S02 FAR DEVIATION FEB 2025 NOTICE 2.1.docx

This is a FAR Deviation Notice issued in February 2025 addressing a discrepancy between System for Award Management (SAM) requirements and agency solicitation provisions. The notice informs entities that SAM may continue to require completion of representations and certifications based on Federal Acquisition Regulation (FAR) provisions that are not included in specific agency solicitations, such as FAR 52.222-25 (Affirmative Action Compliance) and paragraph (d) of FAR 52.212-3 (Offeror Representations and Certifications-Commercial Products and Commercial Services). The notice clarifies that contracting officers will not consider these representations when making award decisions or enforcing contract requirements, and that entities are neither required to nor able to update their SAM registration to remove such representations.

This deviation applies to the solicitation 36C24226B0042 for the replacement of the Boiler Plant Main Electrical Switchgear at the VA New York Harbor Healthcare System in St. Albans, a construction project valued between $1,000,000 and $5,000,000 with a 730-calendar-day completion timeline. Contractors should be aware that while SAM may request certain certifications and representations during registration, they should not assume these requirements apply to this specific solicitation unless explicitly stated in the agency's solicitation documents.