RLP 5TX0492-Exhibit I_GSAR Representation 552.270-33.pdf
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- Attached to
- The Government is seeking a minimum of 35, 599 to a maximum of 36, 700 ABOA SF of office and related space
- Solicitation number
- 5TX0942
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GSAR 552.270-33 Foreign Ownership and Financing Representation for High-Security Leased Space
This is a federal contracting form and clause (GSAR 552.270-33) that requires lessors and offerors to disclose foreign ownership and financing arrangements related to high-security leased space properties. The form applies to three scenarios: initial offeror representations during proposal submission, annual lessor representations during lease performance, and novation transferee representations when transferring leases to successors in interest.
The clause establishes comprehensive disclosure requirements regarding immediate owners, highest-level owners, and financing entities. Offerors and lessors must represent whether they have an immediate owner and, if so, provide the owner's legal name and unique entity identifier, then disclose whether that immediate owner is a foreign entity or foreign person. For immediate owners that are themselves owned or controlled by other entities, the lessor must identify the highest-level owner and disclose any foreign ownership at that level. Additionally, lessors must disclose whether lease financing involves foreign entities or foreign persons, providing legal names, unique entity identifiers, physical addresses, and countries of origin for any foreign financing sources. The representations must be current, accurate, and complete, with lessors bearing responsibility for any liability arising from the Government's reliance on inaccurate or incomplete disclosures. Annual updates are required from the lease term effective date through final payment, and all representations must be signed and submitted to the Lease Contracting Officer or Administrative Lease Contracting Officer via GSA's Leasing Portal.
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LESSOR:_____ GOVERNMENT:_____ GSAR 552.270-33 Foreign Ownership and Financing Representation for High-Security Leased Space JUN 2021 – Updated Template 11/12/2024
Offerors’ Initial Representation: Complete the representation below, sign and return to the Lease Contracting Officer (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 Administrative Lease Contracting Officer (ALCO) or his/her designee via GSA’s Leasing Portal at leasing.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
Leased Space JUN 2021 – Updated 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.
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.
(1) The Offeror or Lessor represents that it □ does or □ does not have an immediate 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?:
□ Yes or □ No.
(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?:
□ Yes or □ No.
(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 – Updated
Physical address
Country
(d) Highest-level owner.
(1) The Offeror or Lessor represents that the immediate owner, if any, □ is or □ is not 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.
(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?:
□ Yes or □ No.
(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?:
□ Yes or □ No.
(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).
(e) Financing entity.
(1) The Offeror or Lessor represents that the financing □ does or □ does not involve a foreign entity?
(2) The Offeror or Lessor represents that the financing □ does or □ does not involve 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).
Leased Space JUN 2021 – Updated
(End of clause)
OFFEROR OR
LESSOR NAME
AND SIGNATURE
Name
Signature
Date
File details come from the government source that posted it. Updated .