Attachment J.8 - NOTICE TO OFFERORS.docx
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- Attached to
- RESEARCH AND TECHNOLOGY TO PROMOTE SAFETY OF COMMERCIAL MOTOR VEHICLES, DRIVERS, AND CARRIERS
- Solicitation number
- 693JJ426R000002
About this file
This is a notice to offerors attachment regarding System for Award Management (SAM) representations and certifications. The notice advises that SAM system updates may lag behind policy updates, and entities may be required to complete representations based on provisions not included in Department of Transportation solicitations, such as FAR 52.222-25 (Affirmative Action Compliance) and FAR 52.212-3(d) (Offeror Representations and Certifications). Contracting officers will not consider these outdated representations when making award decisions or enforce related requirements, and entities are neither required nor able to update their SAM registration to remove these representations.
The notice clarifies that FAR subparts 22.13 (Equal Opportunity for Veterans) and 22.14 (Employment of Workers with Disabilities) remain in effect as they are based on statute and are not affected by the revocation of Executive Order 11246. Additionally, existing U.S. civil rights and nondiscrimination laws continue to apply regardless of government contractor status. This notice is associated with RFP 693JJ426R000002 for research and technology services to promote commercial motor vehicle safety under the Federal Motor Carrier Safety Administration.
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ATTACHMENT J. 8
ATTACHMENT J. 8
NOTICE TO OFFERORS
System for Award Management (SAM)
“System updates may lag policy updates. The System for Award Management (SAM) may continue to require entities to complete representations based on provisions that are not included in DOT solicitations. Examples include:
• 52.222-25, Affirmative Action Compliance, and
• 52.212-3(d), Offeror Representations and Certifications—Commercial Products and Commercial Services.
Contracting Officers will not need to 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.”
CONTRACTORS SHOULD BE AWARE OF THE FOLLOWING:
1. FAR subparts 22.13, Equal Opportunity for Veterans, and 22.14, Employment of Workers with Disabilities, and their related provisions and clauses, are based on statute, and are not covered by the revocation of E.O. 11246, and thus are not affected by this FAR class deviation.
2. Existing United States laws on civil rights/nondiscrimination apply whether or not the company is a government contractor.
ATTACHMENT J.8 - NOTICE TO OFFERORS Page 1 of 1 RFP No. 693JJ426R000002
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