SAM Registration & Reps/Certs (Part 4)

FAR 52.212-3

Offeror Representations and Certifications—Commercial Products and Commercial Services

The single point where an offeror represents its size status, ownership, place of performance, taxpayer ID, and dozens of socioeconomic and statutory certifications (telecom Section 889, child-labor goods, prohibited persons, FCC equipment, etc.). Most representations are completed annually in SAM.gov; this clause says the SAM reps are incorporated by reference unless the offeror needs to update for the specific solicitation.

FAR / DFARS Part
FAR Part 12 — Acquisition of Commercial Products and Commercial Services
Prescribed By
FAR 12.301(b)(2) — Required in all solicitations for commercial products and commercial services.
Flow-down to Subcontracts

Not flowed down (offeror representations only).

What this clause requires

  • 1Offerors must have a current and complete entity registration in SAM.gov (FAR 4.1102).
  • 2Confirm the SAM reps and certs are current and accurate as of offer submission.
  • 3Complete any solicitation-specific reps that are not in SAM (e.g., size status if the NAICS in the solicitation differs from your primary).
  • 4Report any change in ownership, size, or socioeconomic status that occurred after annual SAM update.
  • 5Cybersecurity reps including 52.204-26 (covered telecom rep) and 52.204-24 (Section 889 Part B rep) may be triggered.

When this clause applies

Every Part 12 solicitation includes this clause. The 'long form' must be completed in SAM annually; in the specific solicitation you typically only complete paragraph (b) and any NAICS-specific size rep.

Alternates

Alt IWhen the acquisition is for commercial services to be performed outside the United States.

Common pitfalls

!Letting the annual SAM registration lapse — an inactive SAM record can disqualify an otherwise-winning offer.
!Forgetting to update size status when the solicitation NAICS code has a different size standard than your primary NAICS.
!Misrepresenting small-business status — this is a False Claims Act issue and can lead to suspension/debarment.
!Stale Section 889 representation — vendors must re-verify they neither use nor sell covered Huawei/ZTE/Hikvision/Dahua/Hytera equipment.

Proposal-team checklist

  • ☐Verify SAM.gov registration is 'Active' (not 'Submitted' or 'Inactive') before submitting; renewal is annual.
  • ☐Run a size-standard check for the solicitation's specific NAICS using SBA Table of Size Standards.
  • ☐Update Reps & Certs in SAM if there has been any merger, acquisition, or ownership change since last update.
  • ☐Pull a fresh SAM.gov entity-summary PDF and include in proposal volume if requested.

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FAQ

Do I have to fill out the whole 52.212-3 every time?

No. If you completed the annual reps and certs in SAM.gov, paragraph (b) of 52.212-3 lets you incorporate them by reference. You only complete the solicitation-specific items (size status under the solicitation's NAICS, place of performance, etc.).

What is the consequence of an inaccurate rep?

False reps can trigger FAR 9.4 suspension/debarment, FAR 52.215-19 facility clearance issues, and False Claims Act (31 U.S.C. § 3729) liability. Treat 52.212-3 as a sworn document.

How does Section 889 Part B fit in?

Since Aug 13 2020, every offeror must represent under 52.204-26 (which is folded into the SAM reps) that it does NOT use covered telecom equipment/services as a 'substantial or essential component' of any system. Many large primes failed to clear Part B and required waiver.

Related clauses

FAR 52.204-7
System for Award Management
FAR 52.204-24
Section 889 Part B Representation
FAR 52.204-26
Covered Telecom — Annual SAM Rep
FAR 52.219-28
Small Business Rerepresentation

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Reference content based on the Federal Acquisition Regulation and DFARS as of June 2026. Always verify the current clause text at acquisition.gov before relying on it for an actual submission. Educational reference; not legal advice.