SAM exclusions and responsibility: screening teaming partners

Before you put a company on your team, make sure the Government will let you pay it. Federal agencies record exclusions (suspensions, debarments, proposed debarments and other ineligibility actions) in SAM.gov, and FAR Subpart 9.4 sets out what they mean. An excluded company generally cannot receive new federal contracts, and primes are restricted from subcontracting with excluded parties. Screening a partner takes minutes; discovering an exclusion after proposal submission can cost you the award.

What an exclusion means#

Under FAR 9.405, agencies may not solicit offers from, award contracts to, or consent to subcontracts with contractors that are debarred, suspended or proposed for debarment, unless the agency head determines that there is a compelling reason. The records you are most likely to see:

Exclusions can name individuals and, when they are specifically named, affiliates of the excluded company. An exclusion also reaches existing work: agencies generally may not exercise options, place orders above guaranteed minimums or add new work on an excluded contractor's current contracts (FAR 9.405-1). That matters when you are deciding whether to team with an incumbent.

What FAR 52.209-6 asks of primes#

When FAR 52.209-6 is in your contract, it generally requires the prime to:

• Not enter into a subcontract above the dollar threshold stated in the clause, other than for commercially available off-the-shelf items, with a party that is debarred, suspended or proposed for debarment, unless there is a compelling reason
• Require each proposed subcontractor above that threshold to disclose in writing whether it or its principals are excluded
• Have a corporate officer or a designee notify the contracting officer in writing before entering into a subcontract with an excluded party, with the compelling reason and the safeguards in place
• Flow the requirement down to lower-tier subcontracts as the clause directs

Checking SAM.gov is the practical way to meet these obligations, and the written disclosure gives you a record of what the subcontractor told you.

Exclusions are not the only test: responsibility#

Contracting officers award contracts only to responsible prospective contractors (FAR Subpart 9.1). The general standards include adequate financial resources, the ability to meet the performance schedule, a satisfactory performance record, a satisfactory record of integrity and business ethics, the necessary organization, experience, controls and technical skills, the necessary equipment and facilities, and being otherwise qualified and eligible to receive an award. Before awards above the simplified acquisition threshold, contracting officers also review integrity and performance information, including the responsibility and qualification records in SAM.gov that were formerly kept in FAPIIS.

Prospective primes are generally responsible for determining the responsibility of their prospective subcontractors (FAR 9.104-4). A partner's problems can quickly become your proposal's problems.

A partner-screening routine#

Common pitfalls#

• Screening once. Exclusions can appear at any time. Re-check at every milestone, not just when you sign the teaming agreement.
• Searching only the trade name. Records are filed under legal names and can name affiliates and individuals. Search by UEI and CAGE code as well.
• Ignoring proposed debarments. A proposed debarment excludes a company while it is pending.
• Assuming an excluded incumbent is a safe partner. Because agencies generally cannot exercise options or add new work for an excluded contractor, an exclusion changes the recompete picture too.

How TeamingIndex helps#

• Every profile carries the SAM.gov exclusion flag and registration health from the nightly sync. Entities with an active exclusion or an expired registration are hidden from default search and flagged wherever they appear.
• Researching an incumbent or a former partner? Include them deliberately with excluded and inactive entities shown.
• The Team Builder checks SAM.gov status and exclusions for every member in its gate matrix, so a problem surfaces before you commit workshare.
• Your own record is corrected at the source: fix it in SAM.gov and the next sync brings the change in. See SAM.gov registration and your UEI.