ANNUAL CERTIFICATIONS AND REPRESENTATIONS TYPE OF BUSINESS ORGANIZATION The Offeror represents and certifies as part of its quotation that: (Check all applicable boxes.) the Offeror operates as an individual, a partnership, a nonprofit organization, a corporation, incorporated and under the laws of the State of a joint venture, or a foreign entity; the Offeror is a mfg., a dist., a fabricator, a consultant, a service/software, other If the Offeror 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). FEDERAL TAX IDENTIFICATION NUMBER: BUSINESS SIZE AND TYPE OF CLASSIFICATION Check all applicable boxes (See attached for Definitions) Large Small Minority Owned Foreign Women-Owned Veteran Nonprofit Disadvantaged Service Disabled Veteran HBCU/MI Native American Certified Hub Zone* Certified Disadvantaged* *USSBA Certified - Requires copy of USSBA certification The North American Industry Classification System (NAICS) code for this acquisition is [insert the 6 or 8 digit NAICS code that most closely represents the product or service your firm is likely to sell to the Company]. The NAIC Code listings can be found at the Internet site: http://www.census.gov/epcd/www/naics.html PROHIBITION OF SEGREGATED FACILITIES (FAR 52.222-21) (2/99) (a) By the submission of this offer, the Offeror agrees 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 is employees to perform their services at any location under its control where segregated facilities are maintained. The Offer agrees that a breach of this clause is a violation of the Equal Opportunity clause in the order. (b) The Offeror shall include this clause in every order that is subject to the Equal Opportunity Clause of this order. (c) “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 are in fact segregated on the basis of race, color, religion, or national origin because of habit, local custom or otherwise. NOTE: The penalty for making false statements in offers is prescribed in 18 J.S.C. 1001. PREVIOUS CONTRACTS AND COMPLIANCE REPORTS (FAR 52.222-22) (2/99) Contractors who do not have 50 or more employees and a contract of $50,000 or more, mark “HAS NOT.” The Offeror represents that: (a) It HAS; HAS NOT participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; (b) It HAS, HAS NOT, filed all required compliance reports; and Representations indicating submission of required compliance reports, signed by proposed Subcontractors, will be obtained before subcontract awards. AFFIRMATIVE ACTION COMPLIANCE (FAR 52.222-25) (4/84) Contractors who do not have 50 or more employees and a contract of $50,000 or more, mark “HAS NOT.” 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 HAS NOT previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor. FRM0123 Page 1 of 7 20090660 Rev. C ANNUAL CERTIFICATIONS AND REPRESENTATIONS ANTI-KICKBACK PROCEDURES (FAR 52.203-7) (7/95) Offeror represents that it complies with the requirements set forth in FAR 52.203-7 Anti-Kickback Procedures. EQUAL OPPORTUNITY (FAR 52.222-26) (2/99) (a) Offeror represents that to the best of its knowledge and belief, no written notice of deficiency in or violation of compliance with the provisions of Executive orders 11246 or 11375 or rules or regulations of the Secretary of Labor (41 CFR, Chapter 60) has been received as of the date hereof. It is further agreed that Offeror will notify the Company I Purchasing if this status should change during the effective period of this Certificate. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, PROPOSED DEBARMENT, AND OTHER RESPONSIBILITY MATTERS (FAR 52.209-5)(12/00) The Offeror certifies, to the best of its knowledge and belief, that 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 (b) of this provision. (d) HAS, HAS NOT, within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency. This certification 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 to the Government, Buyer may terminate the contract resulting from this solicitation for default. CERTIFICATE OF INDEPENDENT PRICE DETERMINATION (FAR 52.203-2) (4/85) (a) The Offeror certifies that: (1) The prices in its 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 its offer have not been and will not knowingly be disclosed by the Offeror, directly or indirectly, to any other offeror or competitor before bid opening (in the case of a formally advertised/sealed bid solicitation) or contract award (in the case of a negotiated/competitive 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 or authorizing the prices being offered in its bid or proposal, and that the signatory, acting on his own behalf or acting as agent for the Offeror’s principals responsible for determining the prices offered in its bid or proposal has not participated and will not participate in any action contrary to subparagraphs (a) (1) through (a) (3) above. (2) Has been authorized, in writing, to act as agent for the principals involved in certifying that those principals have not participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; (ii) as an authorized agent, does certify that such principals have not participated, and will not participate, in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision; and (iii) As an agent, has not personally participated, and will not participate in any action contrary to subparagraphs (a)(1) through (a)(3) of this provision. (c) If Offeror deletes or modifies subparagraph (a)(2) of this provision, Offeror must furnish with its offer a signed statement setting froth in detail the circumstances of the disclosures. FRM0123 Page 2 of 7 20090660 Rev. C ANNUAL CERTIFICATIONS AND REPRESENTATIONS COVENANT AGAINST CONTINGENT FEES (FAR 52.203-5) (4/84) (a) The Offeror warrants that no person or agency has been employed or retained to solicit or obtain this contract upon an agreement or understanding for a contingent fee, except a bona fide employee or agency. For breach or violation of this warranty, the Government shall have the right to annul this contract without liability or, in its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of the contingent fee. (b) “Bona fide agency,” as used in this clause, means an established commercial or selling agency, maintained by a contractor for the purpose of securing business that neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds itself out as being able to obtain any Government contract or contracts through improper influence. “Bona fide employee,” as used in this clause, means a person, employed by a contractor and subject to the contractor’s supervision and control as to time, place, and manner of performance, who neither exerts nor proposes to exert improper influence to solicit or obtain Government contracts nor holds out as being able to obtain any Government contract or contracts through improper influence. “Contingent fee,” as used in this clause, means any commission, percentage, brokerage, or other fee that is contingent upon the success that a person or concern has in securing a Government contract. “Improper influence,” as used in this clause means any influence that induces or tends to induce a Government employee or officer to give consideration or to act regarding a Government contract on any basis other than the merits of the matter. CERTIFICATION AND DISCLOSURE REGARDING PAYMENTS TO INFLUENCE CERTAIN FEDERAL TRANSACTIONS (FAR 52.203-11) (4/91) (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, to any person for influencing or attempting to influence an officer or employee of an 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. CERTIFICATION REGARDING POLITICAL CONTRIBUTIONS, FEES, AND COMMISSIONS PAID IN CONNECTION WITH SALES SUBJECT TO THE PROVISIONS OF THE ARMS EXPORT CONTROL ACT The following is certified in compliance with 22 CFR 130: (Please check appropriate box) Neither Offeror nor its subcontractors at any tier have paid, offered or agreed to pay, or will pay or offer or agree to pay, in respect to the goods or services which are to be provided to the Company, its subsidiaries, divisions, affiliates, or operating units under any purchase order awarded as a result of the referenced RFP, political contributions, fees, or commissions in amounts as specified in 22 CFR 130.9. Offeror or its subcontractors at any tier have paid, offered or agreed to pay, or will pay or offer to pay, in respect to the goods or services which are to be provided to the Company under any purchase order awarded as a result of the referenced RFP, political contributions, fees, or commissions in amounts as specified in 22 CFR 130.9. Information under 22 CFR 130.10 is attached hereto. This Certification constitutes a material representation by Offeror upon which the Company will rely in the event it makes a purchase order award to Offeror with respect to the goods or services which are the subject of the referenced RFP. The Company shall have the right to terminate for default any purchase order so awarded in the event Offeror submits any false, inaccurate or incomplete information in connection with this Certification, fails to provide any necessary or require information, or provides information indicating payments or amounts which exceed the limits stated in 22 CFR 130.9. FRM0123 Page 3 of 7 20090660 Rev. C ANNUAL CERTIFICATIONS AND REPRESENTATIONS CERTIFICATION OF TOXIC CHEMICAL RELEASE REPORTING (FAR 52.223-13) (10/00) The Offeror, represents that: (a) As the owner or operator of facilities that will be used in the performance of this contract are subject to the filing and reporting requirements described in section 313 of the Emergency Planning and community Right-to-Know Act of 1986 (EPCRA) (42 U.S.C. 11023) and section 6607 of the Pollution Prevention Act of 1990 (PPA) (42 U.S.C. 13106), the Offeror will file and continue to file for such facilities for the life of the contract the Toxic Chemical release Inventory Form (Form R) as described in sections 313(a) and (g) of EPCRA and section 6607 of PPA; OR None of its own or operated facilities to be used in the performance of this contact is subject to the Form R filing and reporting requirements because each such facility is exempt for at least one of the following reasons: (Check each block that is applicable.) The facility does not manufacture, process or otherwise use any toxic chemicals listed under section 313(c) of EPCRA, 42 U.S.C. 11023(c); The facility does not have 10 or more full-time employees as specified in section 313(b)(1)(A) of EPCRA 42 U.S.C. 11023(b)(1)(A); The facility does not meet the reporting thresholds of toxic chemicals established under section 313(f) of EPCRA, 42 U.S.C. 11023(f) (including the alternate thresholds at 40 CFR 372.27, provided an appropriate certification form has been filed with EPA); The facility does not fall within Standard Industrial Classification Code (SIC) major groups 20 through 39 or their corresponding North American Industry Classification System (NAICS) sectors 31 through 33; or The facility is not located within any State of the Untied States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the Untied States Virgin Islands, the Northern Mariana Islands, or any other territory or possession over which the United States has jurisdiction. CERTIFICATION OF HANDICAPPED REHABILITATION ACT The Offeror certifies that it COMPLIES DOES NOT COMPLY with Executive Order 11758, Authority Under Rehabilitation Act of 1973, as amended, regarding employment of qualified handicapped persons. AFFIRMATIVE ACTION FOR DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (FAR 52.222-35) (4/98) The Offeror certifies that it IS, IS NOT in compliance with applicable affirmative action and labor laws pertaining to the employment of Disabled and Vietnam Era Veterans. EMPLOYMENT REPORTS ON SPECIAL DISABLED VETERANS AND VETERANS OF THE VIETNAM ERA (FAR 52.222-37) (1/99) The Offeror certifies that it IS, IS NOT in compliance with special reporting requirements pertaining to Employment Reports on special Disabled Veterans and Veterans of the Vietnam Era. BUY AMERICAN ACT--BALANCE OF PAYMENTS PROGRAM CERTIFICATE. (FAR 52.225-2) (2/00) (a) The Offeror certifies that each end product, except those listed in paragraph (b) of this certificate, is a domestic end product as defined in the clause entitled "Buy American Act--Balance of Payments Program--Supplies" and that Offeror has considered components of unknown origin to have been mined, produced, or manufactured outside the United States. The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products. (b) Foreign End Products: LINE ITEM NO. COUNTRY OF ORIGIN (List as necessary) FRM0123 Page 4 of 7 20090660 Rev. C ANNUAL CERTIFICATIONS AND REPRESENTATIONS REPRESENTATION CONCERNING DATA RIGHTS Offeror has reviewed the requirements for the delivery of data or software and states (check appropriate block) [ ] none of the data proposed for fulfilling such requirements qualifies as limited rights data or restricted computer software or [ ] data proposed for fulfilling such requirements qualify as limited rights data or restricted computer software and are identified as follows: TECHNICAL DATA OR COMPUTER SOFTWARE PREVIOUSLY DELIVERED TO THE GOVERNMENT (DFAR 252.227-7028) (6/95) This section must be handled on a proposal by proposal basis. The Offeror certifies that it: (a) HAS, HAS NOT delivered or (b) IS, or IS NOT obligated to deliver to the Government under any contract or subcontract, the same or substantially the same technical data or computer software as are required hereunder. NOTE: If the Offeror’s representation in (a) or (b) above, is “HAS”, the Offeror shall identify below: (a) The contract number under which the data or software were produced; (b) the contract number under which, and the name and address of the organization to whom, the data or software were most recently delivered or will be delivered; and (c) Any limitations in the Government’s rights to use or disclose the data or software, including, when applicable, identification of the earliest date the limitations expires. Contract/Subcontract No. , Place of Delivery: (Name of Government Agency/Contractor), (Address: Street, City, state and Zip Code), (Delivered to: Name of Party) Offeror represents that there are no limitations on the Government’s right to use or disclose the data, including, when applicable, identification of the earliest date the limitation expires. USE OF GOVERNMENT FACILITIES Government facilities WILL, WILL NOT be used on a rent-free-use basis. If the answer is WILL, the following information is required. (a) Facility Contract Number , Name of Agency authorizing Facility Contract, Contracting Officer’s Name , Office Symbol , Phone number , Address (b) the proposed price for this procurement DOES, DOES NOT include separately identifiable monetary consideration for use of these facilities. (c) if DOES is answered to (b) above, explain method used to calculate consideration for use. INTENT TO FURNISH PRECIOUS METALS AS GOVERNMENT-FURNISHED MATERIAL (DFAR 252.208-7000) (12/91) (a) The Government may furnish precious metals required in the manufacture of items to be delivered under an U.S. Government contract if the Contracting Officer determines it to be in the Government’s best interest. The use of Government-furnished silver is mandatory when the quantity required is one hundred troy ounce or more. The precious metal(s) will be furnished pursuant to the Government Furnished Property clause of the subcontract. (b) The Supplier shall cite in quotations, for items manufactured with precious metals, the type (silver, gold, platinum, palladium, iridium, rhodium, and ruthenium) and quantity in whole troy ounces of precious metals required in the performance of this subcontract (including precious metals required for any first article or production sample), and shall specify the national stock number (NSN) and nomenclature, if known, of the deliverable item requiring precious metals. Sample notice is as follows; Precious metal* Quantity , Deliverable Item (NSN and Nomenclature) *If platinum or palladium, specify whether sponge or granules are required. . (c ) Suppliers shall submit two prices for each deliverable item which contains precious metals – one based on Government furnishing precious metals, and one based on the subcontractor furnishing precious metals. Award will be made on the basis which is in the best interest of the Government. (d) The subcontractor agrees to insert this clause, including this paragraph (d), in annual certification for subcontracts and purchase orders issued in performance of this subcontract, unless the subcontractor knows that the item being purchased contains no precious metals. FRM0123 Page 5 of 7 20090660 Rev. C ANNUAL CERTIFICATIONS AND REPRESENTATIONS DISCLOSURE OF OWNERSHIP OR CONTROL BY THE GOVERNMENT OF A TERROSIT COUNTRY (DFAR 252.209-7001) 3/98 (a) Definitions. As used in this provision (1) “Government of a terrorist country” includes the state and the government of at terrorist country, as well as any political subdivision, agency, or instrumentality thereof. (2) “Terrorist country” means a country determined by the Secretary of State, under section 6(j)(1)A) of the Export Administration Act of 1979 (50 U.S.C. App. 2405(j(i)(A), to be a country the government of which has repeatedly provided support for acts of international terrorism. As of the date of this provision, terrorist countries include: Cuba, Iran, Iraq, Libya, North Korea, Sudan, and Syria. (3)“Significant interest” means (i) Ownership of or beneficial interest in five percent or more of the firm’s or subsidiary’s securities. Beneficial interest includes holding five percent or more of any class of the firm’s securities in “nominee shares,” “street names,” or some other method of holding securities that does not disclose the beneficial owner; (ii) holding a management position in the firm, such as a director or officer; (iii) ability to control or influence the election, appointment, or tenure of directors or officers in the firm; (iv) ownership in ten percent or more of the assets of a firm such as equipment, building, real estate, or other tangible assets of the firm; or (iv) holding fifty percent or more of the indebtedness of a firm. (b) Prohibition on award. In accordance with 10 U.S.C. 2327, no contract may be awarded to a firm or a subsidiary of a firm if the government of a terrorist country has a significant interest in the firm or subsidiary or, in the case of a subsidiary, the firm that owns the subsidiary, unless a waiver is granted by the Secretary of defense. (c) Disclosure. If the government of a terrorist country has a significant interest in the Offeror or a subsidiary of the Offeror, the Offeror shall disclose such interest in an attachment to its offer. If the Offeror is a subsidiary, it shall also disclose any significant interest the government of a terrorist country has in any firm that owns or controls the subsidiary. The disclosure shall include (1) identification of each government holding a significant interest; and (2) a description of the significant interest held by each government. ENVIRONMENTAL PROTECTION Offeror represents that: (a) Any facility to be used in the performance of a comapny order is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities. (b) During the 12 month period this certification is in effect the Offeror will promptly notify the Company purchasing representative, of the receipt of any communication from the Environmental Protection Agency, indicating that any facility which it proposes to use for the performance of the proposed order is under consideration to be listed on the EPA List of Violating Facilities. (c) It will include substantially, this certification, including this Paragraph C, in every nonexempt subcontract or order. CERTIFICATION AND REPRESENTATION 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 TITLE 18, UNITED STATES CODE, SECTION 1001. ______________________________________________________________________________ COMPANY NAME (TYPE OR PRINT) _____________________________________________________________________________ NAME AND TITLE OF PERSON AUTHORIZED TO BIND OFFEROR ______________________________________________________________________________ SIGNATURE DATE The effective period this annual certification is one year from the date this certification package is signed by an authorized official of the company. The Offeror shall provide immediate written notice to Buyer 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. FRM0123 Page 6 of 7 20090660 Rev. C ANNUAL CERTIFICATIONS AND REPRESENTATIONS DEFINITIONS SMALL BUSINESS: 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 as a smell business under the criteria and size standards in 13 CFR Part 121.(reference Federal Acquisition Regulations part 19.102) WOMAN-OWNED SMALL BUSINESS: Means a small business which is at least 51 percent owned by one or more women, or, the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and whose management and daily business operations are controlled by one or more women. VETERAN-OWNED SMALL BUSINESS: Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans: and the management and daily operations of which are controlled by one or more veterans. SERVICE DISABLED VETERAN-OWNED SMALL BUSINESS: Means a small business not less than 51 percent of which Is owned by one or more service-disabled veterans or in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and the management and daily business operations of which are controlled by one or more service disabled veterans or, in the case of a veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran. Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, 38 U.S.C. 101(16). HUB ZONE SMALL BUSINESS: Means a historically underutilized business zone, which is an area located within one or more qualified census tracts, qualified nonmetropolitan counties, or lands within the external boundaries of an Indian reservation. Status as a qualified HUBZone small business concern is determined by the Small Business Administration (SBA) in accordance with 13 CFR part 126. If the SBA determines that a concern is a qualified HUBZone small business concern it will issue a certification to that effect and will add the concern to the list of Qualified HUBZone Small Business Concerns on its Internet website at http://www.sba.gov/hubzone. SMALL CERTIFIED DISADVANTAGED BUSINESS: Means a small business concern that represents, as part of its offer that it has received certification as a small disadvantaged business concern consistent with 13 CFR part 124, Subpart B: and no material change in disadvantaged ownership and control has occurred since its certification: or where the concern is owned by one or more individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(b)(2); and it is identified on the date of its representation, as a certified small disadvantaged business in the database maintained by the Small Business Administration (PRO-Net). SMALL DISADVANTAGED BUSINESS: A firm that was classified as a Small Disadvantaged Business prior to 10/1/99, but has not yet received certification from the U.S. SBA HISTORICALLY BLACK COLLEGE UNIVERSITY (HBCU): Means an Institution determined by the Secretary of Education to meet the requirements of 34 CFR 608.2. For the Department of Defense (DoD), the National Aeronautics and Space ( Administration (NASA), and the Coast Guard, the term also Includes any nonprofit research Institution that was an integral part of such a college or university before 11/14/66. MINORITY INSTITUTION (MI): Means an institution of higher education meeting the requirements of Section 1046(3) of the Higher Education Act of 1965 (20 U.S.C. 1135d-5(3) which, for the purposes of this clause includes a Hispanic- serving institution or higher education as defined in Section 316(b)(1) of the Act (20 U.S.C. 1059c(b)(1). LARGE BUSINESS: A Large Business is a domestic firm that does not meet the small business size standards per the definition above. Businesses should contact the U.S. Small Business Administration or www.sba.gov to determine appropriate North American Industry Classification (NAlCS) codes and size standard. The threshold for number of employees and revenue vary depending on the product or service. FOREIGN BUSINESS: Means a subcontractor organized or existing under the laws of a country other than the United. States. The United States means the 50 states and the District of Columbia, U.S. territories and possessions, Puerto Rico, the Northern Mariana Islands and any other place subject to U.S. jurisdiction, but does not include leased bases. MINORITY: Means a business that is 51% owned and operated by an Individual(s) who are U.S. citizens and their ancestry is African American, Native American, Asian Pacific, or their origins are from Indian, Pakistan, Bangladesh, or Sri-Lanka. NATIVE AMERICAN: Refer to definition of Indian or Indian organization or Indian Tribe in FAR 26.101. FRM0123 Page 7 of 7 20090660 Rev. C