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                            52.204-8 Annual Representations and Certifications.
        
                  FAR
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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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52.204-8 Annual Representations and Certifications.52.204-8 Annual Representations and          Certifications.       As prescribed in 4.1202(a), insert the following             provision:          Annual             Representations and Certifications (Feb             2024)                                       (a)                                                         (1) The North American Industry                         Classification System (NAICS) code for this acquisition is__________________ [insert NAICS                         code].                                                            (2) The small business size                         standard is _____________ [insert size                         standard].                                                            (3) The small business size                         standard for a concern that submits an offer, other than                         on a construction or service acquisition, but proposes                         to furnish an end item that it did not itself                         manufacture, process, or produce is 500 employees, or                         150 employees for information technology value-added                         resellers under NAICS code 541519 if the                         acquisition—                                                                           (i) Is set aside for small                               business and has a value above the simplified                               acquisition threshold;                                                                              (ii) Uses the HUBZone                               price evaluation preference regardless of dollar                               value, unless the offeror waives the price                               evaluation preference; or                                                                              (iii) Is an 8(a), HUBZone,                               service-disabled veteran-owned, economically                               disadvantaged women-owned, or women-owned small                               business set-aside or sole-source award regardless                               of dollar value.                                                                                                                            (b)                                                         (1) If the provision at  52.204-7, System for Award                         Management, is included in this solicitation, paragraph                         (d) of this provision applies.                                                            (2) If the provision at  52.204-7, System for Award                         Management, is not included in this solicitation, and                         the Offeror has an active registration in the System for                         Award Management (SAM), the Offeror may choose to use                         paragraph (d) of this provision instead of completing                         the corresponding individual representations and                         certifications in the solicitation. The Offeror shall                         indicate which option applies by checking one of the                         following boxes:                                                                           (i)                               □ Paragraph (d)                               applies.                                                                              (ii)                               □ Paragraph (d) does                               not apply and the offeror has completed the                               individual representations and certifications in                               the solicitation.                                                                                                                            (c)                                                         (1) The following                         representations or certifications in SAM are applicable                         to this solicitation as indicated:                                                                           (i)                                52.203-2, Certificate                               of Independent Price Determination. This provision                               applies to solicitations when a firm-fixed-price                               contract or fixed-price contract with economic                               price adjustment is contemplated, unless–                                                                                             (A) The acquisition                                     is to be made under the simplified                                     acquisition procedures in  part  13;                                                                                                (B) The solicitation                                     is a request for technical proposals under                                     two-step sealed bidding procedures; or                                                                                                (C) The solicitation                                     is for utility services for which rates are                                     set by law or regulation.                                                                                                                                         (ii)                                52.203-11,                               Certification and Disclosure Regarding Payments to                               Influence Certain Federal Transactions. This                               provision applies to solicitations expected to                               exceed $150,000.                                                                              (iii)                                52.203-18,                               Prohibition on Contracting with Entities that                               Require Certain Internal Confidentiality                               Agreements or Statements-Representation. This                               provision applies to all solicitations.                                                                              (iv)                                52.204-3, Taxpayer                               Identification. This provision applies to                               solicitations that do not include the provision at  52.204-7, System for                               Award Management.                                                                              (v)                                52.204-5, Women-Owned                               Business (Other Than Small Business). This                               provision applies to solicitations that-                                                                                             (A) Are not set                                     aside for small business concerns;                                                                                                (B) Exceed the                                     simplified acquisition threshold; and                                                                                                (C) Are for                                     contracts that will be performed in the                                     United States or its outlying areas.                                                                                                                                         (vi)                                52.204-26, Covered                               Telecommunications Equipment or                               Services-Representation. This provision applies to                               all solicitations.                                                                              (vii)                                52.209-2, Prohibition                               on Contracting with Inverted Domestic                               Corporations-Representation.                                                                              (viii)                                52.209-5,                               CertificationRegarding Responsibility Matters.                               This provision applies to solicitations where the                               contract value is expected to exceed the                               simplified acquisition threshold.                                                                              (ix)                                52.209-11,                               Representation by Corporations Regarding                               Delinquent Tax Liability or a Felony Conviction                               under any Federal Law. This provision applies to                               all solicitations.                                                                              (x)                                52.214-14, Place of                               Performance-Sealed Bidding. This provision applies                               to invitations for bids except those in which the                               place of performance is specified by the                               Government.                                                                              (xi)                                52.215-6, Place of                               Performance. This provision applies to                               solicitations unless the place of performance is                               specified by the Government.                                                                              (xii)                                52.219-1, Small                               Business Program Representations (Basic,                               Alternates I, and II). This provision applies to                               solicitations when the 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).                                                                                             (A) The basic                                     provision applies when the solicitations are                                     issued by other than DoD, NASA, and the                                     Coast Guard.                                                                                                (B) The provision                                     with its Alternate I applies to                                     solicitations issued by DoD, NASA, or the                                     Coast Guard.                                                                                                (C) The provision                                     with its Alternate II applies to                                     solicitations that will result in a                                     multiple-award contract with more than one                                     NAICS code assigned.                                                                                                                                         (xiii)                                52.219-2, Equal Low                               Bids. This provision applies to solicitations when                               contracting by sealed bidding and the 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).                                                                              (xiv)                                52.222-22, Previous                               Contracts and Compliance Reports. This provision                               applies to solicitations that include the clause                               at  52.222-26, Equal                               Opportunity.                                                                              (xv)                                52.222-25,                               Affirmative Action Compliance. This provision                               applies to solicitations, other than those for                               construction, when the solicitation includes the                               clause at  52.222-26, Equal                               Opportunity.                                                                              (xvi)                                52.222-38, Compliance                               with Veterans’ Employment Reporting Requirements.                               This provision applies to solicitations when it is                               anticipated the contract award will exceed the                               simplified acquisition threshold and the contract                               is not for acquisition of commercial products or                               commercial services.                                                                              (xvii)                                52.223-1, Biobased                               Product Certification. This provision applies to                               solicitations that require the delivery or specify                               the use of USDA–designated items; or include the                               clause at  52.223-2, Affirmative                               Procurement of Biobased Products Under Service and                               Construction Contracts.                                                                              (xviii)                                52.223-4, Recovered                               Material Certification. This provision applies to                               solicitations that are for, or specify the use of,                               EPA–designated items.                                                                              (xix)                                52.223-22, Public                               Disclosure of Greenhouse Gas Emissions and                               Reduction Goals-Representation. This provision                               applies to solicitations that include the clause                               at  52.204-7.)                                                                              (xx)                                52.225-2, Buy                               American Certificate. This provision applies to                               solicitations containing the clause at  52.225-1.                                                                              (xxi)                                52.225-4, Buy                               American-Free Trade Agreements-Israeli Trade Act                               Certificate. (Basic, Alternates II and III.) This                               provision applies to solicitations containing the                               clause at  52.225-3.                                                                                             (A) If the                                     acquisition value is less than $50,000, the                                     basic provision applies.                                                                                                (B) If the                                     acquisition value is $50,000 or more but is                                     less than $100,000,                                     the provision with its Alternate II applies.                                                                                                (C) If the                                     acquisition value is $100,000                                     or more but is less than $102,280,                                     the provision with its Alternate III                                     applies.                                                                                                                                         (xxii)                                52.225-6, Trade                               Agreements Certificate. This provision applies to                               solicitations containing the clause at  52.225-5.                                                                              (xxiii)                                52.225-20,                               Prohibition on Conducting Restricted Business                               Operations in Sudan-Certification. This provision                               applies to all solicitations.                                                                              (xxiv)                                52.225-25,                               Prohibition on Contracting with Entities Engaging                               in Certain Activities or Transactions Relating to                               Iran-Representation and Certifications. This                               provision applies to all solicitations.                                                                              (xxv)                                52.226-2,                               Historically Black College or University and                               Minority Institution Representation. This                               provision applies to solicitations for research,                               studies, supplies, or services of the type                               normally acquired from higher educational                               institutions.                                                                                                           (2) The following                         representations or certifications are applicable as                         indicated by the Contracting Officer:                      [*Contracting Officer check as                         appropriate.*]                                                                           __                               (i)                                52.204-17, Ownership                               or Control of Offeror.                                                                              __                               (ii)                                52.204-20,                               Predecessor of Offeror.                                                                              __                               (iii)                                52.222-18,                               Certification Regarding Knowledge of Child Labor                               for Listed End Products.                                                                              __                               (iv)                                52.222-48, Exemption                               from Application of the Service Contract Labor                               Standards to Contracts for Maintenance,                               Calibration, or Repair of Certain Equipment-                               Certification.                                                                              __                               (v)                                52.222-52, Exemption                               from Application of the Service Contract Labor                               Standards to Contracts for Certain                               Services-Certification.                                                                              __                               (vi)                                52.223-9, with its                               Alternate I, Estimate of Percentage of Recovered                               Material Content for EPA–Designated Products                               (Alternate I only).                                                                              __                               (vii)                                52.227-6, Royalty                               Information.                                                                                             __                                     (A) Basic.                                                                                                __                                     (B) Alternate I.                                                                                                                                         __                               (viii)                                52.227-15,                               Representation of Limited Rights Data and                               Restricted Computer Software.                                                                                                                            (d) The offeror has completed the                   annual representations and certifications electronically in                   SAM website accessed through   https://www.sam.gov. After                   reviewing the SAM information, the offeror verifies by                   submission of the offer that the representations and                   certifications currently posted electronically that apply to                   this solicitation as indicated in paragraph (c) of this                   provision have been entered or updated within the last 12                   months, are current, accurate, complete, and applicable to                   this solicitation (including the business size standard                   applicable to the NAICS code referenced for this                   solicitation), as of the date of this offer and are                   incorporated in this offer by reference (see FAR  4.1201); except for the changes                   identified below [*offeror to insert changes,                   identifying change by clause number, title, date*]. 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.                FAR Clause # Title Date                                  Change________________________                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 on                   SAM.                                                 (End of provision)                    *Alternate I*                (Mar 2023). As prescribed in 4.1202(a), substitute the                following paragraph (a) for paragraph (a) of the basic                provision:                          (a)(1) The North American Industry                Classification System (NAICS) codes and corresponding size                standards for this acquisition are as follows; the categories or                portions these NAICS codes are assigned to are specified                elsewhere in the solicitation:             **NAICS Code**                         **Size standard**________________________________                         ________________________________________________________________                         ________________________________________________________________                         ________________________________             [*Contracting Officer to insert NAICS                codes and size standards*].                          (2) The small business size standard for a                concern that submits an offer, other than on a construction or                service acquisition, but proposes to furnish an end item that it                did not itself manufacture, process, or produce, (i.e.,                nonmanufacturer), is 500 employees, or 150 employees for                information technology value-added resellers under NAICS code                541519, if the acquisition—             (i) Is set aside for small business and has a                value above the simplified acquisition threshold;             (ii) Uses the HUBZone price evaluation                preference regardless of dollar value, unless the offeror waives                the price evaluation preference; or             (iii) Is an 8(a), HUBZone, service-disabled                veteran-owned, economically disadvantaged women-owned, or                women-owned small business set-aside or sole-source award                regardless of dollar value.    **Parent topic:**  52.204 [Reserved]
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