Attachment 4 FAR 52.212-3 Offeror Representations.pdf

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Cardboard and Plastic Recycling at Hawaii Commissaries
Solicitation number
HQC00526RE007-2
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This is a Federal Acquisition Regulation (FAR) clause document containing Offeror Representations and Certifications for Commercial Products and Commercial Services (52.212-3, May 2024).

The document is a template and instructions for offerors responding to federal solicitations for commercial items. It specifies that offerors must complete either paragraph (b) if they have filed annual representations and certifications in the System for Award Management (SAM), or paragraphs (c) through (v) if they have not. The provision requires extensive representations and certifications covering small business status (including veteran-owned, women-owned, economically disadvantaged women-owned, and HUBZone designations), compliance with equal opportunity and affirmative action requirements, buy American and trade agreement certifications, domestic content requirements for manufactured end products, service contract labor standards, delinquent tax liability and criminal convictions, child labor prohibitions, restricted business operations in Sudan, inverted domestic corporation status, Iran sanctions compliance, sensitive technology restrictions, and covered telecommunications equipment or services restrictions. Additional representations address executive order compliance regarding greenhouse gas emissions disclosure and whistleblower protections. The document includes detailed definitions and conditional requirements that vary based on the nature of the solicitation, contract value, and specific procurement regulations applicable to each solicitation. Offerors must provide company ownership information, predecessor contract history, and various certifications regarding their eligibility and compliance with federal requirements.

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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;

File details come from the government source that posted it. Updated .