The company thus far has performed the services on the contract. What options are available to Contracting Officer if the company does not renew its SAMS registration? Can the vendor be paid without an updated SAMS? The contract is up September 30, 2018.
First, one must ask what does the contract say? The mandatory clause for electronic payment requires SAM. Not complying is a breach of contract. IN any case, prepare and properly staff a cure notice to ensure no work stoppage. Make sure your management will back your decision to demand compliance. Ensure everyone supports your demand that the inexperienced or contrary contractor cure the situation by recertifying in SAM. As always, you are encouraged to consult with your legal counsel. Ensure your acquisition team, legal, and management support your decision. You want to submit a cure notice as soon as possible, because your options get worse as you delay. You risk being in a hostage situation where the contractor may threaten to stop work or submit a claim. A creative solution would be to offer to modify the contact to allow the payment office to pay a CO approved hard copy invoice. Tet the interest amount or waiver of interest owed as consideration! Your agency may have a policy that guides an override or waiver in case the contractor is incapable of complying with the FAR clause requirements.
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