Subpart 4.11 - System for Award

Management

Parent topic: Part 4 - Administrative and Information Matters

4.1100 Scope.

This subpart prescribes policies and procedures for requiring contractor registration in the System

for Award Management (SAM) to—

(a) Increase visibility of vendor sources (including their geographical locations) for specific supplies

and services; and

(b) Establish a common source of vendor data for the Government.

4.1101 Definition.

As used in this subpartAgreement means basic agreement, basic ordering agreement, or blanket purchase agreement.

4.1102 Policy.

(a) Offerors and quoters are required to be registered in SAM at the time an offer or quotation is

submitted in order to comply with the annual representations and certifications requirements except

for—

(1) Purchases under the micro-purchase threshold that use a Governmentwide commercial purchase

card as both the purchasing and payment mechanism, as opposed to using the purchase card for

payment only;

(2) Classified contracts (see 2.101) when registration in SAM, or use of SAM data, could compromise

the safeguarding of classified information or national security;

(3) Contracts awarded by–

(i) Deployed contracting officers in the course of military operations, including, but not limited to,

contingency operations as defined in 10 U.S.C.101(a)(13) or humanitarian or peacekeeping

operations as defined in 10 U.S.C. 3015(2);

(ii) Contracting officers located outside the United States and its outlying areas, as defined in 2.101,

for work to be performed in support of diplomatic or developmental operations, including those

performed in support of foreign assistance programs overseas, in an area that has been designated

by the Department of State as a danger pay post (see https://aoprals.state.gov/);or
(iii) Contracting officers in the conduct of emergency operations, such as responses to natural or

environmental disasters or national or civil emergencies, e.g., Robert T. Stafford Disaster Relief and

Emergency Assistance Act (42 U.S.C.5121);

(4) Contracts with individuals for performance outside the United States and its outlying areas;

(5) Contracts awarded without providing for full and open competition due to unusual or compelling

urgency (see 6.302-2);

(6) Contract actions at or below $30,000 awarded to foreign vendors for work performed outside the

United States, if it is impractical to obtain SAM registration; and

(7) Micro-purchases that do not use the electronic funds transfer (EFT) method for payment and are

not required to be reported (see subpart 4.6).

(b) If practical, the contracting officer shall modify the contract or agreement awarded under

paragraph (a)(3) of this section to require SAM registration.

(c) Contracting officers shall use the legal business name or "doing business as" name and physical

address from the contractor's SAM registration for the provided unique entity identifier to identify

the contractor in section A of the contract schedule, similar sections of non-uniform contract formats

and agreements, and all corresponding forms and data exchanges. Contracting officers shall make

no changes to the data retrieved from SAM.

(d)

(1)

(i) If a contractor has legally changed its business name or "doing business as" name (whichever is

shown on the contract), or has transferred the assets used in performing the contract, but has not

completed the necessary requirements regarding novation and change-of-name agreements in

subpart 42.12, the contractor is required to provide the responsible contracting officer a minimum

of one business day's written notification of its intention to change the name in SAM, comply with

the requirements of subpart 42.12, and agree in writing to the timeline and procedures specified by

the responsible contracting officer. Along with the notification, the contractor is required to provide

the contracting officer sufficient documentation to support the legally changed name.

(ii) If the contractor fails to comply with the requirements of paragraph (d)(1)(i) of the clause at

52.204-13, System for Award Management Maintenance, or fails to perform the agreement at

52.204-13, paragraph (d)(1)(i)(C), and, in the absence of a properly executed novation or change-ofname agreement, the SAM information that shows the contractor to be other than the contractor

indicated in the contract will be considered to be incorrect information within the meaning of the

"Suspension of Payment" paragraph of the EFT clause of the contract.

(2) The contractor shall not change the name or address for electronic funds transfer payments

(EFT) or manual payments, as appropriate, in the SAM record to reflect an assignee for the purpose

of assignment of claims (see subpart 32.8, Assignment of Claims).

(3) Assignees shall be separately registered in SAM. Information provided to the contractor’s SAM

record that indicates payments, including those made by EFT, to an ultimate recipient other than

that contractor will be considered to be incorrect information within the meaning of the "Suspension

of payment" paragraph of the EFT clause of the contract.
4.1103 Procedures.

(a) Unless the acquisition is exempt under 4.1102(a), the contracting officer—

(1) Shall verify that the offeror or quoter is registered in SAM (see paragraph (b) of this section) at

the time an offer or quotation is submitted;

(2) Should use the unique entity identifier to verify SAM registration–

(i) Via https://www.sam.gov; or

(ii) As otherwise provided by agency procedures; or

(3) Need not verify SAM registration before placing an order or call if the contract or agreement

includes the clause at 52.204-13, System for Award Management Maintenance, or a similar agency

clause, except when use of the Governmentwide commercial purchase card is contemplated as a

method of payment. (See 32.1108(b)(2).)

(b) If the contract action is being awarded in accordance with 4.1102(a)(5), the contractor is

required to be registered in SAM within 30 days after contract award, or at least three days prior to

submission of the first invoice, whichever occurs first.

(c) Agencies shall protect against improper disclosure of information contained in SAM.

(d) The contracting officer shall, on contractual documents transmitted to the payment office,

provide the unique entity identifier, or, if applicable, the Electronic Funds Transfer indicator, in

accordance with agency procedures.

4.1104 Disaster Response Registry.

Contracting officers shall consult the Disaster Response Registry via https://www.sam.gov, Search

Records, Advanced Search, Disaster Response Registry Search when contracting for debris removal,

distribution of supplies, reconstruction, and other disaster or emergency relief activities inside the

United States and outlying areas. (See 26.205).

4.1105 Solicitation provision and contract clauses.

(a)

(1) Insert the provision at 52.204-7, System for Award Management, in all solicitations except when

the conditions in 4.1102(a) apply.

(2) Insert the provision at 52.204-7, System for Award Management, with its Alternate I when the

solicitation is anticipated to be awarded in accordance with 4.1102(a)(5).

(b) Insert the clause at 52.204-13, System for Award Management Maintenance, in solicitations that

contain the provision at 52.204-7, and resulting contracts.