FAR 9.109-5—Solicitation provision.
Plain-English Summary
FAR 9.109-5 tells contracting officers when they must insert the solicitation provision at 52.209-13, "Violation of Arms Control Treaties or Agreements-Certification." Its focus is narrow but important: it applies to solicitations for the acquisition of products or services, including construction, when the value exceeds the simplified acquisition threshold, unless the exception in 9.109-3 applies. It also makes clear that the provision is not used for commercial products or commercial services solicitations. In practice, this section is a pre-award screening tool that requires offerors to certify whether they are aware of violations of arms control treaties or agreements, helping the Government assess responsibility and compliance risk before award. For contracting officers, the rule is a mandatory solicitation-inclusion requirement; for offerors, it creates a certification obligation tied to eligibility for award. The section matters because missing the provision can create a solicitation defect, while mishandling the certification can affect responsibility determinations, award timing, and post-award compliance review.
Key Rules
Include the certification provision
The contracting officer must include FAR 52.209-13, Violation of Arms Control Treaties or Agreements-Certification, in covered solicitations. This is a mandatory solicitation provision, not an optional clause, when the rule applies.
Applies above the SAT
The requirement applies only to solicitations for products or services, including construction, that exceed the simplified acquisition threshold. Solicitations at or below the threshold are outside the scope of this section.
Commercial items are excluded
The provision is not required in solicitations for commercial products or commercial services. Even if the dollar value exceeds the simplified acquisition threshold, the commercial-item exception removes the requirement.
Exception may remove the requirement
If the exception at 9.109-3 applies, the contracting officer does not include the provision. The section therefore operates as a default rule subject to a specific regulatory exception.
Covers products, services, and construction
The rule is broad as to the type of acquisition covered: it applies to products, services, and construction. The key limiting factors are the dollar threshold, the commercial-item exclusion, and the referenced exception.
Responsibilities
Contracting Officer
Determine whether the solicitation is for products, services, or construction exceeding the simplified acquisition threshold, confirm whether the commercial-item exclusion applies, check whether the exception at 9.109-3 applies, and include FAR 52.209-13 when required.
Offeror/Contractor
Review the solicitation and complete the required certification accurately if the provision is included. The offeror must ensure its representation is truthful and consistent with its knowledge and compliance status.
Agency
Ensure acquisition personnel use the correct solicitation templates and clause/provision prescriptions so covered solicitations consistently include the required certification unless an exception applies.
Practical Implications
For contracting officers, this is a checklist item that should be verified early in solicitation preparation; omitting the provision can require amendment or delay.
For contractors, the certification can create risk if internal compliance information is incomplete, so legal and compliance review may be needed before submission.
The most common mistake is assuming every solicitation over the simplified acquisition threshold needs the provision; commercial products and commercial services are excluded.
Another common pitfall is overlooking the exception at 9.109-3, which can change whether the provision belongs in the solicitation.
Because the rule applies to construction as well as supplies and services, acquisition teams should not limit their review to traditional supply/service buys.
Official Regulatory Text
Unless the exception at 9.109-3 applies, the contracting officer shall include the provision at 52.209-13 , Violation of Arms Control Treaties or Agreements-Certification, in each solicitation for the acquisition of products or services (including construction) that exceeds the simplified acquisition threshold, other than solicitations for the acquisition of commercial products or commercial services.