52.212-3  Offeror Representations and Certifications--Commercial Items.

9.  Revise section 52.212-3 by--

a.  Revising the date of the provision;

b.  In paragraph (a), adding, in alphabetical order, the definition "Sensitive technology"; and

c.  Revising paragraph (o).

The revised and added text reads as follows:

52.212-3  Offeror Representations and Certifications--Commercial Items.

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Offer Representations and Certifications--Commercial Items (NOV 2011)

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(a)  Definitions. * * *

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Sensitive technology--

(1)  Means hardware, software, telecommunications equipment, or any other technology that is to be used specifically--

(i)  To restrict the free flow of unbiased information in Iran; or

(ii)  To disrupt, monitor, or otherwise restrict speech of the people of Iran; and

(2)  Does not include information or informational materials the export of which the President does not have the authority to regulate or prohibit pursuant to section 203(b)(3) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)(3)).

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(o)  Sanctioned activities relating to Iran.

(1)  The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov.

(2)  Representation and Certification. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror--

(i)  Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; and

(ii)  Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act.

(3)  The representation and certification requirements of paragraph (o)(2) of this provision do not apply if--

(i)  This solicitation includes a trade agreements certification (e.g., 52.212-3(g) or a comparable agency provision); and

(ii)  The offeror has certified that all the offered products to be supplied are designated country end products.

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