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Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.204.2103 Procedures

Current as of January 02, 2025 | Updated by Findlaw Staff

(a) Representations.

(1)(i) If the offeror selects “does not” in response to the provision at DFARS 252.204–7016, the contracting officer may rely on the representation, unless the contracting officer has an independent reason to question the representation. If the contracting officer has a reason to question the “does not” representation in FAR 52.204–26, FAR 52.212–3(v), or 252.204–7016, then the contracting officer shall consult with the requiring activity and legal counsel.

(ii) If the offeror selects “does” in paragraph (c) of the provision at DFARS 252.204–7016, the offeror must complete the representation at DFARS 252.204–7017.

(2)(i) If the offeror selects “will not” in paragraph (d) of the provision at DFARS 252.204–7017, the contracting officer may rely on the representation, unless the contracting officer has an independent reason to question the representation. If the contracting officer has a reason to question the “will not” representation in FAR 52.204–24 or DFARS 252.204–7017, then the contracting officer shall consult with the requiring activity and legal counsel.

(ii) If an offeror selects “will” in paragraph (d) of the provision at DFARS 252.204–7017, the offeror must provide the information required by paragraph (e) of the provision. When an offeror completes paragraph (e) of either of the provisions at FAR 52.204–24 or DFARS 252.204–7017, the contracting officer shall—

(A) Forward the offeror's representation and disclosure information to the requiring activity;  and

(B) Not award to the offeror unless the requiring activity advises—

(1) For equipment, systems, or services that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, that a waiver as described at FAR 4.2104 has been granted;  or

(2) For equipment, systems, or services to be used to carry out covered missions that use covered defense telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system, that a waiver as described at DFARS 204.2104 has been granted.

(b) Reporting. If a contractor reports information to https://dibnet.dod.mil in accordance with the clause at FAR 52.204–25 or DFARS 252.204–7018, the Defense Cyber Crime Center will notify the contracting officer, who will consult with the requiring activity on how to proceed with the contract.

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Cite this article: FindLaw.com - Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.204.2103 Procedures - last updated January 02, 2025 | https://codes.findlaw.com/cfr/title-48-federal-acquisition-regulations-system/cfr-48-204-2103/

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