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Federal Register / Vol. 86, No. 124 / Thursday, July 1, 2021 / Rules and Regulations
effective. As noted, however, GSA is seeking public comment on this interim rule and will consider and address those comments.
It is worth noting this rule follows FAR rules dealing with ownership disclosure and supply chain security, such as FAR Case 2012024 which added FAR provision 52.20417 and FAR Case 2019009 which added FAR
provision 52.20424. As such, Government agencies are already authorized to collect certain immediate and highest-level owner information reference OMB Control Numbers 9000
0097 and 90000185.
Having an implementing regulation in place by the effective date is important to avoid confusion, uncertainty, and potentially substantial legal consequences for agencies and the lessor community. The statute requires lessors to identify and disclose whether the immediate or highest-level owner of the leased space, including an entity involved in the financing thereof, is a foreign person or a foreign entity, including the country associated with the ownership entity. If they did so without an implementing regulation in place, contractors would have no guidance as to how to comply with the requirement.
For the foregoing reasons, pursuant to 41 U.S.C. 1707d, GSA finds that urgent and compelling circumstances make compliance with the notice and comment and delayed effective date requirements of 41 U.S.C. 1707a and b impracticable, and invokes the exception to those requirements under 1707d. While a public comment process will not be completed prior to the rules effective date, GSA will consider comments submitted in response to this interim rule in issuing a subsequent rulemaking.
List of Subjects in 48 CFR Parts 501, 552, and 570
Government procurement.
Jeffrey A. Koses, Senior Procurement Executive, Office of Acquisition Policy, Office of Governmentwide Policy, General Services Administration.

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Therefore, GSA amends 48 CFR parts 501, 552, and 570 as set forth below:
1. The authority citation for 48 CFR
parts 501, 552, and 570 continues to read as follows:
Authority: 40 U.S.C. 121c.

PART 501GENERAL SERVICES
ADMINISTRATION ACQUISITION
REGULATION SYSTEM
2. In section 501.106, amend table 1
by adding entries for 552.27033 and

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570.703c in numerical order to read as follows:
501.106 OMB approval under the Paperwork Reduction Act.
OMB
control No.

GSAR reference

552.27033
30900324
570.703c
30900324

PART 552SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
3. Add sections 552.27033 and 552.27034 to read as follows:

552.27033 Foreign Ownership and Financing Representation for High-Security Leased Space.

As prescribed in 570.703c, use the following clause:
Foreign Ownership and Financing Representation For High Security Leased Space JUN 2021
a Definitions. As used in this clause Financing means the process of raising or providing funds through debt or equity for purposes of meeting the requirements of the Lease, including, but not limited to, acquisition, maintenance, and construction of, or improvements to, the Property.
Foreign entity means a:
i Corporation, company, business association, partnership, society, trust, or any other nongovernmental entity, organization, or group that is headquartered or organized under the laws of a country that is not the United States or a state, local government, tribe, or territory within the United States; or ii Government or governmental instrumentality that is not the United States Government.
Foreign person means an individual who is not:
i A United States citizen; or ii An alien lawfully admitted for permanent residence in the United States.
Highest-level owner means the entity that owns or controls an immediate owner of the offeror or Lessor, or that owns or controls one or more entities that control an immediate owner of the offeror or Lessor. No entity owns or exercises control of the highest-level owner.
Immediate owner means an entity, other than the offeror or Lessor, that has direct control of the offeror or Lessor. Indicators of control include, but are not limited to, one or more of the following: Ownership or interlocking management, identity of interests among family members, shared facilities and equipment, and the common use of employees.
Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity.

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See www.sam.gov for the designated entity for establishing unique entity identifiers.
b Timing. The Offeror or Lessor shall complete this representation when submitting a proposal. If the Offeror is the successful awardee, the Offeror now Lessor shall review, update, and provide this representation on an annual basis, reflecting all changes to immediate owner, highestlevel owner and financing during the preceding 1-year period, starting one year from the Lease Term Effective Date through final payment of any contract. If the Lessor intends to transfer the lease to a successor in interest under the circumstances set forth in FAR 42.1204, the Lessor shall submit this representation to the Lease Contracting Officer with any request to novate the lease.
The Offeror or Lessor is responsible for the currency, accuracy and completeness of the data disclosed, and for any liability resulting from the Governments reliance on inaccurate or incomplete data.
c Immediate owner. 1 The Offeror or Lessor represents that it b does or b does not have an immediate owner.
2 If the Offeror or Lessor indicates does in paragraph c1 of this clause, then enter the following information for the immediate owner. If the offeror or Lessor has more than one immediate owner e.g., joint venture, then the offeror or Lessor shall provide the information for each entity.
Legal name do not use a doing business as name.
Unique entity identifier if available.

3 If the Offeror or Lessor indicates does in paragraph c1 of this clause, then complete this additional representation: Is the immediate owner a foreign entity?: b Yes or b No.
4 If the Offeror or Lessor indicates does in paragraph c1 of this clause, then complete this additional representation: Is the immediate owner a foreign person?: b Yes or b No.
5 If the Offeror or Lessor indicates Yes in either paragraph c3 or 4 of this clause, indicating that there is foreign ownership as a foreign entity or foreign person, then enter the following information for the foreign owner respond for each as applicable.
Physical address.
Country.

d Highest-level owner. 1 The Offeror or Lessor represents that the immediate owner, if any, b is or b is not owned or controlled by another entity?
2 If the Offeror or Lessor indicates is in paragraph d1 of this clause, indicating that the immediate owner is owned or controlled by another entity, then enter the following information for the highest-level owner.
Legal name do not use a doing business as name.
Unique entity identifier if available.

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