The offeror makes the following Representations and Certifications as part of its proposal (check or complete all appropriate boxes or blanks on the following pages). (Name of Offeror } (Signature of Authorized Individual) (TYPED NAME OF AUTHORIZED INDIVIDUAL) (RFP No. ) (Date) Note: The penalty for making false statements in offers is prescribed in 18 U. S. C. 1001. The Representations and Certifications must be executed by an individual authorized to bind the offeror. K. 2 PLACE OF PERFORMANCE (FAR 52.215-20) (APRIL 1984) (A) The offeror or quoter, in the performance of any contract resulting from this solicitation, [_] intends [_] does not intend (check applicable block) to use one or more plants or facilities located at a different address from the address of the offeror or quoter as indicated in this proposal or quotation. (B) If the offeror or quoter checks "intends" in paragraph (A) above, it shall insert in the spaces provided below the required information: Place of Performance Name and Address of Owner RFP-90-016 (A) K. 3 CERTIFICATION OF NONSEGREGATED FACILITIES (FAR 52.222-21) (APRIL 1984) "Segregated facilities," as used in this provision, means any waiting rooms, work areas, rest rooms and wash rooms, restraurants 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 on the basis of race, color, religion, national origin because of habit, local custom, or otherwise. от (B) By the submission of this offer, the offeror certifies that it does not and will not maintain or provide for 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 (2) (3) Retain the certifications in the files; and Forward the following notice to the proposed NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OR 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 may be submitted either for each subcontract or for all subcontracts during a period (i.e., quarterly, semiannually). NOTE: The penalty for making false statements in offers is prescribed in 18 U. S. C. 1001. RFP-90-016 K. 4 CERTIFICATION REGARDING A DRUG-FREE WORKPLACE (Note: This clause shall apply to (a) any contract awarded to an individual ie., a contractor having no more than one employee including the contractor -- or (b) any contract of $25,000 or more, unless excepted under the provisions of FAR 23. 505 (b) (1) (3).) (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 (21 U. S. C. 812) and further defined in regulation at 21 CFR 1308. 11-1308. 15. "Conviction" means a finding of guilt (including a plea of nolo contendere) 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 use of any controlled substance. "Drug-free workplace" means a site for the performance of work done 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. "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 a contract resulting from this solicitation, it will (1) Publish a statement notifying such employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the Contractor's workplace and specifying the actions that will be taken against employees for violations of such prohibition; (2) Establish a 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 RFP-90-016 (iv) The penalties that may be imposed upon employees for drug abuse 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 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 employees will (i) Abide by the terms of the statement; and (ii) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five (5) days after such conviction; (5) Notify the contracting officier within ten (10) days after receiving notice under subdivision (b) (4) (ii) of this provision, from an employee or otherwise receiving actual notice of such conviction; and (6) Within 30 days after receiving notice under subparagraph (a) (4) of this provision of a conviction, impose the following sanctions or remedial measures on any employee who is convicted of drug abuse violations occurring in the workplace: (i) Take appropriate personnel action against such employee, up to and including termination; OT (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, or law enforcement, or other appropriate agency. (7) Make a good faith effort to maintain a drug-free workplace through implementation of subpargraphs (b) (2) through (b) (6) of this provision. (c) By submission of its offer, the offeror, 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 or 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 required by 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 cerification may render the maker subject to prosecution under Title 18, United States Code, Section 1001. |