4.1201 Policy
Source: FAR 4.1201 on acquisition.gov
Contractors must complete and annually update their electronic representations and certifications in SAM to remain eligible for federal contracts, and contracting officers must ensure proper documentation and incorporation into contracts.
Overview
FAR 4.1201 establishes the policy requiring offerors and contractors to complete, maintain, and update their annual representations and certifications electronically in the System for Award Management (SAM). This section mandates that all registrants review and update their SAM information at least annually to ensure accuracy and completeness. It also outlines specific requirements for contractors whose business size status changes, referencing FAR 52.219-28 for updates. Contracting officers must document the date of SAM verification in the contract file and include any changes to SAM data identified by the offeror. Additionally, representations and certifications must be incorporated by reference in contracts, with specific clauses for commercial and non-commercial acquisitions.
(a) Offerors and quoters are required to complete electronic annual representations and certifications in SAM accessed via https://www.sam.gov" target="_blank">https://www.sam.gov as a part of required registration (see FAR 4.1102).
(b)
(1) All registrants are required to review and 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) A contractors that represented itself as a small business prior to award of a contract must update the representations and certifications in SAM in accordance with 52.219-28, A contractor that represented itself as other than small business before contract award and qualifies as a small business may update its representations and certifications in SAM in accordance with 52.219-28.
(c) Data in SAM is archived and is electronically retrievable. Therefore, when a prospective contractor has completed representations and certifications electronically in SAM, the contracting officer must reference the date of SAM verification in the contract file to satisfy 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.
(d) The contracting officer shall incorporate the representations and certifications by reference in the contract (see 52.204-19, or for acquisitions of commercial products or commercial services see 52.212-4(v)).