Attachment 3- FAR 52.212-3 & 52.204-24.pdf

FAR 52.212-3 Offeror RepresentaƟons and CerƟficaƟons—Commercial

Products and Commercial Services (Oct 2025)

The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representaƟons and cerƟficaƟon electronically in the System for Award Management

(SAM) accessed through hƩps://www.sam.gov. If the Offeror has not completed the annual representaƟons and cerƟficaƟons electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.

(a) DefiniƟons. As used in this provision— Covered telecommunicaƟons equipment or services has the meaning provided in the clause 52.204-25, ProhibiƟon on ContracƟng for Certain TelecommunicaƟons and Video

Surveillance Services or Equipment.

Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and uncondiƟonally owned by, and the management and daily business operaƟons of which are controlled by, one or more women who are ciƟzens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is cerƟfied by SBA or an approved third-party cerƟfier in accordance with 13 CFR 127.300. It automaƟcally qualifies as a women-owned small business eligible under the WOSB Program.

Forced or indentured child labor means all work or service—

(1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or

(2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalƟes.

Highest-level owner means the enƟty that owns or controls an immediate owner of the offeror, or that owns or controls one or more enƟƟes that control an immediate owner of the offeror. No enƟty owns or exercises control of the highest level owner.

Immediate owner means an enƟty, 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, idenƟty of interests among family members, shared faciliƟes and equipment, and the common use of employees.

Inverted domesƟc corporaƟon, means a foreign incorporated enƟty that meets the definiƟon of an inverted domesƟc corporaƟon under 6 U.S.C. 395(b), applied in accordance with the rules and definiƟons of 6 U.S.C. 395(c).

Manufactured end product means any end product in product and service codes (PSCs)

1000-9999, except—

(1) PSC 5510, Lumber and Related Basic Wood Materials;

(2) Product or Service Group (PSG) 87, Agricultural Supplies;

(3) PSG 88, Live Animals;

(4) PSG 89, Subsistence;

(5) PSC 9410, Crude Grades of Plant Materials;

(6) PSC 9430, Miscellaneous Crude Animal Products, Inedible;

(7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products;

(8) PSC 9610, Ores;

(9) PSC 9620, Minerals, Natural and SyntheƟc; and

(10) PSC 9630, AddiƟve Metal Materials.

Place of manufacture means the place where an end product is assembled out of components, or otherwise made or processed from raw materials into the finished product that is to be provided to the Government. If a product is disassembled and reassembled, the place of reassembly is not the place of manufacture.

Predecessor means an enƟty that is replaced by a successor and includes any predecessors of the predecessor.

Reasonable inquiry has the meaning provided in the clause 52.204-25, ProhibiƟon on ContracƟng for Certain TelecommunicaƟons and Video Surveillance Services or Equipment.

Restricted business operaƟons means business operaƟons in Sudan that include power producƟon acƟviƟes, mineral extracƟon acƟviƟes, oil-related acƟviƟes, or the producƟon of military equipment, as those terms are defined in the Sudan Accountability and

Divestment Act of 2007 (Pub. L. 110-174). Restricted business operaƟons do not include business operaƟons that the person (as that term is defined in SecƟon 2 of the

Sudan Accountability and Divestment Act of 2007) conducƟng the business can demonstrate—

(1) Are conducted under contract directly and exclusively with the regional government of southern Sudan;

(2) Are conducted pursuant to specific authorizaƟon from the Office of Foreign Assets

Control in the Department of the Treasury, or are expressly exempted under Federal law from the requirement to be conducted under such authorizaƟon;

(3) Consist of providing goods or services to marginalized populaƟons of Sudan;

(4) Consist of providing goods or services to an internaƟonally recognized peacekeeping force or humanitarian organizaƟon;

(5) Consist of providing goods or services that are used only to promote health or educaƟon; or

(6) Have been voluntarily suspended."SensiƟve technology"— SensiƟve technology—

(1) Means hardware, soŌware, telecommunicaƟons equipment, or any other technology that is to be used specifically—

(i) To restrict the free flow of unbiased informaƟon in Iran; or

(ii) To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2) Does not include informaƟon or informaƟonal materials the export of which the President does not have the authority to regulate or prohibit pursuant to secƟon 203(b)(3)of the

InternaƟonal Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

Service-disabled veteran-owned small business (SDVOSB) concern means a small business concern— (1)

(i) Not less than 51 percent of which is owned and controlled by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operaƟons of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran; or

(2) A small business concern eligible under the SDVOSB Program in accordance with 13 CFR part

128 (see subpart 19.14).

(3) Service-disabled veteran, as used in this definiƟon, means a veteran as defined in 38 U.S.C.

101(2), with a disability that is service connected, as defined in 38 U.S.C. 101(16), and who is registered in the Beneficiary IdenƟficaƟon and Records Locator Subsystem, or successor system that is maintained by the Department of Veterans Affairs’ Veterans Benefits AdministraƟon, as a service-disabled veteran.

Service-disabled veteran-owned small business (SDVOSB) concern eligible under the

SDVOSB Program means an SDVOSB concern that—

(1) EffecƟve January 1, 2024, is designated in the System for Award Management

(SAM) as cerƟfied by the Small Business AdministraƟon (SBA) in accordance with 13

CFR 128.300; or

(2) Has represented that it is an SDVOSB concern in SAM and submiƩed a complete applicaƟon for cerƟficaƟon to SBA on or before December 31, 2023.

Service-disabled veteran-owned small business (SDVOSB) Program means a program that authorizes contracƟng officers to limit compeƟƟon, including award on a sole-source basis, to SDVOSB concerns eligible under the SDVOSB Program.

Small business concern—

(1) Means a concern, including its affiliates, that is independently owned and operated, not dominant in its field of operaƟon, and qualified as a small business under the criteria in 13 CFR part 121 and size standards in this solicitaƟon.

(2) Affiliates, as used in this definiƟon, means business concerns, one of whom directly or indirectly controls or has the power to control the others, or a third party or parƟes control or have the power to control the others. In determining whether affiliaƟon exists, consideraƟon is given to all appropriate factors including common ownership, common management, and contractual relaƟonships. SBA determines affiliaƟon based on the factors set forth at 13 CFR 121.103.

Small disadvantaged business concern, consistent with 13 CFR 124.1001, means a small business concern under the size standard applicable to the acquisiƟon, that—

(1) Is at least 51 percent uncondiƟonally and directly owned (as defined at 13 CFR

124.105) by—

(i) One or more socially disadvantaged (as defined at13 CFR 124.103) and economically disadvantaged (as defined at 13 CFR 124.104) individuals who are ciƟzens of the United States; and

(ii) Each individual claiming economic disadvantage has a net worth not exceeding the threshold at 13 CFR 124.104(c)(2) aŌer taking into account the applicable exclusions set forth at 13 CFR124.104(c)(2); and

(2) The management and daily business operaƟons of which are controlled (as defined at 13.CFR 124.106) by individuals, who meet the criteria in paragraphs (1)(i) and (ii) of this definiƟon.

Subsidiary means an enƟty in which more than 50 percent of the enƟty is owned—

(1) Directly by a parent corporaƟon; or

(2) Through another subsidiary of a parent corporaƟon Successor means an enƟty that has replaced a predecessor by acquiring the assets and carrying out the affairs of the predecessor under a new name (oŌen through acquisiƟon or merger). The term "successor" does not include new offices/divisions of the same company or a company that only changes its name. The extent of the responsibility of the successor for the liabiliƟes of the predecessor may vary, depending on State law and specific circumstances.

Veteran-owned small business concern means a small business concern—

(1) Not less than 51 percent of which is owned and controlled by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operaƟons of which are controlled by one or more veterans.

Women-owned business concern means a concern which is at least 51 percent owned by one or more women; or in the case of any publicly owned business, at least 51 percent of its stock is owned by one or more women; and whose management and daily business operaƟons are controlled by one or more women Women-owned small business concern means a small business concern—

(1) That is at least 51 percent owned by one or more women; or, in the case of any publicly owned business, at least51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operaƟons are controlled by one or more women.

Women-owned small business (WOSB) concern eligible under the WOSB Program (in accordance with 13 CFR part 127), means a small business concern that is at least 51 percent directly and uncondiƟonally owned by, and the management and daily business operaƟons of which are controlled by, one or more women who are ciƟzens of the United States, and the concern is cerƟfied by SBA or an approved third-party cerƟfier in accordance with 13 CFR 127.300.

(b)

(1) Annual RepresentaƟons and CerƟficaƟons. Any changes provided by the Offeror in paragraph (b)(2) of this provision do not automaƟcally change the representaƟons and cerƟficaƟons in SAM.

(2) The offeror has completed the annual representaƟons and cerƟficaƟons electronically in

SAM accessed through hƩp://www.sam.gov. AŌer reviewing SAM informaƟon, the Offeror verifies by submission of this offer that the representaƟons and cerƟficaƟons currently posted electronically at FAR 52.212-3, Offeror RepresentaƟons and CerƟficaƟons-

Commercial Products and Commercial Services, have been entered or updated in the last 12 months, are current, accurate, complete, and applicable to this solicitaƟon (including the business size standard(s) applicable to the NAICS code(s) referenced for this solicitaƟon), at the

Ɵme this offer is submiƩed and are incorporated in this offer by reference (see FAR 4.1201), except for paragraphs __.

[Offeror to idenƟfy the applicable paragraphs at (c) through (v) of this provision that the offeror has completed for the purposes of this solicitaƟon only, if any.

These amended representaƟon(s) and/or cerƟficaƟon(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer.

Any changes provided by the offeror are applicable to this solicitaƟon only, and do not result in an update to the representaƟons and cerƟficaƟons posted electronically on

SAM.]

(c) Offerors must complete the following representaƟons when the resulƟng contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracƟng officer has applied part 19 in accordance with 19.000(b)(1)(ii).

Check all that apply.

(1) Small business concern. The offeror represents as part of its offer that—

(i) It □ is, □ is not a small business concern; or

(ii) It □ is, □ is not a small business joint venture that complies with the requirements of 13 CFR

121.103(h) and 13 CFR 125.8(a) and (b). [ The offeror shall enter the name and unique enƟty idenƟfier of each party to the joint venture: ____________.]

(2) Veteran-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents as part of its offer that it □ is, □ is not a veteran-owned small business concern.

(3) SDVOSB concern. [Complete only if the offeror represented itself as a veteran-owned small business concern in paragraph (c)(2) of this provision.]

The offeror represents that it □ is, □ is not an SDVOSB concern.

(4) SDVOSB concern joint venture eligible under the SDVOSB Program.

The offeror represents that it □ is, □ is not an SDVOSB joint venture eligible under the

SDVOSB Program that complies with the requirements of 13 CFR 128.402. [Complete only if the offeror represented itself as an SDVOSB concern in paragraph (c)(3) of this provision.] [The offeror shall enter the name and unique enƟty idenƟfier of each party to the joint venture: ____________.]

(5) Small disadvantaged business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is, □ is not a small disadvantaged business concern as defined in 13 CFR 124.1001.

(6) Women-owned small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents that it □ is, □ is not a women-owned small business concern.

(7) WOSB joint venture eligible under the WOSB Program. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c).

[ The offeror shall enter the name and unique enƟty idenƟfier of each party to the joint venture: ____________.]

(8) Economically disadvantaged women-owned small business (EDWOSB) joint venture. The offeror represents that it □ is, □ is not a joint venture that complies with the requirements of 13 CFR 127.506(a) through (c). [The offeror shall enter the name and unique enƟty idenƟfier of each party to the joint venture: ____________.]

Note to paragraphs (c)(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitaƟon is expected to exceed the simplified acquisiƟon threshold.

(9) Women-owned business concern (other than small business concern). [Complete only if the offeror is a women-owned business concern and did not represent itself as a small business concern in paragraph (c)(1) of this provision.] The offeror represents that it □ is a women-owned business concern.

(10) Tie bid priority for labor surplus area concerns. If this is an invitaƟon for bid, small business offerors may idenƟfy the labor surplus areas in which costs to be incurred on account of manufacturing or producƟon (by offeror or first-Ɵer subcontractors) amount to more than 50 percent of the contract price:____________

(11) HUBZone small business concern. [Complete only if the offeror represented itself as a small business concern in paragraph (c)(1) of this provision.]

The offeror represents, as part of its offer, that–

(i) It □ is, □ is not a HUBZone small business concern listed, on the date of this representaƟon, as having been cerƟfied by SBA as a HUBZone small business concern in the Dynamic Small

Business Search and SAM, and will aƩempt to maintain an employment rate of HUBZone residents of 35 percent of its employees during performance of a HUBZone contract (see 13 CFR 126.200(e)(1)); and

(ii) It □ is, □ is not a HUBZone joint venture that complies with the requirements of 13 CFR

126.616(a) through (c). [The offeror shall enter the name and unique enƟty idenƟfier of each party to the joint venture: ______.] Each HUBZone small business concern parƟcipaƟng in the HUBZone joint venture shall provide representaƟon of its HUBZone status.

(d) RepresentaƟons required to implement provisions of ExecuƟve Order 11246-

(1) Previous contracts and compliance. The offeror represents that-

(i) It □ has, □ has not parƟcipated in a previous contract or subcontract subject to the

Equal Opportunity clause of this solicitaƟon; and

(ii) It □ has, □ has not filed all required compliance reports.

(2) AffirmaƟve AcƟon Compliance. The offeror represents that-

(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmaƟve acƟon programs required by rules and regulaƟons of the

Secretary of Labor (41 CFR parts 60-1 and 60-2), or

(ii) It □ has not previously had contracts subject to the wriƩen affirmaƟve acƟon programs requirement of the rules and regulaƟons of the Secretary of Labor.

(e) CerƟficaƟon Regarding Payments to Influence Federal TransacƟons

(31 hƩp://uscode.house.gov/ U.S.C. 1352). (Applies only if the contract is expected to exceed

$200,000.) By submission of its offer, the offeror cerƟfies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or aƩempƟng to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress on his or her behalf in connecƟon with the award of any resultant contract. If any registrants under the Lobbying

Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying AcƟviƟes, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensaƟon were made.

(f) Buy American CerƟficate. (Applies only if the clause at Federal AcquisiƟon RegulaƟon

(FAR) 52.225-1, Buy American-Supplies, is included in this solicitaƟon.)

(1)

(i) The Offeror cerƟfies that each end product, except those listed in paragraph (f)(2) of this provision, is a domesƟc end product and that each domesƟc end product listed in paragraph (f)(3) of this provision contains a criƟcal component.

(ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domesƟc end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combinaƟon of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domesƟc content, except for those that are COTS items. If the percentage of the domesƟc content is unknown, select “no”.

(iii) The Offeror shall separately list the line item numbers of domesƟc end products that contain a criƟcal component (see FAR 25.105).

(iv) The terms “commercially available off-the-shelf (COTS) item,” “criƟcal component,”

“domesƟc end product,” "end product," "foreign end product," and "United States" are defined in the clause of this solicitaƟon enƟtled "Buy American-Supplies."

(2) Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domesƟc content (yes/no)

[List as necessary]

(3) DomesƟc end products containing a criƟcal component:

Line Item No. ___ [List as necessary]

(4) The Government will evaluate offers in accordance with the policies and procedures of

FAR part 25.

(g)

(1) Buy American-Free Trade Agreements-Israeli Trade Act CerƟficate. (Applies only if the clause at FAR 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act, is included in this solicitaƟon.)

(i)

(A) The Offeror cerƟfies that each end product, except those listed in paragraph (g)(1)(ii) or (iii) of this provision, is a domesƟc end product and that each domesƟc end product listed in paragraph (g)(1)(iv) of this provision contains a criƟcal component.

(B) The terms "Bahraini, Moroccan, Omani, Panamanian, or Peruvian end product,"

"commercially available off-the-shelf (COTS) item," "criƟcal component," "domesƟc end product," "end product," "foreign end product," "Free Trade Agreement country," "Free

Trade Agreement country end product," "Israeli end product," and "United States" are defined in the clause of this solicitaƟon enƟtled "Buy American-Free Trade Agreements-

Israeli Trade Act."

(ii) The Offeror cerƟfies that the following supplies are Free Trade Agreement country end products (other than Bahraini, Moroccan, Omani, Panamanian, or

Peruvian end products) or Israeli end products as defined in the clause of this solicitaƟon enƟtled "Buy American-Free Trade Agreements-Israeli Trade Act."

Free Trade Agreement Country End Products (Other than Bahraini, Moroccan, Omani, Panamanian, or Peruvian End Products) or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitaƟon enƟtled "Buy American-Free Trade Agreements-Israeli Trade Act."

The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domesƟc end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combinaƟon of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domesƟc content, except for those that are COTS items. If the percentage of the domesƟc content is unknown, select “no”.

Other Foreign End Products:

Line Item No. Country of Origin Exceeds 55% domesƟc content (yes/no)

[List as necessary]

(iv) The Offeror shall list the line item numbers of domesƟc end products that contain a criƟcal component (see FAR 25.105).

Line Item No. ___ [List as necessary]

(v) The Government will evaluate offers in accordance with the policies and procedures of

FAR part 25.

(2) Buy American-Free Trade Agreements-Israeli Trade Act CerƟficate, Alternate II. If Alternate II to the clause at FAR 52.225-3 is included in this solicitaƟon, subsƟtute the following paragraph

(g)(1)(ii) for paragraph (g)(1)(ii) of the basic provision:

(g)(1)(ii) The offeror cerƟfies that the following supplies are Israeli end products as defined in the clause of this solicitaƟon enƟtled “Buy American—Free Trade

Agreements—Israeli Trade Act”:

Israeli End Products:

Line Item No.

[List as necessary]

(3) Buy American-Free Trade Agreements-Israeli Trade Act CerƟficate, Alternate III.

If Alternate III to the clause at 52.225-3 is included in this solicitaƟon, subsƟtute the following paragraphs (g)(1)(i)(B) and (g)(1)(ii) for paragraphs (g)(1)(i)(B) and (g)(1)(ii) of the basic provision:

(g)(1)(i)(B) The terms “Korean end product”, “commercially available off-the-shelf

(COTS) item,” “criƟcal component,” “domesƟc end product,” “end product,” “foreign end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,”

“Israeli end product,” and “United States” are defined in the clause of this solicitaƟon enƟtled “Buy American—Free Trade Agreements—Israeli Trade Act.”

(g)(1)(ii) The Offeror cerƟfies that the following supplies are Korean end products or

Israeli end products as defined in the clause of this solicitaƟon enƟtled “Buy American—

Free Trade Agreements—Israeli Trade Act”:

Korean End Products or Israeli End Products:

Line Item No. Country of Origin

[List as necessary]

(4) Trade Agreements CerƟficate. (Applies only if the clause at FAR 52.225-5, Trade Agreements, is included in this solicitaƟon.)

(i) The offeror cerƟfies that each end product, except those listed in paragraph (g)(4)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitaƟon enƟtled "Trade Agreements."

(ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.

Other End Products:

Line Item No. Country of Origin

[List as necessary]

(iii) The Government will evaluate offers in accordance with the policies and procedures of

FAR part 25. For line items covered by the WTO GPA, the Government will evaluate offers of

U.S.-made or designated country end products without regard to the restricƟons of the Buy

American statute. The Government will consider for award only offers of U.S.-made or designated country end products unless the ContracƟng Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitaƟon.

(h) CerƟficaƟon Regarding Responsibility MaƩers (ExecuƟve Order 12689). (Applies only if the contract value is expected to exceed the simplified acquisiƟon threshold.)

The offeror cerƟfies, to the best of its knowledge and belief, that the offeror and/or any of its principals–

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

(2) □ 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 connecƟon with obtaining, aƩempƟng to obtain, or performing a Federal, state or local government contract or subcontract; violaƟon of Federal or state anƟtrust statutes relaƟng to the submission of offers; or commission of embezzlement, theŌ, forgery, bribery, falsificaƟon or destrucƟon of records, making false statements, tax evasion, violaƟng Federal criminal tax laws, or receiving stolen property;

(3) □ Are, □ are not presently indicted for, or otherwise criminally or civilly charged by a

Government enƟty with, commission of any of these offenses enumerated in paragraph

(h)(2) of this clause; and

(4) □ Have, □ have not, within a three-year period preceding this offer, been noƟfied of any delinquent Federal taxes in an amount that exceeds the threshold at 9.104-5(a)(2) for which the liability remains unsaƟsfied.

(i) Taxes are considered delinquent if both of the following criteria apply:

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

(B) 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 collecƟon acƟon is precluded.

(ii) Examples.

(A) The taxpayer has received a statutory noƟce of deficiency, under I.R.C. §6212, which enƟtles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax

Court review, this will not be a final tax liability unƟl the taxpayer has exercised all judicial appeal rights.

(B) The IRS has filed a noƟce of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a noƟce under I.R.C. §6320 enƟtling the taxpayer to request a hearing with the IRS Office of Appeals contesƟng the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is enƟtled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability unƟl the taxpayer has exercised all judicial appeal rights.

(C) The taxpayer has entered into an installment agreement pursuant to I.R.C. §6159.

The taxpayer is making Ɵmely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

(D) The taxpayer has filed for bankruptcy protecƟon. The taxpayer is not delinquent because enforced collecƟon acƟon is stayed under 11 U.S.C. §362 (the Bankruptcy

Code).

(i) CerƟficaƟon Regarding Knowledge of Child Labor for Listed End Products (ExecuƟve Order

13126). [The ContracƟng Officer must list in paragraph (i)(1) any end products being acquired under this solicitaƟon that are included in the List of Products Requiring Contractor CerƟficaƟon as to Forced or Indentured Child Labor, unless excluded at 22.1503(b).]

(1) Listed end products.

Listed End Product Listed Countries of Origin

(2) CerƟficaƟon. [If the ContracƟng Officer has idenƟfied end products and countries of origin in paragraph (i)(1) of this provision, then the offeror must cerƟfy to either (i)(2)(i) or (i)(2)(ii) by checking the appropriate block.] ☐ (i) The offeror will not supply any end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

☐ (ii) The offeror may supply an end product listed in paragraph (i)(1) of this provision that was mined, produced, or manufactured in the corresponding country as listed for that product.

The offeror cerƟfies that it has made a good faith effort to determine whether forced or indentured child labor was used to mine, produce, or manufacture any such end product furnished under this contract. On the basis of those efforts, the offeror cerƟfies that it is not aware of any such use of child labor.

(j) Place of manufacture. (Does not apply unless the solicitaƟon is predominantly for the acquisiƟon of manufactured end products.) For staƟsƟcal purposes only, the offeror shall indicate whether the place of manufacture of the end products it expects to provide in response to this solicitaƟon is predominantly-

(1) □ In the United States (Check this box if the total anƟcipated price of offered end products manufactured in the United States exceeds the total anƟcipated price of offered end products manufactured outside the United States); or

(2) □ Outside the United States.

(k) CerƟficates regarding exempƟons from the applicaƟon of the Service Contract Labor

Standards (CerƟficaƟon by the offeror as to its compliance with respect to the contract also consƟtutes its cerƟficaƟon as to compliance by its subcontractor if it subcontracts out the exempt services.) [The contracƟng officer is to check a box to indicate if paragraph (k)(1) or (k)(2) applies.] ☐ (1) Maintenance, calibraƟon, or repair of certain equipment as described in FAR 22.1003-

4(c)(1). The offeror □ does □ does not cerƟfy that–

(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 substanƟal quanƟƟes to the general public in the course of normal business operaƟons;

(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, calibraƟon, or repair of such equipment; and

(iii) The compensaƟon (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)(1). The offeror □ does □ does not cerƟfy 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 substanƟal quanƟƟes in the course of normal business operaƟons;

(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 porƟon of his or her Ɵme (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 compensaƟon (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)(1) or (k)(2) of this clause applies–

(i) If the offeror does not cerƟfy to the condiƟons in paragraph (k)(1) or (k)(2) and the ContracƟng Officer did not aƩach a Service Contract Labor Standards wage determinaƟon to the solicitaƟon, the offeror shall noƟfy the ContracƟng Officer as soon as possible; and

(ii) The ContracƟng Officer may not make an award to the offeror if the offeror fails to execute the cerƟficaƟon in paragraph (k)(1) or (k)(2) of this clause or to contact the ContracƟng Officer as required in paragraph (k)(3)(i) of this clause.

(l) Taxpayer IdenƟficaƟon Number (TIN) ( 26 U.S.C. 6109, 31 U.S.C. 7701). (Not applicable if the offeror is required to provide this informaƟon to the SAM to be eligible for award.)

(1) All offerors must submit the informaƟon required in paragraphs (l)(3) through (l)(5) of this provision to comply with debt collecƟon requirements of 31 U.S.C. 7701(c) and 3325(d), reporƟng requirements of 26 U.S.C. 6041, 6041A, and 6050M, and implemenƟng regulaƟons 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 relaƟonship with the Government (31 U.S.C. 7701(c)(3)). If the resulƟng contract is subject to the payment reporƟng 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 IdenƟficaƟon Number (TIN).

☐TIN: ________________________________.

☐TIN has been applied for.

☐TIN is not required because:

☐Offeror is a nonresident alien, foreign corporaƟon, or foreign partnership that does not have income effecƟvely 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;

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

(4) Type of organizaƟon.

☐Sole proprietorship;

☐Partnership;

☐Corporate enƟty (not tax-exempt);

☐Corporate enƟty (tax-exempt);

☐Government enƟty (Federal, State, or local);

☐Foreign government;

☐InternaƟonal organizaƟon per 26 CFR1.6049-4;

☐Other ________________________________.

(5) Common parent.

☐Offeror is not owned or controlled by a common parent;

☐Name and TIN of common parent:

Name ________________________________.

TIN _________________________________.

(m) Restricted business operaƟons in Sudan. By submission of its offer, the offeror cerƟfies that the offeror does not conduct any restricted business operaƟons in Sudan.

(n) ProhibiƟon on ContracƟng with Inverted DomesƟc CorporaƟons.

(1) Government agencies are not permiƩed to use appropriated (or otherwise made available) funds for contracts with either an inverted domesƟc corporaƟon, or a subsidiary of an inverted domesƟc corporaƟon, unless the excepƟon at 9.108-2(b) applies or the requirement is waived in accordance with the procedures at 9.108-4.

(2) RepresentaƟon. The Offeror represents that–

(i) It □ is, □ is not an inverted domesƟc corporaƟon; and

(ii) It □ is, □ is not a subsidiary of an inverted domesƟc corporaƟon.

(o) ProhibiƟon on contracƟng with enƟƟes engaging in certain acƟviƟes or transacƟons relaƟng to Iran.

(1) The offeror shall e-mail quesƟons concerning sensiƟve technology to the Department of

State at CISADA106@state.gov.

(2) RepresentaƟon and CerƟficaƟons. Unless a waiver is granted or an excepƟon applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror-

(i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensiƟve technology to the government of Iran or any enƟƟes or individuals owned or controlled by, or acƟng on behalf or at the direcƟon of, the government of Iran;

(ii) CerƟfies that the offeror, or any person owned or controlled by the offeror, does not engage in any acƟviƟes for which sancƟons may be imposed under secƟon 5 of the Iran

SancƟons Act; and

(iii) CerƟfies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transacƟon that exceeds the threshold at FAR 25.703-2(a)(2) with Iran’s

RevoluƟonary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the InternaƟonal Emergency Economic Powers Act

(et seq.) (see OFAC’s Specially Designated NaƟonals and Blocked Persons List at hƩps://www.treasury.gov/resource-center/sancƟons/SDN-List/Pages/default.aspx).

(3) The representaƟon and cerƟficaƟon requirements of paragraph (o)(2) of this provision do not apply if-

(i) This solicitaƟon includes a trade agreements cerƟficaƟon (e.g., 52.212-3(g) or a comparable agency provision); and

(ii) The offeror has cerƟfied that all the offered products to be supplied are designated country end products.

(p) Ownership or Control of Offeror. (Applies in all solicitaƟons when there is a requirement to be registered in SAM or a requirement to have a unique enƟty idenƟfier in the solicitaƟon).

(1) The Offeror represents that it □ has or □ does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each parƟcipant in the joint venture.

(2) If the Offeror indicates "has" in paragraph (p)(1) of this provision, enter the following informaƟon:

Immediate owner CAGE code: ____________________.

Immediate owner legal name: _____________________.

(Do not use a "doing business as" name) Is the immediate owner owned or controlled by another enƟty: □ Yes or □ No.

(3) If the Offeror indicates "yes" in paragraph (p)(2) of this provision, indicaƟng that the immediate owner is owned or controlled by another enƟty, then enter the following informaƟon:

Highest-level owner CAGE code: __________________.

Highest-level owner legal name: ___________________.

(Do not use a "doing business as" name)

(q) RepresentaƟon by CorporaƟons Regarding Delinquent Tax Liability or a

Felony ConvicƟon under any Federal Law.

(1) As required by secƟons 744 and 745 of Division E of the Consolidated and Further

ConƟnuing AppropriaƟons Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriaƟons acts, The Government will not enter into a contract with any corporaƟon that–

(i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administraƟve remedies have been exhausted or have lapsed, and that is not being paid in a Ɵmely manner pursuant to an agreement with the authority responsible for collecƟng the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporaƟon and made a determinaƟon that suspension or debarment is not necessary to protect the interests of the Government; or

(ii) Was convicted of a felony criminal violaƟon under any Federal law within the preceding 24 months, where the awarding agency is aware of the convicƟon, unless an agency has considered suspension or debarment of the corporaƟon and made a determinaƟon that this acƟon is not necessary to protect the interests of the

Government.

(2) The Offeror represents that–

(i) It is □ is not □ a corporaƟon that has any unpaid Federal tax liability that has been assessed, for which all judicial and administraƟve remedies have been exhausted or have lapsed, and that is not being paid in a Ɵmely manner pursuant to an agreement with the authority responsible for collecƟng the tax liability; and

(ii) It is □ is not □ a corporaƟon that was convicted of a felony criminal violaƟon under a

Federal law within the preceding 24 months.

(r) Predecessor of Offeror. (Applies in all solicitaƟons that include the provision at 52.204-16, Commercial and Government EnƟty Code ReporƟng.)

(1) The Offeror represents that it □ is or □ is not a successor to a predecessor that held a Federal contract or grant within the last three years.

(2) If the Offeror has indicated "is" in paragraph (r)(1) of this provision, enter the following informaƟon for all predecessors that held a Federal contract or grant within the last three years (if more than one predecessor, list in reverse chronological order):

Predecessor CAGE code: (or mark "Unknown").

Predecessor legal name: ____.

(Do not use a "doing business as" name).

(s) [Reserved].

(t) Public Disclosure of Greenhouse Gas Emissions and ReducƟon Goals. Applies in all solicitaƟons that require offerors to register in SAM (12.301(d)(1)).

(1) This representaƟon shall be completed if the Offeror received $7.5 million or more in contract awards in the prior Federal fiscal year. The representaƟon is opƟonal if the Offeror received less than $7.5 million in Federal contract awards in the prior

Federal fiscal year.

(2) RepresentaƟon. [Offeror to check applicable block(s) in paragraph (t)(2)(i) and (ii)].

(i) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose greenhouse gas emissions, i.e., makes available on a publicly accessible website the results of a greenhouse gas inventory, performed in accordance with an accounƟng standard with publicly available and consistently applied criteria, such as the Greenhouse Gas Protocol Corporate Standard.

(ii) The Offeror (itself or through its immediate owner or highest-level owner) □ does, □ does not publicly disclose a quanƟtaƟve greenhouse gas emissions reducƟon goal, i.e., make available on a publicly accessible website a target to reduce absolute emissions or emissions intensity by a specific quanƟty or percentage.

(iii) A publicly accessible website includes the Offeror's own website or a recognized, third-party greenhouse gas emissions reporƟng program.

(3) If the Offeror checked "does" in paragraphs (t)(2)(i) or (t)(2)(ii) of this provision, respecƟvely, the Offeror shall provide the publicly accessible website(s) where greenhouse gas emissions and/or reducƟon goals are reported:____________.

(u)

(1) In accordance with secƟon 743 of Division E, Title VII, of the Consolidated and

Further ConƟnuing AppropriaƟons Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriaƟons acts (and as extended in conƟnuing resoluƟons), Government agencies are not permiƩed to use appropriated (or otherwise made available) funds for contracts with an enƟty that requires employees or subcontractors of such enƟty seeking to report waste, fraud, or abuse to sign internal confidenƟality agreements or statements prohibiƟng or otherwise restricƟng such employees or subcontractors from lawfully reporƟng such waste, fraud, or abuse to a designated invesƟgaƟve or law enforcement representaƟve of a Federal department or agency authorized to receive such informaƟon.

(2) The prohibiƟon in paragraph (u)(1) of this provision does not contravene requirements applicable to Standard Form 312 (Classified InformaƟon Nondisclosure

Agreement), Form 4414 (SensiƟve Compartmented InformaƟon Nondisclosure

Agreement), or any other form issued by a Federal department or agency governing the nondisclosure of classified informaƟon.

(3) RepresentaƟon. By submission of its offer, the Offeror represents that it will not require its employees or subcontractors to sign or comply with internal confidenƟality agreements or statements prohibiƟng or otherwise restricƟng such employees or subcontractors from lawfully reporƟng waste, fraud, or abuse related to the performance of a Government contract to a designated invesƟgaƟve or law enforcement representaƟve of a Federal department or agency authorized to receive such informaƟon (e.g., agency Office of the Inspector General).

(v) Covered TelecommunicaƟons Equipment or Services-RepresentaƟon. SecƟon

889(a)(1)(A) and secƟon 889 (a)(1)(B) of Public Law 115-232.

(1) The Offeror shall review the list of excluded parƟes in the System for Award Management

(SAM) (hƩps://www.sam.gov) for enƟƟes excluded from receiving federal awards for "covered telecommunicaƟons equipment or services".

(2) The Offeror represents that–

(i) It □ does, □ does not provide covered telecommunicaƟons equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument.

(ii) AŌer conducƟng a reasonable inquiry for purposes of this representaƟon, that it □ does, □ does not use covered telecommunicaƟons equipment or services, or any equipment, system, or service that uses covered telecommunicaƟons equipment or services.

(End of Provision) Alternate I (Feb 2024). As prescribed in 12.301 (b)(2), add the following paragraph (c)(12) to the basic provision:

(12) (Complete if the offeror has represented itself as disadvantaged in paragraph (c)(5) of this provision.)

□ Black American.

□ Hispanic American.

□ NaƟve American (American Indians, Eskimos, Aleuts, or NaƟve Hawaiians).

□ Asian-Pacific American (persons with origins from Burma, Thailand, Malaysia, Indonesia, Singapore, Brunei, Japan, China, Taiwan, Laos, Cambodia (Kampuchea), Vietnam, Korea, The Philippines, Republic of Palau, Republic of the Marshall Islands, Federated States of Micronesia, the Commonwealth of the Northern Mariana Islands, Guam, Samoa, Macao, Hong Kong, Fiji, Tonga, KiribaƟ, Tuvalu, or Nauru).

□ SubconƟnent Asian (Asian-Indian) American (persons with origins from India, Pakistan, Bangladesh, Sri Lanka, Bhutan, the Maldives Islands, or Nepal).

□ Individual/concern, other than one of the preceding.

52.204-24 RepresentaƟon Regarding Certain TelecommunicaƟons and Video

Surveillance Services or Equipment (Nov 2021)

The Offeror shall not complete the representaƟon at paragraph (d)(1) of this provision if the Offeror has represented that it "does not provide covered telecommunicaƟons equipment or services as a part of its offered products or services to the Government in the performance of any contract, subcontract, or other contractual instrument" in paragraph (c)(1) in the provision at 52.204-26, Covered TelecommunicaƟons Equipment or Services—RepresentaƟon, or in paragraph (v)(2)(i) of the provision at 52.212-3, Offeror RepresentaƟons and CerƟficaƟons-

Commercial Products or Commercial Services. The Offeror shall not complete the representaƟon in paragraph (d)(2) of this provision if the Offeror has represented that it "does not use covered telecommunicaƟons equipment or services, or any equipment, system, or service that uses covered telecommunicaƟons equipment or services" in paragraph (c)(2) of the provision at 52.204-26, or in paragraph (v)(2)(ii) of the provision at 52.212-3.

(a) DefiniƟons. As used in this provision— Backhaul, covered telecommunicaƟons equipment or services, criƟcal technology, interconnecƟon arrangements, reasonable inquiry, roaming, and substanƟal or essenƟal component have the meanings provided in the clause 52.204-25, ProhibiƟon on ContracƟng for Certain TelecommunicaƟons and Video Surveillance Services or Equipment.

(b) ProhibiƟon.

(1) SecƟon 889(a)(1)(A) of the John S. McCain NaƟonal Defense AuthorizaƟon Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an execuƟve agency on or aŌer

August 13, 2019, from procuring or obtaining, or extending or renewing a contract to procure or obtain, any equipment, system, or service that uses covered telecommunicaƟons equipment or services as a substanƟal or essenƟal component of any system, or as criƟcal technology as part of any system. Nothing in the prohibiƟon shall be construed to—

(i) Prohibit the head of an execuƟve agency from procuring with an enƟty to provide a service that connects to the faciliƟes of a third-party, such as backhaul, roaming, or interconnecƟon arrangements; or

(ii) Cover telecommunicaƟons equipment that cannot route or redirect user data traffic or cannot permit visibility into any user data or packets that such equipment transmits or otherwise handles.

(2) SecƟon 889(a)(1)(B) of the John S. McCain NaƟonal Defense AuthorizaƟon Act for

Fiscal Year 2019 (Pub. L. 115-232) prohibits the head of an execuƟve agency on or aŌer

August 13, 2020, from entering into a contract or extending or renewing a contract with an enƟty that uses any equipment, system, or service that uses covered telecommunicaƟons equipment or services as a substanƟal or essenƟal component of any system, or as criƟcal technology as part of any system. This prohibiƟon applies to the use of covered telecommunicaƟons equipment or services, regardless of whether that use is in performance of work under a Federal contract. Nothing in the prohibiƟon shall be construed to—

(i) Prohibit the head of an execuƟve agency from procuring with an enƟty to provide a service that connects to the faciliƟes of a third-party, such as backhaul, roaming, or interconnecƟon arrangements; or

(…