S02 FAR DEVIATION FEB 2025 NOTICE 2.1.docx

This is a FAR Deviation Notice issued in February 2025 regarding System for Award Management (SAM) representation requirements. The notice addresses a discrepancy between SAM's system requirements and current federal acquisition regulation (FAR) provisions, specifically noting that SAM may continue to require entities to complete representations based on provisions that are no longer included in agency solicitations. Examples cited include FAR 52.222-25 (Affirmative Action Compliance) and paragraph (d) of FAR 52.212-3 (Offeror Representations and Certifications for Commercial Products and Services).

The deviation clarifies that contracting officers will not consider representations required by SAM but not included in solicitations when making award decisions or enforcing contract requirements. Consequently, entities are neither required to nor able to update their SAM entity registrations to remove such outdated representations. This notice applies to the solicitation for Y1DZ--NRM CONSTR PROJ - 630-26-102, a design-build HVAC construction project for Buildings 4 and 5 issued by the Department of Veterans Affairs Veterans Health Administration Veterans Integrated Service Network 2 (Solicitation Number 36C24226R0034). The project involves upgrading AC plants with three new chillers, cooling towers, variable frequency drive cabinets, and electrical switchgear to address insufficient ventilation and cooling capacity for new equipment at the Main Hospital.