviction. 33

(ii) In a civil proceeding, a finding of fault and liability that results in the payment of a 34

monetary fine, penalty, reimbursement, restitution, or damages of $5,000 or more. 35

(iii) In an administrative proceeding, a finding of fault and liability that results in— 36

(A) The payment of a monetary fine or penalty of $5,000 or more; or 37

(B) The payment of a reimbursement, restitution, or damages in excess of $100,000. 38


K-6

(iv) In a criminal, civil, or administrative proceeding, a disposition of the matter by consent or 1

compromise with an acknowledgment of fault by the Contractor if the proceeding could 2

have led to any of the outcomes specified in paragraphs (c)(1)(i), (c)(1)(ii), or (c)(1)(iii) of 3

this provision. 4

(2) If the offeror has been involved in the last five years in any of the occurrences listed in (c)(1) of 5

this provision, whether the offeror has provided the requested information with regard to each 6

occurrence. 7

(d) The offeror shall post the information in paragraphs (c)(1)(i) through (c)(1)(iv) of this provision in 8

FAPIIS as required through maintaining an active registration in the System for Award Management 9

database via https://www.acquisition.gov/ (see 52.204-7). 10

DEAR 952.204-73 Facility Clearance (Aug 2016) 11

Notices 12

Section 2536 of title 10, United States Code, prohibits the award of a contract under a national security 13

program to an entity controlled by a foreign government if it is necessary for that entity to be given access 14

to information in a proscribed category of information in order to perform the contract unless a waiver is 15

granted by the Secretary of Energy. In addition, a Facility Clearance and foreign ownership, control and 16

influence (FOCI) information are required when the contract or subcontract to be awarded is expected to 17

require employees to have access authorizations. 18

Offerors who have either a Department of Defense or a Department of Energy Facility Clearance 19

generally need not resubmit the following foreign ownership information unless specifically requested to 20

do so. Instead, provide your DOE Facility Clearance code or your DOD assigned commercial and 21

government entity (CAGE) code. If uncertain, consult the office which issued this solicitation. 22

(a) Use of Certificate Pertaining to Foreign Interests, Standard Form 328. 23

(1) The contract work anticipated by this solicitation will require access to classified information or 24

special nuclear material. Such access will require a Facility Clearance for the Contractor's 25

organization and access authorizations (security clearances) for Contractor personnel working 26

with the classified information or special nuclear material. To obtain a Facility Clearance the 27

Contractor must submit the Standard Form 328, Certificate Pertaining to Foreign Interests, and all 28

required supporting documents to form a complete Foreign Ownership, Control or Influence 29

(FOCI) Package. The Contractor will submit the Foreign Ownership, Control or Influence (FOCI) 30

information in the format directed by DOE. When completed the Contractor must print and sign 31

one copy of the SF 328 and submit it to the Contracting Officer. 32

(2) Information submitted by the offeror in response to the Standard Form 328 will be used solely for 33

the purposes of evaluating foreign ownership, control or influence and will be treated by DOE, to 34

the extent permitted by law, as business or financial information submitted in confidence. 35

(3) Following submission of a Standard Form 328 and prior to contract award, the Contractor shall 36

immediately submit to the Contracting Officer written notification of any changes in the extent 37

and nature of FOCI which could affect the offeror’s answers to the questions in Standard Form 38

328. Following award of a contract, the Contractor must immediately submit to the cognizant 39

security office written notification of any changes in the extent and nature of FOCI which could 40

affect the offeror’s answers to the questions in Standard Form 328. Notice of changes in 41

ownership or control which are required to be reported to the Securities and Exchange 42

https://www.acquisition.gov/

http://www.acquisition.gov/Far/current/html/52_200_206.html#wp1137850


K-7

Commission, the Federal Trade Commission, or the Department of Justice must also be furnished 1

concurrently to the cognizant security office. 2

(b) Definitions. 3

(1) Foreign Interest means any of the following— 4

(i) A foreign government, foreign government agency, or representative of a foreign 5

government; 6

(ii) Any form of business enterprise or legal entity organized, chartered or incorporated under the 7

laws of any country other than the United States or its possessions and trust territories; and 8

(iii) Any person who is not a citizen or national of the United States. 9

(2) Foreign Ownership, Control, or Influence (FOCI) means the situation where the degree of 10

ownership, control, or influence over a Contractor by a foreign interest is such that a reasonable 11

basis exists for concluding that compromise of classified information or special nuclear material 12

may result. 13

(c) Facility Clearance means an administrative determination that a facility is eligible to access, produce, 14

use or store classified information, or special nuclear material. A Facility Clearance is based upon a 15

determination that satisfactory safeguards and security measures are carried out for the activities 16

being performed at the facility. It is DOE policy that all Contractors or Subcontractors requiring 17

access authorizations be processed for a Facility Clearance at the level appropriate to the activities 18

being performed under the contract. Approval for a Facility Clearance shall be based upon— 19

(1) A favorable foreign ownership, control, or influence (FOCI) determination based upon the 20

Contractor's response to the ten questions in Standard Form 328 and any required, supporting data 21

provided by the Contractor; 22

(2) A contract or proposed contract containing the appropriate security clauses; 23

(3) Approved safeguards and security plans, which describe protective measures appropriate to the 24

activities being performed at the facility; 25

(4) An established Reporting Identification Symbol code for the Nuclear Materials Management and 26

Safeguards Reporting System if access to nuclear materials is involved; 27

(5) A survey conducted no more than 6 months before the Facility Clearance date, with a composite 28

facility rating of satisfactory, if the facility is to possess classified matter or special nuclear 29

material at its location; 30

(6) Appointment of a Facility Security Officer, who must possess or be in the process of obtaining an 31

access authorization equivalent to the Facility Clearance; and, if applicable, appointment of a 32

Materials Control and Accountability Representative; and 33

(7) Access authorizations for key management personnel who will be determined on a case-by-case 34

basis, and must possess or be in the process of obtaining access authorizations equivalent to the 35

level of the Facility Clearance. 36

(d) A Facility Clearance is required prior to the award of a contract requiring access to classified 37

information and the granting of any access authorizations under a contract. Prior to award of a 38

contract, the DOE must determine that award of the contract to the offeror will not pose an undue risk 39


K-8

to the common defense and security as a result of its access to classified information or special 1

nuclear material in the performance of the contract. The Contracting Officer may require the offeror 2

to submit such additional information as deemed pertinent to this determination. 3

(e) A Facility Clearance is required even for contracts that do not require the Contractor's corporate 4

offices to receive, process, reproduce, store, transmit, or handle classified information or special 5

nuclear material, but which require DOE access authorizations for the Contractor's employees to 6

perform work at a DOE location. This type facility is identified as a non-possessing facility. 7

(f) Except as otherwise authorized in writing by the Contracting Officer, the provisions of any resulting 8

contract must require that the Contractor insert provisions similar to the foregoing in all subcontracts 9

and purchase orders. Any Subcontractors requiring access authorizations for access to classified 10

information or special nuclear material shall be directed to provide responses to the questions in 11

Standard Form 328, Certificate Pertaining to Foreign Interests, directly to the prime Contractor or the 12

Contracting Officer for the prime contract. 13

Notice to Offerors—Contents Review (Please Review Before Submitting) 14

Prior to submitting the Standard Form 328, required by paragraph (a)(1) of this clause, the offeror should 15

review the FOCI submission to ensure that: 16

(1) The Standard Form 328 has been signed and dated by an authorized official of the company; 17

(2) If publicly owned, the Contractor’s most recent annual report, and its most recent proxy statement for 18

its annual meeting of stockholders have been attached; or, if privately owned, the audited, 19

consolidated financial information for the most recently closed accounting year has been attached; 20

(3) A copy of the company's articles of incorporation and an attested copy of the company’s by-laws, or 21

similar documents filed for the company's existence and management, and all amendments to those 22

documents; 23

(4) A list identifying the organization's owners, officers, directors, and executive personnel, including 24

their names, social security numbers, citizenship, titles of all positions they hold within the 25

organization, and what clearances, if any, they possess or are in the process of obtaining, and 26

identification of the government agency(ies) that granted or will be granting those clearances; and 27

(5) A summary FOCI data sheet. 28

Certification Regarding Facility Clearance - Foreign Ownership, 29

Control or Influence Information 30

Please check, as appropriate: 31

[ ] Submitted Commercial and Government Entity Code or facility code if cleared. 32

[ ] Documentation granting Offeror’s subcontractor(s) and/or joint venture facility clearance is attached. 33

[ ] Facility Clearance request documentation has been submitted via Foreign Ownership, Control, or 34

Influence Electronic Submission Site at https://foci.anl.gov/ for Offeror, subcontractor(s) and/or joint 35

venture if not currently cleared. 36

[ ] The Standard Form 328 has been signed and dated by an authorized official of the company. 37

https://foci.anl.gov/


K-9

[ ] If publicly owned, the Contractor’s most recent annual report, and its most recent proxy statement for 1

its annual meeting of stockholders have been attached; or, if privately owned, the audited, 2

consolidated financial information for the most recently closed accounting year has been attached. 3

[ ] A copy of the company’s articles of incorporation and an attested copy of the company’s by-laws, or 4

similar documents filed for the company’s existence and management, and all amendments to those 5

documents. 6

[ ] A list identifying the organization’s owners, officers, directors, and executive personnel, including 7

their names, social security numbers, citizenship, titles of all positions they hold within the 8

organization, and what clearances, if any, they possess or are in the process of obtaining, and 9

identification of the government agency(ies) that granted or will be granting those clearances. 10

DOE-K-2001 Notice of Earned Value Management System (Aug 2013) 11

(a) If the offeror submits a proposal for a Department of Energy (DOE) Capital Asset Project - 12

(1) In the amount of $50,000,000 or more; or 13

(2) Where the offeror has a contract or other contracts in support of DOE Capital Asset Projects and 14

the total contract values are $20,000,000 or greater per contract for a total contract values of 15

$50,000,000 or more- 16

(i) The offeror shall provide documentation that an authorized government representative has 17

determined that the proposed Earned Value Management System (EVMS) complies with 18

the EVMS guidelines in the Electronic Industries Alliance Standard 748, Earned Value 19

Management Systems (EIA-748) (current version at time of solicitation). The Government 20

reserves the right to perform reviews of the EVMS when deemed necessary to verify 21

compliance. 22

(ii) If the offeror proposes to use a system that has not been determined to be in compliance 23

with the requirements of paragraph (a)(1) of this provision, the offeror shall submit a 24

comprehensive plan for compliance with the guidelines in EIA-748. 25

(A) The plan shall- 26

(1) Describe the EVMS the offeror intends to use in performance of the contract, and 27

how the proposed EVMS complies with the EVMS guidelines in EIA-748; 28

(2) Distinguish between the offeror's existing management system and modifications 29

proposed to meet the EVMS guidelines; 30

(3) Describe the management system and its application in terms of the EVMS 31

guidelines; 32

(4) Describe the proposed procedure for administration of the EVMS guidelines as 33

applied to subcontractors; and 34

(5) Describe the process the offeror will use to determine subcontractor compliance 35

with EIA-748. 36

(B) The offeror shall provide information and assistance as required by the Contracting 37

Officer to support review of the plan. 38


K-10

(C) The offeror's EVMS plan must provide milestones that indicate when the offeror 1

anticipates that the EVMS will be compliant with the guidelines in EIA-748. 2

(b) If the offeror submits a proposal in an amount less than $50,000,000 and does not meet the condition 3

described at (a)(2) above- 4

(1) The offeror shall submit a written description of the management procedures it will use and 5

maintain in the performance of any resultant contract to comply with the requirements of the 6

Earned Value Management System clause of the contract. The description shall include- 7

(i) A matrix that correlates each guideline in EIA-748 (current version at time of solicitation) 8

to the corresponding process in the offeror's written management procedures; and 9

(ii) The process the offeror will use to determine subcontractor compliance with EIA-748. 10

(2) If the offeror proposes to use an EVMS that has been determined by the CFA to be in compliance 11

with the EVMS guidelines in EIA-748, the offeror may submit a copy of the documentation of 12

such determination instead of the written description required by paragraph (b)(1) of this 13

provision. 14

(c) The offeror shall identify the subcontractors (or the subcontracted effort if subcontractors have not 15

been selected) to whom the EVMS requirements will apply. The offeror and the Government shall 16

agree to the subcontractors or the subcontracted effort selected for application of the EVMS 17

requirements. The offeror shall be responsible for ensuring that the selected subcontractors comply 18

with the requirements of the Earned Value Management System clause of the contract. 19

Organizational Conflicts of Interest Disclosure 20

Organizational conflict of interest means that because of other activities or relationships with other 21

persons, a person is unable or potentially unable to render impartial assistance or advice to the 22

Government, or the person’s objectivity in performing the contract work is or might be otherwise 23

impaired, or a person has an unfair competitive advantage. 24

(a) Each Offeror is to check the appropriate block for each of the questions below. The questions apply 25

equally to the (1) offeror, (2) intended subcontractors at any tier, (3) consultants, (4) affiliates of the 26

foregoing, and (5) chief executives and directors of any of the foregoing who will be involved in 27

performing the contract, and, accordingly, that the term “Offeror” is defined to include all five types 28

of considerations. The questions shall be completed by each Offeror or person identified. 29

(1) Does the Offeror depend upon industries or firms that could be affected by DOE actions related to 30

the contract for a significant portion of its business, or have a relationship (financial, 31

organizational, contractual or otherwise) with such industries or firms that could impair its 32

objectivity or independence? Yes ☐ No ☐ 33

(2) Would any unfair competitive advantage accrue to the offeror in either its private or government 34

business pursuits from access to: 35

(i) Data generated under the contract? Yes ☐ No ☐ 36

(ii) Information concerning DOE plans and programs? Yes ☐ No ☐ 37

(iii) Confidential and proprietary data of others? Yes ☐ No ☐ 38


K-11

(3) Will any proposed subcontractor perform any self-evaluation or inspection of a service or 1

product, or evaluation or inspection of another with whom a relationship exists which could 2

impair objectivity, including evaluation or inspection of goods or services that complete 3

commercially with the performer’s goods or services? Yes ☐ No ☐ 4

(4) Will any of the Offeror’s chief executives, directors, or entities, which they own or represent, or 5

any of the Offeror’s affiliates be involved in the performance of the contract? Yes ☐ No ☐ 6

(5) Do you have any current business arrangements that may conflict with your role as Offeror or 7

subcontractor under this contract? Yes ☐ No ☐ 8

(b) If the Offeror checked “Yes” above in Paragraph (a)(4), for involvement of the Offeror’s affiliates, 9

will the involvement be performed as part of the prime contract or a subcontract? 10

Prime Contract ☐ Subcontract ☐ 11

(c) The statement must contain the following: 12

(1) A statement of any past (within the past 12 months), present, or currently planned financial, 13

contractual, organizational, or other interests relating to the performance of the Performance 14

Work Statement. For contractual interests, such statement must include the name, address, 15

telephone number of the client(s), a description of the services rendered to the previous client(s), 16

and the name of a responsible officer or employee of the Offeror who is knowledgeable about the 17

services rendered to each client, if, in the 12 months preceding the date of the statement, services 18

were rendered to the Government or any other client (including a foreign government or person) 19

respecting the same subject matter of this solicitation, or directly relating to such subject matter. 20

The agency and contract number under which the services were rendered must also be included, if 21

applicable. For financial interests, the statement must include the nature and extent of the interest 22

and any entity or entities involved in the financial relationship. For these and any other interests, 23

enough such information must be provided to allow a meaningful evaluation of the potential 24

effect of the interest on the performance of the statement of work. 25

(2) A statement that no actual or potential conflict of interest or unfair competitive advantage exists 26

with respect to the services required by the Performance Work Statement to be provided in 27

connection with this solicitation. 28

(d) Failure of the Offeror to provide the required statement may result in the Offeror being determined 29

ineligible for award. Misrepresentation or failure to report any fact may result in the assessment of 30

penalties associated with false statements or such other provisions provided for by law or regulation. 31

Agreement to Use Non-Federal Support Personnel 32

DOE may employ non-federal evaluators (including employees of DOE Contractors) to evaluate 33

proposals submitted in response to Solicitation No. 89303318REM000012. All such non-federal 34

evaluators are required to sign appropriate non-disclosure and conflict of interest statements prior to any 35

such engagement. By submission of a signed offer under this solicitation, the Offeror consents to such 36

review by non-federal evaluators. 37

Cost and Fee Proposal Certification 38

The Government publicly furnished certain cost, pricing, and/or estimating information regarding 39

Contract activities and requirements during the solicitation phase of this Contract. By submitting a signed 40

offer under this solicitation, the Offeror certifies that: 41


K-12

(a) It fully recognizes that such information was not warranted in any manner by the Government as to its 1

accuracy or validity, and was for information only; 2

(b) The Government does not represent such information as a preferred price offer under the solicitation; 3

and 4

(c) Irrespective of the Government-furnished information, the Offeror’s estimated cost and estimated fee, 5

upon which this Contract award is based, was independently and fully derived from the Offeror’s own 6

estimating methods, that the Offeror assumes full and complete ownership of its offered estimated 7

cost and estimated fee, and that it fully acknowledges that the Government makes no warranties, 8

express or implied, as to the completeness or accuracy of the Government-furnished pricing and 9

estimating information. 10

Solicitation Certification 11

By submitting its signed offer, the Offeror represents its understanding that Solicitation No. 12

89303318REM000012 represents the current and complete contracting requirements of the Government 13

for the Hanford 222-S Laboratory Contract. This solicitation supersedes in its entirety any prior 14

representations from the Government or attributed to the Government, including, but not necessarily 15

limited to; any information formally provided by the Government prior to release of this solicitation; 16

remarks made by the Government during, or reported as a result of, industry one-on-one meetings; and 17

any information or conjecture presented by the media, or any other source, on the Governments 18

requirements for this solicitation. 19

DEAR 970.5223-3 Agreement Regarding Workplace Substance Abuse 20

Programs at DOE Sites (Dec 2010) 21

(a) Any contract awarded as a result of this solicitation will be subject to the policies, criteria, and 22

procedures of 10 CFR part 707, Workplace Substance Abuse Programs at DOE Sites. 23

(b) By submission of its offer, the officer agrees to provide to the Contracting Officer, within 30 days 24

after notification of selection for award, or award of a contract, whichever occurs first, pursuant to 25

this solicitation, its written workplace substance abuse program consistent with the requirements of 26

10 CFR part 707. DOE may grant an extension to the notification or implementation period if 27

necessary as per 10 CFR 707.5(g). 28

(c) Failure of the offeror to agree to the condition of responsibility set forth in paragraph (b) of this 29

provision, renders the offeror unqualified and ineligible for award. 30


K-13

Signature/Certification 1

By signing below, the Contractor certifies, under penalty of law, that the representations and certifications 2

are accurate, current, and complete. The Contractor further certifies that it will notify the Contracting 3

Officer of any changes to these representations and certifications. The representations and certification 4

made by the Offeror, as contained herein, concern matters within the jurisdiction of an agency of the 5

United States and the making of a false, fictitious, or fraudulent representation or certification may render 6

the maker subject to prosecution under Title 18, United States Code, Section 1001. 7

_______________________________________ ____________________ 8

Signature of the Officer or Employee Date of Execution 9

Responsible for the Offer 10

11

Typed Name and Title of the Officer or Employee 12

Responsible for the Offer 13

14

Name of Organization 15

Address City, State, ZIP 16

17


K-14


Documents

PART IV REPRESENTATIONS AND INSTRUCTIONS SECTION K ......2 to the representations and certifications posted on SAM. 3 FAR 52.204-19 Incorporation by Reference of Representations and