FAR 3.808—Solicitation provision and contract clause.
Plain-English Summary
FAR 3.808 tells contracting personnel when to include the anti-lobbying provision and clause tied to payments intended to influence certain Federal transactions. Specifically, it addresses two required contract instruments: the provision at 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, and the clause at 52.203-12, Limitation on Payments to Influence Certain Federal Transactions. The section applies based on the expected dollar value of the solicitation or contract, using the $200,000 threshold as the trigger. In practice, this means agencies must screen acquisitions for these requirements early in the solicitation process and ensure the correct language is inserted before award. For contractors, the section signals that certain lobbying-related certifications, disclosures, and restrictions may apply when competing for or performing higher-value federal work. Its practical significance is that it helps prevent improper use of appropriated funds to influence Federal transactions and creates a compliance obligation that can affect proposal preparation, disclosure decisions, and contract administration.
Key Rules
Insert provision in covered solicitations
For solicitations expected to exceed $200,000, the contracting officer must insert the provision at 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This ensures offerors are asked to certify and disclose as required before award.
Insert clause in covered solicitations and contracts
For solicitations and contracts expected to exceed $200,000, the contracting officer must insert the clause at 52.203-12, Limitation on Payments to Influence Certain Federal Transactions. The clause becomes part of the resulting contract and governs performance obligations.
Dollar threshold controls applicability
The section uses the expected value of the solicitation or contract to determine whether the provision and clause are required. If the expected amount exceeds $200,000, the requirements apply; if not, this section does not require their insertion.
Separate functions of provision and clause
The provision is used at the solicitation stage to obtain certification and disclosure information from offerors. The clause is used in the solicitation and contract to impose ongoing contractual restrictions and compliance requirements.
Responsibilities
Contracting Officer
Determine whether the solicitation or contract is expected to exceed $200,000 and, if so, insert the required provision at 52.203-11 and clause at 52.203-12 in the appropriate documents.
Offeror/Contractor
Review the solicitation for the required provision, complete any required certification or disclosure accurately, and comply with the resulting contract clause if awarded.
Agency
Ensure acquisition personnel apply the threshold correctly and use the prescribed FAR text in covered procurements.
Practical Implications
This is a front-end compliance check: if the threshold is met, the solicitation must include the required language before offers are received.
Contractors should treat the provision as a disclosure/certification issue, not just boilerplate, because inaccurate or incomplete responses can create compliance risk.
Contracting officers should verify the expected value early; missing the clause or provision can require solicitation amendment or contract modification.
The section is narrow but important: it does not itself define the substantive lobbying restrictions, but it triggers the FAR-prescribed instruments that do.
Because the trigger is based on expected value, changes in acquisition strategy or estimated price can affect whether the provision and clause must be included.
Official Regulatory Text
(a) Insert the provision at 52.203-11 , Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions, in solicitations expected to exceed $200,000. (b) Insert the clause at 52.203-12 , Limitation on Payments to Influence Certain Federal Transactions, in solicitations and contracts expected to exceed $200,000.