An offeror is required to be registered in SAM when submitting an offer or quotation 1. In a negotiated solicitation, Section K holds the provisions that require representations, certifications or other information from offerors 2.
Most representations live in SAM. Prospective contractors update the representations and certifications they submitted to SAM as necessary, but at least annually, to ensure they are kept current, accurate and complete 3. Under FAR 52.204-8 the offeror verifies by submission of the offer 4 that the applicable SAM representations have been entered or updated within the last 12 months and are current, accurate, complete and applicable to the solicitation 5.
Size and status
SBA determines size as of the date the concern submits a written self-certification that it is small to the procuring activity as part of its initial offer or response which includes price 6.
Getting it wrong is serious. The small business representation provision warns that any person who misrepresents a firm's status as a business concern that is small 7, in order to obtain a contract under the small business preference programs, shall be punished by imposition of fine, imprisonment, or both 8.
Facts change, and your representations must follow. Under the size rerepresentation clause, a contractor rerepresents its size status within 30 days after execution of a novation agreement 9, and within 30 days after a merger or acquisition that does not require a novation 10.
Worked example. Contractor S, which holds a contract with the size rerepresentation clause, bought a smaller company last spring without a novation and its headcount doubled. It rerepresents its size on that contract within 30 days of the acquisition. Before its next offer it also rereads its SAM size representations against the solicitation's NAICS code, finds it is no longer small for that code, and updates SAM before bidding instead of certifying from last year's answers.
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