52.204-19 Incorporation by Reference of Representations and Certifications
Source: FAR 52.204-19 on acquisition.gov
All contractor representations and certifications in SAM are legally part of the contract and must be accurate and up-to-date.
Overview
FAR 52.204-19 requires that a contractor’s representations and certifications, including those submitted electronically through the System for Award Management (SAM), are automatically incorporated by reference into the contract. This means that all statements, attestations, and certifications made by the contractor during the proposal or registration process become legally binding parts of the contract without needing to be physically attached or restated in the contract document. The clause is included in solicitations and contracts as directed by FAR 4.1202(b).
Key Rules
- Incorporation by Reference
- All representations and certifications made by the contractor, including those in SAM, are considered part of the contract by reference.
- Electronic Submissions
- Certifications completed electronically in SAM are treated the same as paper submissions and are legally binding.
Responsibilities
- Contracting Officers: Must ensure this clause is included in applicable contracts and verify that contractor certifications in SAM are current and accurate.
- Contractors: Must ensure all representations and certifications in SAM are accurate, up-to-date, and consistent with contract requirements.
- Agencies: Should maintain oversight to ensure compliance and resolve discrepancies if they arise.
Practical Implications
- This clause streamlines contract documentation by referencing certifications already on file, reducing paperwork.
- Contractors are legally bound by all statements in their SAM profile and must keep them current to avoid compliance issues.
- Failure to update or correct certifications can lead to contract disputes or potential legal consequences.
As prescribed in 4.1202(b), insert the following clause:
Incorporation by Reference of Representations and Certifications (Dec 2014)
The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.
(End of clause)