B08_Att_09_VIOLATION_OF_ARMS_CONTROL_TREATIES_OR_AGREEMENTS-CERTIFICATION.pdf

52.209-13 VIOLATION OF ARMS CONTROL TREATIES OR AGREEMENTS-

CERTIFICATION (NOV 2021)

(a) This provision does not apply to acquisi�ons at or below the simplified acquisi�on threshold or to acquisi�ons of commercial products and commercial services as defined in Federal Acquisi�on Regula�on 2.101.

(b) Cer�fica�on. [Offeror shall check either (1) or (2).]

__ (1) The Offeror cer�fies that–

(i) It does not engage and has not engaged in any ac�vity that contributed to or was a significant factor in the President's or Secretary of State 's determina�on that a foreign country is in viola�on of its obliga�ons undertaken in any arms control, nonprolifera�on, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonprolifera�on, or disarmament commitments in which the United States is a par�cipa�ng state . The determina�ons are described in the most recent unclassified annual report provided to Congress pursuant to sec�on 403 of the Arms Control and Disarmament Act ( 22 U.S.C. 2593a). The report is available at htps://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-interna�onal-security-affairs/bureau-of-arms-control-verifica�on-and-compliance/; and

(ii) No en�ty owned or controlled by the Offeror has engaged in any ac�vity that contributed to or was a significant factor in the President's or Secretary of State 's determina�on that a foreign country is in viola�on of its obliga�ons undertaken in any arms control, nonprolifera�on, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonprolifera�on, or disarmament commitments in which the United States is a par�cipa�ng state . The determina�ons are described in the most recent unclassified annual report provided to Congress pursuant to sec�on 403 of the Arms Control and Disarmament Act ( 22 U.S.C. 2593a). The report is available at htps://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-interna�onal-security-affairs/bureau-of-arms-control-verifica�on-and-compliance/; or

__ (2) The Offeror is providing separate informa�on with its offer in accordance with paragraph (d)(2) of this provision.

(c) Procedures for reviewing the annual unclassified report (see paragraph (b)(1) of this provision).

For clarity, references to the report in this sec�on refer to the en�rety of the annual unclassified report, including any separate reports that are incorporated by reference into the annual unclassified report.

(1) Check the table of contents of the annual unclassified report and the country sec�on headings of the reports incorporated by reference to iden�fy the foreign countries listed there. Determine whether the Offeror or any person owned or controlled by the Offeror may have engaged in any ac�vity related to one or more of such foreign countries.

(2) If there may have been such ac�vity, review all findings in the report associated with those foreign countries to determine whether or not each such foreign country was determined to be in viola�on of its obliga�ons undertaken in an arms control, nonprolifera�on, or disarmament agreement to which the United States is a party, or to be not adhering to its arms control, nonprolifera�on, or disarmament commitments in which the United States is a par�cipa�ng state . For clarity, in the annual report an explicit cer�fica�on of non-compliance is equivalent to a determina�on of viola�on. However, the following statements in the annual report are not equivalent to a determina�on of viola�on:

(i) An inability to cer�fy compliance.

(ii) An inability to conclude compliance.

(iii) A statement about compliance concerns.

(3) If so, determine whether the Offeror or any person owned or controlled by the Offeror has engaged in any ac�vity that contributed to or is a significant factor in the determina�on in the report that one or more of these foreign countries is in viola�on of its obliga�ons undertaken in an arms control, nonprolifera�on, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonprolifera�on, or disarmament commitments in which the United States is a par�cipa�ng state . Review the narra�ve for any such findings reflec�ng a determina�on of viola�on or non-adherence related to those foreign countries in the report, including the finding itself, and to the extent necessary, the conduct giving rise to the compliance or adherence concerns, the analysis of compliance or adherence concerns, and efforts to resolve compliance or adherence concerns.

(4) The Offeror may submit any ques�ons with regard to this report by email to NDAA1290Cert@state.gov. To the extent feasible, the Department of State will respond to such email inquiries within 3 business days.

(d) Do not submit an offer unless—

(1) A cer�fica�on is provided in paragraph (b)(1) of this provision and submited with the offer; or

(2) In accordance with paragraph (b)(2) of this provision, the Offeror provides with its offer informa�on that the President of the United States has

(i) Waived applica�on under 22 U.S.C. 2593e(d) or (e); or

(ii) Determined under 22 U.S.C. 2593e(g)(2) that the en�ty has ceased all ac�vi�es for which measures were imposed under 22 U.S.C. 2593e(b).

(e) Remedies. The cer�fica�on in paragraph (b)(1) of this provision is a material representa�on of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly submited a false cer�fica�on, in addi�on to other remedies available to the Government, such as suspension or debarment, the Contrac�ng Officer may terminate any contract resul�ng from the false cer�fica�on.

(End of provision)

Offeror Name (Print and Sign) ________________________________________

Company Name____________________________________________________