FAR 15.204-5—Part IV-Representations and Instructions.
Plain-English Summary
FAR 15.204-5 tells the contracting officer how to organize Part IV of a negotiated solicitation, which is the part that controls what offerors must represent, how they must prepare their proposals, and how the government will evaluate them. It specifically covers Section K, where the solicitation includes representations, certifications, and other required statements or information from offerors; Section L, where the government gives instructions, conditions, notices, and proposal-preparation guidance; and Section M, where the government states the evaluation factors, significant subfactors, and their relative importance for award. In practice, this section is about making the solicitation clear, complete, and legally usable so offerors know exactly what to submit and evaluators know exactly what criteria to apply. It also helps prevent ambiguity, unequal treatment, and protest risk by requiring the contracting officer to place the right content in the right section and to use the required evaluation-factor wording from FAR 15.304(e).
Key Rules
Section K holds offeror statements
Section K must include the solicitation provisions that require representations, certifications, or other information from offerors. This is where the government collects required attestations and disclosures that affect eligibility, responsibility, or compliance.
Section L gives proposal instructions
Section L must contain the instructions, conditions, notices, and other guidance needed to help offerors or respondents prepare proposals or responses to requests for information. These instructions are not placed elsewhere in the solicitation and may direct the format, organization, or separable parts of the submission.
Proposal format may be prescribed
The contracting officer may require proposals or responses to be submitted in a specific format or in separable parts to make evaluation easier. The instructions may also require organization by administrative, management, technical, past performance, and cost or pricing data sections, or data other than certified cost or pricing data.
Section M states evaluation criteria
Section M must identify all significant evaluation factors and any significant subfactors that will be used to make the award decision, along with their relative importance. The contracting officer must also insert one of the required phrases from FAR 15.304(e) to express how non-price factors compare to price or cost.
Evaluation criteria must be complete and clear
The solicitation must tell offerors what matters in the award decision and how the government will weigh those matters. This prevents hidden criteria and ensures proposals can be prepared to the actual basis of evaluation.
Responsibilities
Contracting Officer
Prepare Part IV of the solicitation by placing representations, certifications, and other required offeror statements in Section K; instructions, conditions, notices, and proposal-preparation guidance in Section L; and all significant evaluation factors, subfactors, and their relative importance in Section M. The contracting officer must also insert the required FAR 15.304(e) phrase in Section M and ensure the solicitation structure is clear and consistent.
Offerors / Respondents
Review Section K to complete required representations, certifications, and other statements; follow Section L instructions exactly when preparing and organizing proposals or responses; and tailor their submissions to the evaluation factors and subfactors stated in Section M.
Agency / Evaluation Team
Use the evaluation factors and relative importance stated in Section M when reviewing proposals, and avoid relying on unstated criteria. The agency must evaluate only against the published solicitation requirements and instructions.
Practical Implications
This section is a roadmap for proposal preparation and evaluation, so mistakes in placement or wording can create confusion and protest risk.
Offerors should treat Section L as mandatory proposal-preparation instructions, not optional guidance; missing a required format or section can hurt evaluation or responsiveness in a negotiated procurement.
Section M must be specific enough to tell offerors what will matter most, but not so vague that evaluators can invent criteria later.
Contracting officers should make sure the solicitation’s structure matches the actual evaluation plan; if the government plans to evaluate a factor, it must be stated in Section M.
A common pitfall is mixing instructions and evaluation criteria or burying important requirements in the wrong section, which can lead to inconsistent proposal preparation and evaluation disputes.
Official Regulatory Text
The contracting officer shall prepare the representations and instructions as follows: (a) Section K, Representations, certifications, and other statements of offerors. Include in this section those solicitation provisions that require representations, certifications, or the submission of other information by offerors. (b) Section L, Instructions, conditions, and notices to offerors or respondents. Insert in this section solicitation provisions and other information and instructions not required elsewhere to guide offerors or respondents in preparing proposals or responses to requests for information. Prospective offerors or respondents may be instructed to submit proposals or information in a specific format or severable parts to facilitate evaluation. The instructions may specify further organization of proposal or response parts, such as- (1) Administrative; (2) Management; (3) Technical; (4) Past performance; and (5) Certified cost or pricing data (see 15.408 Solicitation provisions and contract clauses. of 15.408 ) or data other than certified cost or pricing data. (c) Section M, Evaluation factors for award . Identify all significant factors and any significant subfactors that will be considered in awarding the contract and their relative importance (see 15.304 (d)). The contracting officer shall insert one of the phrases in 15.304 (e).