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  • Question

    Is it a requirement to do a SAM check for this type modification? If so, must we provide all three, i.e., Registration, Reps & Certs, and Entity information? Please elaborate and provide applicable regulation. Thank you so much!


    Answer

    In accordance with FAR 9.405(a) Contractors debarred, suspended, or proposed for debarment are excluded from receiving contracts, and agencies shall not solicit offers from, award contracts to, or consent to subcontracts with these contractors. FAR 9.405(b) additionally excludes subcontractors that have an active exclusion record in SAM from receiving subcontracts.  Further, in accordance with FAR 9.405(b), agencies shall not extend contracts with contractors that have been declared ineligible pursuant to 22 U.S.C. 2593e.

    FAR 9.405(d) (1-4) describes four distinct conditions when the contracting officer shall review the exclusion records in SAM.

    FAR 9.405-1 Continuation of current contracts also describes conditions when the agency head can make a written determination of the compelling reasons continuation of current contracts with contractors debarred, suspended, or proposed for debarment.

    DFARS 209.405 does not amplify the conditions described at FAR 9.405(d) and FAR 9.405-1.

    A bi-lateral modification to an existing contract to de-obligate unused travel funds does not meet the conditions described in the FAR or DFARS when the contracting officer shall review the exclusion records in SAM.

    However, 9.404(c)(5)  Exclusions in the System for Award Management requires that each Agency establish procedures to ensure that the agency does not solicit offers from, award contracts to, or consent to subcontracts with contractors who have an active exclusion record in SAM, except as otherwise provided in this subpart.

    Check your Agency supplemental procedures to see if additional requirements and conditions have been established by your specific agency regarding when the contracting officer shall review the exclusions records in SAM.

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