AAPD 22-03: UEI/SAM Registration Exception for Acquisition Awards: This AAPD details a recently-approved class deviation that provides a new, temporary exception for UEI/SAM registration requirements for acquisition awards.
AAPDs provide information of significance to all agency personnel and partners involved in the Acquisition and Assistance process. Information includes (but is not limited to): advance notification of changes in acquisition or assistance regulations; reminders; procedures; and general information. Also, AAPDs may be used to implement new requirements on short-notice, pending formal amendment of acquisition or assistance regulations.
Subject Category: Acquisition, Personal Service Contract
Purpose: The purpose of this AAPD is to provide guidance and instructions regarding a new class deviation that provides a temporary exception related to the System for Award Management (SAM) registration requirements for contractors. This Class Deviation No. M-OAA-DEV-FAR-22-07c was issued to allow Contracting Officers (COs) to make urgent awards while waiting for entities to be fully registered in SAM. Class Deviation No. M-OAA-DEV-FAR-22-07c allows COs to use a temporary exception under FAR 4.1102(a) (see Attachment 1) to make an award to an entity that can prove it has initiated the SAM registration process, but is not yet actively registered at the time of offer submission, when there are urgent circumstances requiring the award of the contract to meet the agency’s needs. When using this exception, COs must follow the required actions and guidance provided below. This AAPD is effective as of the issuance date on the cover page and continues in effect until January 31, 2023 unless rescinded earlier. After this date, COs may not use this deviation to award contracts to entities that are not fully registered in SAM.
Required Actions: The following steps must be followed in the event a CO elects to utilize the class deviation in Attachment 1 when awarding a contract that must be made urgently pending the entity’s SAM registration:
(1) Include language in solicitations: For new and open solicitations where the contract is anticipated to be awarded prior to January 31, 2023, the CO must insert the following language into the “Instructions to Offerors” in Section L, as well as insert the special contract requirement (see Attachment 2) into Section H of the solicitation:
“Offerors must provide all required information when submitting an offer or quotation, including a UEI, and be fully registered in SAM. If circumstances beyond the offeror’s control prevent the offeror from completing its UEI/SAM registration prior to submitting an offer or quotation, the Offeror may submit its proposal for consideration at USAID’s discretion based on the availability of an exception under FAR 4.1102(a). If awarded a contract, the contractor will be required to obtain a UEI and complete its registration in SAM as soon as possible after award in accordance with the special contract requirement “System for Award Management Registration” found in Section H.”
Background: In accordance with FAR 4.1102(a) and FAR 52.204-7(b), an entity applying for an acquisition award must be registered in SAM at the time an offer is submitted, and continue to be registered through award, performance, and final payment of any contract, unless an exception applies. FAR 4.1102(a) outlines the available exceptions. The entity must also have a unique entity identifier (UEI) linked to and maintained with its SAM registration.
Date Issued: September 26, 2022