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Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.4.1202 Solicitation provision and contract clause

Current as of October 02, 2022 | Updated by FindLaw Staff

(a) Insert the provision at 52.204–8, Annual Representations and Certifications, in solicitations, except for commercial item solicitations issued under FAR part 12. The contracting officer shall check the applicable provisions at 52.204–8(c)(2). Use the provision with its Alternate I in solicitations issued after October 1, 2022, that will result in a multiple-award contract with more than one North American Industry Classification System code assigned (see 19.102(b)). When the provision at 52.204–7, System for Award Management, is included in the solicitation, do not separately include the following representations and certifications:

(1) 52.203–2, Certificate of Independent Price Determination.

(2) 52.203–11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.

(3) 52.203–18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements—Representation.

(4) 52.204–3, Taxpayer Identification.

(5) 52.204–5, Women–Owned Business (Other Than Small Business).

(6) 52.204–17, Ownership or Control of Offeror.

(7) 52.204–20, Predecessor of Offeror.

(8) 52.204–26, Covered Telecommunications Equipment or Services—Representation.

(9) 52.209–2, Prohibition on Contracting with Inverted Domestic Corporations—Representation.

(10) 52.209–5, Certification Regarding Responsibility Matters.

(11) 52.209–11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.

(12) 52.214–14, Place of Performance—Sealed Bidding.

(13) 52.215–6, Place of Performance.

(14) 52.219–1, Small Business Program Representations (Basic, Alternates I, and II).

(15) 52.219–2, Equal Low Bids.

(16) [Reserved by 79 FR 61750]

(17) 52.222–18, Certification Regarding Knowledge of Child Labor for Listed End Products.

(18) 52.222–22, Previous Contracts and Compliance Reports.

(19) 52.222–25, Affirmative Action Compliance.

(20) 52.222–38, Compliance with Veterans' Employment Reporting Requirements.

(21) 52.222–48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment–Certification.

(22) 52.222–52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services—Certification.

(23) 52.223–1, Biobased Product Certification.

(24) 52.223–4, Recovered Material Certification.

(25) 52.223–9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (Alternate I only).

(26) 52.223–22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation.

(27) 52.225–2, Buy American Certificate.

(28) 52.225–4, Buy American—Free Trade Agreements—Israeli Trade Act Certificate (Basic, Alternates I, II, and III).

(29) 52.225–6, Trade Agreements Certificate.

(30) 52.225–20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification.

(31) 52.225–25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications.

(32) 52.226–2, Historically Black College or University and Minority Institution Representation.

(33) 52.227–6, Royalty Information (Basic & Alternate I).

(34) 52.227–15, Representation of Limited Rights Data and Restricted Computer Software.

(b) The contracting officer shall insert the clause at 52.204–19, Incorporation by Reference of Representations and Certifications, in solicitations and contracts.

Editorial Note:  82 FR 51775 "F. Applicability" provides, in part, that "This rule applies to solicitations issued and contracts awarded before, on, or after October 25, 2016—i.e., the effective date of the final FAR rule published in the Federal Register at 81 FR 58562 on August 25, 2016. All clauses identified in the final FAR rule are unenforceable by law and considered to have never taken effect, even if they were included in a contract. Contracting officers are directed to modify, to the maximum extent practicable, existing contracts to remove any solicitation provisions and contract clauses related to the Fair Pay and Safe Workplaces rule because they are unenforceable by law."

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Cite this article: FindLaw.com - Code of Federal Regulations Title 48. Federal Acquisition Regulations System 48.4.1202 Solicitation provision and contract clause - last updated October 02, 2022 | https://codes.findlaw.com/cfr/title-48-federal-acquisition-regulations-system/cfr-48-4-1202/

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