52.212-3
Offeror Representations and Certifications—Commercial Products and Commercial Services
Accurate and up-to-date offeror representations and certifications in SAM or the solicitation are mandatory for eligibility and compliance in commercial product and service contracts.
Overview
FAR 52.212-3 requires offerors for commercial products and commercial services to provide specific representations and certifications as part of their offer. This provision streamlines the process by allowing offerors who have completed annual representations and certifications in the System for Award Management (SAM) to only update solicitation-specific items, while those who have not must complete all required paragraphs. The provision covers a wide range of representations, including business size and status, compliance with equal opportunity and affirmative action, Buy American and Trade Agreements certifications, and other statutory requirements.
Key Rules
- SAM Annual Certifications
- Offerors who have completed annual certifications in SAM need only update solicitation-specific representations; others must complete all required sections.
- Business Status Representations
- Offerors must declare their status as small, veteran-owned, service-disabled veteran-owned, women-owned, HUBZone, or disadvantaged businesses, including joint venture details where applicable.
- Compliance with Executive Orders and Statutes
- Offerors must certify compliance with equal opportunity, affirmative action, and restrictions on lobbying, as well as provide Buy American and Trade Agreements certifications if applicable.
- Product Origin and Content
- Offerors must identify domestic and foreign end products, critical components, and compliance with content requirements under Buy American and Trade Agreements clauses.
Responsibilities
- Contracting Officers: Must ensure the correct provision is included in solicitations and verify offeror compliance.
- Contractors/Offerors: Must accurately complete and update representations and certifications, either in SAM or directly in the solicitation, and provide supporting documentation as required.
- Agencies: Oversee compliance, review certifications, and ensure proper evaluation of offers based on representations.
Practical Implications
- This provision is essential for determining eligibility for set-asides, preferences, and compliance with statutory requirements. Errors or omissions can lead to ineligibility or contract termination. Offerors must ensure their SAM records are current and that any solicitation-specific representations are accurate and complete. Common pitfalls include failing to update SAM, misunderstanding business status definitions, or incorrectly certifying product origin.