MEMORANDUM
REQUEST FOR TEMPORARY DEVIATION FROM FEDERAL ACQUISITION REGULATION REQUIREMENTS FOR SYSTEM FOR AWARD MANAGEMENT (SAM) REGISTRATION
To: [Insert Name], Contracting Officer
Through: Office of General Counsel
Through: [Insert Name], Procurement Executive for Acquisition
From: [Relevant Deputy Director, Bureau/Office Name]
Date: [Insert date]
RE: Request for Deviation from FAR Requirements Regarding Timing of SAM Registration for Expert Services Contract for [name of potential expert] in [name of investigation/proceeding]
I recommend that you authorize this deviation from the Federal Acquisition Regulation (FAR) to obtain expert services from [name of potential expert] before completion of [his/her] registration in the System for Award Management (SAM), the central Federal contractor database for payment, tax, accounting and other purposes. See generally FAR Subpart 4.11. Staff in [name of Division or Office] seek to retain this expert in [name of litigation or investigation and very brief description (e.g., “a diet supplement case”)]. [Name of potential expert] will [describe what the expert will do, e.g., evaluate substantiation, determine if claims are misleading, prepare declaration, testify at trial]. [S/he] is currently [describe current professional credentials, why they are relevant to staff’s case, and if applicable, that s/he has previously done this work for the Agency]. Thus, [his/her] professional experience make [him/her]particularly well qualified for this contract
We understand that absent an individual or class deviation, FAR 4.1102 and 4.1103 normally require an expert that contracts with the agency to complete SAM registration prior to performance and payment. [Describe in detail: (1) What efforts were expended to find the recommended expert?; (2) Why the other experts are not recommended? and (3) Why the Agency cannot take additional time to find an expert that is already registered?] Under these circumstances, [name of Division or Office] staff are left with little or no practical alternative but to seek this deviation.]
Upon your approval, this deviation shall exempt [name of potential expert] from the requirement that [his/her] SAM registration be fully complete prior to contract award (FAR 4.1102) and the parallel requirement for the agency to verify that [his/her] registration is complete before formally awarding the contract (FAR 4.1103). Consistent with Civil Acquisition Letter 2012-04 (Sept. 27, 2012), stating conditions under which an agency may appropriately deviate from SAM, [his/her] registration must be complete before the agency is invoiced for payment. This deviation is not an exemption from any other applicable FAR requirements, including but not limited to the requirements of FAR 9.405 (prohibiting contractors who have been debarred, suspended, or proposed for debarment from receiving contracts) or 32.1108 (prohibiting the use of Government purchase cards for payments to contractors who have delinquent debts subject to collection by Treasury offset).
The Contracting Officer (CO) will provide representations and certifications to the expert to complete. Upon completion, the CO will review the representations and certifications and include in the contract file.
As required by FAR 1.403, a copy of this justification and approval of the deviation shall be maintained in the relevant contract file. The contract shall also incorporate the model deviation clause (FAR 52.204-99) specified by the Civil Acquisition Letter, supra, to permit [name of potential expert] to complete [his/her] SAM registration up until the time the agency is invoiced, rather than requiring that [s/he] complete the registration before the agency formally awards the contract.
REVIEWED:
__________________________________________________________________________
[Insert Name], (Date)
Contracting Officer
_________________________________________________________________________
Office of General Counsel (Date)
APPROVED:
_________________________________________________________________________
[Insert Name], (Date)
Head of Contracting Activity