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(o) The bidder, by signing its bid, hereby certifies to the best of his
or her knowledge and belief as of December 23, 1989 that:
(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 a contract
resulting from this solicitation;
(2) If any funds other than Federal appropriated funds (includ-
ing 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 bidder shall complete and submit, with its bid, OMB
standard form LLL, "Disclosure of Lobbying Activities; and
(3) He or she will include the fanguage of this certification in ail
subcontracts 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.
{d) Indian tribes (except those chartered by States) and Indian
organizations as defined in section 4 of the Indian Self-Determina-
tion and Education Assistance Act (25 U.S.C. 450B} are exempt
from the requirements of this provision.
4. Organizational Conflicts of Interest Certification
The bidder certifies that io the best of its knowledge and belief and
except as otherwise disclosed, he or she does not have any
organizational conflict of interest which is defined as a situation in
which the nature of work to be performed under this proposed
contract and the bidder's organizational, financial, contractual, or
other interests may, without some restriction on future activities:
{a) Result in an unfair competitive advantage to the bidder; or,
(b) Impair the bidder's objectivity in performing the contract work.
[ ] Inthe absence of any actual or apparent conflict, | hereby certify
that to the best of my knowledge and belief, no actual or apparent
conflict of interest exists with regard to my possible performance of
this procurement.
5. Bidder's Certification of Eligibility
(a) By the submission of this bid, the bidder certifies that to the best
of its knowledge and belief, neither it, nor any person or firm which
has an interest in the bidder's firm, nor any of the bidder's subcon-
tractors, is ineligible to:
(1) Be awarded contracts by any agency of the United States
Government, HUD, or the State in which this contract is to be
performed; or,
(2) Participate in HUD programs pursuant to 24 CFR Part 24.
(b) The certification in paragraph (a) above fs a material represen-
tation of fact upon which reliance was placed when making award.
If it is later determined that the bidder knowingly rendered an
erroneous certification, the coniract may be terminated for default,
and the bidder may be debarred or suspended from participation in
HUD programs and other Federal contraci programs.
6. Minimum Bid Acceptance Period
{a) "Acceptance period,” as used in this provision, means the
number of calendar days available to the PHA/IHA for awarding a
contract from the date specified in this solicitation for receipt of bids.
(b) This provision supersedes any language pertaining io the
acceptance period that may appear elsewhere in this solicitation.
{c} The PHA/IHA requires a minimum acceptance period of
[Contracting Officer insert time period] calendar days.
({d) In the space provided immediately below, bidders may specify
a longer acceptance period than the PHA's/IHA's minimum require-
ment. The bidder allows the following acceptance period:
calendar days.
{e) Abid allowing less than the PHA‘s/IHA’s minimum acceptance
period will be rejected.
{f) The bidder agrees to execute all that it has undertaken to do, in
compliance with its bid, if that bid is accepted in writing within (1) the
acceptance period stated in paragraph (c) above or (2) any longer
acceptance period stated in paragraph (d) above.
7. Small, Minority, Women-Owned Business Concern
Representation
The bidder represents and certifies as part of its bid/ offer that it --
{a) [ ] is, [ ] is not a small business concern. "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, and qualified as a small
business under the criteria and size standards in 13 CFR 121.
{b) [ lis, [ ]isnot awomen-owned business enterprise. "Women-
owned business enterprise," as used in this provision, means a
business that is at jeast 51 percent owned by a woman or women
who are U.S. citizens and who also control and operate the business.
(c) { Jis, [ ]is not a minority business enterprise. "Minority
business enterprise," as used in this provision, means a business
which is at least 51 percent owned or conirolled by one or more
minority group members or, in the case of a publicly owned business,
at least 51 percent of its voting stock is owned by one or more
minority group members, and whose management and daily opera-
tions are controlled by one or more such individuals. For the purpose
of this definition, minority group members are:
{Check the block applicable to you)
[ ] Black Americans [ ] Asian Pacific Americans
[ ] Hispanic Americans [ ] Asian Indian Americans
[ ] Native Americans [ ] Hasidic Jewish Americans
8. Indian-Owned Economic Enterprise and Indian
Organization Representation (applicable only if this
solicitation is fora contract to be performed on a project for an
Indian Housing Authority)
The bidder represents and certifies that it:
(a) [ Jis, [ ]is not an Indian-owned economic enterprise.
“Economic enterprise," as used in this provision, means any com-
mercial, industrial, or business activity established or organized for
the purpose of profit, which is at least 51 percent Indian owned.
"Indian," as used in this provision, means any person who is a
member of any tribe, band, group, pueblo, or community which is
recognized by the Federal Government as eligible for services from
the Bureau of Indian Affairs and any “Native” as defined inthe Alaska
Native Claims Settlement Act.
(b) [ ]is, [ ]is not an Indian organization. “Indian organization."
as used in this provision, means the governing body of any indian
tribe or entity established or recognized by such governing body.
Indian “tribe” means any Indian tribe, band, group, pueblo, or
Previous edition is obsolete
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