52.204-17
Ownership or Control of Offeror
Offerors must accurately disclose their immediate and, if applicable, highest-level owners using legal names and CAGE codes so the Government can see who actually controls the entity seeking award.
Overview
- FAR 52.204-17, Ownership or Control of Offeror, requires offerors to disclose whether another entity directly owns or controls them, and if so, to identify that immediate owner and, when applicable, the highest-level owner.
- Its purpose is to improve transparency in federal contracting by helping the Government understand corporate ownership structures tied to an offeror.
Key Rules
- Definitions
- The provision defines key terms including CAGE code, immediate owner, and highest-level owner. A CAGE code uniquely identifies an entity by location, including NCAGE codes for entities outside the United States.
- Offeror Representation
- The offeror must indicate whether it has or does not have an immediate owner. If there is more than one immediate owner, such as in a joint venture, the offeror must provide ownership information for each participant.
- Immediate and Highest-Level Owner Disclosure
- If the offeror has an immediate owner, it must provide that owner’s CAGE code and legal name (not a DBA name), and state whether that owner is itself owned or controlled by another entity.
- If yes, the offeror must also provide the highest-level owner’s CAGE code and legal name.
Responsibilities
- Contracting Officers: Include the provision when prescribed by FAR 4.1804(b) and evaluate the completed representation in the offer.
- Contractors/Offerors: Accurately complete the ownership representation and provide required owner identification data.
- Agencies: Use the information to support entity transparency and responsibility-related review processes.
Practical Implications
- This provision exists to give the Government visibility into who ultimately owns or controls an offeror.
- It affects proposal preparation, SAM-related entity data consistency, and joint venture disclosures.
- Common pitfalls include using a DBA instead of the legal name, omitting CAGE codes, or failing to identify all immediate owners in a joint venture.
