98-006 - EEO Certification"APPENDIX E1" CERTIFICATIONS AND REPRESENTATIONS Notice: The certifications/representations contained in the following clause are incorporated into all solicitations and purchase orders issued by AMMC. It is not necessary for Seller to sign and submit to AMMC individual certificates/representations. This clause contains certifications and representations that are material representations of fact upon which Lockheed Martin will rely in making awards to Seller. By submitting its written offer, or providing oral offers/quotations at the request of Lockheed Martin, or accepting any purchase order, including oral orders from Lockheed Martin, Seller represents and certifies as set forth below in this clause. Seller shall immediately notify Lockheed Martin of any change of status with regard to these certifications and representations. (a) Certification of Nonsegregated Facilities. [Applicable to solicitations and purchase orders exceeding $10,000 which are not exempt from the requirements of the Equal Opportunity clause, FAR 52.222-26]. (1) 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. (2) Seller 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. Seller agrees that a breach of this certification is a violation of the Equal Opportunity clause in the purchase order. (3) Seller further agrees that (except where it has obtained identical certifications from proposed lower tier subcontractors for specific time periods) Seller will: (i) obtain identical certifications from proposed lower tier subcontractors before the award of subcontracts under which the subcontractor will be subject to the Equal Opportunity clause; (ii) retain the certifications in the files; and (iii) forward the following notice to the proposed lower tier subcontractors (except if the proposed subcontractors have submitted identical certifications for specific time periods): NOTICE TO PROSPECTIVE SUBCONTRACTORS OF REQUIREMENT FOR CERTIFICATIONS OF NONSEGREGATED FACILITIES. A Certification of Nonsegregated Facilities must be submitted before the award of a lower tier 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, or annually). NOTE: The penalty for making false statements in offers is prescribed in 18 U.S.C. 1001. (b) Previous Contracts and Compliance Reports. Seller represents (i) that if Seller has participated in a previous contract or subcontract subject either to the Equal Opportunity clause (FAR 52.222-26) 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, (ii) that Seller has filed all required compliance reports, and (iii) that representations indicating submission of required compliance reports, signed by proposed subcontractors, will be obtained before subcontract awards. (c) Affirmative Action Compliance. Seller represents (1) that Seller has developed and has 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 (2) that in the event such a program does not presently exist, Seller will develop and place in operation such a written Affirmative Action Compliance Program with 120 days from the award of this purchase order.