4.2103
Procedures
Contracting officers and offerors must follow specific procedures for representations and disclosures regarding prohibited telecommunications and video surveillance equipment, ensuring compliance and proper reporting when required.
Overview
FAR 4.2103 outlines the procedures contracting officers and offerors must follow regarding representations and disclosures related to the prohibition on contracting for certain telecommunications and video surveillance services or equipment. This section details how to handle offeror responses to specific representations in FAR provisions 52.204-24, 52.204-26, and 52.212-3, and what steps are required if an offeror indicates potential use or supply of prohibited equipment or services. It also addresses the process for reporting under the clause at 52.204-25.
Key Rules
- Reliance on Offeror Representations
- Contracting officers may rely on an offeror's negative representation ("does not" or "will not") unless there is reason to question it, in which case agency procedures must be followed.
- Additional Disclosures Required
- If an offeror indicates ("does" or "will") potential use or supply of prohibited equipment/services, they must complete additional disclosures as specified in the relevant FAR provisions.
- Reporting Requirements
- Contractors must follow agency procedures for reporting if required under the clause at 52.204-25.
Responsibilities
- Contracting Officers: Review offeror representations, determine when further inquiry or agency procedures are necessary, and ensure proper handling of disclosures and reports.
- Contractors/Offerors: Accurately complete required representations and provide additional disclosures if indicating use or supply of prohibited equipment/services.
- Agencies: Establish and enforce procedures for handling questionable representations and required reports.
Practical Implications
- Ensures compliance with statutory prohibitions on certain telecommunications and video surveillance equipment.
- Requires careful review of offeror responses and timely follow-up on affirmative disclosures.
- Common pitfalls include failing to obtain required disclosures or not following up on questionable representations, which can result in noncompliance or contract risk.