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FAR and DFARS › FAR Part 3: Improper Business Practices and Personal Conflicts of Interest › Subpart 3.1

FAR 3.103-2 Evaluating the certification.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This section explains how contracting officers evaluate the Certificate of Independent Price Determination. It clarifies that certain business practices, like having published price lists or selling to commercial customers at the same prices, do not by themselves count as improper disclosure. It also sets rules for rejecting offers if the certificate is altered or suspected of being collusive.

Applies to: Contracting officers and offerors submitting bids or proposals

What it requires

  • If the offeror deleted or modified certain paragraphs of the certificate, the contracting officer must reject the offer.
  • If the offeror deleted or modified the disclosure paragraph, the offeror must furnish a signed statement of the circumstances of the disclosure.
  • The chief of the contracting office must review the altered certificate and statement and determine in writing whether the disclosure restricted competition.
  • The contracting officer must report rejected offers or suspected false certificates to the Attorney General.

Key terms: Certificate of Independent Price Determination · disclosure · reverse auction · blanket authorization · collusive

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

(a) Evaluation guidelines. (1) None of the following, in and of itself, constitutes disclosure as it is used in paragraph (a)(2) of the Certificate of Independent Price Determination (hereafter, the certificate):

(i) The fact that a firm has published price lists, rates, or tariffs covering items being acquired by the Government.

(ii) The fact that a firm has informed prospective customers of proposed or pending publication of new or revised price lists for items being acquired by the Government.

(iii) The fact that a firm has sold the same items to commercial customers at the same prices being offered to the Government.

(iv) Participating in a reverse auction (see subpart 17.8).

(2) For the purpose of paragraph (b)(2) of the certificate, an individual may use a blanket authorization to act as an agent for the person(s) responsible for determining the offered prices if—

(i) The proposed contract to which the certificate applies is clearly within the scope of the authorization; and

(ii) The person giving the authorization is the person within the offeror's organization who is responsible for determining the prices being offered at the time the certification is made in the particular offer.

(3) If an offer is submitted jointly by two or more concerns, the certification provided by the representative of each concern applies only to the activities of that concern.

(b) Rejection of offers suspected of being collusive. (1) If the offeror deleted or modified paragraph (a)(1) or (3) or paragraph (b) of the certificate, the contracting officer shall reject the offeror's bid or proposal.

(2) If the offeror deleted or modified paragraph (a)(2) of the certificate, the offeror must have furnished with its offer a signed statement of the circumstances of the disclosure of prices contained in the bid or proposal. The chief of the contracting office shall review the altered certificate and the statement and shall determine, in writing, whether the disclosure was made for the purpose or had the effect of restricting competition. If the determination is positive, the bid or proposal shall be rejected; if it is negative, the bid or proposal shall be considered for award.

(3) Whenever an offer is rejected under paragraph (b)(1) or (2) of this section, or the certificate is suspected of being false, the contracting officer shall report the situation to the Attorney General in accordance with 3.303.

(4) The determination made under paragraph (2) of this section shall not prevent or inhibit the prosecution of any criminal or civil actions involving the occurrences or transactions to which the certificate relates.

Sections it refers to

  • 3.303 Reporting suspected antitrust violations.

← 3.103-1 Solicitation provision. · 3.103-3 The need for further certifications. →

Rule changes for FAR Part 3

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 3.103-2 Evaluating the certification · SpendQuery