52.212-3 Offeror Representation and Certifications (K)(2).pdf
PDF 8 MB Posted
- Attached to
- VAARNG FY25 Family Program Volunteer Workshop
- Solicitation number
- W912LQ25QA010
About this file
This is FAR provision 52.212-3, Offeror Representations and Certifications - Commercial Products and Commercial Services (May 2024), which contains required representations and certifications that offerors must complete when submitting proposals for commercial items.
The provision requires offerors to either complete paragraph (b) if they have completed annual representations electronically in SAM, or complete paragraphs (c) through (v) if they have not. It includes detailed definitions and certification requirements regarding: small business status, socioeconomic programs (SDVOSB, WOSB, EDWOSB), ownership structure, tax liability, forced/child labor compliance, Buy American Act compliance, prohibited telecommunications equipment, greenhouse gas emissions disclosure, and various other standard federal contracting certifications. For disadvantaged businesses, a new alternate paragraph (c)(12) has been added requiring identification of specific socioeconomic categories. The provision also addresses restricted business operations in Sudan, Iran sanctions compliance, and requirements related to inverted domestic corporations.
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Text version
(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)(l ). 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)(l) or (k)(2) of this clause applies-
(i) If the offeror does not certify to the conditions in paragraph (k)(l) 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)(l) or (k)(2) of this clause or to contact the Contracting Officer as required in paragraph (k)(3)(i) of this clause.
(1) 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 (1)(3) through (1)(5) of this provision to comply with debt collection requirements of 31 U.S.C. 7701(£) and 3325(d), reporting requirements of26 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(£).(1).). 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.
X
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