52.222-15
Certification of Eligibility
Contractors must certify their eligibility and that of their subcontractors, with false statements subject to criminal penalties.
Overview
FAR 52.222-15, Certification of Eligibility, requires contractors to certify that neither they nor any person or firm with an interest in their company is ineligible to receive government contracts under specific statutory and regulatory provisions. This clause also prohibits subcontracting any part of the contract to ineligible parties. Contractors are warned that making false statements regarding eligibility is a criminal offense under 18 U.S.C. 1001. The clause is designed to ensure that only eligible entities participate in government contracts, particularly those subject to labor standards statutes such as the Davis-Bacon Act.
Key Rules
- Certification of Contractor and Interested Parties
- Contractors must certify that neither they nor any interested party is ineligible for government contracts under 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1).
- Prohibition on Subcontracting to Ineligible Parties
- Contractors cannot subcontract any portion of the contract to parties ineligible for government contracts under the same statutes.
- Criminal Penalties for False Statements
- False certifications or statements are subject to criminal penalties under 18 U.S.C. 1001.
Responsibilities
- Contracting Officers: Must include this clause in applicable solicitations and contracts.
- Contractors: Must ensure all certifications are truthful and that no ineligible parties are involved as subcontractors.
- Agencies: Must monitor compliance and take action if false certifications are discovered.
Practical Implications
- This clause exists to prevent debarred or otherwise ineligible entities from participating in government contracts, especially those involving labor standards.
- Contractors must carefully vet their own status and that of any potential subcontractors.
- False certifications can result in severe criminal penalties, making due diligence and accurate recordkeeping essential.