ARTICLE
20 September 2023

DOE Class Deviation Softens FAR Requirement For Continuous SAM Registration

CM
Crowell & Moring LLP

Contributor

Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us.
On September 6, 2023, the Department of Energy (DOE) issued a Class Deviation removing the FAR 52.204-7 requirement that a contractor maintain its System for Award Management (SAM)...
United States Government, Public Sector
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On September 6, 2023, the Department of Energy (DOE) issued a Class Deviation removing the FAR 52.204-7 requirement that a contractor maintain its System for Award Management (SAM) registration for the entire time from proposal submission until contract award, without any lapse. As background, FAR 52.204-7 has since 2018 provided that "[a]n Offeror is required to be registered in SAM when submitting an offer or quotation and shall continue to be registered until time of award . . . ." As we discussed here, the Court of Federal Claims has strictly enforced this language, holding that it unambiguously requires a contractor to maintain its SAM registration throughout the entire proposal and evaluation process, and that an agency lacks the authority to waive that requirement.

The DOE Class Deviation, effective immediately for all DOE procurements, makes the flowing changes:

  • Removes the "shall continue to be registered until time of award" language; and
  • Adds the following language: "A failure to register in SAM or a lapse in SAMs [sic] registration may be treated by the Contracting Officer as a correctable matter of responsibility."

While this class deviation applies only to DOE procurements, companies should watch for whether other federal agencies follow suit and issue similar class deviations. Companies also should begin proactively updating existing registrations well in advance of expiration. Even though the SAM initial registration and update processes have improved over the past year since the original change to the Unique Entity Identifier (UEI) assignment and accompanying entity validation steps, potential delays in the entity validation and Defense Logistics Agency CAGE Code processing steps still caution early registrations and early updates to ensure registration timeliness and continuity.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
20 September 2023

DOE Class Deviation Softens FAR Requirement For Continuous SAM Registration

United States Government, Public Sector

Contributor

Our founders aspired to create a different kind of law firm when they launched Crowell & Moring in 1979. From those bold beginnings, our mission has been to provide our clients with the best services of any law firm in the world through a spirit of trust, respect, cooperation, collaboration, and a commitment to giving back to the communities around us.
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