3.804
Policy
Contracting officers must obtain required certifications and disclosures regarding payments to influence federal transactions before awarding any contract over $200,000.
Overview
FAR 3.804 establishes the requirement for contracting officers to obtain specific certifications and disclosures from offerors before awarding any contract exceeding $200,000. This policy enforces compliance with the provision at FAR 52.203-11, which addresses the prohibition and reporting of payments made to influence federal transactions. The intent is to ensure transparency and prevent improper influence in the federal contracting process by requiring offerors to certify and disclose any such payments or arrangements.
Key Rules
- Certification Requirement
- Contracting officers must secure the required certification from offerors using FAR 52.203-11 before awarding contracts over $200,000.
- Disclosure Requirement
- Offerors must disclose any payments made or agreements to make payments to influence federal transactions as part of the certification process.
Responsibilities
- Contracting Officers: Must obtain and review certifications and disclosures from offerors prior to contract award for contracts exceeding $200,000.
- Contractors: Must complete and submit the certification and any required disclosures regarding payments to influence federal transactions.
- Agencies: Must ensure compliance with this policy and maintain records of certifications and disclosures.
Practical Implications
- This section exists to prevent improper influence in federal contracting and promote ethical conduct.
- Contractors must be diligent in identifying and reporting any relevant payments or agreements.
- Failure to comply can delay contract awards or result in penalties for both contractors and agencies.