FAR 52.204-8—Annual Representations and Certifications.
Plain-English Summary
FAR 52.204-8, Annual Representations and Certifications, tells offerors and contracting officers how annual representations in the System for Award Management (SAM) are used in a solicitation and which specific representations and certifications are incorporated by reference. This provision covers the NAICS code and small business size standard for the acquisition, the special size standard for non-manufacturers and certain information technology value-added resellers, and the election process when the solicitation does or does not include FAR 52.204-7, System for Award Management. It also identifies the individual SAM-based representations and certifications that may apply to the solicitation, including independent price determination, payments to influence Federal transactions, internal confidentiality agreements, taxpayer identification, women-owned business status, covered telecommunications equipment or services, inverted domestic corporations, responsibility matters, delinquent tax liability or felony conviction, and place of performance in sealed bidding. In practice, this provision reduces repetitive paperwork by allowing offerors with active SAM registrations to rely on annual representations instead of resubmitting the same information in each solicitation, while still ensuring the Government has current eligibility, responsibility, and socioeconomic status information. It matters because the answers can affect set-aside eligibility, price evaluation preferences, award eligibility, and compliance risk. Contracting officers must insert the correct NAICS and size standard and determine which representations are applicable; offerors must ensure their SAM data and solicitation responses are accurate and current.
Key Rules
Insert NAICS and size standard
The solicitation must state the NAICS code and the corresponding small business size standard for the acquisition. These values drive small business eligibility and are foundational to evaluating whether an offeror qualifies for set-aside or preference purposes.
Special nonmanufacturer size rule
For certain non-construction and non-service acquisitions where the offeror will furnish an end item it did not manufacture, process, or produce, the applicable size standard is 500 employees, or 150 employees for IT value-added resellers under NAICS 541519 in specified small business, HUBZone, and socioeconomic set-aside situations. This rule affects whether a firm can qualify as small when acting as a reseller rather than a manufacturer.
SAM election when 52.204-7 is absent
If the solicitation does not include FAR 52.204-7 and the offeror has an active SAM registration, the offeror may choose to rely on paragraph (d) of this provision instead of completing individual representations and certifications in the solicitation. The offeror must clearly indicate which option applies by checking the appropriate box.
Annual SAM representations may be used
When paragraph (d) applies, the offeror’s annual SAM representations and certifications are incorporated into the solicitation. This streamlines the offer process, but only if the SAM record is active and the applicable representations are current and accurate.
Independent price determination
The Certificate of Independent Price Determination applies to certain fixed-price solicitations, with exceptions for simplified acquisitions, two-step sealed bidding technical proposals, and utility services with regulated rates. It is intended to prevent collusive bidding and other anticompetitive conduct.
Anti-bribery and disclosure certification
The certification regarding payments to influence certain Federal transactions applies to solicitations expected to exceed $200,000. Offerors must certify compliance with restrictions on lobbying-related payments and related disclosures.
Internal confidentiality agreement prohibition
The representation concerning internal confidentiality agreements or statements applies to all solicitations. It addresses restrictions on certain employee confidentiality provisions that could interfere with whistleblower rights or Federal contracting policy.
Other mandatory representations
The provision identifies additional SAM-based representations that may apply, including taxpayer identification, women-owned business status, covered telecommunications equipment or services, inverted domestic corporations, responsibility matters, delinquent tax liability or felony conviction, and place of performance in sealed bidding. Each applies only when the solicitation conditions stated in the provision are met.
Responsibilities
Contracting Officer
Insert the correct NAICS code and small business size standard, determine which representations and certifications apply, and include or omit FAR 52.204-7 as appropriate. The contracting officer must also ensure the solicitation clearly tells offerors whether paragraph (d) may be used and must evaluate offers using the applicable representations.
Offeror
Maintain an active and accurate SAM registration when relying on annual representations, choose the correct election when paragraph (d) is available, and ensure all applicable representations and certifications are current and truthful. The offeror must also understand how its size status, business type, and compliance certifications affect eligibility for award.
Small Business Concern
Confirm that the NAICS code and size standard support its claimed small business status, including the special nonmanufacturer or reseller rules when applicable. The firm must avoid misrepresenting size or socioeconomic status, because those representations can determine set-aside eligibility and award validity.
Agency
Use the provision consistently with FAR policy, ensure solicitation templates and SAM-based representations are properly aligned, and rely on current registration data only when the solicitation structure permits it. The agency must also enforce compliance where a representation reveals a potential statutory or regulatory bar to award.
Practical Implications
This provision can save time because offerors do not have to repeat the same representations in every solicitation if their SAM record is active and the solicitation allows paragraph (d) to be used.
A common pitfall is mismatching the solicitation’s NAICS code or size standard with the offeror’s SAM record or business status, which can lead to ineligibility or protest risk.
Offerors should not assume that an active SAM registration automatically satisfies every solicitation; they must still check whether paragraph (d) applies and whether any solicitation-specific representations are required.
Contracting officers need to verify which representations actually apply based on the acquisition type, dollar value, and set-aside status, because some clauses apply only in limited circumstances.
Errors in representations about size, ownership, telecommunications equipment, tax liability, or responsibility matters can affect award eligibility and may create post-award compliance or termination issues.
Official Regulatory Text
As prescribed in 4.1202 (a) , insert the following provision: Annual Representations and Certifications (Mar 2026) (a) (1) The North American Industry Classification System (NAICS) code for this acquisition is __________________ [insert NAICS code] . (2) The small business size standard is _____________ [insert size standard] . (3) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519 if the acquisition— (i) Is set aside for small business and has a value above the simplified acquisition threshold; (ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value. (b) (1) If the provision at 52.204-7 , System for Award Management, is included in this solicitation, paragraph (d) of this provision applies. (2) If the provision at 52.204-7 , System for Award Management, is not included in this solicitation, and the Offeror has an active registration in the System for Award Management (SAM), the Offeror may choose to use paragraph (d) of this provision instead of completing the corresponding individual representations and certifications in the solicitation. The Offeror shall indicate which option applies by checking one of the following boxes: (i) □ Paragraph (d) applies. (ii) □ Paragraph (d) does not apply and the offeror has completed the individual representations and certifications in the solicitation. (c) (1) The following representations or certifications in SAM are applicable to this solicitation as indicated: (i) 52.203-2 , Certificate of Independent Price Determination. This provision applies to solicitations when a firm-fixed-price contract or fixed-price contract with economic price adjustment is contemplated, unless– (A) The acquisition is to be made under the simplified acquisition procedures in part 13 ; (B) The solicitation is a request for technical proposals under two-step sealed bidding procedures; or (C) The solicitation is for utility services for which rates are set by law or regulation. (ii) 52.203-11 , Certification and Disclosure Regarding Payments to Influence Certain Federal Transactions. This provision applies to solicitations expected to exceed $200,000. (iii) 52.203-18 , Prohibition on Contracting with Entities that Require Certain Internal Confidentiality Agreements or Statements-Representation. This provision applies to all solicitations. (iv) 52.204-3 , Taxpayer Identification. This provision applies to solicitations that do not include the provision at 52.204-7 , System for Award Management. (v) 52.204-5 , Women-Owned Business (Other Than Small Business). This provision applies to solicitations that- (A) Are not set aside for small business concerns; (B) Exceed the simplified acquisition threshold; and (C) Are for contracts that will be performed in the United States or its outlying areas. (vi) 52.204-26 , Covered Telecommunications Equipment or Services-Representation. This provision applies to all solicitations. (vii) 52.209-2 , Prohibition on Contracting with Inverted Domestic Corporations-Representation. (viii) 52.209-5 , Certification Regarding Responsibility Matters. This provision applies to solicitations where the contract value is expected to exceed the simplified acquisition threshold. (ix) 52.209-11 , Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. This provision applies to all solicitations. (x) 52.214-14 , Place of Performance-Sealed Bidding. This provision applies to invitations for bids except those in which the place of performance is specified by the Government. (xi) 52.215-6 , Place of Performance. This provision applies to solicitations unless the place of performance is specified by the Government. (xii) 52.219-1 , Small Business Program Representations (Basic, Alternates I, and II). This provision applies to solicitations when the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000 (b)(1)(ii). (A) The basic provision applies when the solicitations are issued by other than DoD, NASA, and the Coast Guard. (B) The provision with its Alternate I applies to solicitations issued by DoD, NASA, or the Coast Guard. (C) The provision with its Alternate II applies to solicitations that will result in a multiple-award contract with more than one NAICS code assigned. (xiii) 52.219-2 , Equal Low Bids. This provision applies to solicitations when contracting by sealed bidding and the contract is for supplies to be delivered or services to be performed in the United States or its outlying areas, or when the contracting officer has applied part 19 in accordance with 19.000 (b)(1)(ii). (xiv) 52.222-22 , Previous Contracts and Compliance Reports. This provision applies to solicitations that include the clause at 52.222-26 , Equal Opportunity. (xv) 52.222-25 , Affirmative Action Compliance. This provision applies to solicitations, other than those for construction, when the solicitation includes the clause at 52.222-26 , Equal Opportunity. (xvi) 52.222-38 , Compliance with Veterans’ Employment Reporting Requirements. This provision applies to solicitations when it is anticipated the contract award will exceed the simplified acquisition threshold and the contract is not for acquisition of commercial products or commercial services. (xvii) 52.223-1 , Biobased Product Certification. This provision applies to solicitations that require the delivery or specify the use of biobased products in USDA-designated product categories; or include the clause at 52.223-2 , Reporting of Biobased Products Under Service and Construction Contracts. (xviii) 52.223-4 , Recovered Material Certification. This provision applies to solicitations that are for, or specify the use of, EPA–designated items. (xix) 52.223-22 , Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation. This provision applies to solicitations that include the provision at 52.204-7 . (xx) 52.225-2 , Buy American Certificate. This provision applies to solicitations containing the clause at 52.225-1 . (xxi) 52.225-4 , Buy American-Free Trade Agreements-Israeli Trade Act Certificate. (Basic, Alternates II and III.) This provision applies to solicitations containing the clause at 52.225-3 . (A) If the acquisition value is less than $50,000, the basic provision applies. (B) If the acquisition value is $50,000 or more but is less than $100,000, the provision with its Alternate II applies. (C) If the acquisition value is $100,000 or more but is less than $105,767, the provision with its Alternate III applies. (xxii) 52.225-6 , Trade Agreements Certificate. This provision applies to solicitations containing the clause at 52.225-5 . (xxiii) 52.225-20 , Prohibition on Conducting Restricted Business Operations in Sudan-Certification. This provision applies to all solicitations. (xxiv) 52.225-25 , Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran-Representation and Certifications. This provision applies to all solicitations. (xxv) 52.226-2 , Historically Black College or University and Minority Institution Representation. This provision applies to solicitations for research, studies, supplies, or services of the type normally acquired from higher educational institutions. (2) The following representations or certifications are applicable as indicated by the Contracting Officer: [ Contracting Officer check as appropriate. ] (i) 52.204-17 , Ownership or Control of Offeror. (ii) 52.204-20 , Predecessor of Offeror. (iii) 52.222-18 , Certification Regarding Knowledge of Child Labor for Listed End Products. (iv) 52.222-48 , Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment- Certification. (v) 52.222-52 , Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Certification. (vi) 52.227-6 , Royalty Information. (A) Basic. (B) Alternate I. (vii) 52.227-15 , Representation of Limited Rights Data and Restricted Computer Software. (d) The offeror has completed the annual representations and certifications electronically in SAM website accessed through https://www.sam.gov . After reviewing the SAM information, the offeror verifies by submission of the offer that the representations and certifications currently posted electronically that apply to this solicitation as indicated in paragraph (c) of this provision have been entered or updated within the last 12 months, are current, accurate, complete, and applicable to this solicitation (including the business size standard applicable to the NAICS code referenced for this solicitation), as of the date of this offer and are incorporated in this offer by reference (see FAR 4.1201 ); except for the changes identified below [ offeror to insert changes, identifying change by clause number, title, date ]. These amended representation(s) and/or certification(s) are also incorporated in this offer and are current, accurate, and complete as of the date of this offer. FAR Clause # Title Date Change ________________________ Any changes provided by the offeror are applicable to this solicitation only, and do not result in an update to the representations and certifications posted on SAM. (End of provision) Alternate I (Mar 2023) . As prescribed in 4.1202 (a) , substitute the following paragraph (a) for paragraph (a) of the basic provision: (a)(1) The North American Industry Classification System (NAICS) codes and corresponding size standards for this acquisition are as follows; the categories or portions these NAICS codes are assigned to are specified elsewhere in the solicitation: NAICS Code Size standard ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ ________________________________ [ Contracting Officer to insert NAICS codes and size standards ]. (2) The small business size standard for a concern that submits an offer, other than on a construction or service acquisition, but proposes to furnish an end item that it did not itself manufacture, process, or produce, (i.e., nonmanufacturer), is 500 employees, or 150 employees for information technology value-added resellers under NAICS code 541519, if the acquisition— (i) Is set aside for small business and has a value above the simplified acquisition threshold; (ii) Uses the HUBZone price evaluation preference regardless of dollar value, unless the offeror waives the price evaluation preference; or (iii) Is an 8(a), HUBZone, service-disabled veteran-owned, economically disadvantaged women-owned, or women-owned small business set-aside or sole-source award regardless of dollar value.