Exhibit J GSAR 5522-70-33 Foreign Ownership and Financing Representation for High-Security Leased Space.pdf
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- Solicitation number
- DACW515260008800
About this file
This is a federal contracting form (GSAR 552.270-33) requiring foreign ownership and financing representations for high-security leased space. The form applies to General Services Administration (GSA) real estate leases and serves as a template for offerors and lessors to disclose foreign interests in leased properties.
The form requires three distinct representations: initial submission by offerors when proposing leased space, annual updates by successful lessors reflecting changes to ownership and financing, and submissions by transferees seeking lease novation under FAR 42.1204. Offerors and lessors must disclose information regarding immediate owners, highest-level owners, and financing entities, specifically identifying whether these parties are foreign entities or foreign persons. The definitions section establishes that foreign entities include non-U.S. corporations and governmental instrumentalities, while foreign persons are non-U.S. citizens or non-permanent residents. Required disclosures include legal names, unique entity identifiers, physical addresses, and countries of origin for any foreign owners or financing sources. The offeror or lessor bears responsibility for currency, accuracy, and completeness of all disclosed data, with liability extending to the Government's reliance on inaccurate or incomplete information. Annual representations must be submitted via GSA's Real Estate Tax portal (ret.gsa.gov) to the Assigned Lease Contracting Officer, beginning one year after the lease term effective date and continuing through final contract payment.
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LESSOR:_____ GOVERNMENT:_____ GSAR 552.270-33 Foreign Ownership and Financing Representation for High-Security Leased Space JUN 2021
Offerors� Initial Representation: Complete the representation below, sign and return to the LCO or his/her designee. NOTE: The "Offeror," as used on this form, is the owner of the property offered, not an individual or agent representing the owner.
Lessors� Representation: Complete the annual representation below, sign and return to the ALCO or his/her designee via GSA�s Real Estate Tax portal at ret.gsa.gov, or subsequent portal.
Novation Transferees� Representation: Complete the representation below, sign and return to the ALCO or his/her designee along with other required novation documentation.
552.270-33 Foreign Ownership and Financing Representation for High-Security Leased Space.
FOREIGN OWNERSHIP AND FINANCING REPRESENTATION FOR HIGH-
SECURITY LEASED SPACE (JUN 2021)
(a) Definitions. As used in this clause�
Financing means the process of raising or providing funds through debt or equity for purposes of meeting the requirements of the Lease, including, but not limited to, acquisition, maintenance, and construction of, or improvements to, the Property.
Foreign entity means a:
(i) Corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group that is headquartered or organized under the laws of a country that is not the United States or a state, local government, tribe, or territory within the United States; or
(ii) Government or governmental instrumentality that is not the United States Government.
Foreign person means an individual who is not:
(i) A United States citizen; or
(ii) An alien lawfully admitted for permanent residence in the United States.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror or Lessor, or that owns or controls one or more entities that control an immediate owner of the offeror or Lessor. No entity owns or exercises control of the highest-level owner.
Immediate owner means an entity, other than the offeror or Lessor, that has direct control of the offeror or Lessor. Indicators of control include, but are not limited to, one or more of the following: ownership or interlocking management, identity of interests
Leased Space JUN 2021 among family members, shared facilities and equipment, and the common use of employees.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.
(b) Timing. The Offeror or Lessor shall complete this representation when submitting a proposal. If the Offeror is the successful awardee, the Offeror (now Lessor) shall review, update, and provide this representation on an annual basis, reflecting all changes to immediate owner, highest-level owner and financing during the preceding 1-year period, starting one year from the Lease Term Effective Date through final payment of any contract. If the Lessor intends to transfer the lease to a successor in interest under the circumstances set forth in FAR 42.1204, the Lessor shall submit this representation to the Lease Contracting Officer with any request to novate the lease. The Offeror or Lessor is responsible for the currency, accuracy and completeness of the data disclosed, and for any liability resulting from the Government's reliance on inaccurate or incomplete data.
(c) Immediate owner.
owner.
(2) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then enter the following information for the immediate owner. If the offeror or Lessor has more than one immediate owner (e.g., joint venture), then the offeror or Lessor shall provide the information for each entity.
Legal name (do not use a �doing business as� name)
Unique entity identifier (if available)
(3) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then complete this additional representation: Is the immediate owner a foreign entity?:
(4) If the Offeror or Lessor indicates "does" in paragraph (c)(1) of this clause, then complete this additional representation: Is the immediate owner a foreign person?:
(5) If the Offeror or Lessor indicates "Yes" in either paragraph (c)(3) or (4) of this clause, indicating that there is foreign ownership (as a foreign entity or foreign person), then enter the following information for the foreign owner (respond for each as applicable).
Leased Space JUN 2021
Physical address
Country
(d) Highest-level owner.
(1) The Offeror or Lessor represents that the immediat��������������������������������� owned or controlled by another entity?
(2) If the Offeror or Lessor indicates "is" in paragraph (d)(1) of this clause, indicating that the immediate owner is owned or controlled by another entity, then enter the following information for the highest-level owner.
Legal name (do not use a �doing business as� name)
Unique entity identifier (if available)
(3) If the Offeror or Lessor indicates "is" in paragraph (d)(1) of this clause, then complete this additional representation: Is the highest-level owner a foreign entity?:
(4) If the Offeror or Lessor indicates "is" in paragraph (d)(1) of this clause, then complete this additional representation: Is the highest-level owner a foreign person?:
(5) If the Offeror or Lessor indicates "Yes" in either paragraph (d)(3) or (4) of this clause, indicating that there is foreign ownership (as a foreign entity or foreign person), then enter the following information for the foreign owner (respond for each as applicable).
Physical address
Country
(e) Financing entity.
(1) The Offeror or Lessor represents that the �������������������������������������� a foreign entity?
a foreign person?
(3) If the Offeror or Lessor indicates "does" in either paragraph (e)(1) or (2) of this clause, indicating foreign financing (as a foreign entity or foreign person), then enter the following information for the foreign financing (respond for each as applicable).
Legal name (do not use a �doing business as� name)
Leased Space JUN 2021
Unique entity identifier (if available)
Physical address
Country
(End of clause)
OFFEROR OR
LESSOR NAME
AND SIGNATURE
Name
Signature
Date
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