3.804
Policy
Contracting officers must obtain required certifications and disclosures regarding payments to influence federal transactions before awarding any contract over $150,000.
Overview
FAR 3.804 establishes the requirement for contracting officers to obtain specific certifications and disclosures from offerors before awarding any contract exceeding $150,000. This is in accordance with FAR provision 52.203-11, which addresses payments made to influence federal transactions. The policy aims to ensure transparency and prevent improper influence in the federal contracting process by mandating that offerors certify and disclose any payments or arrangements intended to influence the award or modification of federal contracts.
Key Rules
- Certification Requirement
- Contracting officers must obtain a signed certification from offerors regarding payments to influence federal transactions for contracts over $150,000.
- Disclosure Requirement
- Offerors must disclose any payments made or agreements entered into for the purpose of influencing federal transactions, as required by FAR 52.203-11.
Responsibilities
- Contracting Officers: Must ensure all required certifications and disclosures are obtained before contract award for applicable contracts.
- Contractors: Must complete and submit the certification and any required disclosures as part of their offer.
- Agencies: Must oversee compliance with these requirements and maintain documentation for audit purposes.
Practical Implications
- This policy exists to prevent improper influence and maintain integrity in federal contracting.
- Contractors must be diligent in identifying and reporting any relevant payments or arrangements.
- Failure to comply can result in delays, ineligibility for award, or legal consequences for both contractors and contracting officers.