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 servicedisabled 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 Origin Exceeds 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 AgreementsIsraeli 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 Origin Exceeds 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 Product Listed 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]