Comment on FR Doc # 2026-12559

I appreciate the FAR Council's efforts to streamline the Federal Acquisition Regulation by consolidating and modernizing representations and certifications. However, I respectfully request that the Council clarify how agencies are expected to comply with Section 889 of the National Defense Authorization Act (NDAA) for micro-purchases if procurement-specific representations are removed from SAM.gov and incorporated exclusively into solicitations. The proposed rule indicates that procurement-specific representations and certifications will no longer be maintained as annual representations in SAM.gov and instead will be completed in response to individual solicitations. While this approach may be appropriate for competitive procurements, it presents a significant implementation challenge for micro-purchases. Many micro-purchases, particularly those conducted using Government Purchase Cards, are completed without a formal solicitation, offer, or contract document that would provide a vehicle for obtaining a Section 889 representation. Millions of routine commercial transactions are executed each year through streamlined acquisition procedures specifically intended to minimize administrative burden while maintaining compliance with applicable laws. Section 889 remains a statutory prohibition, and agencies must continue to comply with its requirements regardless of dollar value. However, the proposed rule does not appear to identify a governmentwide mechanism for documenting vendor compliance when no solicitation exists. Without clarification, agencies may be required to develop independent processes to obtain or maintain vendor representations, resulting in inconsistent implementation across the Federal Government, increased administrative costs, and additional burden on both agencies and commercial vendors. To address this issue, I respectfully recommend that the FAR Council consider one of the following approaches: Retain a centralized Section 889 representation within SAM.gov (or another governmentwide repository) that may be relied upon for acquisitions where no solicitation is issued; Establish a specific compliance process applicable to micro-purchases conducted without solicitations; or Clarify that agencies may rely on an alternative governmentwide method for documenting Section 889 compliance for micro-purchases. Providing a consistent governmentwide approach would support continued compliance with Section 889 while preserving the efficiency and streamlined nature of micro-purchase procedures. This clarification would be particularly beneficial for agencies that administer high-volume purchase card programs, where requiring individual representations for routine commercial transactions could significantly increase administrative burden without enhancing supply chain security. Thank you for considering this comment and for your continued efforts to modernize the FAR while maintaining effective acquisition safeguards.