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  • Question

    Can a prime contractor accept a subcontractor's SAM.gov reps & certs to award a new subcontract or does the subcontractor have to certify directly to the prime?


    Answer

    Section K includes solicitation provisions that require representations, certifications, or submissions of other information by the offeror.  It is required to be incorporated by reference in the contract. FAR 4.1202 (b) specifically states  "The contracting officer shall insert the clause at 52.204-19, Incorporation by Reference of Representations and Certifications, in solicitations and contracts."  

    This clause informs contractors that the representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

    So a prime can accept a subcontractors reps and certs that are in SAM, unless there is a provision or instructions from the contracting officer that they cannot. 

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