Overview
This section prescribes the specific certification and contract language required to implement statutory restrictions on using federal funds to influence or lobby for federal contract awards.
Key Rules
- Threshold: Both the provision and the clause are mandatory for actions expected to exceed $200,000.
- FAR 52.203-11: Contracting officers must insert this provision in solicitations to require offerors to certify their compliance and disclose any lobbying activities.
- FAR 52.203-12: Contracting officers must insert this clause in both solicitations and resulting contracts to establish the ongoing limitation on payments to influence federal transactions.
Practical Implications
- Compliance Burden: Contractors must implement internal tracking to ensure no appropriated funds are used for prohibited lobbying and must be prepared to file formal disclosure forms (SF-LLL) if non-federal funds are used for such activities.
- Risk Management: Failure to include these clauses or provide accurate certifications can lead to the rejection of a bid or significant legal penalties under the Byrd Amendment.