Subpart 4.12
Representations and Certifications
FAR Subpart 4.12 requires contractors to maintain accurate and up-to-date representations and certifications in SAM as a condition for federal contract eligibility.
Overview
FAR Subpart 4.12 establishes the requirements for contractor representations and certifications in federal contracting. It outlines the scope, policy, and required provisions and clauses related to how contractors provide information about their eligibility, status, and compliance with federal requirements. The subpart emphasizes the use of the System for Award Management (SAM) for submitting and updating representations and certifications, streamlining the process for both contractors and contracting officers. This subpart is critical for ensuring that contractors meet eligibility and compliance standards before contract award and throughout contract performance.
Key Rules
- Scope (4.1200)
- Defines the applicability of representations and certifications requirements to federal contracts.
- Policy (4.1201)
- Requires contractors to complete annual representations and certifications in SAM and keep them current, accurate, and complete.
- Solicitation Provision and Contract Clause (4.1202)
- Mandates inclusion of specific provisions and clauses in solicitations and contracts to ensure compliance with representation and certification requirements.
Responsibilities
- Contracting Officers: Must verify that contractors have current and accurate representations and certifications in SAM before awarding contracts, and include the appropriate provisions and clauses in solicitations and contracts.
- Contractors: Must complete, update, and maintain their representations and certifications in SAM, ensuring accuracy and timeliness.
- Agencies: Oversee compliance and ensure that contracting officers and contractors adhere to these requirements.
Practical Implications
- This subpart exists to standardize and centralize the process for contractor representations and certifications, reducing administrative burden and risk of non-compliance.
- Contractors who fail to maintain accurate and current information in SAM may be ineligible for contract awards or face compliance issues.
- Common pitfalls include outdated or incomplete certifications, which can delay awards or result in contract termination.