FAR 3.103-3—The need for further certifications.
Plain-English Summary
FAR 3.103-3 addresses when a contractor does not need to repeat a certificate that was already properly executed before award. Specifically, it covers proposals for work orders or similar ordering instruments issued under an existing contract, and it explains that a separate certificate is not required for each such proposal when the Government’s needs cannot be satisfied from another source. In practical terms, this section prevents unnecessary duplicate paperwork in situations where the contractor has already made the required certification and the Government is using an established contract vehicle to place additional work. It is a narrow administrative rule, but it matters because it clarifies when the original certification continues to apply and when agencies should not demand redundant submissions. For contractors, it reduces administrative burden on follow-on ordering actions; for contracting personnel, it helps ensure ordering procedures stay consistent with the contract terms and do not impose extra certification requirements without a basis in the FAR.
Key Rules
Prior certificate remains effective
If the contractor properly executed the certificate before award, that certificate does not have to be resubmitted with each later proposal covered by this section. The rule recognizes the continuing effect of the original certification for the specified ordering context.
Applies to work orders
The rule applies to proposals for a work order or similar ordering instrument issued under the terms of the contract. It is aimed at orders placed within an existing contractual framework, not at new standalone procurements.
Only when no alternate source exists
The exception applies where the Government’s requirements cannot be met from another source. This limits the rule to situations where the ordering action is tied to the existing contractor because the need cannot reasonably be satisfied elsewhere.
No separate certificate required
A separate certificate with each proposal is not required in the covered circumstances. Agencies should not insist on duplicate certifications when the contractor has already properly certified before award and the order falls within the rule.
Responsibilities
Contractor
Properly execute the required certificate before award and rely on that certification for covered work-order proposals. The contractor should still ensure any proposal submitted under the contract is accurate and consistent with the original certification.
Contracting Officer
Recognize when a prior certificate satisfies the requirement and avoid demanding a separate certificate for each covered proposal. The contracting officer should also confirm that the ordering action fits the rule, including that the Government’s requirements cannot be met from another source.
Agency
Use ordering procedures that align with the contract terms and this FAR provision, and avoid creating redundant certification requirements for covered orders. The agency should ensure its internal processes do not conflict with the rule’s limited exception.
Practical Implications
This section mainly reduces paperwork for recurring orders under an existing contract, so contractors should not assume they must re-certify every time they submit a proposal for a covered work order.
The key limitation is the phrase 'cannot be met from another source'; if the Government can satisfy the need elsewhere, this provision may not apply, so the ordering context matters.
Contracting personnel should verify that the original certificate was properly executed before award; an invalid or missing original certification would not be cured by this rule.
A common pitfall is treating this as a blanket waiver for all later proposals under a contract; it is narrower and applies only to the specified ordering instruments and circumstances.
Contractors should still review each order carefully for any separate solicitation or contract-specific requirements that may apply even when a new certificate is not needed.
Official Regulatory Text
A contractor that properly executed the certificate before award does not have to submit a separate certificate with each proposal to perform a work order or similar ordering instrument issued pursuant to the terms of the contract, where the Government’s requirements cannot be met from another source.