FAR 52.222-15—Certification of Eligibility.
Plain-English Summary
FAR 52.222-15, Certification of Eligibility, is a labor-standards integrity clause used in covered federal contracts to ensure that the contractor and its interested persons are not barred from receiving Government contracts under the Davis-Bacon Act and related labor rules. The clause addresses three main topics: the contractor’s certification of eligibility at contract award, a prohibition on subcontracting any part of the contract to an ineligible person or firm, and notice that false statements can trigger criminal penalties under 18 U.S.C. 1001. In practice, this clause is meant to keep debarred or otherwise ineligible parties out of federally funded construction and other covered work, protecting the Government from awarding work to entities that have been excluded for serious labor-law violations. It also places an ongoing compliance obligation on contractors to screen ownership interests and subcontractors, not just the prime contractor itself. For contracting officers, the clause provides a straightforward contractual hook to confirm eligibility and enforce downstream restrictions. For contractors, it means eligibility is not a one-time box-checking exercise; it requires diligence before award and before any subcontracting decisions are made.
Key Rules
Prime certification of eligibility
By entering into the contract, the contractor certifies that neither it nor any person or firm with an interest in the contractor is ineligible for Government contracts under 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1). This is an affirmative representation tied to award, so the contractor must ensure the statement is true when it accepts the contract.
No subcontracting to ineligible firms
The contractor may not subcontract any part of the contract to a person or firm that is ineligible for Government contract award under the cited authorities. This restriction applies to all subcontracted portions of the work, not just major subcontracts.
Coverage tied to labor-law exclusions
The clause specifically references ineligibility under 40 U.S.C. 3144(b)(2) and 29 CFR 5.12(a)(1), which are associated with labor standards enforcement and exclusion from Government contracting. The clause is therefore aimed at preventing participation by parties barred due to serious labor-law violations or related disqualifying conduct.
False statements carry criminal risk
The clause expressly warns that false statements are punishable under 18 U.S.C. 1001. Contractors should treat the certification as a legally significant representation, not merely a contractual formality.
Interest-holder due diligence required
The certification extends beyond the corporate entity itself to any person or firm with an interest in the contractor’s firm. Contractors must therefore review ownership, control, and other interest relationships to avoid certifying inaccurately.
Responsibilities
Contractor
Certify at contract formation that it and any person or firm with an interest in it are not ineligible under the cited authorities; ensure the certification remains accurate when accepting the contract; and prevent any part of the work from being subcontracted to an ineligible person or firm.
Contracting Officer
Include the clause when prescribed by FAR 22.407(a); rely on the certification as part of the award file; and take appropriate action if there is reason to question the contractor’s eligibility or the eligibility of proposed subcontractors.
Subcontractors
If they are subject to the cited ineligibility provisions, they may not receive subcontract work under the contract. They must also provide accurate status information to the prime contractor when asked.
Agency
Apply the labor-standards eligibility restrictions consistently in covered procurements and support enforcement actions when a contractor or subcontractor appears to be ineligible or has made a false certification.
Practical Implications
Contractors should screen owners, affiliates, and other interest holders before signing, because the certification reaches beyond the legal entity itself.
Prime contractors should check subcontractor eligibility before award and before adding new subs during performance; a prohibited subcontract can create compliance and payment problems.
The clause is especially important in labor-standards-covered work, where debarment or exclusion status may arise from prior wage, hour, or labor violations.
A false certification can create both contract remedies and criminal exposure, so internal compliance records should support the contractor’s eligibility statement.
Contracting officers should not treat the clause as boilerplate; it is a meaningful eligibility safeguard and may warrant follow-up if there are known labor compliance concerns.
Official Regulatory Text
As prescribed in 22.407 (a) , insert the following clause: Certification of Eligibility (May 2014) (a) By entering into this contract, the Contractor certifies that neither it nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1) . (b) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of 40 U.S.C. 3144(b)(2) or 29 CFR 5.12(a)(1) . (c) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001 . (End of clause)