Section K. Representations, Certifications, & Other Statements
Section K is sometimes referred to as "reps and certs." This process requires the offeror to demonstrate eligibility by providing business entity information and certifying that it complies with all of the acquisition’s applicable laws and regulations. For example, a procurement set aside for woman-owned, small businesses (WOSBs) can only be awarded to a company that represents and certifies that it is a woman-owned, small business. Contracting officers will generally accept contractor’s self-certification unless there is a reason to challenge, such as a competitor’s request.
In 2005, the Online Representations and Certifications Application (ORCA) replaced the paper-based reps and certs process. Contractors are now required to complete electronic annual representations and certifications via the ORCA website at least annually. This can be done as a part of your required annual SAM.gov update. Usually, the solicitation will contain a single provision allowing you to certify that all of your representations and certifications in ORCA are current, complete and accurate as of the date of your signature.
This allows contractors to enter their reps and certs information once for use on all federal contracts. However, RFP Section K still requires the offer to explicitly certify their entity’s ORCA is current, accurate, and complete. For some RFPs, the offeror may be required to respond to additional acquisition-specific provisions and clauses within Section K.
Some commercial item procurements may allow offers to submit paper-based reps and certs in lieu of creating an ORCA record.
REVIEW ACTIONS
Some federal solicitations contain additional reps and certs that are not contained in ORCA. This includes additional reps and certs that are required under the agency’s FAR supplement (e.g., DFARs). Review Section K in hard copy and flag the provisions that go beyond ORCA. Also, highlight hidden proposal instructions and fill-in the blank items. Make a note of where the Section K response belongs in your proposal outline, so there’s no last-minute confusion how or where to include it.
Upon receipt of a new RFP, review your ORCA record to ensure that it reflects the acquisition NAICS code – either as primary or secondary. Also, confirm that your entity meets the small business size standard for that particular NAICS code as size standards vary by NAICS code.
SUCCESS TIP
There are no contingency items that hold up the completion of Section K, reps and certs; therefore, complete it as early as possible in the proposal process.
SUBMISSION ACTION
You must log into the ORCA system and renew your firm’s record at least once per year. It's a good idea to check your ORCA prior to proposal submission to ensure you meet the NAICS code size standard for the solicitation.
If the RFP includes provisions that go beyond those that appear in ORCA, the offer must fill out Section K and submit with its proposal. The provisions are legally binding and must be completed by an official authorized to bind the contractor. Failure to respond to Section K could result in the Government’s rejection of your proposal.
WARNING
Read carefully to ensure a thorough understanding. Some provisions carry legal penalties for mis-certification.
In 2005, the Online Representations and Certifications Application (ORCA) replaced the paper-based reps and certs process. Contractors are now required to complete electronic annual representations and certifications via the ORCA website at least annually. This can be done as a part of your required annual SAM.gov update. Usually, the solicitation will contain a single provision allowing you to certify that all of your representations and certifications in ORCA are current, complete and accurate as of the date of your signature.
This allows contractors to enter their reps and certs information once for use on all federal contracts. However, RFP Section K still requires the offer to explicitly certify their entity’s ORCA is current, accurate, and complete. For some RFPs, the offeror may be required to respond to additional acquisition-specific provisions and clauses within Section K.
Some commercial item procurements may allow offers to submit paper-based reps and certs in lieu of creating an ORCA record.
REVIEW ACTIONS
Some federal solicitations contain additional reps and certs that are not contained in ORCA. This includes additional reps and certs that are required under the agency’s FAR supplement (e.g., DFARs). Review Section K in hard copy and flag the provisions that go beyond ORCA. Also, highlight hidden proposal instructions and fill-in the blank items. Make a note of where the Section K response belongs in your proposal outline, so there’s no last-minute confusion how or where to include it.
Upon receipt of a new RFP, review your ORCA record to ensure that it reflects the acquisition NAICS code – either as primary or secondary. Also, confirm that your entity meets the small business size standard for that particular NAICS code as size standards vary by NAICS code.
SUCCESS TIP
There are no contingency items that hold up the completion of Section K, reps and certs; therefore, complete it as early as possible in the proposal process.
SUBMISSION ACTION
You must log into the ORCA system and renew your firm’s record at least once per year. It's a good idea to check your ORCA prior to proposal submission to ensure you meet the NAICS code size standard for the solicitation.
If the RFP includes provisions that go beyond those that appear in ORCA, the offer must fill out Section K and submit with its proposal. The provisions are legally binding and must be completed by an official authorized to bind the contractor. Failure to respond to Section K could result in the Government’s rejection of your proposal.
WARNING
Read carefully to ensure a thorough understanding. Some provisions carry legal penalties for mis-certification.
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