Solicitation provision and contract clause
FAR 4.1202 standardizes the inclusion of representations and certifications in solicitations, streamlining compliance and reducing duplication for both contracting officers and contractors.
Overview
FAR 4.1202 prescribes the use of specific solicitation provisions and contract clauses related to annual representations and certifications. It requires contracting officers to include the provision at 52.204-8, Annual Representations and Certifications, in most solicitations, except those for commercial products or services under FAR Part 12. The provision must be tailored for solicitations after October 1, 2028, that result in multiple-award contracts with more than one NAICS code. When 52.204-7 (System for Award Management) is included, a list of other representations and certifications should not be included separately. Additionally, the clause at 52.204-19, Incorporation by Reference of Representations and Certifications, must be included in all solicitations and contracts.
Key Rules
- Provision 52.204-8 Requirement
- Must be included in most solicitations, with exceptions for commercial items/services under Part 12.
- Alternate I for Multiple-Award Contracts
- Use Alternate I for solicitations after October 1, 2028, with multiple NAICS codes.
- Avoid Duplication with 52.204-7
- Do not include certain representations and certifications separately if 52.204-7 is present.
- Clause 52.204-19 Requirement
- Must be included in all solicitations and contracts.
Responsibilities
- Contracting Officers: Ensure correct provisions and clauses are included and avoid duplications; check applicable provisions per 52.204-8(c)(2).
- Contractors: Complete required representations and certifications as part of the solicitation process.
- Agencies: Oversee compliance with inclusion of required provisions and clauses.
Practical Implications
- Ensures standardized collection of representations and certifications, reducing redundancy and administrative burden.
- Contractors must be aware of which certifications are required and when.
- Common pitfalls include failing to include the correct provisions or duplicating certifications, leading to compliance issues.