4.1105
Solicitation provision and contract clauses
FAR 4.1105 mandates the inclusion of SAM-related provisions and clauses in most solicitations and contracts, ensuring contractors are registered and maintain their information in the System for Award Management.
Overview
FAR 4.1105 prescribes the use of specific solicitation provisions and contract clauses related to the System for Award Management (SAM). It requires contracting officers to include the provision at 52.204-7 in nearly all solicitations, ensuring that offerors are registered in SAM, unless certain exceptions in 4.1102(a) apply. If the solicitation is expected to be awarded under the specific conditions of 4.1102(a)(5), the Alternate I version of 52.204-7 must be used. Additionally, the clause at 52.204-13 must be included in solicitations and resulting contracts that contain 52.204-7, mandating ongoing SAM maintenance by contractors.
Key Rules
- Provision 52.204-7, System for Award Management
- Must be included in all solicitations unless exempted by 4.1102(a).
- Provision 52.204-7, Alternate I
- Used when the solicitation is anticipated to be awarded under 4.1102(a)(5).
- Clause 52.204-13, System for Award Management Maintenance
- Required in solicitations and contracts that include 52.204-7, ensuring contractors maintain their SAM registration.
Responsibilities
- Contracting Officers: Ensure the correct provisions and clauses are inserted in solicitations and contracts per the outlined requirements.
- Contractors: Must register and maintain their information in SAM as required by the included clauses.
- Agencies: Oversee compliance with SAM registration and maintenance requirements.
Practical Implications
- This section ensures all offerors and contractors are registered and maintain current information in SAM, which is critical for contract eligibility and payment. Failure to include the correct provisions or clauses can result in noncompliance, delays, or ineligibility for award. Contractors must be diligent in maintaining their SAM registration throughout the contract lifecycle.