Proposal to Require SAM Registration Prior to Submitting an Offer

May 23, 2016

FAR Amendment Proposed to Clarify SAM Registration Issues

Source: APTAC, May 23, 2016

Federal-Register logoDoD, GSA, and NASA are proposing to amend the Federal Acquisition Regulation (FAR) to update the instructions for System for Award Management (SAM) registration requirements and to correct an inconsistency with offeror representation and certification requirements. The proposed changes can be viewed in the May 20, 2016 edition of the Federal Register at: https://www.gpo.gov/fdsys/pkg/FR-2016-05-20/pdf/2016-11977.pdf.

The clarification called for by the proposed FAR amendment is in response to current language in the FAR that is not consistent as to whether offerors need to be registered in SAM prior to submitting an offer or prior to award.

  • FAR clause 52.204–7 states that an offeror is not ‘‘registered in the SAM database’’ unless an offeror has completed its online annual representations and certifications.
  • FAR 52.204–8(b) and (d) state that if clause 52.204–7 is included in the solicitation, then the offeror verifies by submission of the offer that the representations and certifications in SAM are current and accurate.
  • FAR 4.1102 states that SAM registration (which includes online reps and certs) must be completed by the time of award.
    To correct the inconsistency cited above, amendments to FAR 4.1102 and 4.1103 are proposed which will require vendor registration in SAM prior to submission of an offer.

In addition, the proposed rule will require contracting officers to use the name and physical address from the contractor’s SAM registration for the provided Data Universal Numbering System (DUNS).

SAM_logoFinally, the proposed rule changes the references to the SAM web site from ‘‘acquisition.gov’’ to ‘‘SAM.gov’’ to be consistent with the rest of the FAR. The word ‘‘database’’ is also added to ‘‘SAM’’ so that in the FAR it is clearly understood that the reference is to the ‘‘SAM database.”

Comments on the proposed amendment must be submitted by July 19, 2016 to be considered in the formation of the final rule. Instructions for submitting comments appear in the Federal Register notice.

Assistance with registering in SAM is available at no cost through any Procurement Technical Assistance Center (PTAC). To find your nearest PTAC office, visit http://www.aptac-us.org/find-a-ptac.

 

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For help with Government Contracting: contact your nearest Procurement Technical Assistance Center (PTAC). Funded through Cooperative Agreements between the U.S. Department of Defense and state and local governments/institutions, PTACs provide free and low-cost assistance in virtually all areas of government contracting.