C.F.R. » Title 48 » CHAPTER 1—FEDERAL ACQUISITION REGULATION › SUBCHAPTER A—GENERAL › PART 4—ADMINISTRATIVE AND INFORMATION MATTERS › Subpart 4.12—Representations and Certifications

48 C.F.R. § 4.1201

4.1201 Policy.

Read at: eCFRecfr.gov CornellLII GovInfogovinfo.gov CasesGoogle Scholar

(a) Offerors and quoters are required to complete electronic annual representations and certifications in SAM accessed via 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 contractor 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)).

[83 FR 48696, Sept. 26, 2018, as amended at 86 FR 61020, Nov. 4, 2021]
Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2013–2021 · leading case: JGB Enter., Inc. v. Beta Fluid Sys., Inc., 135 F. Supp. 3d 18 (N.D.N.Y. 2015).
Sort: Relevance Newest Treatment
JGB Enter., Inc. v. Beta Fluid Sys., Inc., 135 F. Supp. 3d 18 (N.D.N.Y. 2015). “(citing 48 C.F.R. § 4.1201 ). *24 Plaintiff asserts that Beta Fluid, at all times, knew that its representations, including size status were being relied upon and used by Plaintiff in its bid.”
Neie, Inc. v. United States (Fed. Cl. 2013). · cites it 2× “15 (e)(1) (SDVOSB status * determined at the time of an initial offer); * 48 C.F.R. § 4.1201 (2012 and 2013) * (representations and certifications); * 48 C.”
Advanced Mgmt. Strategies Grp., Inc./ Reefpoint Grp., LLC v. United States (Fed. Cl. 2018). “48 C.F.R. § 4.1201 (2017). Businesses are eligible to remain in the VIP database for three years unless they fall out of compliance.”
United States v. NEARY (D.N.J. 2021). “33 (a); 48 C.F.R. §§ 4.1201 , 4.1202. They are then “are incorporated by reference into the contract.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.