52.203-11
Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions
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.