Overview
This section establishes the requirement for offerors to maintain centralized electronic representations and certifications within the System for Award Management (SAM). It outlines the mandatory update cycles for contractors and the specific documentation duties required of Contracting Officers to ensure these legal declarations are properly incorporated into federal contracts.
Key Rules
- Mandatory SAM Registration: Offerors and quoters must complete electronic representations and certifications in SAM.gov as a prerequisite for registration and potential award.
- Annual Maintenance: Submissions must be reviewed and updated as necessary, with a mandatory minimum update frequency of at least once every year to remain "current, accurate, and complete."
- Small Business Recertification: Contractors must update their size status in SAM in accordance with FAR 52.219-28, specifically when changes in size status occur or as required by the clause.
- Contracting Officer (CO) Documentation: COs are required to reference the SAM verification date in the contract file; however, they must physically include a copy of any specific changes or exceptions identified by the offeror in the file.
- Incorporation by Reference: The CO must incorporate the representations and certifications into the final contract by reference using FAR clauses 52.204-19 (non-commercial) or 52.212-4(v) (commercial).
Practical Implications
- Contractors must treat their SAM profile as a critical compliance document, as an expired or inaccurate registration can disqualify an otherwise successful offeror from receiving an award.
- The transition to "incorporation by reference" streamlines the contract award process, reducing the physical volume of contract documents while maintaining the legal enforceability of the contractor's certifications.