Certification Regarding Responsibility Matters
Offerors must accurately certify their responsibility status—including debarment, criminal offenses, tax delinquency, and contract terminations—or risk losing contract eligibility and facing legal consequences.
Overview
FAR 52.209-5 requires offerors to certify their responsibility status regarding debarment, criminal offenses, civil judgments, tax delinquency, and contract terminations for default. This provision is a mandatory part of solicitations to ensure that only responsible contractors are considered for federal awards. Offerors must disclose, to the best of their knowledge, whether they or their principals have been debarred, convicted of certain offenses, indicted, or have delinquent federal taxes above a specified threshold, and whether they have had contracts terminated for default within the past three years. The provision also defines what constitutes a delinquent tax and outlines examples for clarity. Offerors must notify the contracting officer if their certification becomes inaccurate before award. False certifications can result in prosecution and contract termination for default.
Key Rules
- Mandatory Certification
- Offerors must certify their status regarding debarment, criminal/civil offenses, tax delinquency, and contract terminations for default.
- Immediate Notification
- Offerors must promptly notify the contracting officer if their certification becomes erroneous before contract award.
- Material Representation
- The certification is a material fact; knowingly false certifications can lead to prosecution and contract termination.
- No Excessive Burden
- Offerors are not required to establish new record systems; reasonable due diligence is sufficient.
Responsibilities
- Contracting Officers: Must include this provision in solicitations and evaluate certifications as part of responsibility determinations.
- Contractors/Offerors: Must complete the certification accurately, update the contracting officer if circumstances change, and provide additional information if requested.
- Agencies: Must consider certifications in responsibility determinations and may take action if false certifications are discovered.
Practical Implications
- Ensures only responsible contractors are eligible for federal contracts.
- Requires offerors to self-disclose significant legal and financial issues.
- Failure to comply or provide accurate information can result in nonresponsibility, prosecution, or contract termination.