52-209-2-Prohibition-on-Contracting-with-Inverted-Domestic-Corporations-Representation-.pdf
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This is FAR provision 52.209-2, which outlines the prohibition on contracting with inverted domestic corporations. The provision requires offerors to represent whether they are or are not an inverted domestic corporation, and whether they are or are not a subsidiary of an inverted domestic corporation.
The provision explicitly states that government agencies cannot use appropriated funds (or other available funds) for contracts with inverted domestic corporations or their subsidiaries, unless specific exceptions apply under 9.108-2(b) or the requirement is waived per procedures at 9.108-4. The representation requires offerors to complete checkbox certifications regarding their status. This November 2015 provision falls under FAR Part 52.209 and requires mandatory inclusion in contracts as prescribed in FAR 9.108-5(a).
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52.209-2 Prohibition on Contracting with Inverted Domestic Corporations- Representation.
As prescribed in 9.108-5(a), insert the following provision:
Prohibition on Contracting with Inverted Domestic Corporations-Representation (Nov 2015)
(a) Definitions. "Inverted domestic corporation" and "subsidiary" have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).
(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 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.
(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.
(End of provision)
Parent topic: 52.209 [Reserved] https://www.acquisition.gov/far/9.108-5#FAR_9_108_5 https://www.acquisition.gov/far/52.209-10#FAR_52_209_10 https://www.acquisition.gov/far/9.108-2#FAR_9_108_2 https://www.acquisition.gov/far/9.108-4#FAR_9_108_4 https://www.acquisition.gov/far/52.209
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