Attachment 4 FAR 52.212-3 Offeror Representations.pdf
PDF 8 MB Posted
- Solicitation number
- HQC00526RE007
- Issued by
-
Defense Commissary Agency
About this file
This is Attachment 4 to a federal solicitation containing FAR clause 52.212-3, Offeror Representations and Certifications for Commercial Products and Commercial Services (May 2024 version). The attachment is a template requiring offerors to complete various representations and certifications based on their business status and the nature of the solicitation.
The provision establishes two completion pathways: offerors who have completed annual representations and certifications electronically in the System for Award Management (SAM) need only complete paragraph (b), while those without SAM certifications must complete paragraphs (c) through (v). The clause defines numerous terms including small business concern, economically disadvantaged women-owned small business (EDWOSB), service-disabled veteran-owned small business (SDVOSB), women-owned small business (WOSB), inverted domestic corporation, manufactured end product, and sensitive technology. Section (c) requires representations regarding small business status, veteran-owned status, disadvantaged business status, women-owned status, and HUBZONE status, with separate representations for joint ventures where applicable. Section (f) addresses Buy American requirements, requiring offerors to certify domestic end products and identify any foreign end products by line item, country of origin, and domestic content percentage. Section (g) covers Free Trade Agreements and Israeli Trade Act certifications. Additional sections address Executive Order 11246 compliance, lobbying disclosure, responsibility matters including delinquent taxes and criminal history, child labor certifications, Service Contract Labor Standards exemptions, taxpayer identification numbers, restricted business operations in Sudan, inverted domestic corporations, Iran sanctions compliance, ownership and control information, greenhouse gas emissions disclosure, telecommunications equipment restrictions, and whistleblower protections. The template includes specific checkboxes and fill-in fields for demographic classification, organizational type, ownership structure, and predecessor information.
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ATTACHMENT 4
52.212-3 Offeror Representations and Certifications-Commercial Products and Commercial Services.
As prescribed in 12.301(b)(2), insert the following provision:
O./feror Representations and Certifications-Commercial Products and Commercial Services (May 2024)
The O./feror shall complete only paragraph (b) of this provision if the O./feror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through htms:/ /www.sam.gov. If the O./feror has not completed the annual representations and certifications electronically, the O./feror shall complete only paragraphs (c) through (v) of this provision.
(a) Definitions. As used in this provision-
Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications 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 unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR P-art 127, and the concern is certified by SBA or an approved third party certifier in accordance with 13 CFR 127.300. It automatically 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 penalties.
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.
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 ).
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;
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