Representations and Certifications

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Q. A vendor neglected to submit a required certification when responding to a Request for Proposal. If it is a RFP must you automatically declare them non-responsive or can you request said certification since it is an RFP and communication is allowed.
   
A. If the certification was regarding Buy America compliance, your agency must declare the offeror non-responsive according to FTA policy. If the certification was for other matters, then you may accept the certification after the receipt of proposals. However, you need to determine that the matter affected by the certificate would not have a monetary impact or otherwise affect the success of the contract before you accept a late certification. (Reviewed: June 2010)

 

Q. We're currently working on the procurement of an A&E contract. Can you please assist us with the request below? "Are the SUBCONSULTANTS required to submit the Federal forms (Certification Regarding Debarment…, Lobbying Certification, Statement of Loan Guarantees and Loan Insurance, and Disclosure of Lobbying Activities)?"

A. Subcontractors are not required to submit the federal certification forms to the agency that is soliciting bids or proposals. The companies submitting bids or proposals as prospective prime contractors must submit the certifications regarding their company with their bids or proposals. The prime contractor that is awarded the contract must obtain the federal certifications from its subcontractors prior to awarding a subcontract to them, but the certifications need not be submitted to the agency that awarded the prime contract. (Posted: January, 2013)

 

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