---
kind: "section"
citation: "48 C.F.R. § 9.109-4"
title: "48"
number: "9.109-4"
heading: "Certification by the offeror."
url: "https://uscodex.org/cfr/48/9.109-4"
---

# §9.109-4. Certification by the offeror.

- (a) **In order to be eligible for contract award, an offeror is required to—**
  - (1)
    - (i) Certify that it does not engage and has not engaged in any activity that contributed to or was a significant factor in the President's or Secretary of State's determination that a foreign country is in violation of its obligations undertaken in any arms control, nonproliferation, or disarmament agreement to which the United States is a party, or is not adhering to its arms control, nonproliferation, or disarmament commitments in which the United States is a participating state. The determinations are described in the most recent unclassified annual report provided to Congress pursuant to [section 403](/cfr/48/403.md) of the Arms Control and Disarmament Act ([22 U.S.C. 2593a](/usc/22/2593a.md)). The report is available at https://www.state.gov/bureaus-offices/under-secretary-for-arms-control-and-international-security-affairs/bureau-of-arms-control-verification-and-compliance/”; and
    - (ii) Similarly certify with regard to any entity owned or controlled by the offeror; or
  - (2) **Provide with its offer information that the President of the United States has—**
    - (i) Waived application under 22 U.S.C. [2593e(d)](/usc/22/2593e.md?p=d) or [(e)](/usc/22/2593e.md?p=e); or
    - (ii) Determined under [22 U.S.C. 2593e(g)(2)](/usc/22/2593e.md?p=g-2) that the entity has ceased all activities for which measures were imposed under [22 U.S.C. 2593e(b)](/usc/22/2593e.md?p=b).
- (b) If certifying in accordance with 52.209-13(b)(1), the Offeror is required to submit the certification with the offer. It is not included in the annual representations and certifications in the System for Award Management.
- (c) The contracting officer may rely on an offeror's certification unless the contracting officer has reason to question the certification.
- (d) Upon the determination of a false certification under 52.209-13, an offeror will be subject to such remedies as suspension or debarment under [subpart 9.4](/cfr/48/subpart9.4.md), or termination of any contract resulting from the false certification. Debarments pursued as a remedy under [subpart 9.4](/cfr/48/subpart9.4.md) shall be for a period of not less than 2 years, inclusive of any suspension period, if suspension precedes a debarment (see 9.406-4(a)(1)(iii) and (a)(2)).

## Notes

### Amendments

[83 FR 28148, June 15, 2018, as amended at 83 FR 48696, Sept. 26, 2018; 85 FR 40076, July 2, 2020; 86 FR 3678, Jan. 14, 2021]

### Authority

Authority: 41 U.S.C. 1121(b); 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C. chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C. 20113.

### Source

Source: 48 FR 42142, Sept. 19, 1983, unless otherwise noted.

### Amendments

[83 FR 28148, June 15, 2018, as amended at 83 FR 48696, Sept. 26, 2018; 85 FR 40076, July 2, 2020; 86 FR 3678, Jan. 14, 2021]