1. 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 restricting competition, any consultation, 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 prices 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 subparagraphs (a) (1) 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) (1) through (a) (3) above. Insert below, full name of person(s) in the offeror’s organization responsible, for determining the prices offered in this bid or proposal, and the title of his or her position in the offeror’s organization.

 

___________________________________ Typed Name	_____________________________________ Typed Name
___________________________________ Title	_____________________________________ Title

(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) (1) through (a) (3) above; and

(iii) As an agent, has not personally participated, and will not participate, in any action contrary to subparagraphs

(a) (1) through (a) (3) above

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

2. CONTINGENT FEE REPRESENTATION AND AGREEMENT

(a) Representation. The offeror represents that, except for full-time bona fide employees working solely for the offeror, the offeror—

[Note: The offeror must check the appropriate boxes. For interpretation of the representation, including the term ‘bona fide employee,’ see Subpart 3.4 of the Federal Acquisition Regulation.]

(1) [ ] has, [ ] has not employed or retained any person or company to solicit or obtain this contract; and

(2) [ ] has, [ ] has not paid or agreed to pay to any person or company employed or retained to solicit or obtain this contract any commission, percentage, brokerage, or other fee contingent upon or resulting from the award of this contract.

(b)Agreement. The offeror agrees to provide information relating to the above Representation as requested by the Contracting Officer and, when subparagraph (a) (1) or (a) (2) is answered affirmatively, to promptly submit to the Contracting Officer—

(1) A completed Standard Form 119, Statement of Contingent or Other Fees, (SF 119); or

(2) A signed statement indicating at the SF 119 was previously submitted to the same contracting office, including the date and applicable solicitation or contract number, and representing that the prior SF 119 applies to this offer or quotation.

3. REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY Applicable to contracts in excess of $100,000 only.

(a) Definitions. The definitions at FAR 3.104-4 are hereby incorporated in this provision.

(b)Certifications. As required in paragraph (c) of this provision, the officer or employee responsible for this offer shall execute the following certification:

CERTIFICATE OF PROCUREMENT INTEGRITY

(1) I, ____________________________(1), am the officer or employee responsible for the preparation of this offer and hereby certify that, to the best of my knowledge and belief, with the exception of any information described in this certificate, I have no information concerning a violation or possible violation of subsection 27 (a), (b), (d), or (f) of the Office of Federal Procurement Policy Act, an amended (41 U.S.C. 423), (hereinafter referred to as ‘the Act’), as implemented in the FAR, occurring during the conduct of this procurement, solicitation number ___________________(2).

(2) As required by subsection 27 (e) (1) (B) of the Act, I further certify that, to the best of my knowledge and belief, each officer, employee, agent, representative, and consultant of____________________(3) who has participated personally and substantially in the preparation or submission of this offer ham certified that he or she is familiar with, and will comply with, the requirements of subsection 27 (a) of the Act, as implemented in the FAR, and will report immediately to me any information concerning a violation or possible violation of the Act, as implemented in the FAR, pertaining to this procurement.

(3) Violations or possible violations: (Continue on plain bond paper if necessary and label "Certificate of Procurement Integrity Continuation Sheet"), ENTER NONE IF NONE EXIST.

____________________________________________________

____________________________________________________

____________________________________________________

____________________________________________________

(4) I agree that, if awarded a contract under this solicitation, the certifications required by subsection 27 (e) (1 ) (B) of the Act shall be maintained in accordance with paragraph (f) of this provision.

___________________________ Signature of officer responsible for the offeror	_______________ Date
__________________________ Typed Name

 

• The Act became effective on December 1, 1990.

(1) Insert name of certifier
(2) Insert solicitation number

(3) Insert name of offeror

THIS CERTIFICATION CONCERNS A MATTER WITHIN THE JURISDICTION OF AGENCY OF THE UNITED STATES AND THE MAKING OF A FALSE, FICTITIOUS, OR FRAUDULENT CERTIFICATION MAY RENDER THE MAKER SUBJECT TO PROSECUTION UNDER TITLE 18, UNITED STATES CODE, SECTION 1001.

 

(c) (1) For procurements using sealed bidding procedures, the signed certifications shall be submitted by each bidder with the bid submission except for procurements using two-step sealed bidding procedure (see Subpart 14.5). For those procurements, the certifications shall be submitted with the submission of the step two sealed bids. A certificate is not required for indefinite delivery contracts (see Subpart 16.5) unless the total estimated value of all orders eventually to be placed under the contract is expected to exceed $100,000.

(2) For contracts and contract modification which include option, a certificate is required when the aggregate value of the contract or contract modification and all options (see 3.104-4(e)) exceeds $100,000.

(3) Failure of a bidder to submit the signed certificate with its bid shall render the bid nonresponsive.

(d) Pursuant to FAR 3.104-9(d), the Offeror may be requested to execute additional certifications at the request of the Government. Failure of an Offeror to submit the additional certifications shall cause its offer to be rejected.

(e) A certification containing a disclosure of a violation or possible violation will not necessarily result in the withholding of award under this solicitation. However, Brookhaven, after evaluation of the disclosure, may cancel this procurement or take any other appropriate actions in the interests of the Government, such as disqualification of the Offeror.

(f) In making the certification in subparagraph (b)(2) of the certificate, the officer or employee of the competing contractor responsible for the offer may rely upon a one-time certification from each individual required to submit a certification to the competing contractor, supplemented by periodic training. These certifications shall be maintained by the Contractor for 6 years from the date a certifying employee’s employment with the company ends or, for an agent, representative, or consultant, 6 years from the date such individual ceases to act on behalf of the Contractor.

(g) Certifications under paragraphs (b) and (d) of this provision are material representations of fact upon which reliance will be placed in awarding a contract.

4. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS Applicable to contracts in excess of $100,000 only.

(a) The definitions and prohibitions contained in the clause, at FAR 52.203-12, Limitation on Payments to influence certain Federal Transactions, included in this solicitation, are hereby incorporated by reference in paragraph (b) of this certification.

(b) The offeror, by signing its offer, hereby certifies to the best of his or her knowledge and belief that on or after December 23, 1989--

(1) 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 his or her behalf in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan, or cooperative agreement;

(2) If any funds other than Federal appropriated funds (including profit or fee received under a covered Federal transaction) 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 his or her behalf in connection with this solicitation, the offeror shall complete and submit, with its offer, OMB standard form LLL, Disclosure of Lobbying Activities, to the Contracting officer; and

(3) He or she will include the language of this certification in all subcontract awards at any tier and require that all recipients of subcontract awards in excess of $100,000 shall certify and disclose accordingly.

(c) Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by section 1352, title 31, United States Code. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure form to be filed or amended by this provision, shall be subject to a civil penalty of not less than $10,000, and not more than $100,000, for each such failure.

5. CERTIFICATION REGARDING DEPARTMENT, SUSPENSION, PROPOSED DEBARMENT AND OTHER 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 [ ] are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) Have [ ] 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, 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 Offeror has [ ] has not [ ], within a three year period preceding this offer, had one or more contracts terminated for default by an 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 Offeror shall provide immediate written notice to the Contracting officer 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.

(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 Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the Offeror 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 an Offeror 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 Offeror knowingly rendered an erroneous certification, in addition to other remedies available, Brookhaven may terminate the contract resulting from this solicitation for default.

6. TYPE OF BUSINESS ORGANIZATION

The bidder, by checking the applicable box, represents that--

(a) It operates as:
[ ] a corporation incorporated under the laws of the State

7. TAXPAYER IDENTIFICATION

(a) Definitions

• of_____________________________
• [] an individual
• [] a partnership
• [] a nonprofit organization, or
• [] a joint venture
• [] a partnership
• [] a nonprofit organization,
• [] a joint venture, or
• [] a corporation, reistered for business
• ______________________________in (country).

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 offeror is a member.

Corporate status, as used in this solicitation provision, means a designation as to whether the offeror 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 offeror in reporting income tax and other returns.

(b)The offeror is 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). If the resulting contract is subject to the reporting requirements described in 4.902(a), the failure or refusal by the offeror to furnish the information may result in a 20 percent reduction of payments otherwise due under the contract.

(c)Taxpayer Identification Number (TIN).

• [ ] TIN:
• [ ] TIN has been applied for.
• [ ] TIN is not required because:
• [ ] Offeror 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.;
• [ ] Offeror is an agency or instrumentality of a foreign government;
• [ ] Offeror 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 care facility described in 26 CFR 501 (c) (3) that is exempt f rom taxation under 26 CFR 501 (a)

(e) Common Parent.

• [ ]Offeror is not owned or controlled by a common parent as defined in paragraph (a) of this clause.
• [ ]Name and TIN of common parent:

 

_________________________________ Name

______________________________ TIN

(8) SMALL BUSINESS CONCERN REPRESENTATION

(a) Representation. The offeror represents and certifies as part of its offer that it [ ] is, [ ] is not a small business concern and that [ ] all, [ ] not all end items to be furnished will be manufactured or produced by a small business concern in that United States, its territorios or possessions, Puerto Rico, or the Trust Territory of the Pacific Islands.

(b) Definition.

‘Small business concern,’ as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the f ield of operation in which it is bidding on Goverment contracts, and qualified as a small business under the criteria and size standards in this solicitation.

(c) Notice. Under 15 U.S.C. 645(d), any person who misrepresents a firm’s status as a small business concern in order to obtain a contract to be awarded under the preference programs established pursuant to sections 8(a), 8(d), 9, or 15 of the Small Business Act or any other provision of Federal law that specifically references section 8(d) for a definition of program eligibility, shall

(1) Be punished by imposition of a fine, imprisonment, or both;

(2) Be subject to administrative remedies, including suspension and debarment; and

(3) Be ineligible for participation in programs conducted under the authority of the Act.

9. SMALL DISADVANTAGED BUSINESS CONCERN REPRESSENTATION

(a) Representation. The offeror represents that it [ ]is,[ ]is not a small disadvantaged business concern.

(b) Definitions.

‘Asian Pacific Americans,’ as used in this provision, means United States citizens whose origin* are in Japan, China, the Philippines, Vietnam, Korea, Samoa, Guam, the U.S. Trust Territory of the Pacific Islands (Republic of Palau), the Northern Mariana Islands, Laos, Kampuchea (Cambodia), Taiwan, Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Republic of the Marshall Islands, or the Federated States of Micronesia.

‘Indian tribe,’ an used in this provision, means any -Indian tribe, band, nation, or other organized group or community of Indiana, including any Alaska Native Corporation as defined in 13 CFR 124.100 which is recognized as eligible for the special programs and services provided by the U.S. to Indians because of their status as Indians, or which in recognized as such by the state in which such tribe, band, nation* groups or community resides.

‘Native Americans,, as used in this provision, means American Indians, Eskimos, Aleuts, and Native Hawaiians.

‘Native Hawaiian Organization,’ as used in this provision, means any community service organization serving Native Hawaiians in, and chartered as a not-for-profit organization by, the State of Hawaii, which-is controlled by Native Hawaiians, and whose business activities will principally benefit such Native Hawaiians.

`Small business concern,, as used,in this provision, meant a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria and size standards in 13 CFR 121.

`Small disadvantaged business concern,, an used in this provision, means a small business concern that (a) is at least 51 percent unconditionally owned by one or more individuals who are both socially and economically disadvantaged, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one or more socially and economically disadvantaged individuals and (b) has its management and daily business controlled by one or more such individuals. This term also means a. small business concern that is at least 51 percent unconditionally owned by an economically disadvantaged Indian tribe or Native Hawaiian Organization, or a publicly owned business having at least 51 percent of its stock unconditionally owned by one of thee* entities which has its management and daily business controlled by members of an economically disadvantaged Indian tribe or Native Hawaiian organization, and which meet* the requirements of 13 CFR 124.

‘Subcontinent Asian Americans, ‘ as used in this provision, means United States citizens whose origins are in India, Pakistan, Bangladesh, Sri Lanka, Bhutan, or Nepal.

(c) Qualified groups. The offeror shall presume that socially and economically disadvantaged individuals include Black Americans, Hispanic Americans, Native Americans, Asian-Pacific Americans, Subcontinent Asian Americans, and other individuals found to be qualified by SBA under 13 CFR 1,24. The offeror shall presume that socially and economically disadvantaged entities also include Indian tribes and Native Hawaiian Organizations.

10 WOMEN-OWNED SMALL BUSINESS REPRESENTATION

(a) Representation. The offeror represents that it[ ]is,[ ]is not a women-owned small business concern.

(b) Definitions.

‘Small business concern,’ as used in this provision, means a concern, including its affiliates, that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified am a small business under the criteria and size standards in 13 CFR 121.

‘Women-owned,’ as used in this provision, means a small business that is at least 51 percent owned by a woman or women who are U.S. citizens and who also control and operate the business.

11. SMALL BUSINESS CONCERN REPRESENTATION FOR THE SMALL BUSINESS COMPETITIVENESS DEMONSTRATION PROGRAM

(a) Definition.

Emerging mull business as used in this solicitation, means a small business concern whose size is not greater than SO percent of the numerical size standard applicable to the standard industrial classification code assigned to a contracting opportunity.

(b) (complete only if the offeror has certified itself under the provision at 52.219-1 as a small business concern under the size standards of this solicitation.)

The Offeror represents and certifies as Part of its offer that it[ ]is,[ ]is not an emerging small business.

(c) Complete only if the Offeror is a small business or an emerging small business, indicating its size range. (Check one of the following.)

Avg. annual gross revenues

_____$1 million or less

_____$1,000,001-$2 million

_____$2,000,002-$3.5 million

_____$3,500,001-$5 million

_____$5,000,001-$10 million

_____$10,000,001-$17 million

_____over $17 million

12. CERTIFICATION OF NOSEGREGATED FACILITIES

(a) ‘Segregated facilities,’ as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, 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, that 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.

(b) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide -for its employees any segregated facilities at any of its establishments, and that it does not and will not permit its. employees to perform their services at any location under its control where segregated facilities are maintained. The offeror agrees that a breach-of this certification is a violation of the Equal opportunity clause in the contract.

(c) The offeror further agrees that (except where it has obtained identical certifications from proposed subcontractors for specific time periods) it will-

(1) Obtain identical certifications from proposed subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal opportunity clause;

(2) Retain the certifications in the files; and

(3)Forward the following notice to the proposed subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods):

NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREM[ENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES .

A Certification of Nonsegregated Facilities must be submitted before the award of a subcontract under which the subcontractor will be subject to the Equal opportunity clause. The certification way be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually, or annually). NOTE: The penalty for "king false statements in ffers is proscribed in It U.S.C. 1001.

13. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS

The offeror represents that--

(a)It [ ] has, [ ] has not, participated n a previous contract or subcontract subject either to the Equal Opportunity clause of this solicitation, the clause originally contained in Section 310 of Executive order No. 10925, or the clause contained in Section 201 of Executive Order No. 11114;

(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 before subcontract awards.

14. PREAWARD ON-SITE EQUAL OPPORTUNITY COMPLIANCE REVIEW

An award in the amount of $1 million or more will not be made under this solicitation unless the offeror and each of its known first-tier subcontractors (to whom it intends to award a subcontract of $1 million or more) are found, on that basis of a compliance review, to be able to comply with the provisions of that Equal opportunity clause of this solicitation.

15. AFFIRMATIVE ACTION COMPLIANCE

The offeror represents that (a) it [ ] has developed and has on file, [ ]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) it [ ]I has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of this Secretary of Labor.

16. CLEAN AIR AND WATER CERTIFICATION

The Offeror certifies that-

(a) Any facility to be used in the performance of this proposed contract is, [ ] is not [ ] listed on the Environmental Protection Agency (EPA) List of Violating Facilities;

(b) The offeror will immediately notify the Contracting Officer, before award, of the receipt of any communication from the Administrator, or a designee, of the EPA, indicating that any facility that the Offeror proposes to use for the performance of the contract is under consideration to be listed on the EPA List of Violating Facilities; and

(c) The Offeror will include a certification substantially the same as this certification, including this paragraph (c), in every nonexempt subcontract.

17. CERTIFICATION REGARDING A DRUG-FREE WORKPLACE

(a) Definitions. As used in this provision,

'Controlled substance, means a controlled substance in schedules I through V of section 202 of the Controlled Substances Act (22 U.S.C 812) and as further defined in regulation at 21 CTR 1308.11-1308.l5.

‘Conviction’ means a finding of quilt (including a plea of note contenders) or imposition of sentence, or both, by any judicial body charged with the responsibility to determine violations of the Federal or State criminal drug statutes.

‘Criminal drug statute’ means a Federal or non-Federal criminal statute involving the manufacture, distribution, dispensing, possession or us* of any controlled substance.

‘Drug-free workplace’ means the site(s) for the performance of work done by the Contractor in connection with a specific contract at which employees of the Contractor are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance.

'Employee means an employee of a Contractor directly engaged in the performance of work under a Government contract. ‘Directly engaged’ is defined to include all direct cost employees and any other contractor employee who has other than a minimal impact or involvement in contract performance.

‘Individual* means an offeror/contractor that has no more-than one employee including the offeror/contractor.

(b) By submission of its offer, the offeror, if other than an individual, who is making an offer that equals or exceeds $25,000, certifies and agrees, that with respect to all employees of the offeror to be employed under a contract resulting from this solicitation, that, it will no later than 30 calendar days after contract award (unless a longer period is agreed to in writing), for contracts of 30 calendar days or more performance duration; or as soon as possible for contracts of less than 30 calendar days performance duration, but in any case, by a date prior to when performance is expected to be completed-

(1) Publish a statement notifying such employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled ubstance is prohibited in the Contractor’s workplace and specifying the ctions that will be taken against employees for violations of such prohibition;

(2) Establish an ongoing drug-free awareness program to inform such employees about

(i)The dangers of drug abuse in the workplace;

(ii) The Contractor’s policy of maintaining a drug-free Workplace;

(iii) Any available drug counseling, rehabilitation, and employee assistance programs; and

(iv) The penalties that may-be imposed upon employees for drug &bus* violations occurring in the workplace;

(3) Provide all employees engaged in performance of the contract with a copy of the statement required by subparagraph (b)(1) of this provision;

(4) Notify such employees in writing in the statement required by subparagraph (b)(1) of this provision, that as a condition of continued employment on the contract resulting from this solicitation, the employee will

(i) Abide by the terms of the statement; and

(ii) Notify the employer in writing of the employee’s conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction;

(5) Notify the Contracting Officer in writing within 10 calendar days after receiving notice under subdivision (b)(4)(ii) of this provision, from an employee or otherwise receiving actual notice of such conviction. The notice shall include the position title of the employee; and

(6) Within 30 calendar days after receiving notice under subdivision (b) (4) (ii) of this provision of a conviction, take one of the following actions with respect to any employee who is convicted of a drug abuse violation occurring in the workplace:

(i) Take appropriate personnel action against such employee, up to and including termination or

(ii) Require such employee to satisfactorily participate in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency.

(7) Make a good faith effort to maintain a drug-free workplace through implementation of subparagraphs (b)(1) through (b)(6) of this provision.

(c) By submission of its offer, the offeror, if an individual who is making an offer of any dollar value, certifies and agrees that the offeror will not engage in the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance in the performance of the contract resulting from this solicitation.

(d) Failure of the offeror to provide the certification required by paragraphs (b) or (c) of this provision, renders the offeror unqualified and ineligible for award. (See FAR 9.104-1(g) and 19.602-1(a)(2)(i).)

(e) In addition to other remedies Available to the Government, the certification in paragraphs (b) or (c) of this provision 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 Title 18, United States Code, Section 1001.

18. SIGNATURE

By signature hereto, or to a bid incorporating these representations and certifications, the Bidder certifies that they are accurate, current, and complete, and that he is aware of the penalty prescribed in 18 U.S.C. 1001 for making false statements in offers.

______________________________________ Signature of Certifier

______________________________________ Title

______________________________________ Company

______________________________________ Date

______________________________________ BNL Solicitation Number