FAR 3.804—Policy.
Plain-English Summary
FAR 3.804 states a simple but important procurement control: before awarding any contract that exceeds $200,000, the contracting officer must obtain the certifications and disclosures required by FAR provision 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. In practice, this section ties the award process to the government’s restrictions on lobbying-related payments and requires the government to collect the contractor’s formal statement about whether prohibited or reportable influence payments have been made. Its purpose is to protect the integrity of federal procurement, ensure transparency, and create a record that the awardee has complied with the applicable anti-lobbying certification and disclosure requirements. For contracting officers, this is a mandatory pre-award step for covered contracts, not an optional administrative formality. For contractors, it means they must be prepared to certify and, if necessary, disclose relevant payments before award can proceed. The section is narrow in scope, but operationally significant because failure to obtain the required certification and disclosure can delay award and create compliance risk.
Key Rules
Pre-award collection required
The contracting officer must obtain the required certification and disclosure before awarding any contract that exceeds $200,000. This is a mandatory timing requirement, so the paperwork must be complete before award, not after.
Applies above threshold
The rule applies only to contracts exceeding $200,000. Contracts at or below that amount are outside the scope of this specific requirement, unless another rule independently requires similar information.
Use FAR 52.203-11
The required certification and disclosure come from the provision at FAR 52.203-11. The contracting officer must use that provision to collect the contractor’s statement regarding payments to influence certain Federal transactions.
Certification and disclosure both matter
The section requires both the certification and any necessary disclosure, not just a signed statement of compliance. If reportable payments exist, the contractor must disclose them as required by the provision.
Award cannot bypass compliance
This is a mandatory acquisition step tied to award eligibility. The contracting officer should not proceed to award until the required certification and disclosure have been obtained and reviewed.
Responsibilities
Contracting Officer
Obtain the certification and disclosure required by FAR 52.203-11 before awarding any contract exceeding $200,000. Ensure the requirement is included in the pre-award process and that award does not occur until the information is received.
Contractor/Offeror
Provide the certification and any required disclosure under FAR 52.203-11 before award. The contractor must accurately state whether covered payments were made and disclose them if the provision requires disclosure.
Agency
Support contracting personnel by ensuring procurement procedures and templates include the required pre-award certification and disclosure step for covered contracts. Maintain compliance oversight so awards are not made without the required documentation.
Practical Implications
This is a gatekeeping requirement: if the certification/disclosure is missing, award should be delayed until it is obtained.
Contracting officers should build the requirement into solicitation and award checklists for contracts over $200,000 to avoid last-minute compliance problems.
Contractors should be ready to answer the certification accurately and identify any reportable influence payments early in the proposal process.
A common pitfall is treating the requirement as routine paperwork and overlooking the need for disclosure when applicable; that can create compliance and integrity issues.
Because the rule is tied to award timing, late discovery of a missing certification can disrupt award schedules and extend procurement lead times.
Official Regulatory Text
The contracting officer shall obtain certifications and disclosures as required by the provision at 52.203-11 , Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, prior to the award of any contract exceeding $200,000.