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                            FAR
                            52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.
        
                  FAR
FAR
FAC Number: 2024-03 Effective Date: 02/23/2024
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Subpart52.052.152.252.3
Section52.20052.20152.20252.20352.20452.20552.20652.20752.20852.20952.21052.21152.21252.21352.21452.21552.21652.21752.21852.21952.22052.22152.22252.22352.22452.22552.22652.22752.22852.22952.23052.23152.23252.23352.23452.23552.23652.23752.23852.23952.24052.24152.24252.24352.24452.24552.24652.24752.24852.24952.25052.25152.25252.253
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52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services.52.212-3 Offeror Representations and          Certifications—Commercial Products and Commercial Services.As prescribed in 12.301(b)(2), insert the following             provision:Offeror             Representations and Certifications—Commercial Products and             Commercial Services (Feb             2024)The Offeror shall complete only paragraph (b) of             this provision if the Offeror has completed the annual             representations and certification electronically in the System for             Award Management (SAM) accessed through   https://www.sam.gov. If the Offeror has             not completed the annual representations and certifications             electronically, the Offeror shall complete only paragraphs (c)             through (v) of this provision.                (a)                                      *Definitions*. As used in this                   provision—                *Covered telecommunications                   equipment or services* has the meaning provided in the                   clause  52.204-25, Prohibition on                   Contracting for Certain Telecommunications and Video                   Surveillance Services or Equipment.                *Economically disadvantaged                   women-owned small business (EDWOSB) concern* means a small                   business concern that is at least 51 percent directly and                   unconditionally owned by, and the management and daily                   business operations of which are controlled by, one or more                   women who are citizens of the United States and who are                   economically disadvantaged in accordance with   13 CFR part 127, and the concern                   is certified by SBA or an approved third-party certifier in                   accordance with   13 CFR 127.300. It automatically                   qualifies as a women-owned small business eligible under the                   WOSB Program.                *Forced or indentured child                   labor* means all work or service—(1)                             Exacted from any person                         under the age of 18 under the menace of any penalty for                         its nonperformance and for which the worker does not                         offer himself voluntarily; or                                               (2)                             Performed by any person                         under the age of 18 pursuant to a contract the                         enforcement of which can be accomplished by process or                         penalties.                                                      *Highest-level owner* means the                   entity that owns or controls an immediate owner of the                   offeror, or that owns or controls one or more entities that                   control an immediate owner of the offeror. No entity owns or                   exercises control of the highest level owner.                *Immediate owner* means an                   entity, other than the offeror, that has direct control of the                   offeror. Indicators of control include, but are not limited                   to, one or more of the following: ownership or interlocking                   management, identity of interests among family members, shared                   facilities and equipment, and the common use of employees.                *Inverted domestic corporation*,                   means a foreign incorporated entity that meets the definition                   of an inverted domestic corporation under   6 U.S.C. 395(b), applied in                   accordance with the rules and definitions of   6 U.S.C. 395(c).                *Manufactured end product* means                   any end product in product and service codes (PSCs) 1000-9999, except—(1)                             PSC 5510, Lumber and                         Related Basic Wood Materials;                                               (2)                             Product or Service Group                         (PSG) 87, Agricultural Supplies;                                               (3)                             PSG 88, Live Animals;                                               (4)                             PSG 89, Subsistence;                                               (5)                             PSC 9410, Crude Grades of                         Plant Materials;                                               (6)                             PSC 9430, Miscellaneous                         Crude Animal Products, Inedible;                                               (7)                             PSC 9440, Miscellaneous                         Crude Agricultural and Forestry Products;                                               (8)                             PSC 9610, Ores;                                               (9)                             PSC 9620, Minerals, Natural                         and Synthetic; and                                               (10)                             PSC 9630, Additive Metal                         Materials.                                                      *Place of manufacture* means the                   place where an end product is assembled out of components, or                   otherwise made or processed from raw materials into the                   finished product that is to be provided to the Government. If                   a product is disassembled and reassembled, the place of                   reassembly is not the place of manufacture.                *Predecessor* means an entity                   that is replaced by a successor and includes any predecessors                   of the predecessor.                *Reasonable inquiry* has the                   meaning provided in the clause  52.204-25, Prohibition on                   Contracting for Certain Telecommunications and Video                   Surveillance Services or Equipment.                *Restricted business operations*                   means business operations in Sudan that include power                   production activities, mineral extraction activities,                   oil-related activities, or the production of military                   equipment, as those terms are defined in the Sudan                   Accountability and Divestment Act of 2007 (Pub. L. 110-174).                   Restricted business operations do not include business                   operations that the person (as that term is defined in Section                   2 of the Sudan Accountability and Divestment Act of 2007)                   conducting the business can demonstrate—(1)                             Are conducted under                         contract directly and exclusively with the regional                         government of southern Sudan;                                               (2)                             Are conducted pursuant to                         specific authorization from the Office of Foreign Assets                         Control in the Department of the Treasury, or are                         expressly exempted under Federal law from the                         requirement to be conducted under such                         authorization;                                               (3)                             Consist of providing goods                         or services to marginalized populations of Sudan;                                               (4)                             Consist of providing goods                         or services to an internationally recognized                         peacekeeping force or humanitarian organization;                                               (5)                             Consist of providing goods                         or services that are used only to promote health or                         education; or                                               (6)                             Have been voluntarily                         suspended."Sensitive technology"—                                                      *Sensitive technology*—(1)                             Means hardware, software,                         telecommunications equipment, or any other technology                         that is to be used specifically—                                                        (i)                                   To restrict the free                               flow of unbiased information in Iran; or                                                           (ii)                                   To disrupt, monitor,                               or otherwise restrict speech of the people of                               Iran; and                                                                           (2)                             Does not include                         information or informational materials the export of                         which the President does not have the authority to                         regulate or prohibit pursuant to section 203(b)(3)of the                         International Emergency Economic Powers Act (50 U.S.C.                         1702(b)(3)).                                                      *Service-disabled veteran-owned small business (SDVOSB) concern* means a small business concern—(1)(i)  Not less than 51 percent of which is owned and controlled 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(ii)  The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part 128 (see subpart  19.14).(3)  *Service-disabled veteran*, as used in this definition, means a veteran as defined in   38 U.S.C. 101(2), with a disability that is service connected, as defined in   38 U.S.C. 101(16), and who is registered in the Beneficiary Identification and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits Administration, as a service-disabled veteran.                 *Service-disabled veteran-owned                   small business (SDVOSB) concern eligible under the SDVOSB                   Program* means an SDVOSB concern                   that—(1)                                                        Effective January 1, 2024, is                         designated in the System for Award Management (SAM) as                         certified by the Small Business Administration (SBA) in                         accordance with 13 CFR 128.300; or                                               (2)                                                        Has represented that it is an SDVOSB                         concern in SAM and submitted a complete application for                         certification to SBA on or before December 31,                         2023.                                                      *Service-disabled veteran-owned                   small business (SDVOSB) Program* means a program that                   authorizes contracting officers to limit competition,                   including award on a sole-source basis, to SDVOSB concerns                   eligible under the SDVOSB                   Program.                *Small business concern*—(1)                             Means a concern, including                         its affiliates, that is independently owned and                         operated, not dominant in its field of operation, and                         qualified as a small business under the criteria in   13 CFR part 121 and size                         standards in this solicitation.                                               (2)                                                        *Affiliates*, as used in                         this definition, means business concerns, one of whom                         directly or indirectly controls or has the power to                         control the others, or a third party or parties control                         or have the power to control the others. In determining                         whether affiliation exists, consideration is given to                         all appropriate factors including common ownership,                         common management, and contractual relationships. SBA                         determines affiliation based on the factors set forth at                         13 CFR 121.103.                                                      *Small disadvantaged business                   concern*, consistent with 13 CFR 124.1001, means a small                   business concern under the size standard applicable to the                   acquisition, that—(1)                             Is at least 51 percent                         unconditionally and directly owned (as defined at 13 CFR 124.105) by—                                                        (i)                                   One or more socially                               disadvantaged (as defined at13 CFR 124.103) and                               economically disadvantaged (as defined at 13 CFR 124.104)                               individuals who are citizens of the United States;                               and                                                           (ii)                                   Each individual                               claiming economic disadvantage has a net worth not                               exceeding the threshold at 13 CFR 124.104(c)(2)                               after taking into account the applicable                               exclusions set forth at 13 CFR124.104(c)(2);                               and                                                                           (2)                             The management and daily                         business operations of which are controlled (as defined                         at 13.CFR 124.106) by individuals, who meet the criteria                         in paragraphs (1)(i) and (ii) of this definition.                                                      *Subsidiary* means an entity in                   which more than 50 percent of the entity is owned—(1)                             Directly by a parent                         corporation; or                                               (2)                             Through another subsidiary                         of a parent corporation                                                      *Successor* means an entity that                   has replaced a predecessor by acquiring the assets and                   carrying out the affairs of the predecessor under a new name                   (often through acquisition or merger). The term "successor"                   does not include new offices/divisions of the same company or                   a company that only changes its name. The extent of the                   responsibility of the successor for the liabilities of the                   predecessor may vary, depending on State law and specific                   circumstances.                *Veteran-owned small business                   concern* means a small business concern—(1)  Not less than 51 percent of which is owned and controlled 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                                               (2)                             The management and daily                         business operations of which are controlled by one or                         more veterans.                                                      *Women-owned business concern*                   means a concern which is at least 51 percent owned by one or                   more women; or in the case of any publicly owned business, at                   least 51 percent of its stock is owned by one or more women;                   and whose management and daily business operations are                   controlled by one or more women                *Women-owned small business                   concern* means a small business concern—(1)                             That is at least 51 percent                         owned by one or more women; or, in the case of any                         publicly owned business, at least51 percent of the stock                         of which is owned by one or more women; and                                               (2)                             Whose management and daily                         business operations are controlled by one or more                         women.                                                      *Women-owned small business (WOSB)                   concern eligible under the WOSB Program* (in accordance                   with   13 CFR part 127), means a small                   business concern that is at least 51 percent directly and                   unconditionally owned by, and the management and daily                   business operations of which are controlled by, one or more                   women who are citizens of the United States, and the concern                   is certified by SBA or an approved third-party certifier in                   accordance with   13 CFR 127.300.                             (b)                                      (1)                                                  *Annual Representations and                         Certifications*. Any changes provided by the Offeror                         in paragraph (b)(2) of this provision do not                         automatically change the representations and                         certifications in SAM.                                         (2)                          The offeror has completed                         the annual representations and certifications                         electronically in SAM accessed through   http://www.sam.gov. After                         reviewing SAM information, the Offeror verifies by                         submission of this offer that the representations and                         certifications currently posted electronically at FAR  52.212-3, Offeror                         Representations and Certifications-Commercial Products                         and Commercial Services, have been entered or updated in                         the last 12 months, are current, accurate, complete, and                         applicable to this solicitation (including the business                         size standard(s) applicable to the NAICS code(s)                         referenced for this solicitation), at the time this                         offer is submitted and are incorporated in this offer by                         reference (see FAR  4.1201), except for                         paragraphs __.                      [*Offeror to identify the                         applicable paragraphs at (c) through (v) of this                         provision that the offeror has completed for the                         purposes of this solicitation only, if any.*                      *These amended                         representation(s) and/or certification(s) are also                         incorporated in this offer and are current, accurate,                         and complete as of the date of this offer.*                      *Any changes provided by the                         offeror are applicable to this solicitation only, and do                         not result in an update to the representations and                         certifications posted electronically on SAM.*]                                                (c)                    Offerors must complete the                   following representations when the resulting contract is for                   supplies to be delivered or services to be performed in the                   United States or its outlying areas, or when the contracting                   officer has applied  part  19 in accordance with  19.000(b)(1)(ii). Check all that                   apply.                                      (1)                                                  *Small business concern*.                         The offeror represents as part of its offer that—                                                  (i)                                It □ is, □ is not a small                               business concern; or                                                     (ii)                                It □ is, □ is not a small                               business joint venture that complies with the                               requirements of   13 CFR 121.103(h) and   13 CFR 125.8(a) and   (b). [ *The offeror shall enter                               the name and unique entity identifier of each                               party to the joint venture:*                               ____________.]                                                                  (2)                                                  *Veteran-owned small business                         concern*. [*Complete only if the offeror                         represented itself as a small business concern in                         paragraph (c)(1) of this provision*.] The offeror                         represents as part of its offer that it □ is, □ is not a veteran-owned                         small business concern.                                         (3) *SDVOSB concern.* [*Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.*] The offeror represents that it □ is, □ is not an SDVOSB concern.                                         (4) *SDVOSB concern joint venture eligible under the SDVOSB Program*. The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the SDVOSB Program that complies with the requirements of 13 CFR 128.402. [*Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.*] [*The offeror shall enter the name and unique entity identifier of each party to the joint venture:* ____________.]                                         (5)                                                  *Small disadvantaged business                         concern. [Complete only if the offeror represented                         itself as a small business concern in paragraph (c)(1)                         of this provision.]* The offeror represents that it □ is, □ is not a small                         disadvantaged business concern as defined in   13 CFR 124.1002.                                         (6)                                                  *Women-owned small business                         concern*. [*Complete only if the offeror                         represented itself as a small business concern in                         paragraph (c)(1) of this provision*.] The offeror                         represents that it □ is, □ is not a women-owned                         small business concern.                                         (7)                                                  *WOSB joint venture eligible                         under the WOSB Program.* The offeror represents that                         it □ is, □ is not a joint venture                         that complies with the requirements of   13 CFR 127.506(a) through   (c). [ *The offeror shall enter the                         name and unique entity identifier of each party to the                         joint venture:*                         ____________.]                                         (8) *Economically disadvantaged women-owned small business (EDWOSB) joint venture.* The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of   13 CFR 127.506(a) through   (c). [*The offeror shall enter the name and unique entity identifier of each party to the joint venture:* ____________.]                      **Note to paragraphs (c)(9) and (10):** Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.                                         (9)                                                  *Women-owned business concern                         (other than small business concern*). [*Complete only if the offeror                         is a women-owned business concern and did not represent                         itself as a small business concern in paragraph (c)(1)                         of this provision*.] The offeror represents that it □ is a women-owned business                         concern.                                         (10)                                                  *Tie bid priority for labor                         surplus area concerns*. If this is an invitation for                         bid, small business offerors may identify the labor                         surplus areas in which costs to be incurred on account                         of manufacturing or production (by offeror or first-tier                         subcontractors) amount to more than 50 percent of the                         contract price:____________                                         (11)                                                  *HUBZone small business                         concern*. [*Complete only if the offeror                         represented itself as a small business concern in                         paragraph (c)(1) of this provision*.] The offeror                         represents, as part of its offer, that–                                                  (i)                                It □ is, □ is not a HUBZone                               small business concern listed, on the date of this                               representation, as having been certified by SBA as                               a HUBZone small business concern in the Dynamic                               Small Business Search and SAM, and will attempt to                               maintain an employment rate of HUBZone residents                               of 35 percent of its employees during performance                               of a HUBZone contract (see   13 CFR                               126.200(e)(1)); and                                                     (ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of   13 CFR 126.616(a) through   (c). [*The offeror shall enter the name and unique entity identifier of each party to the joint venture:* ______.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.                                                                         (d)                    Representations required to                   implement provisions of Executive Order11246-                                      (1)                          Previous contracts and                         compliance. The offeror represents that-                                                  (i)                                It □ has, □ has not                               participated in a previous contract or subcontract                               subject to the Equal Opportunity clause of this                               solicitation; and                                                     (ii)                                It □ has, □ has not filed all                               required compliance reports.                                                                  (2)                                                  *Affirmative Action                         Compliance*. The offeror represents that-                                                  (i)                                It □ has developed and                               has on file, □ has not developed                               and does not have on file, at each establishment,                               affirmative action programs required by rules and                               regulations of the Secretary of Labor (41 CFR                               parts 60-1 and 60-2), or                                                     (ii)                                It □ has not previously                               had contracts subject to the written affirmative                               action programs requirement of the rules and                               regulations of the Secretary of Labor.                                                                         (e)                                      *Certification Regarding Payments to                   Influence Federal Transactions (31   http://uscode.house.gov/ U.S.C.                   1352)*. (Applies only if the contract is expected to exceed                   $150,000.) By submission of its offer, the offeror certifies                   to the best of its 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 award of any                   resultant contract. If any registrants under the Lobbying                   Disclosure Act of 1995 have made a lobbying contact on behalf                   of the offeror with respect to this contract, the offeror                   shall complete and submit, with its offer, OMB Standard Form                   LLL, Disclosure of Lobbying Activities, to provide the name of                   the registrants. The offeror need not report regularly                   employed officers or employees of the offeror to whom payments                   of reasonable compensation were made.                             (f)                                      *Buy American Certificate*.                   (Applies only if the clause at Federal Acquisition Regulation                   (FAR)  52.225-1, Buy American-Supplies,                   is included in this solicitation.)                                      (1)                                                  (i)  The Offeror certifies                               that each end product, except those listed in                               paragraph (f)(2) of this provision, is a domestic                               end product and that each domestic end product                               listed in paragraph (f)(3) of this provision                               contains a critical component.                                                     (ii)                                The Offeror shall                               list as foreign end products those end products                               manufactured in the United States that do not                               qualify as domestic end products. For those                               foreign end products that do not consist wholly or                               predominantly of iron or steel or a combination of                               both, the Offeror shall also indicate whether                               these foreign end products exceed 55 percent                               domestic content, except for those that are COTS                               items. If the percentage of the domestic content                               is unknown, select “no”.                                                     (iii)                                The Offeror shall                               separately list the line item numbers of domestic                               end products that contain a critical component                               (see FAR 25.105).                                                     (iv)                                The terms                               “commercially available off-the-shelf (COTS)                               item,” “critical component,” “domestic end                               product,” "end product," "foreign end product,"                               and "United States" are defined in the clause of                               this solicitation entitled "Buy                               American-Supplies."                                                                  (2)                          Foreign End Products:                      Line Item No.Country of                                     OriginExceeds 55% domestic                                     content (yes/no)________________________________________________________________________________________________________________________________________________                      [*List as necessary*]                                         (3)                          Domestic end products                         containing a critical component:                      Line Item No. ___                      [*List as necessary*]                                         (4)                          The Government will                         evaluate offers in accordance with the policies and                         procedures of FAR  part  25.                                                (g)                                      (1)                                                  *Buy American-Free Trade                         Agreements-Israeli Trade Act Certificate*. (Applies                         only if the clause at FAR  52.225-3, Buy American-Free                         Trade Agreements-Israeli Trade Act, is included in this                         solicitation.)                                                  (i)                                                              (A)                                      The Offeror                                     certifies that each end product, except                                     those listed in paragraph (g)(1)(ii) or                                     (iii) of this provision, is a domestic end                                     product and that each domestic end product                                     listed in paragraph (g)(1)(iv) of this                                     provision contains a critical component.                                                                 (B)                                      The terms                                     "Bahraini, Moroccan, Omani, Panamanian, or                                     Peruvian end product," "commercially                                     available off-the-shelf (COTS) item,"                                     "critical component," "domestic end                                     product," "end product," "foreign end                                     product," "Free Trade Agreement country,"                                     "Free Trade Agreement country end product,"                                     "Israeli end product," and "United States"                                     are defined in the clause of this                                     solicitation entitled "Buy American-Free                                     Trade Agreements-Israeli Trade Act."                                                                                    (ii)                                The Offeror                               certifies that the following supplies are Free                               Trade Agreement country end products (other than                               Bahraini, Moroccan, Omani, Panamanian, or Peruvian                               end products) or Israeli end products as defined                               in the clause of this solicitation entitled "Buy                               American-Free Trade Agreements-Israeli Trade                               Act."                            Free Trade Agreement Country                               End Products (Other than Bahraini, Moroccan,                               Omani, Panamanian, or Peruvian End Products) or*Israeli End                               Products*:                            Line Item                                         No.Country of                                         Origin_____________________________________________________________________________________________                            [*List as                               necessary*]                                                     (iii)                                The Offeror shall                               list those supplies that are foreign end products                               (other than those listed in paragraph (g)(1)(ii)                               of this provision) as defined in the clause of                               this solicitation entitled "Buy American-Free                               Trade Agreements-Israeli Trade Act." The Offeror                               shall list as other foreign end products those end                               products manufactured in the United States that do                               not qualify as domestic end products. For those                               foreign end products that do not consist wholly or                               predominantly of iron or steel or a combination of                               both, the Offeror shall also indicate whether                               these foreign end products exceed 55 percent                               domestic content, except for those that are COTS                               items. If the percentage of the domestic content                               is unknown, select “no”.                            *Other Foreign End                               Products*:                            Line Item                                         No.Country of                                         OriginExceeds 55%                                         domestic content (yes/no)______________________________________________________________________________________________________________________________                            [List as necessary]                                                     (iv)                                The Offeror shall                               list the line item numbers of domestic end                               products that contain a critical component (see                               FAR  25.105).                            Line Item No. ___                            [List as necessary]                                                     (v)                                The Government will                               evaluate *offers* in                               accordance with the policies and procedures of FAR  part  25.                                                                  (2)                                                  *Buy American-Free Trade                         Agreements-Israeli Trade Act Certificate, Alternate                         II*. If Alternate II to the clause at FAR  52.225-3 is included in                         this solicitation, substitute the following paragraph                         (g)(1)(ii) for paragraph (g)(1)(ii) of the basic                         provision:                      (g)(1)(ii) The offeror certifies that                         the following supplies are Israeli end products as                         defined in the clause of this solicitation entitled “Buy                         American—Free Trade Agreements—Israeli Trade Act”:                      *Israeli End Products*:                      Line Item No.________________________________________                      [*List as necessary*]                                         (3)                                                  *Buy American-Free Trade                         Agreements-Israeli Trade Act Certificate, Alternate                         III*. If Alternate III to the clause at  52.225-3 is included in                         this solicitation, substitute the following paragraph                         (g)(1)(ii) for paragraph (g)(1)(ii) of the basic                         provision:                      (g)(1)(ii) The offeror certifies that the                         following supplies are Free Trade Agreement country end                         products (other than Bahraini, Korean, Moroccan, Omani,                         Panamanian, or Peruvian end products) or Israeli end                         products as defined in the clause of this solicitation                         entitled "Buy American-Free Trade Agreements-Israeli                         Trade Act":                      Free Trade Agreement Country End                         Products (Other than Bahraini, Korean, Moroccan, Omani,                         Panamanian, or Peruvian End Products) or Israeli End                         Products:                      Line Item No.Country of Origin____________________________________________________________________________________________________________                      [*List as necessary*]                                         (4)                                                  *Trade Agreements                         Certificate*. (Applies only if the clause at FAR  52.225-5, Trade Agreements,                         is included in this solicitation.)                                                  (i)                                The offeror certifies                               that each end product, except those listed in                               paragraph (g)(4)(ii) of this provision, is a                               U.S.-made or designated country end product, as                               defined in the clause of this solicitation                               entitled "Trade Agreements."                                                     (ii)                                The offeror shall                               list as other end products those end products that                               are not U.S.-made or designated country end                               products.                            *Other End                               Products*:                            Line Item No.Country of                                         Origin____________________________________________________________________________________________________________                            [*List as                               necessary*]                                                     (iii)                                The Government will                               evaluate offers in accordance with the policies                               and procedures of FAR  part  25. For line                               items covered by the WTO GPA, the Government will                               evaluate offers of U.S.-made or designated country                               end products without regard to the restrictions of                               the Buy American statute. The Government will                               consider for award only offers of U.S.-made or                               designated country end products unless the                               Contracting Officer determines that there are no                               offers for such products or that the offers for                               such products are insufficient to fulfill the                               requirements of the solicitation.                                                                         (h)                                      *Certification Regarding                   Responsibility Matters (Executive Order 12689*). (Applies                   only if the contract value is expected to exceed the                   simplified acquisition threshold.) The offeror certifies, to                   the best of its knowledge and belief, that the offeror and/or                   any of its principals–                                      (1)                                                  □ Are, □ are not presently                         debarred, suspended, proposed for debarment, or declared                         ineligible for the award of contracts by any Federal                         agency;                                         (2)                                                  □ 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                         Federal, state or local government 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, tax evasion, violating Federal criminal tax                         laws, or receiving stolen property;                                         (3)                                                  □ Are, □ are not presently                         indicted for, or otherwise criminally or civilly charged                         by a Government entity with, commission of any of these                         offenses enumerated in paragraph (h)(2) of this clause;                         and                                         (4)                                                  □ Have, □ have not, within a                         three-year period preceding this offer, been notified of                         any delinquent Federal taxes in an amount that exceeds                         the threshold at  9.104-5(a)(2) for which the                         liability remains unsatisfied.                                                  (i)                                Taxes are considered                               delinquent if both of the following criteria                               apply:                                                              (A)                                                                          *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.                                                                 (B)                                                                          *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.                                                                                    (ii)                                                              *Examples*.                                                              (A)                                      The taxpayer                                     has received a statutory notice of                                     deficiency, under I.R.C. §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.                                                                 (B)                                      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. §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.                                                                 (C)                                      The taxpayer                                     has entered into an installment agreement                                     pursuant to I.R.C. §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.                                                                 (D)                                      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).                                                                                                        (i)                                      *Certification Regarding Knowledge                   of Child Labor for Listed End Products (Executive Order                   13126). [The Contracting Officer must list in paragraph (i)(1)                   any end products being acquired under this solicitation that                   are included in the List of Products Requiring Contractor                   Certification as to Forced or Indentured Child Labor, unless                   excluded at  22.1503(b).]*                                      (1)                                                  *Listed end products.*                      Listed End                                     ProductListed Countries of                                     Origin____________________________________________________________________________                                         (2)                                                  *Certification. [If the                         Contracting Officer has identified end products and                         countries of origin in paragraph (i)(1) of this                         provision, then the offeror must certify to either                         (i)(2)(i) or (i)(2)(ii) by checking the appropriate                         block.]*                                                  ☐(i)                                                              The offeror will not supply                               any end product listed in paragraph (i)(1) of this                               provision that was mined, produced, or                               manufactured in the corresponding country as                               listed for that product.                                                     ☐(ii)                                                              The offeror may supply an                               end product listed in paragraph (i)(1) of this                               provision that was mined, produced, or                               manufactured in the corresponding country as                               listed for that product. The offeror certifies                               that it has made a good faith effort to determine                               whether forced or indentured child labor was used                               to mine, produce, or manufacture any such end                               product furnished under this contract. On the                               basis of those efforts, the offeror certifies that                               it is not aware of any such use of child                               labor.                                                                         (j)                                      *Place of manufacture.* (Does not                   apply unless the solicitation is predominantly for the                   acquisition of manufactured end products.) For statistical                   purposes only, the offeror shall indicate whether the place of                   manufacture of the end products it expects to provide in                   response to this solicitation is predominantly-                                      (1)                                                  □ In the United States                         (Check this box if the total anticipated price of                         offered end products manufactured in the United States                         exceeds the total anticipated price of offered end                         products manufactured outside the United States); or                                         (2)                                                  □ Outside the United                         States.                                                (k)                                      *Certificates regarding exemptions                   from the application of the Service Contract Labor                   Standards* (Certification by the offeror as to its                   compliance with respect to the contract also constitutes its                   certification as to compliance by its subcontractor if it                   subcontracts out the exempt services.) [*The contracting officer is to check                   a box to indicate if paragraph (k)(1) or (k)(2)                   applies.*]                                      ☐(1)                            Maintenance, calibration, or                         repair of certain equipment as described in FAR                          22.1003-4(c)(1). The                         offeror □ does □ does not certify                         that–                                                  (i)                                The items of                               equipment to be serviced under this contract are                               used regularly for other than Governmental                               purposes and are sold or traded by the offeror (or                               subcontractor in the case of an exempt                               subcontract) in substantial quantities to the                               general public in the course of normal business                               operations;                                                     (ii)                                The services will be                               furnished at prices which are, or are based on,                               established catalog or market prices (see FAR  22.1003-4(c)(2)(ii))                               for the maintenance, calibration, or repair of                               such equipment; and                                                     (iii)                                The compensation                               (wage and fringe benefits) plan for all service                               employees performing work under the contract will                               be the same as that used for these employees and                               equivalent employees servicing the same equipment                               of commercial customers.                                                                  ☐(2)                            Certain services as described in                         FAR                          22.1003-4(d)(1). The                         offeror □ does □ does not certify                         that-                                                  (i)                                The services under                               the contract are offered and sold regularly to                               non-Governmental customers, and are provided by                               the offeror (or subcontractor in the case of an                               exempt subcontract) to the general public in                               substantial quantities in the course of normal                               business operations;                                                     (ii)                                The contract                               services will be furnished at prices that are, or                               are based on, established catalog or market prices                               (see FAR  22.1003-4(d)(2)(iii));                                                     (iii)                                Each service                               employee who will perform the services under the                               contract will spend only a small portion of his or                               her time (a monthly average of less than 20                               percent of the available hours on an annualized                               basis, or less than 20 percent of available hours                               during the contract period if the contract period                               is less than a month) servicing the Government                               contract; and                                                     (iv)                                The compensation                               (wage and fringe benefits) plan for all service                               employees performing work under the contract is                               the same as that used for these employees and                               equivalent employees servicing commercial                               customers.                                                                  (3)                          If paragraph (k)(1) or                         (k)(2) of this clause applies–                                                  (i)                                If the offeror does                               not certify to the conditions in paragraph (k)(1)                               or (k)(2) and the Contracting Officer did not                               attach a Service Contract Labor Standards wage                               determination to the solicitation, the offeror                               shall notify the Contracting Officer as soon as                               possible; and                                                     (ii)                                The Contracting                               Officer may not make an award to the offeror if                               the offeror fails to execute the certification in                               paragraph (k)(1) or (k)(2) of this clause or to                               contact the Contracting Officer as required in                               paragraph (k)(3)(i) of this clause.                                                                         (l)                                      *Taxpayer Identification Number                   (TIN) (*                     26 U.S.C. 6109,   31 U.S.C. 7701). (Not applicable                   if the offeror is required to provide this information to the                   SAM to be eligible for award.)                                      (1)                          All offerors must submit                         the information required in paragraphs (l)(3) through                         (l)(5) of this provision to comply with debt collection                         requirements of   31 U.S.C. 7701(c) and                         3325(d), reporting requirements of   26 U.S.C. 6041, 6041A, and                         6050M, and implementing regulations issued by the                         Internal Revenue Service (IRS).                                         (2)                          The TIN may be used by the                         Government to collect and report on any delinquent                         amounts arising out of the offeror’s relationship with                         the Government (  31 U.S.C. 7701(c)(3)). If                         the resulting contract is subject to the payment                         reporting requirements described in FAR  4.904, the TIN provided                         hereunder may be matched with IRS records to verify the                         accuracy of the offeror’s TIN.                                         (3)                                                  *Taxpayer Identification                         Number (TIN)*.                                                  ☐TIN:                               ________________________________.                                                     ☐TIN has been applied for.                                                     ☐TIN is not required because:                                                     ☐Offeror is a nonresident alien,                               foreign corporation, or foreign partnership that                               does not have income effectively connected with                               the conduct of a trade or business in the United                               States and does not have an office or place of                               business or a fiscal paying agent in the United                               States;                                                     ☐Offeror is an agency or                               instrumentality of a foreign government;                                                     ☐Offeror is an agency or                               instrumentality of the Federal Government.                                                                  (4)                                                  *Type of organization*.                                                  ☐Sole proprietorship;                                                     ☐Partnership;                                                     ☐Corporate entity (not                               tax-exempt);                                                     ☐Corporate entity (tax-exempt);                                                     ☐Government entity (Federal, State,                               or local);                                                     ☐Foreign government;                                                     ☐International organization per 26                               CFR1.6049-4;                                                     ☐Other                               ________________________________.                                                                  (5)                                                  *Common parent*.                                                  ☐Offeror is not owned or controlled                               by a common parent;                                                     ☐Name and TIN of common parent:                                                            Name ________________________________.                TIN _________________________________.                             (m)                                      *Restricted business operations in                   Sudan*. By submission of its offer, the offeror certifies                   that the offeror does not conduct any restricted business                   operations in Sudan.                             (n)                    Prohibition on Contracting with                   Inverted Domestic Corporations.                                      (1)                          Government agencies are not                         permitted to use appropriated (or otherwise made                         available) funds for contracts with either an inverted                         domestic corporation, or a subsidiary of an inverted                         domestic corporation, unless the exception at  9.108-2(b) applies or the                         requirement is waived in accordance with the procedures                         at  9.108-4.                                         (2)                                                  *Representation*. The                         Offeror represents that–                                                  (i)                                It □ is, □ is not an inverted                               domestic corporation; and                                                     (ii)                                It □ is, □ is not a subsidiary                               of an inverted domestic corporation.                                                                         (o)                    Prohibition on contracting with                   entities engaging in certain activities or transactions                   relating to Iran.                                      (1)                          The offeror shall e-mail                         questions concerning sensitive technology to the                         Department of State at   CISADA106@state.gov.                                         (2)                                                  *Representation and                         Certifications*. Unless a waiver is granted or an                         exception applies as provided in paragraph (o)(3) of                         this provision, by submission of its offer, the                         offeror-                                                  (i)                                Represents, to the                               best of its knowledge and belief, that the offeror                               does not export any sensitive technology to the                               government of Iran or any entities or individuals                               owned or controlled by, or acting on behalf or at                               the direction of, the government of Iran;                                                     (ii)                                Certifies that the                               offeror, or any person owned or controlled by the                               offeror, does not engage in any activities for                               which sanctions may be imposed under section 5 of                               the Iran Sanctions Act; and                                                     (iii)                                Certifies that the                               offeror, and any person owned or controlled by the                               offeror, does not knowingly engage in any                               transaction that exceeds the threshold at FAR  25.703-2(a)(2) with                               Iran’s Revolutionary Guard Corps or any of its                               officials, agents, or affiliates, the property and                               interests in property of which are blocked                               pursuant to the International Emergency Economic                               Powers Act (et seq.) (see OFAC’s Specially                               Designated Nationals and Blocked Persons List at   https://www.treasury.gov/resource-center/sanctions/SDN-List/Pages/default.aspx).                                                                  (3)                          The representation and                         certification requirements of paragraph (o)(2) of this                         provision do not apply if-                                                  (i)                                This solicitation                               includes a trade agreements certification (*e.g.*,  52.212-3(g) or a                               comparable agency provision); and                                                     (ii)                                The offeror has                               certified that all the offered products to be                               supplied are designated country end products.                                                                         (p)                                      *Ownership or Control of                   Offeror*. (Applies in all solicitations when there is a                   requirement to be registered in SAM or a requirement to have a                   unique entity identifier in the solicitation).                                      (1)                          The Offeror represents that                         it □ has or □ does not have an                         immediate owner. If the Offeror has more than one                         immediate owner (such as a joint venture), then the                         Offeror shall respond to paragraph (2) and if                         applicable, paragraph (3) of this provision for each                         participant in the joint venture.                                         (2)                          If the Offeror indicates                         "has" in paragraph (p)(1) of this provision, enter the                         following information:                      Immediate owner CAGE code:                         ____________________.                      Immediate owner legal name:                         _____________________.                      (Do not use a "doing business as"                         name)                      Is the immediate owner owned or                         controlled by another entity: □ Yes or □ No.                                         (3)                          If the Offeror indicates                         "yes" in paragraph (p)(2) of this provision, indicating                         that the immediate owner is owned or controlled by                         another entity, then enter the following                         information:                      Highest-level owner CAGE code:                         __________________.                      Highest-level owner legal name:                         ___________________.                      (*Do not use a "doing business                         as" name*)                                                (q)                                      *Representation by Corporations                   Regarding Delinquent Tax Liability or a Felony Conviction                   under any Federal Law.*                                      (1)                          As required by sections 744                         and 745 of Division E of the Consolidated and Further                         Continuing Appropriations Act, 2015 (Pub. L. 113-235),                         and similar provisions, if contained in subsequent                         appropriations acts, The Government will not enter into                         a contract with any corporation that–                                                  (i)                                Has any unpaid                               Federal tax liability that has been assessed, for                               which all judicial and administrative remedies                               have been exhausted or have lapsed, and that is                               not being paid in a timely manner pursuant to an                               agreement with the authority responsible for                               collecting the tax liability, where the awarding                               agency is aware of the unpaid tax liability,                               unless an agency has considered suspension or                               debarment of the corporation and made a                               determination that suspension or debarment is not                               necessary to protect the interests of the                               Government; or                                                     (ii)                                Was convicted of a                               felony criminal violation under any Federal law                               within the preceding 24 months, where the awarding                               agency is aware of the conviction, unless an                               agency has considered suspension or debarment of                               the corporation and made a determination that this                               action is not necessary to protect the interests                               of the Government.                                                                  (2)                          The Offeror represents                         that–                                                  (i)                                It is □ is not □ a corporation that                               has any unpaid Federal tax liability that has been                               assessed, for which all judicial and                               administrative remedies have been exhausted or                               have lapsed, and that is not being paid in a                               timely manner pursuant to an agreement with the                               authority responsible for collecting the tax                               liability; and                                                     (ii)                                It is □ is not □ a corporation that                               was convicted of a felony criminal violation under                               a Federal law within the preceding 24 months.                                                                         (r)                                      *Predecessor of Offeror.*                   (Applies in all solicitations that include the provision at  52.204-16, Commercial and                   Government Entity Code Reporting.)                                      (1)                          The Offeror represents that                         it □ is or □ is not a successor to a                         predecessor that held a Federal contract or grant within                         the last three years.                                         (2)                          If the Offeror has                         indicated "is" in paragraph (r)(1) of this provision,                         enter the following information for all predecessors                         that held a Federal contract or grant within the last                         three years (if more than one predecessor, list in                         reverse chronological order):                                                  Predecessor CAGE code: (or mark                               "Unknown").                            Predecessor legal name:____.                            (*Do not use a "doing                               business as" name*).                                                                         (s)                    [Reserved].                             (t)                                      *Public Disclosure of Greenhouse Gas                   Emissions and Reduction Goals*. Applies in all                   solicitations that require offerors to register in SAM ( 12.301(d)(1)).                                      (1)                          This representation shall                         be completed if the Offeror received $7.5 million or                         more in contract awards in the prior Federal fiscal                         year. The representation is optional if the Offeror                         received less than $7.5 million in Federal contract                         awards in the prior Federal fiscal year.                                         (2)                          Representation. [Offeror to                         check applicable block(s) in paragraph (t)(2)(i) and                         (ii)].                                                  (i)                                The Offeror (itself                               or through its immediate owner or highest-level                               owner) □ does, □ does not publicly                               disclose greenhouse gas emissions, i.e., makes                               available on a publicly accessible website the                               results of a greenhouse gas inventory, performed                               in accordance with an accounting standard with                               publicly available and consistently applied                               criteria, such as the Greenhouse Gas Protocol                               Corporate Standard.                                                     (ii)                                The Offeror (itself                               or through its immediate owner or highest-level                               owner) □ does, □ does not publicly                               disclose a quantitative greenhouse gas emissions                               reduction goal, i.e., make available on a publicly                               accessible website a target to reduce absolute                               emissions or emissions intensity by a specific                               quantity or percentage.                                                     (iii)                                A publicly                               accessible website includes the Offeror's own                               website or a recognized, third-party greenhouse                               gas emissions reporting program.                                                                  (3)                          If the Offeror checked                         "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this                         provision, respectively, the Offeror shall provide the                         publicly accessible website(s) where greenhouse gas                         emissions and/or reduction goals are reported:____________.                                                (u)                                      (1)                          In accordance with section                         743 of Division E, Title VII, of the Consolidated and                         Further Continuing Appropriations Act, 2015 (Pub. L.                         113-235) and its successor provisions in subsequent                         appropriations acts (and as extended in continuing                         resolutions), Government agencies are not permitted to                         use appropriated (or otherwise made available) funds for                         contracts with an entity that requires employees or                         subcontractors of such entity seeking to report waste,                         fraud, or abuse to sign internal confidentiality                         agreements or statements prohibiting or otherwise                         restricting such employees or subcontractors from                         lawfully reporting such waste, fraud, or abuse to a                         designated investigative or law enforcement                         representative of a Federal department or agency                         authorized to receive such information.                                         (2)                          The prohibition in                         paragraph (u)(1) of this provision does not contravene                         requirements applicable to Standard Form 312 (Classified                         Information Nondisclosure Agreement), Form 4414                         (Sensitive Compartmented Information Nondisclosure                         Agreement), or any other form issued by a Federal                         department or agency governing the nondisclosure of                         classified information.                                         (3)                                                  *Representation*. By                         submission of its offer, the Offeror represents that it                         will not require its employees or subcontractors to sign                         or comply with internal confidentiality agreements or                         statements prohibiting or otherwise restricting such                         employees or subcontractors from lawfully reporting                         waste, fraud, or abuse related to the performance of a                         Government contract to a designated investigative or law                         enforcement representative of a Federal department or                         agency authorized to receive such information (*e.g.*, agency Office of                         the Inspector General).                                                (v)                                      *Covered Telecommunications                   Equipment or Services-Representation.* Section 889(a)(1)(A)                   and section 889 (a)(1)(B) of Public Law 115-232.                                      (1)                          The Offeror shall review                         the list of excluded parties in the System for Award                         Management (SAM) (  https://www.sam.gov) for                         entities excluded from receiving federal awards for                         "covered telecommunications equipment or services".                                         (2)                          The Offeror represents                         that–                                                  (i)                                It □ does, □ does not provide                               covered telecommunications equipment or services                               as a part of its offered products or services to                               the Government in the performance of any contract,                               subcontract, or other contractual instrument.                                                     (ii)                                After conducting a                               reasonable inquiry for purposes of this                               representation, that it □ does, □ does not use                               covered telecommunications equipment or services,                               or any equipment, system, or service that uses                               covered telecommunications equipment or                               services.                                                         (End of Provision)*Alternate I*                   (Feb 2024). As prescribed in 12.301(b)(2), add the                following paragraph (c)(12) to the basic                provision:             (12)                (Complete if the offeror has represented itself as disadvantaged                in paragraph (c)(5) of this                provision.)             □ Black American.             □ Hispanic American.             □ Native American (American Indians,                Eskimos, Aleuts, or Native Hawaiians).             □ Asian-Pacific American (persons                with origins from Burma, Thailand, Malaysia, Indonesia,                Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia                (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau,                Republic of the Marshall Islands, Federated States of Micronesia,                the Commonwealth of the Northern Mariana Islands, Guam, Samoa,                Macao, Hong Kong, Fiji, Tonga, Kiribati, Tuvalu, or Nauru).             □ Subcontinent Asian (Asian-Indian)                American (persons with origins from India, Pakistan, Bangladesh,                Sri Lanka, Bhutan, the Maldives Islands, or Nepal).             □ Individual/concern, other than one                of the preceding.**Parent topic:**  52.212 [Reserved]
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 CAAC Letter
      
            CAAC Letter 2023-02
      
      2023-02
      
            Dec 15, 2022
      
            CAAC Consultation to Issue a Class Deviation From the Federal Acquisition Regulation (FAR) Regarding the Threshold for Small Disadvantaged Business (SDB)
      

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