52.203-11 Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
Source: FAR 52.203-11 on acquisition.gov
Offerors must certify and, if applicable, disclose any lobbying activities related to federal contract awards, or face civil penalties for noncompliance.
Overview
FAR 52.203-11 requires offerors to certify and disclose any payments made to influence certain federal transactions, specifically regarding lobbying activities. This provision is designed to ensure transparency and compliance with federal restrictions on the use of appropriated funds for lobbying government officials in connection with the awarding of federal contracts. Offerors must certify that no federal funds have been or will be used for lobbying, and if any lobbying contacts have been made by registrants under the Lobbying Disclosure Act, a disclosure form (SF LLL) must be submitted with the offer. Failure to comply can result in civil penalties and other remedies.
Key Rules
- Definitions and Incorporation
- Key terms are defined by reference to FAR 52.203-12 and the Lobbying Disclosure Act.
- Prohibition on Lobbying Payments
- Federal appropriated funds cannot be used to influence federal officials regarding contract awards.
- Certification Requirement
- Offerors must certify, by signing their offer, that no prohibited payments have been or will be made.
- Disclosure Requirement
- If lobbying contacts have occurred, offerors must submit OMB Standard Form LLL with their offer.
- Penalties for Noncompliance
- Violations can result in civil penalties and do not preclude other government remedies.
Responsibilities
- Contracting Officers: Ensure inclusion of this provision and review submitted certifications and disclosures.
- Contractors/Offerors: Certify compliance and submit required disclosures with their offer.
- Agencies: Enforce compliance and pursue penalties for violations.
Practical Implications
- This provision exists to prevent misuse of federal funds for lobbying and to promote transparency in federal contracting.
- Contractors must have internal controls to track lobbying activities and ensure timely, accurate disclosures.
- Common pitfalls include failing to submit SF LLL when required or misunderstanding who must be reported.
As prescribed in 3.808(a), insert the following provision:
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions (Sep 2024)
(a) Definitions. As used in this provision-"Lobbying contact" has the meaning provided at http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title2-section1602(8)&num=0&edition=prelim" target="_blank">2 U.S.C. 1602(8). The terms "agency," "influencing or attempting to influence," "officer or employee of an agency," "person," "reasonable compensation," and "regularly employed" are defined in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12).
(b) Prohibition. The prohibition and exceptions contained in the FAR clause of this solicitation entitled "Limitation on Payments to Influence Certain Federal Transactions" (52.203-12) are hereby incorporated by reference in this provision.
(c) Certification. The offeror, by signing its offer, hereby certifies to the best of its knowledge and belief that no Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress on its behalf in connection with the awarding of this contract.
(d) Disclosure. If any registrants under the Lobbying Disclosure Act of 1995 have made a lobbying contact on behalf of the offeror with respect to this contract, the offeror shall complete and submit, with its offer, OMB Standard Form LLL, Disclosure of Lobbying Activities, to provide the name of the registrants. The offeror need not report regularly employed officers or employees of the offeror to whom payments of reasonable compensation were made.
(e) Penalty. Submission of this certification and disclosure is a prerequisite for making or entering into this contract imposed by http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim" target="_blank">31 U.S.C. 1352. Any person who makes an expenditure prohibited under this provision or who fails to file or amend the disclosure required to be filed or amended by this provision, shall be subject to civil penalties as provided in http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1352&num=0&edition=prelim" target="_blank">31 U.S.C. 1352. An imposition of a civil penalty does not prevent the Government from seeking any other remedy that may be applicable.
(End of provision)