Annual Supplier Certifications

Effective 10-3-2008 the following classifications no longer requires SBA certification by subcontractor or supplier on subcontract procurements. See Federal Register Vol. 73, No. 193 dated 3-Oct-2008 under 13 CFR 124.

• SMALL DISADVANTAGED BUSINESS CONCERN
• BLACK AMERICAN
• HISPANIC AMERICAN
• NATIVE AMERICAN
• ASIAN-PACIFIC AMERICAN
• SUBCONTINENT ASIAN AMERICAN
• OTHER MINORITY

SEILER INSTRUMENT COMPANY IS AN EQUAL OPPORTUNITY EMPLOYER AND IS COMMITTED TO FULFILLING ITS OBLIGATIONS UNDER EXECUTIVE ORDER 11246 AND RELATED UNITED STATES GOVERNMENT CONTRACTUAL AND REGULATORY REQUIREMENTS. ACCORDINGLY, WE REQUEST THIS CERTIFICATION FROM ALL VENDORS RECEIVING UNITED STATES GOVERNMENT SUBCONTRACTS. PLEASE REVIEW, EXECUTE AND RETURN THIS CERTIFICATE TO US WITHIN 30 DAYS.

These Certifications and Agreements are required on an annual basis and will continue in effect as long as required by any applicable Law, Executive Order, or the Federal Acquisition Regulation (FAR).

1. 1. 1. 1. Federal taxes are considered delinquent if both of the following criteria apply:
            1. The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.
            2. The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded.
         2. Examples.
            1. The taxpayer has received a statutory notice of deficiency, under I.R.C. Sec. 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
            2. The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. Sec. 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights.
            3. The taxpayer has entered into an installment agreement pursuant to I.R.C. Sec. 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.
            4. The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code).

1. "Principal,"" for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a 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.
2. The Supplier shall provide immediate written notice to the SEILER INSTRUMENT COMPANY- Buyer of Record if, at any time prior to contract award, the Supplier learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.
3. 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 Supplier's responsibility. Failure of the Supplier to furnish a certification or provide such additional information as requested by the Buyer may render the Supplier nonresponsible.
4. 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 a Supplier is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.
5. The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making an award. If it is later determined that the Supplier knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the SEILER INSTRUMENT COMPANY may terminate the contract resulting from this solicitation for default.

Seiler Instrument & Manufacturing Company, Inc. (“SEILER”) manufactures parts, components, and end items with military applications (“Military Products”) and utilizes associated Military Technical Data (see ITAR 120.10) and Controlled Technology (see EAR Part 772) subject to export controls under the International Traffic in Arms Regulations (ITAR) and/or the Export Administration Regulations (EAR). The foregoing are herein referred to as “export-controlled items”.

Accordingly, SEILER requires that COMPANY certify and agree to the following prior to engagement with respect to export-controlled items:

1. COMPANY will comply with all applicable laws and regulations regarding export-controlled items.

2. COMPANY affirms that export-controlled items provided to COMPANY from SEILER will not be exported, re-exported, resold, diverted, transferred, transshipped, disclosed or made available to non-United States Persons, or otherwise disposed in any other country outside the United States without the appropriate licensing or other authorization.

3. COMPANY will comply with all applicable United States Department of Defense Directives (in particular, see 5230.25) regarding export-controlled items.

4. COMPANY agrees to ensure that the export compliance requirements cited herein are conveyed to all subcontractors that may have access to the export-controlled items provided to COMPANY under this certification.

5. COMPANY agrees to notify SEILER if COMPANY is acquired by a foreign entity or if COMPANY is or becomes owned or controlled (directly or indirectly) by a foreign entity.

6. COMPANY certifies that it will ensure that export-controlled items will be adequately secured or destroyed after use to prevent disclosure in violation of export-control regulations.

The undersigned certifies, to the best of his or her knowledge and belief, that 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.

If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the undersigned with respect to this contract, the Supplier shall complete and submit OMB Standard Form LLL, Disclosure of Lobbying Activities to the authorized Seiler Instrument Company Purchasing representative to provide the name of the registrants. The Supplier need not report regularly employed officers or employees of the Supplier to whom payments of reasonable compensation were made.

The Supplier 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 $150,000 shall certify and disclose accordingly.

Submission of this certification and disclosure is a prerequisite for making or entering into any contract imposed by section 1352, title 31, United States Code. Any person who makes 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.