In response to the extensive delays seen since April 2022 with the transition from DUNS numbers to Unique Entity Identifiers (UEI), the Department of Defense (DoD) announced in September that it isn't requiring contractors to have a new UEI until October 31, 2022.
The Department of Defense (DoD) has issued a Deviation to the Federal Acquisition Regulation (FAR).
This deviation extends the deadline to submit your Unique Entity Identifier (UEI) number for both new and existing contracts.
The FAR is a set of laws, regulations, and rules that apply to all federal agencies. It provides uniform policies to be applied across all DoD acquisition programs. The FAR is the bible for government contractors because it covers everything from how you will be paid under your contract, what material must be submitted with proposals, and what happens if you fail to perform on time or at all.
The deviation stated that contracting officers could apply a section of the FAR that lets them move forward with an acquisition “when an offeror can prove it has initiated or attempted to start the SAM registration process. These procedures allow the offeror to not be actively registered in SAM until 30 days after award or the date of its first invoice, whichever comes first.”
An Interim Rule
You’ll need to prove to the DoD that you have started the process to acquire a UEI in order for this deviation to apply to you. Here are the further requirements as outlined in the memo issued by John Tenaglia, director of Defense Pricing and Contracting:
- Use a copy of the ticket (with ticket number and date) the offeror has submitted to SAM’s Federal Service Desk (FSD) as the offeror’s proof of its initiation or attempt to start the SAM registration process;
- Provide the FSD ticket number to their Service/Agency SAM lead in accordance with established SAM ticket escalation procedures so that Defense Pricing and Contracting (Contracting eBusiness) may prioritize the ticket for action with the SAM Program Office;
- Ensure the offeror has provided responses for the required FAR and DFARS provisions for the solicitation that would normally be captured in the annual representations and certifications section of a SAM registration (see FAR 4.1202 and DFARS 204.1202, or FAR 12.301(b)(2) if using commercial procedures);
- If using the Procurement Integrated Enterprise Environment (PIEE) solicitation module to receive offers, ensure an alternate method is provided for offerors to submit their proposals or quotes (e.g., an email address), as the PIEE solicitation module requires the offeror to be actively registered in SAM in order to submit a proposal or quote through the module;
- Monitor the contractor’s completion of registration as soon as possible after the award to ensure contract performance, administration, receipt, and invoicing processes are not impacted; and • Delay reporting the award to the Federal Procurement Data System until the contractor is actively registered in SAM so the contract action report will not fail to process.
However, if you have questions about the rule that aren’t answered by this article or the federal register, feel free to contact us.
Good News for Contractors
The deviation extends the deadline for unique entity identifier (UEI) requirements on DoD contracts and task and delivery orders to allow contractors more time to comply with this requirement.
Contactors will now have until October 31st, 2022 to submit their unique entity identifier to the Federal Procurement Data System. Contractors who receive a contract amendment that requires a UEI before October 31, 2022, will also have until October 31, 2022, to submit a UEI, even if it was already required by their original contract.
Conclusion
This class deviation remains in effect through October 31, 2022, but it is subject to extension as mentioned in the memo issued by the Department of Defense (DoD). If you have any questions about this deviation or if you need help navigating the change, please contact us at (877) 252-2700.
