Prescribed in 4.1202

Prescription

Except for commercial item solicitations issued under FAR part 12, insert in solicitations the provision at 52.204-8, Annual Representations and Certifications. The contracting officer shall check the applicable provisions at 52.204-8(c)(

Provision

52.204-8 Annual Representations and Certifications^[1]

(a)(1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code].

(2) The small business size standard is _____________ [insert size standard].

(3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees.

(b)(1) If the clause at 52.204-7, Central Contractor Registration, is included in this solicitation, paragraph (d) of this provision applies.

(2) If the clause at 52.204-7 System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes:

[ ] (i) Paragraph (d) applies. [ ] (ii) Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation.

(c)(1) The following representations or certifications in SAM are applicable to this solicitation as indicated:

(i) 52.203-2, Certificate of Independent Price Determination

This provision applies to solicitations when a firm-fixed price contract or fixed-price contract with economic price adjustment is contemplated, unless—

• (A) The acquisition is to be made under the simplified acquisition procedures in Part 13;

• (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or

• (C) The solicitation is for utility services for which rates are set by law or regulation.

(ii) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions

This provision applies to solicitations expected to exceed $150,000.

===(iii) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations

(iv)52.204-3, Taxpayer Identification===

This provision applies to solicitations that do not include the clause at 52.204-7, Central Contractor Registration.

(v) 52.204-5, Women-Owned Business (Other Than Small Business)

This provision applies to solicitations that—

• (A) Are not set aside for small business concerns;

• (B) Exceed the simplified acquisition threshold; and

• (C) Are for contracts that will be performed in the United States or its outlying areas.

(vi) 52.204-26, Covered Telecommunications Equipment or Services-Representation.

This provision applies to all solicitations.

(vii) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.

(viii) 52.209-5, Certification Regarding Responsibility Matters

This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold.

(vii) 52.214-14, Place of Performance—Sealed Bidding

This provision applies to invitations for bids except those in which the place of performance is specified by the Government.

(viii) 52.215-6, Place of Performance

This provision applies to solicitations unless the place of performance is specified by the Government.

(ix) 52.219-1, Small Business Program Representations

(Basic & Alternate I). This provision applies to solicitations when the contract will be performed in the United States or its outlying areas.

• (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard.
• (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard.

(x) 52.219-2, Equal Low Bids

This provision applies to solicitations when contracting by sealed bidding and the contract will be performed in the United States or its outlying areas.

(xi) 52.222-22, Previous Contracts and Compliance Reports

This provision applies to solicitations that include the clause at 52.222-26, Equal Opportunity.

(xii) 52.222-25, Affirmative Action Compliance

This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26, Equal Opportunity.

(xiii) 52.222-38, Compliance with Veterans

Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial items.

(xiv) 52.223-1, Biobased Product Certification

This provision applies to solicitations that require the delivery or specify the use of USDA–designated items; or include the clause at 52.223-2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts.

(xv) 52.223-4, Recovered Material Certification

This provision applies to solicitations that are for, or specify the use of, EPA–designated items.

(xvi) 52.225-2, Buy American Act Certificate

This provision applies to solicitations containing the clause at 52.225-1.

(xvii) 52.225-4, Buy American Act—Free Trade Agreements—Israeli Trade Act Certificate

(Basic, Alternates I, II, and III.) This provision applies to solicitations containing the clause at 52.225-3.

• (A) If the acquisition value is less than $25,000, the basic provision applies.
• (B) If the acquisition value is $25,000 or more but is less than $50,000, the provision with its Alternate I applies.
• (C) If the acquisition value is $50,000 or more but is less than $77,494, the provision with its Alternate II applies.
• (D) If the acquisition value is $77,494 or more but is less than $100,000, the provision with its Alternate III applies.

(xviii) 52.225-6

(xviii) 52.225-6, Trade Agreements Certificate

This provision applies to solicitations containing the clause at 52.225-5.

(xix) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan—Certification

This provision applies to all solicitations.

(xx) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications

This provision applies to all solicitations.

(xxi) 52.226-2, Historically Black College or University and Minority Institution Representation

This provision applies to—

• (A) Solicitations for research, studies, supplies, or services of the type normally acquired from higher educational

institutions; and

• (B) For DoD, NASA, and Coast Guard acquisitions, solicitations that contain the clause at 52.219-23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns.

(2) The following certifications are applicable as indicated by the Contracting Officer:

[Contracting Officer check as appropriate.]

• __ (i) 52.219-22, Small Disadvantaged Business Status.

__ (A) Basic. __ (B) Alternate I.

• __ (ii) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
• __ (iii) 52.222-48, Exemption from Application of the Service Contract Act to Contracts for Maintenance, Calibration,

or Repair of Certain Equipment Certification.

• __ (iv) 52.222-52, Exemption from Application of the Service Contract Act to Contracts for Certain Services–

Certification.

• __ (v) 52.223-9, with its Alternate I, Estimate of Percentage of Recovered Material Content for EPA–Designated

Products (Alternate I only).

• __ (vi) 52.227-6, Royalty Information.

__ (A) Basic. __(B) Alternate I.

• __ (vii) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.

(d) The offeror has completed the annual representations and certifications electronically via the Online Representations and Certifications Application (ORCA) website accessed through https://www.acquisition.gov. After reviewing the ORCA database information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (includ-(FAC solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201); except for the changes identified below [offeror to insert changes, identifying change by clause number, title, date]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on ORCA.

References & Notes

1. ↑ As prescribed in 4.1202, (DEC 2012)

Insert when applicable in all contracts except for commercial item contracts.

252.204-7007 Alternate A, Annual Representations and Certifications prescribes a new paragraph ( c).

Editorial changes were made and notice sent in Federal Register Nov, 17, 2014. These changes have not been captured.