Solicitation provisions
Contracting officers must include specific CAS-related provisions in solicitations to ensure contractors disclose and certify their cost accounting practices as required by law.
Overview
FAR 30.201-3 outlines the specific solicitation provisions that contracting officers must include in solicitations for contracts subject to Cost Accounting Standards (CAS). It mandates the use of certain FAR clauses to ensure contractors provide necessary disclosures and certifications regarding their cost accounting practices. The section also provides special instructions for solicitations involving educational institutions prior to July 1, 1997, and references exceptions for Federally Funded Research and Development Centers (FFRDCs) and other specific cases. The goal is to ensure transparency and compliance with CAS requirements from the outset of the contracting process.
Key Rules
- Inclusion of 52.230-1 (Cost Accounting Standards Notices and Certification)
- Contracting officers must insert this provision in solicitations for contracts subject to CAS as defined in 48 CFR 9903.201.
- Special Provision for Educational Institutions (Pre-July 1, 1997)
- For awards to educational institutions before July 1, 1997, the basic provision at 52.230-1 with Alternate I must be used, unless the contract is with an FFRDC or other exceptions apply.
- Inclusion of 52.230-7 (Proposal Disclosure-Cost Accounting Practice Changes)
- This provision must be included in solicitations for contracts subject to CAS as specified in 48 CFR 9903.201.
Responsibilities
- Contracting Officers: Ensure the correct CAS-related provisions are included in solicitations based on contract type and recipient.
- Contractors: Complete and submit required certifications and disclosures regarding cost accounting practices.
- Agencies: Oversee compliance with CAS solicitation requirements and maintain proper documentation.
Practical Implications
- This section ensures that all potential contractors are aware of and comply with CAS requirements from the solicitation stage, reducing the risk of noncompliance later in the contract lifecycle.
- Failure to include the correct provisions can result in delays, protests, or contract administration issues.
- Contractors must be prepared to provide accurate cost accounting certifications and disclosures as part of their proposal submissions.