9.109-5
Solicitation provision
Solicitations for non-commercial products or services above the simplified acquisition threshold must include a certification provision regarding violations of arms control treaties, unless an exception applies.
Overview
FAR 9.109-5 requires contracting officers to include the solicitation provision at 52.209-13, "Violation of Arms Control Treaties or Agreements—Certification," in solicitations for products or services (including construction) that exceed the simplified acquisition threshold, unless an exception at 9.109-3 applies. This requirement does not apply to solicitations for commercial products or commercial services. The provision ensures that offerors certify they are not involved in activities that violate arms control treaties or agreements with the United States.
Key Rules
- Provision Inclusion Requirement
- Contracting officers must include FAR 52.209-13 in applicable solicitations.
- Applicability Threshold
- Applies to acquisitions exceeding the simplified acquisition threshold.
- Exclusions
- Does not apply to solicitations for commercial products or commercial services, or where the exception at 9.109-3 is met.
Responsibilities
- Contracting Officers: Must ensure the correct provision is included in solicitations above the threshold, except for commercial items or where exceptions apply.
- Contractors: Must complete the certification if responding to affected solicitations.
- Agencies: Should oversee compliance with provision inclusion and certification requirements.
Practical Implications
- This rule helps prevent federal contracts from being awarded to entities involved in violations of arms control treaties or agreements.
- Contractors must be prepared to certify compliance when bidding on applicable contracts.
- Omitting the provision or failing to certify can result in ineligibility or protest issues.