Important Information: FAR 52.204-7 System for Award Management (SAM.gov)

In accordance with the Federal Acquisition Regulations (FAR), an Offeror is required to be registered in SAM when submitting an offer or quotation and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation. It is critical that you not permit your SAM.gov registration to lapse at any time so that you can compete for, be awarded, execute, and receive payment for contracts.   

Federal Acquisition Regulation

FAR 52.204-7 System for Award Management.

As prescribed in 4.1105(a)(1), use the following provision:

System for Award Management (Oct 2018)

(a) Definitions. As used in this provision—

“Electronic Funds Transfer (EFT) indicator means a four-character suffix to the unique entity identifier. The suffix is assigned at the discretion of the commercial, nonprofit, or Government entity to establish additional System for Award Management records for identifying alternative EFT accounts (see subpart  32.11) for the same entity.

Registered in the System for Award Management (SAM) means that–

(1) The Offeror has entered all mandatory information, including the unique entity identifier and the EFT indicator, if applicable, the Commercial and Government Entity (CAGE) code, as well as data required by the Federal Funding Accountability and Transparency Act of 2006 (see subpart  4.14) into SAM

(2) The offeror has completed the Core, Assertions, and Representations and Certifications, and Points of Contact sections of the registration in SAM;

(3) The Government has validated all mandatory data fields, to include validation of the Taxpayer Identification Number (TIN) with the Internal Revenue Service (IRS). The offeror will be required to provide consent for TIN validation to the Government as a part of the SAM registration process; and

(4) The Government has marked the record “Active”.

Unique entity identifier means a number or other identifier used to identify a specific commercial, nonprofit, or Government entity. See www.sam.gov for the designated entity for establishing unique entity identifiers.

(b) (1) An Offeror is required to be registered in SAM when submitting an offer or quotation, and shall continue to be registered until time of award, during performance, and through final payment of any contract, basic agreement, basic ordering agreement, or blanket purchasing agreement resulting from this solicitation.

(2) The Offeror shall enter, in the block with its name and address on the cover page of its offer, the annotation “Unique Entity Identifier” followed by the unique entity identifier that identifies the Offeror’s name and address exactly as stated in the offer. The Offeror also shall enter its EFT indicator, if applicable. The unique entity identifier will be used by the Contracting Officer to verify that the Offeror is registered in the SAM.

(c) If the Offeror does not have a unique entity identifier, it should contact the entity designated at www.sam.gov for establishment of the unique entity identifier directly to obtain one. The Offeror should be prepared to provide the following information:

(1) Company legal business name.

(2) Tradestyle, doing business, or other name by which your entity is commonly recognized.

(3) Company physical street address, city, state, and Zip Code.

(4) Company mailing address, city, state and Zip Code (if separate from physical).

(5) Company telephone number.

(6) Date the company was started.

(7) Number of employees at your location.

(8) Chief executive officer/key manager.

(9) Line of business (industry).

(10) Company headquarters name and address (reporting relationship within your entity).

(d) Processing time should be taken into consideration when registering. Offerors who are not registered in SAM should consider applying for registration immediately upon receipt of this solicitation. See https://ww.sam.gov for information on registration.

(End of provision)

Alternate I (Oct 2018). As prescribed in 4.1105(a)(2) , substitute the following paragraph (b)(1) for paragraph (b)(1) of the basic provision:(b)(1) An Offeror is required to be registered in SAM as soon as possible. If registration is not possible when submitting an offer or quotation, the awardee shall be registered in SAM in accordance with the requirements of clause 52.204-13, System for Award Management Maintenance.

Parent topic: 52.204 [Reserved]

https://www.acquisition.gov/far/52.204-7

Key Takeaways:

  1. SAM Registration is Crucial: The recent case of Myriddian, LLC v. U.S. underscores the critical importance of maintaining an active System for Award Management (SAM) registration when participating in government contracts. Even a brief lapse in registration can disqualify you from contract awards.
  2. Consider Processing Time: Offerors should factor in the government’s processing time for SAM registration. FAR Clause 52.204-7(d) warns that delays in receiving registration confirmation are not valid excuses for not having an active registration at the time of proposal submission.
  3. Mandatory Requirement: FAR 52.204-7 is typically mandatory in most government solicitations and contract awards. While there are exceptions, it is essential to assume that this clause will be included and comply with its registration requirements to avoid disqualification or contract violations.
  4. SAM Registration Vital: The Court of Federal Claims’ interpretation of FAR Clause 52.204-7 underscores the critical importance of maintaining an up-to-date System for Award Management (SAM) registration for government contractors. Even a brief lapse in registration can lead to disqualification from contract awards.
  5. Consider Processing Time: Government contractors should be aware of the processing time associated with registering in SAM. FAR Clause 52.204-7(d) advises offerors not to submit proposals until their SAM registration is complete. Delays in registration confirmation will not excuse an inactive registration at the time of proposal submission.
  6. Mandatory Clause: FAR 52.204-7 is a mandatory requirement in most government contract solicitations and awards. Contractors must adhere to this clause unless specific circumstances exempt them, such as work performed entirely outside the United States or certain military operations.

Checklist for Success:

  1. Maintain SAM Registration: Ensure your SAM (System for Award Management) registration remains current and active throughout the entire government contract procurement process.
  2. No Lapses Allowed: Avoid any lapses in your SAM registration, as even a brief interruption can disqualify you from contract awards.
  3. Consider Processing Time: Consider the processing time associated with SAM registration. Do not submit proposals until your registration is complete, and don’t rely on delays in registration confirmation as an excuse for an inactive registration at proposal submission.
  4. Understand Mandatory Clause: Familiarize yourself with FAR Clause 52.204-7, as it is mandatory in most government contract solicitations and awards. Be aware of any exceptions, but assume compliance unless explicitly stated otherwise.
  5. Contractor Accountability: As a contractor, it’s your responsibility to manage and monitor your SAM registration status proactively. Set up reminders or notifications to ensure it remains active without any lapses.
  6. Timely Renewal: Keep track of your SAM registration expiration date and initiate the renewal process well in advance to prevent any lapses.
  7. Plan Ahead: Factor in SAM registration timelines when bidding on government contracts. Make sure your registration is in order before the proposal submission deadline.
  8. Documentation: Maintain records of your SAM registration status, renewal dates, and any related correspondence. This documentation can be valuable in case of disputes or protests.
  9. Stay Informed: Keep yourself updated on any changes or updates to SAM registration requirements or regulations that may impact your eligibility for government contracts.
  10. Exceptional Cases: In unique situations, such as contracts performed entirely outside the United States or specific military operations, confirm whether FAR Clause 52.204-7 is applicable or exempted, but always be prepared for compliance unless explicitly stated otherwise.