52.214-4
False Statements in Bids
Providing false or misleading information in a government bid is a criminal offense and can result in severe penalties, so contractors must ensure all bid information is accurate and complete.
Overview
FAR 52.214-4, "False Statements in Bids," requires bidders responding to government Invitations for Bids (IFBs) to provide full, accurate, and complete information in their submissions. This provision is mandatory in all IFBs as prescribed by FAR 14.201-6(b)(2). The regulation explicitly warns that making false statements in bids is a criminal offense under 18 U.S.C. 1001, which can result in severe penalties, including fines and imprisonment. The purpose of this provision is to ensure the integrity of the government procurement process by deterring fraudulent or misleading representations in bid documents.
Key Rules
- Mandatory Provision in IFBs
- This clause must be included in all Invitations for Bids issued by the government.
- Truthful and Complete Information
- Bidders are required to submit information that is full, accurate, and complete as specified in the solicitation and its attachments.
- Criminal Penalties for False Statements
- Making false statements in bids is subject to prosecution under 18 U.S.C. 1001, which can lead to fines and/or imprisonment.
Responsibilities
- Contracting Officers: Must include this provision in all IFBs and ensure bidders are aware of the legal consequences of false statements.
- Contractors/Bidders: Must ensure all information submitted in response to an IFB is truthful, accurate, and complete.
- Agencies: Responsible for enforcing compliance and referring violations for legal action if necessary.
Practical Implications
- This provision exists to protect the integrity of the federal procurement process and deter fraud.
- Contractors must exercise diligence in preparing bids, verifying all information before submission.
- False statements can lead to criminal prosecution, bid rejection, suspension, or debarment, making compliance critical for continued eligibility in government contracting.