Solicitation provision and contract clause
For all federal solicitations and contracts expected to exceed $150,000, specific certification and limitation clauses regarding payments to influence federal transactions must be included to ensure compliance and transparency.
Overview
FAR 3.808 mandates the inclusion of specific provisions and clauses in federal solicitations and contracts that are expected to exceed $150,000. These requirements are designed to ensure transparency and compliance regarding payments made to influence federal transactions. The section specifically references two key FAR clauses: 52.203-11 (Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions) and 52.203-12 (Limitation on Payments to Influence Certain Federal Transactions). These must be included in applicable solicitations and contracts to require contractor certification and to impose limitations on such payments.
Key Rules
- Certification and Disclosure Provision (FAR 52.203-11)
- Must be included in solicitations expected to exceed $150,000. Requires offerors to certify and disclose any payments made to influence federal transactions.
- Limitation on Payments Clause (FAR 52.203-12)
- Must be included in both solicitations and contracts expected to exceed $150,000. Imposes restrictions on contractors regarding payments to influence federal transactions.
Responsibilities
- Contracting Officers: Ensure the correct provision and clause are inserted into all applicable solicitations and contracts exceeding $150,000.
- Contractors: Certify and disclose any payments made to influence federal transactions and comply with limitations on such payments.
- Agencies: Oversee compliance and ensure that all required certifications and disclosures are obtained and maintained.
Practical Implications
- This section exists to prevent improper influence in federal contracting and to promote transparency.
- Contractors must be diligent in certifying and disclosing any relevant payments and must avoid prohibited activities.
- Failure to include these clauses or comply with their requirements can result in contract ineligibility or legal penalties.