Low RiskFARGeneral

52.212-3Offeror Representations and Certifications—Commercial Products and Commercial Services.

Researched by the BidStride Research Team

What This Clause Requires

FAR 52.212-3 — Offeror Representations and Certifications—Commercial Products and Commercial Services.. This clause is part of the Federal Acquisition Regulation and may be included in government contracts as a solicitation provision or contract clause.

Official Regulation Text

52.212-3 Offeror Representations and Certifications—Commercial Products and Commercial Services. As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications—Commercial Products and Commercial Services (OCT 2025) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov. If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision. (a) Definitions. As used in this provision— Covered telecommunications equipment or services has the meaning provided in the clause 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. Economically disadvantaged women-owned small business (EDWOSB) concern means a small business concern that is at least 51 percent directly and unconditionally owned by, and the management and daily business operations of which are controlled by, one or more women who are citizens of the United States and who are economically disadvantaged in accordance with 13 CFR part 127, and the concern is certified by SBA or an approved third-party certifier in accordance with 13 CFR 127.300. It automatically qualifies as a women-owned small business eligible under the WOSB Program. Forced or indentured child labor means all work or service— (1) Exacted from any person under the age of 18 under the menace of any penalty for its nonperformance and for which the worker does not offer himself voluntarily; or (2) Performed by any person under the age of 18 pursuant to a contract the enforcement of which can be accomplished by process or penalties. Highest-level owner means the entity that owns or controls an immediate owner of the offeror, or that owns or controls one or more entities that

Source: eCFR, 48 CFR 52.212-3 (https://www.ecfr.gov/current/title-48/section-52.212-3)

Compliance Checklist

  • As prescribed in 12.301(b)(2), insert the following provision: Offeror Representations and Certifications—Commercial Products and Commercial Services (OCT 2025) The Offeror shall complete only paragraph (b) of this provision if the Offeror has completed the annual representations and certification electronically in the System for Award Management (SAM) accessed through https://www.sam.gov.
  • If the Offeror has not completed the annual representations and certifications electronically, the Offeror shall complete only paragraphs (c) through (v) of this provision.
  • ] (c) Offerors must complete the following representations when the resulting contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000(b)(1)(ii).
  • [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] (2) Veteran-owned small business concern.
  • ] [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] (5) Small disadvantaged business concern.
  • [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] (8) Economically disadvantaged women-owned small business (EDWOSB) joint venture.
  • [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Note to paragraphs ( c )(9) and (10): Complete paragraphs (c)(9) and (10) only if this solicitation is expected to exceed the simplified acquisition threshold.
  • [ The offeror shall enter the name and unique entity identifier of each party to the joint venture: __.] Each HUBZone small business concern participating in the HUBZone joint venture shall provide representation of its HUBZone status.
  • (d) Representations required to implement provisions of Executive Order 11246— (1) Previous contracts and compliance.
  • The offeror represents that— (i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal Opportunity clause of this solicitation; and (ii) It □ has, □ has not filed all required compliance reports.
  • The offeror represents that— (i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of Labor (41 CFR parts 60-1 and 60-2), or (ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
  • If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants.
  • (ii) The Offeror shall list as foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
  • For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except for those that are COTS items.
  • (iii) The Offeror shall separately list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
  • Country of origin [List as necessary] (iii) The Offeror shall list those supplies that are foreign end products (other than those listed in paragraph (g)(1)(ii) of this provision) as defined in the clause of this solicitation entitled “Buy American—Free Trade Agreements—Israeli Trade Act.” The Offeror shall list as other foreign end products those end products manufactured in the United States that do not qualify as domestic end products.
  • Country of origin Exceeds 55% domestic content (yes/no) [List as necessary] (iv) The Offeror shall list the line item numbers of domestic end products that contain a critical component (see FAR 25.105).
  • (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products.
  • A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required.
  • The taxpayer is not delinquent because the taxpayer is not currently required to make full payment.

Flow-Down to Subcontractors

Flow-down required

This clause must be included in subcontracts with no subcontractors where the subcontractor will perform work covered by this clause. Typically appears in contract Section Section I.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.