FAR 52.209-12 Certification Regarding Tax Matters

Solicitation provision Federal Acquisition Regulation Oct 2025 version

Facts

Citation
FAR 52.209-12
Type
Solicitation provision
Current version
October 2025
Prescribed in
FAR 9.104-7(e)
Last amended
90 FR 41872 Effective Oct 1, 2025
Proposed changes
1
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this solicitation provision.

Text

As prescribed in 9.104-7(e), insert the following provision:

Certification Regarding Tax Matters (Oct 2025)

(a) This provision implements section 523 of Division B of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts.

(b) If the Offeror is proposing a total contract price that will exceed $7 million (including options), the Offeror shall certify that, to the best of its knowledge and belief, it

(1) Has [fill-in] filed all Federal tax returns required during the three years preceding the certification;

(2) Has not [fill-in] been convicted of a criminal offense under the Internal Revenue Code of 1986; and

(3) Has not [fill-in], more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(End of provision)

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds 90 FR 41872 · FAC 2025-06, FAR Case 2024-001
Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds 85 FR 62485 · FAC 2021-01, FAR Case 2019-013, Docket No. FAR-2019-0013
Federal Acquisition Regulation: Prohibition on Contracting With Corporations With Delinquent Taxes or a Felony Conviction 80 FR 75903 · FAC 2005-85

Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 9, 27, and 47 91 FR 59584 · FAR Case 2026-011, Docket No. FAR-2026-0011, Sequence No. 1 Closed Oct 19, 2026No final rule found

Quick answers

What is FAR 52.209-12?

FAR 52.209-12 is a solicitation provision of the Federal Acquisition Regulation, titled "Certification Regarding Tax Matters".

What is the current version of FAR 52.209-12?

The current version is dated October 2025.

Where is FAR 52.209-12 prescribed?

It is prescribed in FAR 9.104-7(e), Solicitation provisions and contract clauses.

When was FAR 52.209-12 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds" (90 FR 41872), published Aug 27, 2025 and effective Oct 1, 2025.

Are changes to FAR 52.209-12 proposed?

One proposed change has no final rule yet.

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