In running a subcontracting program, is it acceptable practice for a prime contractor to accept an ORCA registration in lieu of written reps & certs? If this is done, is privity a concern (since vendors certify their information to the Federal Government and not directly to the purchasing company)?
FAR Subpart 4.12 is clear that ORCA is the repository for contractor (not subcontractor) reps and certs. Prime contractors are contractually required to obtain similar reps and certs from subcontractors. Some clauses (FAR 52.209‐6 is an example) require direct disclosure to the prime contractor. In addition, some prime contractors have their own certification process that includes business information not available in ORCA, and that interfaces directly with the prime's other business systems. This may or may not apply in your situation, but the fact still remains that the FAR makes no provision for subcontractor submission using ORCA.
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I think it's fair to assume this issue has been raised at the FAR Council, but policy makers there have concluded that (for whatever reason) it's not appropriate for use by subcontractors.