Solicitation provision and contract clause
Solicitations and contracts expected to exceed $200,000 must include specific certification and limitation clauses to prevent improper payments influencing federal transactions.
Overview
FAR 3.808 mandates the inclusion of specific provisions and clauses in solicitations and contracts that are expected to exceed $200,000, aimed at preventing improper payments to influence federal transactions. Contracting officers must ensure that the certification provision (FAR 52.203-11) and the limitation clause (FAR 52.203-12) are included in all applicable solicitations and contracts. These requirements are part of broader efforts to promote transparency and integrity in federal contracting by deterring lobbying and other improper influence activities.
Key Rules
- Certification Provision (FAR 52.203-11)
- Must be included in solicitations expected to exceed $200,000. Requires offerors to certify and disclose any payments made to influence federal transactions.
- Limitation Clause (FAR 52.203-12)
- Must be included in both solicitations and contracts expected to exceed $200,000. Prohibits contractors from making certain payments to influence federal actions and outlines penalties for violations.
Responsibilities
- Contracting Officers: Must insert the specified provision and clause in all solicitations and contracts exceeding $200,000.
- Contractors: Must comply with certification and disclosure requirements and refrain from making prohibited payments.
- Agencies: Oversee compliance and enforce penalties for violations.
Practical Implications
This section exists to prevent improper influence in federal contracting and ensure compliance with anti-lobbying laws. Failure to include the required provision or clause can result in non-compliance, contract disputes, or penalties. Contractors must be diligent in certifying and disclosing relevant payments and understanding the limitations imposed by these clauses.