Subpart 4.12 Representations and Certifications
This subpart prescribes policies and procedures for requiring submission and maintenance of representations and certifications via the System for Award Management (SAM) to
(a) Eliminate the administrative burden for contractors of submitting the same information to various contracting offices;
(b) Establish a common source for this information to procurement offices across the Government; and
(c) Incorporate by reference the contractor’s representations and certifications in the awarded contract.
(b)(1) Prospective contractors shall update the representations and certifications submitted to SAM as necessary, but at least annually, to ensure they are kept current, accurate, and complete. The representations and certifications are effective until one year from date of submission or update to SAM.
(2) When any of the conditions in paragraph (b) of the clause at 52.219-28, Post-Award Small Business Program Rerepresentation, apply, contractors that represented they were small businesses prior to award of a contract must update the representations and certifications in SAM as directed by the clause. Contractors that represented they were other than small businesses prior to award of a contract may update the representations and certifications in SAM as directed by the clause, if their size status has changed since contract award.
(c) Data in SAM is archived and is electronically retrievable. Therefore, when a prospective contractor has completed representations and certifications electronically via SAM, the contracting officer must reference the date of SAM verification in the contract file, or include a paper copy of the electronically-submitted representations and certifications in the file. Either of these actions satisfies contract file documentation requirements of 4.803(a)(11). However, if an offeror identifies changes to SAM data pursuant to the FAR provisions at 52.204-8(d) or 52.212-3(b), the contracting officer must include a copy of the changes in the contract file.
4.1202 Solicitation provision and contract clause.
(a) Except for commercial item solicitations issued under FAR part 12, insert in solicitations the provision at 52.204-8, Annual Representations and Certifications. The contracting officer shall check the applicable provisions at 52.204-8(c)(2). When the provision at 52.204-7, System for Award Management, is included in the solicitation, do not include the following representations and certifications:
(1) 52.203-2, Certificate of Independent Price Determination.
(2) 52.203-11, Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions.
(3) 52.204-3, Taxpayer Identification.
(4) 52.204-5, Women-Owned Business (Other Than Small Business).
(5) 52.204-17, Ownership or Control of Offeror.
(6) 52.204-20, Predecessor of Offeror.
(7) 52.209-2, Prohibition on Contracting with Inverted Domestic Corporations Representation.
(8) 52.209-5, Certification Regarding Responsibility Matters.
(9) 52.209-11, Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law.
(10) 52.214-14, Place of Performance Sealed Bidding.
(11) 52.215-6, Place of Performance.
(12) 52.219-1, Small Business Program Representations (Basic & Alternate I).
(13) 52.219-2, Equal Low Bids.
(15) 52.222-18, Certification Regarding Knowledge of Child Labor for Listed End Products.
(16) 52.222-22, Previous Contracts and Compliance Reports.
(17) 52.222-25, Affirmative Action Compliance.
(18) 52.222-38, Compliance with Veterans’ Employment Reporting Requirements.
(19) 52.222-48, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment–Certification.
(20) 52.222-52, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services Certification.
(21) 52.223-1, Biobased Product Certification.
(22) 52.223-4, Recovered Material Certification.
(23) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA-Designated Items (Alternate I only).
(24) 52.225-2, Buy American Certificate.
(25) 52.225-4, Buy American Free Trade Agreements Israeli Trade Act Certificate (Basic, Alternates I, II, and III).
(26) 52.225-6, Trade Agreements Certificate.
(27) 52.225-20, Prohibition on Conducting Restricted Business Operations in Sudan Certification.
(28) 52.225-25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications.
(29) 52.226-2, Historically Black College or University and Minority Institution Representation.
(30) 52.227-6, Royalty Information (Basic & Alternate I).
(31) 52.227-15, Representation of Limited Rights Data and Restricted Computer Software.
(b) The contracting officer shall insert the clause at 52.204-19, Incorporation by Reference of Representations and Certifications, in solicitations and contracts.