19GE5026Q0099-Attachment 3_Section K.pdf

Electrical Upgrades, Renovations and Solicitation no.19GE5026Q0099

Repairs at Ethiopian Public Health Institute ATTACHMENT 3

(EPHI) Compound, Addis Ababa, Ethiopia

SBU - CONTRACTING AND ACQUISITIONS

SECTION K – REPRESENTATIONS, CERTIFICATIONS, AND OTHER

STATEMENTS OF QUOTERS OR RESPONDENTS

The following solicitation provisions are incorporated by reference:

Provision Title and Date

FAR 52.203-11 Certification and Disclosure Regarding Payments to

Influence Certain Federal Transactions (Sep 2024)

FAR 52.203-18 Prohibition on Contracting with Entities that Require

Certain Internal Confidentiality Agreements or Statements-

Representation (Jan 2017)

FAR 52.240-90 Security Prohibitions and Exclusions Representations and

Certifications (Jan 2026)

The following solicitation provisions are provided in full text:

K.1 FAR 52.204-90 Offeror Identification (DEVIATION) (JAN 2026)

If the Offeror will not have an active Federal Government contracts registration in the System for Award Management (https://www.sam.gov) when submitting its offer, it shall complete paragraphs (c) and (d) of this provision and include its responses with its offer.

(a) Definitions. As used in this provision—

Commercial and Government Entity (CAGE) code has the meaning provided in the clause at FAR 52.204-91, Contractor Identification, of this solicitation.

Common parent means that corporate entity that owns or controls an affiliated group of corporations that files its Federal income tax returns on a consolidated basis, and of which the offeror is a member.

Electronic Funds Transfer (EFT) indicator means a bank account identifier to establish additional System for Award Management records for identifying alternative EFT accounts (see part 32) for the same entity.

https://www.sam.gov/

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. There may be more than one immediate owner (e.g., joint ventures).

Predecessor means an entity whose assets were acquired by the offeror or another entity (most often through merger or acquisition) and whose affairs are now carried out by the offeror or the other entity under a new name.

Taxpayer Identification Number means the number required by the Internal

Revenue Service (IRS) to be used by the offeror to report income tax and other returns. It may be either a Social Security Number or an Employer Identification

Number.

Unique entity identifier (UEI) has the meaning provided in the clause at FAR

52.204-91, Contractor Identification, of this solicitation.

(b) Unique entity identifier (UEI).

(1) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the UEI that identifies the Offeror's name and address exactly as stated in the offer. The

Offeror shall also enter its EFT indicator, if applicable.

(2) If the Offeror does not have a UEI, it shall go to https://www.sam.gov to obtain one. The Government will independently validate the existence and uniqueness of the Offeror before assigning a UEI.

(c) Taxpayer identification. The Offeror shall provide with its offer the following information that is necessary to comply with debt collection requirements of 31 https://www.sam.gov/

U.S.C. 7701(c) and 3325(d); reporting requirements of 26 U.S.C. 6041, 6041A, and 6050M; and the implementing IRS regulations:

(1) Taxpayer identification number (TIN)

□ TIN: ______________;

□ TIN has been applied for; or

□ 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; or

□ Offeror is an agency or instrumentality of the Federal Government.

(2) 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 CFR 1.6049-4; or

□ Other.

(3) Common parent.

□ Offeror is not owned or controlled by a common parent as defined in paragraph

(a) of this provision; or

□ Name and TIN of common parent:

Name: ______________

TIN: ______________

(4) The TIN provided in paragraph (c)(1) of this provision may be matched with

IRS records to verify the accuracy of the Offeror's TIN. The Government may use the TIN 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)).

(d) Commercial and Government Entity (CAGE) code.

(1) The Offeror shall provide its CAGE code with its offer with its name and location address or otherwise include it prominently in its offer. The CAGE code shall be for that name and location address. Insert the word “CAGE” before the code. The Offeror may obtain a CAGE code as indicated in the following table.

If the Offeror is… Then…

Located in the

United States or its outlying areas

Submit a request to the DLA CAGE Branch via https://cage.dla.mil

Located outside the United States and its outlying areas and its country is a member of the

North Atlantic

Treaty

Organization

Contact the appropriate National Codification Bureau

(https://www.nato.int/structur/ac/135/about/contacts) https://cage.dla.mil/ https://www.nato.int/structur/ac/135/about/contacts

(NATO) or a sponsored nation

Located outside the United States and its outlying areas and its country is not a member of

NATO or a sponsored nation

Contact the NATO Support and Procurement Agency (NSPA)

(https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx)

(2) The Offeror shall provide the CAGE code and legal business name (Do not use a “doing business as” name) for—

(i) Its immediate owner(s), if any;

(ii) Its highest-level owner, if any; and

(iii) Any predecessor(s), or predecessor of an Offeror’s predecessor, that held a

Federal contract or grant within the last three years.

Owner Type CAGE Code Legal Business Name

Immediate owner https://eportal.nspa.nato.int/AC135Public/scage/CageList.aspx

Highest-level owner

Predecessor*

* Predecessor CAGE code may be marked “Unknown.”

(3) If the Offeror has more than one immediate owner (such as a joint venture), give the information for each owner (or joint venture participant). If the Offeror has more than one predecessor, provide information for each predecessor in reverse chronological order.

(End of provision)

K.2 FAR 52.209-2 PROHIBITION ON CONTRACTING WITH

INVERTED DOMESTIC CORPORATIONS-REPRESENTATION

(DEVIATION) (JAN 2026)

(a) Definitions. As used in this clause—

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).

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.

(b) 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 9.108-3(b) applies or the requirement is waived in accordance with the procedures at 9.108-5.

(c) Representation. The offeror represents that-

(1) It [ ] is, [ ] is not an inverted domestic corporation; and

(2) It [ ] is, [ ] is not a subsidiary of an inverted domestic corporation.

K.3 FAR 52.209-5 CERTIFICATION REGARDING RESPONSIBILITY

MATTERS (DEVIATION) (JAN 2026)

(a)(1) The offeror certifies, to the best of its knowledge and belief, that—

(i) The offeror and/or any of its Principals—

(A) Are [ ], are not [ ] presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

(B) 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 public (Federal, State, or local) 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 (if offeror checks "have", the offeror shall also see

52.209-7, if included in this solicitation);

(C) Are [ ], are not [ ] presently indicted for, or otherwise criminally or civilly charged by a governmental entity with, commission of any of the offenses enumerated in paragraph (a)(1)(i)(B) of this provision; and

(D) 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. Federal taxes are considered delinquent if both of the following criteria apply:

(1) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if a pending administrative or judicial challenge remains. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted.

(2) 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) The offeror has [ ], has not [ ], within a 3-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

(2) “Principal,” for the purposes of this certification, means an officer, director, owner, partner, or a person having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager;

head of a division or business segment; and similar positions).

(b) The offeror shall provide immediate written notice to the Contracting Officer if, at any time prior to contract award, the offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

(c) A certification that any of the items in paragraph (a) of this provision exists will not necessarily result in withholding of an award under this solicitation. However, the Government will consider the certification in connection with a determination of the offeror’s responsibility. Failure of the offeror to furnish a certification or provide such additional information as requested by the Contracting Officer may render the offeror non responsible.

(d) This provision does not require establishment of a system of records in order to render, in good faith, the certification required by paragraph (a). The knowledge and information of an offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

(e) The certification in paragraph (a) of this provision is a material representation of fact upon which reliance was placed when making award. If the Government later determines that the offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Contracting Officer may terminate the contract resulting from this solicitation for default.

K.4 FAR 52.209-11 REPRESENTATION BY CORPORATIONS

REGARDING DELINQUENT TAX LIABILITY OR A FELONY

CONVICTION UNDER ANY FEDERAL LAW (DEVIATION) (JAN 2026)

a) The Government will not enter into a contract with any corporation that—

(1) 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

(2) 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.

(b) The offeror represents that–

(1) 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

(2) It is [ ], is not [ ], a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months.

K.5 FAR 52.229-11 TAX ON CERTAIN FOREIGN PROCUREMENTS -

NOTICE AND REPRESENTATION (DEVIATION) (JAN 2026)

(a) Definitions. As used in this provision—

Foreign person means any person other than a United States person.

Specified Federal procurement payment means any payment made pursuant to a contract with a foreign contracting party that is for goods, manufactured or produced, or services provided in a foreign country that is not a party to an international procurement agreement with the United States. For purposes of the prior sentence, a foreign country does not include an outlying area of the United

States.

United States person as defined in 26 U.S.C. 7701(a)(30) means

(1) A citizen or resident of the United States;

(2) A domestic partnership;

(3) A domestic corporation;

(4) Any estate (other than a foreign estate, within the meaning of 26 U.S.C.

701(a)(31)); and

(5) Any trust if–

(i) A court within the United States is able to exercise primary supervision over the administration of the trust; and

(ii) One or more United States persons have the authority to control all substantial decisions of the trust.

(b) Unless exempted, there is a 2 percent tax of the amount of a specified Federal procurement payment on any foreign person receiving such payment. See 26

U.S.C. 5000C and its implementing regulations at 26 CFR 1.5000C-1 through

1.5000C-7.

(c) Exemptions from withholding under this provision are described at 26 CFR

1.5000C-1(d)(5) through (7). The offeror may claim an exemption from the withholding by using the Department of the Treasury Internal Revenue Service

(IRS) Form W-14, Certificate of Foreign Contracting Party Receiving Federal

Procurement Payments, available at www.irs.gov/w14. Any exemption claimed and self-certified on the IRS Form W-14 is subject to audit by the IRS. Any disputes regarding the imposition and collection of the 26 U.S.C. 5000C tax are adjudicated by the IRS as the 26 U.S.C. 5000C tax is a tax matter, not a contract issue. The IRS

Form W-14 is provided to the acquiring agency rather than to the IRS.

(d) For purposes of withholding under 26 U.S.C. 5000C, the offeror represents that

(1) It [ ] is [ ] is not a foreign person; and

(2) If the offeror indicates "is" in paragraph (d)(1) of this provision, then the offeror represents that—I am claiming on the IRS Form W-14 [ ] a full exemption, or [ ] partial or no exemption [offeror must select one] from the excise tax.

(e) If the offeror represents it is a foreign person in paragraph (d)(1) of this provision, then—

(1) The clause at FAR 52.229-12, Tax on Certain Foreign Procurements, will be included in any resulting contract; and

(2) The offeror shall submit with its offer the IRS Form W-14. If the IRS Form W-

14 is not submitted with the offer, exemptions will not be applied to any resulting contract and the Government will withhold a full 2 percent of each payment.

(f) If the offeror selects "is" in paragraph (d)(1) and "partial or no exemption" in paragraph (d)(2) of this provision, the offeror will be subject to withholding in accordance with the clause at FAR 52.229-12, Tax on Certain Foreign

Procurements, in any resulting contract.

(g) A taxpayer may, for a fee, seek advice from the IRS as to the proper tax treatment of a transaction. This is called a private letter ruling. Also, the IRS may publish a revenue ruling, which is an official interpretation by the IRS of the

Internal Revenue Code, related statutes, tax treaties, and regulations. A revenue ruling is the conclusion of the IRS on how the law is applied to a specific set of facts. For questions relating to the interpretation of the IRS regulations go to https://www.irs.gov/help/tax-law-questions.

K.6 DOSAR 652.225-70 ARAB LEAGUE BOYCOTT OF ISRAEL (AUG

1999)

(a) Definitions. As used in this provision:

Foreign person means any person other than a United States person as defined below.

United States person means any United States resident or national (other than an individual resident outside the United States and employed by other than a United

States person), any domestic concern (including any permanent domestic establishment of any foreign concern), and any foreign subsidiary or affiliate

(including any permanent foreign establishment) of any domestic concern which is controlled in fact by such domestic concern, as provided under the Export

Administration Act of 1979, as amended.

(b) Certification. By submitting this offer, the offeror certifies that it is not:

(1) Taking or knowingly agreeing to take any action, with respect to the boycott of

Israel by Arab League countries, which Section 8(a) of the Export Administration

Act of 1979, as amended (50 U.S.C. 2407(a)) prohibits a United States person from taking; or,

(2) Discriminating in the award of subcontracts on the basis of religion.

K.7 652.228-70 DEFENSE BASE ACT – COVERED CONTRACTOR

EMPLOYEES (FEB 2015)

(a) Quoters shall indicate below whether or not any of the following categories of employees will be employed on the resultant purchase order, and, if so, the number of such employees:

Category Yes/No Number

(1) United States citizens or residents

(2) Individuals hired in the United

States, regardless of citizenship

Local Nationals:

Third Country Nationals:

(3) Local nationals or third country nationals where contract performance takes place in a country where there are no local workers' compensation laws

(4) Local nationals or third country nationals where contract performance takes place in a country where there are local workers' compensation laws

(b) The Contracting Officer has determined that for performance in the Ethiopia:

[ ] Workers' compensation laws exist that will cover local nationals and third country nationals.

[X] Workers' compensation laws do not exist that will cover local nationals and third country nationals.

(c) If the Quoter has indicated “yes” in block (a)(4) of this provision, the offeror shall not purchase Defense Base Act insurance for those employees. However, the offeror shall assume liability toward the employees and their beneficiaries for war-hazard injury, death, capture, or detention, in accordance with the clause at FAR

52.228–4.

K.8 CONTRACTOR RECRUITMENT OF THIRD COUNTRY

NATIONALS (TCNs)

A Third Country National (TCN) is a citizen (national) of a country other than the

Ethiopia and the United States of America.

If the Quoter has entered a number for "Third Country Nationals" under category 3 or 4 in the table at Subsection K.7 under DOSAR 652.228-70, the quoter certifies that:

(i) [ ] The Contractor will provide accommodation for the listed Third Country

Nationals (TCNs).

(ii) [ ] The Contractor will not provide accommodation for the listed Third

Country Nationals (TCNs).

(End of Provision)

K.9 ADDENDUM TO DOSAR 652.242-73 – AUTHORIZATION AND

PERFORMANCE (AUG 1999)

I, as duly authorized representative of the quoter, hereby certify that the contractor

I am representing has obtained or will prior to providing services under the ensuing purchase order obtain all necessary licenses, permits and authorization to operate and do business in the Federated States of Micronesia as required by the clause at

DOSAR 652.242-73. Furthermore, the Contractor will comply with all laws, decrees and regulations of the Federated States of Micronesia.

K.10 AUTHORIZED CONTRACT ADMINISTRATOR

If the offeror does not fill-in the blanks below, the official who signed the offer will be deemed to be the offeror's representative for contract administration, which includes all matters pertaining to payments.

Name:

Address:

Telephone Number:

K.11 CERTIFICATION

I hereby certify that the responses to the above representations, certifications, and other statements are accurate and complete.

Signature: ___________________________________________

Type Name: _________________________________________

Title: _______________________________________________

Date: _______________________________________________

{END OF SECTION K}