Overview
This section prescribes the mandatory provision and clause used to streamline the "Representations and Certifications" process by leveraging the System for Award Management (SAM). It ensures that a contractor's annual electronic certifications are legally incorporated into a contract without requiring the repetitive inclusion of dozens of individual clauses.
Key Rules
- Mandatory Provision: Contracting Officers (COs) must insert FAR 52.204-8, Annual Representations and Certifications, in most non-commercial solicitations.
- Commercial Exception: This section does not apply to solicitations for commercial products or commercial services issued under FAR Part 12.
- Prevention of Redundancy: When FAR 52.204-7 (SAM) is included, COs are prohibited from separately listing 33 specific representation and certification clauses (such as Small Business Program Representations or Buy American Certificates) that are already captured in SAM.
- Incorporation by Reference: COs must include FAR 52.204-19 in all solicitations and contracts to ensure that the representations and certifications made in SAM are legally binding and part of the final agreement.
- Future Multiple-Award Requirement: Effective October 1, 2028, Alternate I of 52.204-8 must be used for multiple-award contracts that involve more than one NAICS code.
Practical Implications
- Administrative Efficiency: This section significantly reduces "paperwork" by allowing contractors to maintain a single annual digital record of certifications rather than filling out 30+ forms for every individual bid.
- Legal Accountability: Because FAR 52.204-19 incorporates SAM data by reference, contractors must ensure their SAM profile is 100% accurate at the time of offer; any inaccuracies can be treated as a breach of contract or a false representation.