2026_Omnibus Statement of Qualifications.docx

Use this Guide for All FY 2026 Project Submissions Include a copy in each Qualification Submission

CERTIFICATIONS

RELEVANT TO PUBLIC LAW 99-399

Statement of Qualifications for

Purpose of Section 402 of

The Omnibus Diplomatic Security and Antiterrorism Act of 1986

(Public Law 99-399) (DOSAR 652.236-72 (Deviation)(MAR 2025))

Offeror Shall:

1. Complete Certifications 1 through 6

2. Provide documentation:

Tab A, See Certification # 1, Required Tab B, See Certification # 3, Required if Applicable Tab C, Certification #4, If Necessary

3. Sign completed Statement of Qualifications at page 9 of 9

CERTIFICATIONS RELEVANT TO PUBLIC LAW 99-399

Statement of Qualifications for Purpose of Section 402 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (Public Law 99-399, as amended by, 2025 NDAA § 7214. STREAMLINE QUALIFICATION OF CONSTRUCTION CONTRACT BIDDERS )

Warning: Any material misrepresentation made in the Statement of Qualifications may be the basis for disqualification of a bidder/offeror and reference for consideration of suspension or debarment or for prosecution under Federal law (cf. 18 U.S.C. 1001). Bidder/offeror eligibility will be determined on the basis of the information submitted in the Statement of Qualifications, including attachments thereto, and the bidder/offeror must demonstrate it meets the eligibility criteria and submit all required information including required Attachments.

Name and address of U. S. person organization providing this information:

Introduction

Section 402 of the Omnibus Diplomatic and Antiterrorism Act (Public Law 99-399) provides that a “United States person” or a “qualified United States Joint Venture” must meet certain requirements, listed in subsections 402 (c) (2) and (3) of the Act, to be eligible for award. To assist business entities to determine whether or not they qualify as a U.S. person or U.S. joint venture person, guidance is hereby provided. For ease of reference, the statutory language is quoted immediately before the definitions that apply to it. Space for the required information is provided immediately following each definition.

IMPORTANT NOTE: The Statement of Qualifications shall provide information correctly applicable to the U.S. person or U.S person Joint Venture whose qualifications are being certified and shall not include information pertaining to corporate affiliates or subsidiaries unless organized as a formal Joint Venture. Organizations that wish to use the experience or financial resources of any other legally dependent organization or individual, including parent companies, subsidiaries, or other related organizations, must do so by way of a formal joint venture. A prospective bidder/offeror may be an individual organization or firm, or a formal joint venture. To be considered a “qualified United States joint venture person,” the joint venture must have at least one firm or organization that itself meets all the requirements of a U.S. person listed in Section 402. By signing this bid/proposal, the U.S. person co-venturer agrees to be individually responsible for performance of the contract, notwithstanding the terms of any joint venture agreement.

Certifications

1. Section 402 (c) (2) (A): “The term ‘United States person’ means a person which—(A) is incorporated or legally organized under the laws of the United States, including the District of Columbia, and local laws.”

Definitions for purposes of Section 402 determination of eligibility -

“INCORPORATED” means the successful de jure incorporation of a business organization pursuant to the laws of any United States jurisdiction or component thereof.

“LEGALLY ORGANIZED” means the legally recognized existence of an organization other than a de jure corporation (e.g., a partnership) under the laws of any United States jurisdiction or component thereof. Only organizations that have a legal status, including the right to bring suit, to sign contracts, and to hold property under the law of the jurisdiction where they are doing business will qualify as legally organized. A natural person who is a United States citizen acting in his/her entrepreneurial capacity will be deemed to be a “person legally organized” within the scope of this definition, provided that the prospective bidder/offeror holds all required licenses to do business in the jurisdiction where he/she is located.

“UNITED STATES” means any jurisdiction that is one of the 50 states, the District of Columbia, a United States territory, a United States possession, or the Commonwealths of Puerto Rico and the North Mariana Islands.

Certification # 1: The organization seeking eligibility is [ ] incorporated, [ ] legally organized under the laws of (state) . ATTACHMENT REQUIRED (Tab A)

2. Section 402-(c) (2) (B): “The term ‘United States person’ means a person which—(B) has its principal place of business in the United States.”

Definitions for purposes of Section 402 determination of eligibility:

“PRINCIPAL PLACE OF BUSINESS” means the main location of the prospective bidder/offeror. For purposes of this section, a prospective bidder/offeror shall identify only one principal place of business, and such location must include at least the offices of the chief operating officer and headquarters staff. The named location must be a United States jurisdiction from which a tax return has been filed or will be filed during the calendar year in which the prospective bidder/offeror submits this bid/offer.

“UNITED STATES” means any jurisdiction that is one of the 50 states, the District of Columbia, a United States territory, a United States possession, or the Commonwealths of Puerto Rico and the North Mariana Islands.

Certification # 2(a): The organization seeking eligibility has its principal place of business in ________________________________________________(city, state).

Certification # 2(b): Kind of United States jurisdiction income tax return filed or expected to be filed during the current calendar year:

3. Section 402 (c) (2) (C): “The term ‘United States person’ means a person which—has been incorporated or legally organized in the United States-

(i) For more than 5 (five) years before the issuance date of the invitation for bids or request for proposals with respect to a new construction project under subsection (a) (1).

Definitions for purposes of Section 402 determination of eligibility:

“HAS BEEN INCORPORATED OR LEGALLY ORGANIZED” means that the organization can show continuity as an ongoing business. Organizations that have changed only their names meet the continuity requirement of this subsection. Organizations that have been bought, sold, merged, or otherwise substantially altered or enlarged their principle business activities will have the burden of proving that there have been ongoing operations by the same business entity for the required period of time. If the successor entity has acquired all the assets and liabilities of a preceding business and the predecessor business has no further existence, the successor may claim the incorporation date of the predecessor In any other circumstance, the prospective bidder/offeror must show that the law of the jurisdiction in which it operates regards the prospective bidder/offeror as the complete successor in interest of the preceding business for purposes of contractual obligations.

“ISSUANCE DATE”—The Department expects that the issuance date of the Phase II solicitation will be in June 2026 – July 2026.

“YEARS” means calendar years measured from day of the month to day of the month. For example, January 1, 2023, through December 31, 2023, is one calendar year, as is July 1, 2023, through June 30, 2024.

Certification # 3:

(i) The organization seeking eligibility as a U.S. Person or U.S. Joint Venture person was incorporated or legally organized on (Date). ATTACHMENT REQUIRED (Tab B)

(ii) If this date is less than the required number of years before the issuance date (see Section 402 (c)(2)(C) above for required years of incorporation prior to the issuance of the solicitation), the organization seeking eligibility claims that it has been in business for the requisite period of time based on the material attached at Tab B: (identify and include). (Material can include such items as certificates of incorporation, partnership agreements, resolutions of boards of directors, etc.)

4. Section 402 (c) (2) (D): “The term ‘United States person’ means a person which—has performed within the United States, or on a Federal Contract abroad administrative and technical, professional, or construction services similar in complexity, type of construction, and value to the project being bid.”

Definitions for purposes of Section 402 determination of eligibility:

“ADMINISTRATIVE AND TECHNICAL, PROFESSIONAL, OR CONSTRUCTION SERVICES” means the kind of work in which the prospective bidder/offeror is interested. If the proposed contract is for construction management services, the prospective bidder/offeror will be expected to demonstrate construction management experience. In general, ‘administrative’ means the capacity or ability to manage; ‘technical’ means the specific skills peculiar to the type of work required; ‘professional’ means expert services resulting from advanced training in the type of work required; and ‘construction’ experience if it has not directly performed all of the actual construction activities. Thus, an entity whose only construction work experience was performed by its legally distinct subsidiary or parent will not be considered to have construction experience.

“ADEQUATE COMPETITION” means with respect to construction or design project, the presence of three or more qualified bidders submitting responsive bids for that project.

“COMPLEXITY” means the physical size and technical size and demands of the project as identified in the Solicitation Notice.

“FEDERAL CONTRACT” means a legally binding agreement awarded by an entity of the U.S. Government and a party to purchase goods, services or property.

“PERFORMED” means projects that have been fully completed or at substantial completion by the prospective bidder/offeror and accepted by the owner or other party to the transaction before or by the time of contract award. Projects still in progress and not at least at substantial completion by the time of contract award have not yet been ‘performed’ for purposes of this definition.

“TYPE OF CONSTRUCTION” means the overall nature of the facilities to be built, including the kinds of materials to be used. Thus, if the contract will require the construction of a multi-story office building, the prospective bidder/offeror will be expected to demonstrate experience with facilities of this type.

“VALUE” means the project value identified in the Solicitation notice and for comparable projects identified by the Offeror includes the total contract price of the project, not to the profit or loss to the contractor.

“WITHIN THE UNITED STATES” means a United States jurisdiction that is the place where the subject matter of the contract or other arrangement was in fact completed. It does not mean the place where the contract or other arrangement was negotiated or signed. The term ‘United States’ means any jurisdiction that is one of the 50 states, the District of Columbia, a United States territory, a United States possession, or the Commonwealths of Puerto Rico and the Northern Mariana Islands.

Certification # 4: List on this page and an attachment (if necessary as Tab C), one or more similar projects completed or substantially completed or that is expected to be completed or substantially complete at the time of contract award by the prospective bidder/offeror. For each project, provide the following information:

a. Specific Offeror Entity that performed the contract:

___________________________________________ (Entity name)

b. Location of Performance within the U.S or Abroad: ___________________________________(city and state, or Country)

c. Type of service performed: _____________________________(administrative, etc.)

d. Similar Complexity: ________________________________(office building, square foot, etc.)

e. Type of construction performed:_____________________

f. Completion Date and/or Expected Date for Substantial Completion: ______________

g. Value of project:_________________

If the prospective offeror’s participation was as a partner or co-venturer, indicate the percentage of the project performed by the prospective offeror:__________%.

5. Section 402 (c)(2)(E): “The term ‘United States person’ means a person which—

(i) Employs United States citizens in at least 65 percent of its principal management positions in the United States;

(ii) Employs United States citizens in more than half of its permanent, full-time positions in the United States; and

(iii) Will employ United States citizens in at least 65 percent of the supervisory positions on the foreign buildings office project site.”

Definitions for purposes of Section 402 determination of eligibility:

“IN THE UNITED STATES” refers to those positions the prospective bidder/offeror maintains within all jurisdictions which are one of the 50 states, the District of Columbia, a United States territory, a United States possession, or the Commonwealths of Puerto Rico or the Northern Mariana Islands.

“PERMANENT, FULL-TIME POSITIONS” means positions with the prospective bidder/offeror that are intended to be indefinite, as opposed to limited, seasonal, or project-duration periods. The term ‘full-time’ refers to positions in which the occupants are expected to and ordinarily work 40 hours a week. The term ‘permanent, full-time positions’ covers the portion of the prospective bidder's/offeror's workforce that continues to be employed without regard to the fluctuating requirements of production or projects.

“PRINCIPAL MANAGEMENT POSITIONS” refers to the chief operating officer and those management officials reporting directly to him or her. In the case of a partnership, the term refers to every general partner. In the case of a corporation, the term refers to those officers of the corporation who are active in running its day-to-day operations. Members of a corporation’s Board of Directors who do not have operational responsibilities do not occupy “principal management positions” simply by virtue of their service on the Board. In all cases, the term “principal management positions” also includes the individual or individuals expected to have primary corporate management oversight responsibility for the contract if the prospective bidder/offeror is awarded the contract. Each prospective bidder/offeror is responsible for listing all of its principal management positions and identifying their current occupants by name and citizenship.

“SUPERVISORY POSITIONS” means all positions with significant authority to direct the work of others as well as those for which access to classified or controlled documents is required. Such positions will be identified in each contract.

“UNITED STATES CITIZENS” means natural persons with United States citizenship or nationality, whether acquired by birth or naturalization.

Certification 5(a): The organization seeking eligibility has the following staff as listed below:

(ii.) For each individual reporting directly to the above-named Chief Operating Officer, list position, name, and citizenship:

Position Name Citizenship

Certification 5(b): Number of permanent, full-time positions in the United States: ________.

Certification 5(c): Number of United States citizens employed in permanent, full-time positions in the United States: .

Certification 5(d): Certification of intent to employ U.S. citizens in a minimum of 65 percent of the supervisory positions identified by the Department of State on this project:

I so certify: (signature)

(name typed or printed)

(position)

(date)

6. Section 402 (c) (3): “The term ‘qualified United States joint venture person’ means a joint venture in which a United States person or persons owns at least 51 percent of the assets of the joint venture.”

Definitions for purposes of Section 402 determinations of eligibility:

“ASSETS” means tangible and intangible assets conveyed to or made available for the joint venture by the co-venturers.

“JOINT VENTURE” means a formal arrangement by and through which two or more persons or entities associate for the purpose of carrying out the prospective contract. Prospective bidders/offerors are advised that a joint venture may not be acceptable to projects requiring a Department of Defense facility security clearance because each co-venturer may pose particular problems in obtaining security clearances. To be acceptable, all members of the Joint Venture must be individually and severally liable for the full performance of and resolution of any and all matters arising out of the contract, notwithstanding any provision of the joint venture agreement of law of the jurisdiction under which the joint venture has been created.)

Certification # 6:

(a) The bidder/offeror [ ] is, [ ] is not, a joint venture. (mark is or is not)

(b) If the bidder/offeror is a joint venture, the U.S. person participant is:

_________________________________ (name) _________________________________ (address) _________________________________ (address)

(c) If the bidder/offeror is a joint venture, the names and countries of citizenship for all co-venturers are as follows:

_______________________ (name) _________________ (citizenship) _______________________ (name) _________________ (citizenship)

(d) If the bidder/offeror is a joint venture, the U.S. person must certify it will own at least 51 percent of the assets of the joint venture.

SIGNATURE: By signing this document, the offeror indicates that to the best of his/her knowledge, all of the representations and certifications provided in response to the questions contained in this “Statement of Qualifications” are accurate, current, and complete and that the Offeror is aware of the penalty prescribed in Title 18 U.S.C. Section 1001 for making false statements.

Name of Company:

By:/s/

Name:

Title:

Date:

CERTIFICATIONS RELEVANT TO PUBLIC LAW 99-399