CHANGES IMPLEMENTED PER PRESIDENTIAL EXECUTIVE ORDERS.pdf
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- Solicitation number
- 36C26325R0057
About this file
This document details changes to federal contract clauses implemented through Presidential Executive Orders 14173 and 14168, effective February 18, 2025. The changes specifically revoke previous equal employment opportunity regulations and modify terminology related to federal contracting requirements. The document outlines clauses that will no longer apply to contracts, such as previous affirmative action and equal opportunity compliance requirements, and lists new clauses that will be considered included and applicable when appropriate, including updated representations and certifications for commercial products and services.
The document also notes that the System for Award Management (SAM) may continue to display outdated representations, but contracting officers will not consider these representations when making award decisions. Entities are not required to update their registrations to remove these representations. This guidance appears to be part of a broader effort to modify federal contracting standards related to employment and representation requirements.
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CHANGES IMPLEMENTED PER PRESIDENTIAL EXECUTIVE ORDERS:
1. Class deviation, in accordance with FAR 1.404 and as authorized by the Civilian Agency Acquisition Council (CAAC) letter 2025-01 Supplement 1, dated February 18, 2025, to implement Executive Order (E.O.) 14173, “Ending Illegal Discrimination and Restoring Merit-Based Opportunity,” and the revocation of E.O. 11246, “Equal Employment Opportunity,” and to update terminology based on E.O. 14168, “Defending Women From Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.”
2. Pursuant to Executive Orders 14173 and 14168, the following clauses will no longer apply.
Should these clauses appear in the contract they will be deemed as non-applicable:
52.222-9, Apprentices and Trainees 52.222-21, Prohibition of Segregated Facilities 52.222-22, Previous Contracts and Compliance Reports 52.222-23, Notice of Requirement for Affirmative Action To Ensure Equal Employment Opportunity for Construction 52.222-24, Preaward On-Site Equal Opportunity Compliance Evaluation 52.222-25, Affirmative Action Compliance 52.222-26, Equal Opportunity 52.222-27, Affirmative Action Compliance Requirements for Construction 52.222-29, Notification of visa denial
Pursuant to Executive Orders 14173 and 14168, the following clauses are required when appropriate. Should these clauses apply to the type of contract awarded, they will be considered included and applicable:
52.204-8, Annual Representations and Certifications (JAN 2025) (DEVIATION FEB 2025) 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services (MAY 2024) (DEVIATION FEB 2025) 52.212-5, Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Products and Commercial Services (JAN 2025)
(DEVIATION FEB 2025)
52.213-4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Products and Commercial Services) (JAN 2025) (DEVIATION FEB 2025) 52.222-6 Construction Wage Rate Requirements (AUG 2018) (DEVIATION FEB 2025) 52.222-11 Subcontracts (Labor Standards) (MAY 2014) (DEVIATION FEB 2025) 52.222-12 Contract Termination—Debarment (MAY 2014) (DEVIATION FEB 2025) 52.244-6, Subcontracts for Commercial Products and Commercial Services (JAN
2025) (DEVIATION FEB 2025)
3. Notice: System updates may lag behind policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are no longer included in agency solicitations. Examples include 52.222-25, Affirmative
This Page Will Be Included In The Contract:
Action Compliance, and paragraph (d) of 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services. Contracting officers will not consider these representations when making award decisions or enforce requirements.
Entities are not required to, nor are they able to, update their entity registration to remove these representations in SAM
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