52.209-13 Violation of Arms Control Treaties

or Agreements-Certification.

As prescribed in 9.109-5 , insert the following provision:

Violation of Arms Control Treaties or Agreements-Certification (Nov 2021)

(a) This provision does not apply to acquisitions at or below the simplified acquisition threshold or to

acquisitions of commercial products and commercial services as defined in Federal Acquisition

Regulation 2.101.

(b) Certification. [Offeror shall check either (1) or (2).]

__ (1) The Offeror certifies that–

(i) It does not engage and has not engaged in any activity that contributed to or was a significant

factor in the President's or Secretary of State's determination that a foreign country is in violation of

its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to

which the United States is a party, or is not adhering to its arms control, nonproliferation, or

disarmament commitments in which the United States is a participating state. The determinations

are described in the most recent unclassified annual report provided to Congress pursuant to section

403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The report is available at

https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-aff

airs/bureau-of-arms-control-verification-and-compliance/; and

(ii) No entity owned or controlled by the Offeror has engaged in any activity that contributed to or

was a significant factor in the President's or Secretary of State's determination that a foreign

country is in violation of its obligations undertaken in any arms control, nonproliferation, or

disarmament agreement to which the United States is a party, or is not adhering to its arms control,

nonproliferation, or disarmament commitments in which the United States is a participating state.

The determinations are described in the most recent unclassified annual report provided to

Congress pursuant to section 403 of the Arms Control and Disarmament Act (22 U.S.C. 2593a). The

report is available at

https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-aff

airs/bureau-of-arms-control-verification-and-compliance/; or

__ (2) The Offeror is providing separate information with its offer in accordance with paragraph

(d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision).

For clarity, references to the report in this section refer to the entirety of the annual unclassified

report, including any separate reports that are incorporated by reference into the annual

unclassified report.

(1) Check the table of contents of the annual unclassified report and the country section headings of

the reports incorporated by reference to identify the foreign countries listed there. Determine

whether the Offeror or any person owned or controlled by the Offeror may have engaged in any

activity related to one or more of such foreign countries.
(2) If there may have been such activity, review all findings in the report associated with those

foreign countries to determine whether or not each such foreign country was determined to be in

violation of its obligations undertaken in an arms control, nonproliferation, or disarmament

agreement to which the United States is a party, or to be not adhering to its arms control,

nonproliferation, or disarmament commitments in which the United States is a participating state.

For clarity, in the annual report an explicit certification of non-compliance is equivalent to a

determination of violation. However, the following statements in the annual report are not

equivalent to a determination of violation:

(i) An inability to certify compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has

engaged in any activity that contributed to or is a significant factor in the determination in the

report that one or more of these foreign countries is in violation of its obligations undertaken in an

arms control, nonproliferation, or disarmament agreement to which the United States is a party, or

is not adhering to its arms control, nonproliferation, or disarmament commitments in which the

United States is a participating state. Review the narrative for any such findings reflecting a

determination of violation or non-adherence related to those foreign countries in the report,

including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or

adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve

compliance or adherence concerns.

(4) The Offeror may submit any questions with regard to this report by email to

NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such

email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A certification is provided in paragraph (b)(1) of this provision and submitted with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer

information that the President of the United States has

(i) Waived application under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the entity has ceased all activities for which

measures were imposed under 22 U.S.C. 2593e(b).

(e) Remedies. The certification in paragraph (b)(1) of this provision is a material representation of

fact upon which reliance was placed when making award. If it is later determined that the Offeror

knowingly submitted a false certification, in addition to other remedies available to the Government,

such as suspension or debarment, the Contracting Officer may terminate any contract resulting from

the false certification.

(End of provision)

Parent topic: 52.209 [Reserved]