1. Home
  2. |Insights
  3. |DOE Class Deviation Softens FAR Requirement for Continuous SAM Registration

DOE Class Deviation Softens FAR Requirement for Continuous SAM Registration

Client Alert | 2 min read | 09.19.23

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.

Insights

Client Alert | 10 min read | 03.27.25

FinCEN Axes Corporate Transparency Act’s Reporting Obligations for U.S. Companies and U.S. Persons

Since December of last year, the status of the CTA has been in a state of perpetual flux, following a dizzying series of federal court rulings and FinCEN announcements. On February 28, 2025, we reported that FinCEN paused enforcement actions for entities required to report under the CTA’s Beneficial Ownership Information Reporting Rule (BOI Rule) until FinCEN issued an interim final rule providing new guidance regarding the BOI Rule’s requirements and associated deadlines. Then, on March 2, 2025, Treasury went a step further, indicating that it would altogether cease enforcement against U.S. citizens and domestic reporting companies for violations of the BOI Rule, explaining that it would instead issue proposed rulemaking to narrow the scope of the BOI Rule to “foreign reporting companies” only and set new reporting deadlines. ...