Many government contractors are familiar with the System for Award Management (SAM) that recently replace several different government registrations including ORCA and CCR. What many contractors may not be aware of is that the SAM system requires contractors to update their registration at least annually. There has recently been an update published by the Small Business Administration to the Code of Federal Regulations (13 CFR Parts 121, 124, 125, 126, and 127) that not only reiterates this annual recertification but outlines penalties if the certification is fraudulent. The new rule establishes that there is a presumption of loss by the government equal to the value of the contract if this is misrepresented by the business. It also provides that the business will no longer be classified a small business (or other socioeconomic status qualification) if they fail to update SAM at least annually until such time as they update SAM. This revision is a result of the Small Business Jobs Act of 2010. The new rule becomes effective August 27, 2013.
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