Digital_Media_Attachment_3_Inv.docx

ATTACHMENT 3

FEDERAL BUREAU OF INVESTIGATION

PROCUREMENT-SENSITIVE

INVERTED DOMESTIC CORPORATIONS CLAUSE AND ACKNOWLEDGEMENT

INVERTED DOMESTIC CORPORATIONS

Section 743(a) of Division D of the Omnibus Appropriations Act 2009, prohibits the Federal Bureau of Investigation from entering into any contract with any foreign incorporated entity which is treated as an inverted domestic corporation under Section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. § 395 (b)) or any subsidiary of such entity. This prohibition does not apply to contracts entered before March 11, 2009, or to any task order issued pursuant to such contracts. The Attorney General shall waive prohibitions in the interest of nation security.

The Contractor under this solicitation warrants that:

· It is not a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395 (b)

· It is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395 (b), but it has submitted a request for a waiver or plans to submit a request for waiver.

A copy of the approved waiver, if a waiver has been granted or the waiver request, if a waiver has been applied for, shall be attached to the bid or proposal.

The Contractor warrants that if at any time after award it discovers it is a foreign incorporated entity that should be treated as an inverted domestic corporation pursuant to 6 U.S.C. § 395 (b) and a waiver was not obtained, the Contractor shall make an immediate and full disclosure in writing to the Contracting Officer. The Government may, however, terminate the contract at no cost to the Government.

Name (Typed or Printed) Name of Company

Position Title

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