52.212-3
Offeror Representations and Certifications—Commercial Products and Commercial Services
Accurate and up-to-date representations and certifications in SAM or directly in the solicitation are mandatory for offerors seeking federal contracts for commercial products and services.
Overview
FAR 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services, requires offerors to provide specific representations and certifications when submitting offers for commercial products and services. This provision streamlines the process by allowing offerors who have completed annual representations and certifications in the System for Award Management (SAM) to only complete a minimal section, while others must complete the full set of representations. The provision covers a wide range of certifications, including business size and status, compliance with equal opportunity and affirmative action, Buy American and trade agreement requirements, and lobbying disclosures.
Key Rules
- SAM Registration and Annual Certifications
- Offerors who have completed annual representations and certifications in SAM need only complete paragraph (b); others must complete paragraphs (c) through (v).
- Business Status Representations
- Offerors must declare their status regarding small business, veteran-owned, service-disabled veteran-owned, women-owned, HUBZone, and disadvantaged business categories.
- Compliance with Executive Orders and Laws
- Offerors must certify compliance with equal opportunity, affirmative action, and anti-lobbying laws if applicable.
- Buy American and Trade Agreement Certifications
- Offerors must identify domestic and foreign end products and certify compliance with Buy American and relevant trade agreements if those clauses apply.
- Special Representations for Joint Ventures
- Joint ventures must provide entity information and certify compliance with applicable SBA regulations.
Responsibilities
- Contracting Officers: Must ensure the provision is included in solicitations and verify offeror compliance.
- Contractors/Offerors: Must accurately complete required representations and certifications, either in SAM or directly in the solicitation, and provide supporting documentation as needed.
- Agencies: Oversee compliance, review certifications, and enforce requirements.
Practical Implications
- This provision is essential for determining eligibility for set-asides, preferences, and compliance with federal laws and regulations.
- Inaccurate or incomplete certifications can result in ineligibility, protest, or contract termination.
- Contractors must keep SAM records current and ensure all representations are accurate at the time of offer submission.