4.1202 Solicitation provision and contract clause
Source: FAR 4.1202 on acquisition.gov
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.
(a) Insert the provision at 52.204-8, Annual Representations and Certifications, in solicitations, except for solicitations for commercial products or commercial services issued under part 12. The contracting officer shall check the applicable provisions at 52.204-8(c)(2). Use the provision with its Alternate I in solicitations issued after October 1, 2028, that will result in a multiple-award contract with more than one North American Industry Classification System code assigned (see 19.102(b)). When the provision at 52.204-7, System for Award Management, is included in the solicitation, do not separately include the following representations and certifications:
(1) 52.203-2, Certificate of Independent Price Determination.
(2) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
(3) 52.203-18, Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation.
(4) 52.204-3, Taxpayer Identification.
(5) 52.204-5, Women-Owned Business (Other Than Small Business).
(6) 52.204-17, Ownership or Control of Offeror.
(7) 52.204-20, Predecessor of Offeror.
(8) 52.204-26, Covered Telecommunications Equipment or Services-Representation.
(9) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations-Representation.
(10) 52.209-5, Certification Regarding Responsibility Matters.
(11) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(12) 52.214-14, Place of Performance-Sealed Bidding.
(13) 52.215-6, Place of Performance.
(14) 52.219-1, Small Business Program Representations (Basic, Alternates I, and II).
(15) 52.219-2, Equal Low Bids.
(16) [Reserved]
(17) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(18) 52.222-22, Previous Contracts and Compliance Reports.
(19) 52.222-25, Affirmative Action Compliance.
(20) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements.
(21) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment–Certification.
(22) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification.
(23) 52.223-1, Biobased Product Certification.
(24) 52.223-4, Recovered Material Certification.
(25) 52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.
(26) 52.225-2, Buy American Certificate.
(27) 52.225-4, Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Basic, Alternates II, and III).
(28) 52.225-6, Trade Agreements Certificate.
(29) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan-Certification.
(30) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.
(31) 52.226-2, Historically Black College or University and Minority Institution Representation.
(32) 52.227-6, Royalty Information (Basic & Alternate I).
(33) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(b) The contracting officer shall insert the clause at 52.204-19, Incorporation by Reference of Representations and Certifications, in solicitations and contracts.