FAR 4.1202—Solicitation provision and contract clause.
Plain-English Summary
FAR 4.1202 tells contracting officers when to include the Annual Representations and Certifications provision at 52.204-8 and when to include the clause at 52.204-19, Incorporation by Reference of Representations and Certifications. It also explains an important exception for solicitations for commercial products or commercial services under FAR part 12, and it directs contracting officers to complete the applicable checkboxes in 52.204-8(c)(2). The section further requires use of 52.204-8 with Alternate I in certain future multiple-award solicitations issued after October 1, 2028, when more than one NAICS code will apply. A major practical feature of this rule is that when 52.204-7, System for Award Management, is included, many separate representation and certification provisions must not be inserted again, because their substance is already covered through the consolidated representation process. In practice, this section is about avoiding duplication, ensuring the right representations are collected at the right time, and making sure solicitations and contracts contain the correct FAR provisions for responsibility, eligibility, socioeconomic status, trade compliance, labor, environmental, and intellectual property-related certifications. For contractors, it signals which representations they will be expected to make in SAM or in the solicitation; for contracting officers, it is a checklist rule that affects solicitation drafting and contract formation.
Key Rules
Insert Annual Reps Provision
The contracting officer must include 52.204-8, Annual Representations and Certifications, in solicitations unless the solicitation is for commercial products or commercial services under FAR part 12. The officer must also check the applicable items in 52.204-8(c)(2), so the provision reflects the representations actually required for that acquisition.
Commercial Item Exception
Solicitations for commercial products or commercial services issued under FAR part 12 are excluded from the general requirement to insert 52.204-8. This means the contracting officer should not automatically add the annual representations provision to commercial-item solicitations unless another rule specifically requires it.
Alternate I for Certain Future MACs
For solicitations issued after October 1, 2028, that will result in a multiple-award contract with more than one NAICS code assigned, the contracting officer must use 52.204-8 with Alternate I. This special version is tied to multi-NAICS multiple-award structures and is intended to fit those broader competition and representation requirements.
No Duplicate Reps with SAM
When 52.204-7, System for Award Management, is included in the solicitation, the contracting officer must not separately include the listed representations and certifications. The rule prevents duplicative collection of the same information through both SAM and individual FAR provisions.
Covered Provisions Omitted
The section lists specific provisions that must be omitted when 52.204-7 is used, including items covering independent price determination, lobbying, confidentiality agreements, taxpayer identification, women-owned business status, ownership/control, predecessor status, covered telecommunications, inverted domestic corporations, responsibility matters, delinquent tax/felony convictions, place of performance, small business representations, equal low bids, child labor, prior contracts and compliance reports, affirmative action, veterans reporting, service contract labor standards exemptions, biobased and recovered material certifications, greenhouse gas disclosures, Buy American and trade agreements, Sudan and Iran restrictions, HBCU/minority institution status, royalty information, and limited rights/restricted software representations.
Insert Incorporation Clause
The contracting officer must insert 52.204-19, Incorporation by Reference of Representations and Certifications, in both solicitations and contracts. This clause supports the use of incorporated representations and certifications rather than repeating them in full text.
Responsibilities
Contracting Officer
Determine whether the solicitation is subject to the commercial products/commercial services exception; insert 52.204-8 when required; complete the applicable items in 52.204-8(c)(2); use Alternate I for qualifying post-October 1, 2028 multiple-award solicitations with more than one NAICS code; omit the listed separate provisions when 52.204-7 is included; and insert 52.204-19 in both solicitations and contracts.
Contractor/Offeror
Provide the required representations and certifications through SAM and/or the solicitation as applicable; ensure the information is current, accurate, and complete; and avoid inconsistent answers across SAM, the offer, and any supporting certifications.
Agency
Use solicitation and contract templates that reflect the correct FAR provisions and alternates; train acquisition personnel on when to omit duplicate provisions; and ensure systems and procedures support proper incorporation by reference and representation collection.
Practical Implications
This section is a drafting control: if the contracting officer includes 52.204-7, many other representation provisions should not be added again, or the solicitation may become inconsistent or duplicative.
Contractors should expect a consolidated representation process, but they still need to keep SAM and solicitation responses aligned; mismatches can create eligibility, responsibility, or compliance issues.
The commercial-item exception is easy to miss. Adding 52.204-8 to a part 12 solicitation when it is not required can create unnecessary burden and confusion.
The list of omitted provisions is broad and covers many compliance areas, so contracting officers should use a checklist rather than relying on memory.
The future-effective Alternate I rule matters for long-range planning: agencies handling multiple-award, multi-NAICS acquisitions after October 1, 2028, should update templates and acquisition planning now to avoid noncompliant solicitations.
Official Regulatory Text
(a) Insert the provision at 52.204-8 , Annual Representations and Certifications, in solicitations, except for solicitations for commercial products or commercial services issued under part 12 . The contracting officer shall check the applicable provisions at 52.204-8 (c)(2). Use the provision with its Alternate I in solicitations issued after October 1, 2028, that will result in a multiple-award contract with more than one North American Industry Classification System code assigned (see 19.102 (b)). When the provision at 52.204-7 , System for Award Management, is included in the solicitation, do not separately include the following representations and certifications: (1) 52.203-2 , Certificate of Independent Price Determination. (2) 52.203-11 , Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. (3) 52.203-18 , Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. (4) 52.204-3 , Taxpayer Identification. (5) 52.204-5 , Women-Owned Business (Other Than Small Business). (6) 52.204-17 , Ownership or Control of Offeror. (7) 52.204-20 , Predecessor of Offeror. (8) 52.204-26 , Covered Telecommunications Equipment or Services-Representation. (9) 52.209-2 , Prohibition on Contracting with Inverted Domestic Corporations-Representation. (10) 52.209-5 , Certification Regarding Responsibility Matters. (11) 52.209-11 , Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (12) 52.214-14 , Place of Performance-Sealed Bidding. (13) 52.215-6 , Place of Performance. (14) 52.219-1 , Small Business Program Representations (Basic, Alternates I, and II). (15) 52.219-2 , Equal Low Bids. (16) [Reserved] (17) 52.222-18 , Certification Regarding Knowledge of Child Labor for Listed End Products. (18) 52.222-22 , Previous Contracts and Compliance Reports. (19) 52.222-25 , Affirmative Action Compliance. (20) 52.222-38 , Compliance with Veterans’ Employment Reporting Requirements. (21) 52.222-48 , Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment–Certification. (22) 52.222-52 , Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. (23) 52.223-1 , Biobased Product Certification. (24) 52.223-4 , Recovered Material Certification. (25) 52.223-22 , Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. (26) 52.225-2 , Buy American Certificate. (27) 52.225-4 , Buy American-Free Trade Agreements-Israeli Trade Act Certificate (Basic, Alternates II, and III). (28) 52.225-6 , Trade Agreements Certificate. (29) 52.225-20 , Prohibition on Conducting Restricted Business Operations in Sudan-Certification. (30) 52.225-25 , Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. (31) 52.226-2 , Historically Black College or University and Minority Institution Representation. (32) 52.227-6 , Royalty Information (Basic & Alternate I). (33) 52.227-15 , Representation of Limited Rights Data and Restricted Computer Software. (b) The contracting officer shall insert the clause at 52.204-19 , Incorporation by Reference of Representations and Certifications, in solicitations and contracts.