FAR 52.209-2 - Prohibition on Contracting with Inverted Domestic Corporations - Representations

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Contents

Prescribed in 9.108-5(a)

Effective Date:1 May 2011
Clause or Provision:Clause
Provision or Clause Number: 52.209-2 - Prohibition on Contracting with Inverted Domestic Corporations - Representations

Principle Type And/Or Purpose of Contract:
Required:
Applicable:Time and Materials/Labor Hour; 
Optional:
Subject:Inverted Domestic Corporations
ProcurementType:
Contract Threshold:
Prescription Overview:

Prescription

When using funds appropriated in Fiscal Year 2008 through Fiscal Year 2010 or in Fiscal Year 2012, unless waived in accordance with FAR 9.108-4, the contracting officer shall—

(a) Include the provision at 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations—Representation, in each solicitation for the acquisition of products or services (including construction); and

(b) Include the clause at 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations, in each solicitation and contract for the acquisition of products or services (including construction).

Clause Overview:

Clause

(a) Definitions

Inverted domestic corporation and subsidiary have the meaning given in the clause of this contract entitled Prohibition on Contracting with Inverted Domestic Corporations (52.209-10).

(b) Relation to Internal Revenue Code

An inverted domestic corporation as herein defined does not meet the definition of an inverted domestic corporation as defined by the Internal Revenue Code at 26 U.S.C. 7874.

(c) Representation

By submission of its offer, the offeror represents that—

  • (1) It is not an inverted domestic corporation; and
  • (2) It is not a subsidiary of an inverted domestic corporation.
Important Notes/Requirements:
Subcontract Threshold:
Incorporated by Reference:Yes
Uniform Contract Format:
Editor:Marshall

Personal notes.