Deviations to FAR 52.212-3 and 52.212-5.pdf
PDF 133 KB Posted
- Attached to
- 7 Interferometric Displacement Sensors Federal contract opportunity
- Solicitation number
- 1333ND25QNB680476
About this file
This document details deviations to Federal Acquisition Regulation (FAR) clauses 52.212-3 and 52.212-5 for commercial products and commercial services. The key changes are related to representations and certifications, specifically involving Equal Opportunity compliance and affirmative action programs. The document notes that system updates in the System for Award Management (SAM) may lag behind policy updates, and certain representations like greenhouse gas emissions and affirmative action compliance may continue to be required in SAM even if not included in current agency solicitations. Notably, contracting officers are instructed not to consider or use certain representations when making award decisions, and entities are not required to update their registration to remove these representations.
The document modifies sections related to previous contract compliance, affirmative action programs, and contract terms implementing statutes or executive orders. Specific changes include reserving certain sections related to Equal Opportunity (E.O. 11246) and Prohibition of Segregated Facilities, with deviation dates of February 2025 for both the Offeror Representations and Certifications and the Contract Terms and Conditions documents. The modifications appear to streamline and clarify reporting requirements for commercial product and service contractors while maintaining compliance with existing labor and equal opportunity regulations.
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| File | Type | Posted |
|---|---|---|
| Combined Synopsis Solicitation.docx | DOCX document | |
| Statement of Work.pdf |
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Deviations to FAR 52.212-3 and 52.212-5
NOTE: 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 agency solicitations.
Examples include:
52.223-22, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals— Representation, 2.222-25, Affirmative Action Compliance, and 52.212-3, Offeror Representations and Certifications—Commercial Products and Commercial Services - paragraph (d) Contracting officers shall not consider or use 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.
52.212-3 Offeror Representations and Certifications—Commercial Products and
Commercial Services.
As prescribed in 12.301(b)(2), insert the following provision:
Offeror Representations and Certifications—Commercial Products and Commercial
Services (MAY 2024) (DEVIATION FEB 2025)
(d) [Reserved]Representations required to implement provisions of Executive Order 11246—
(1) Previous contracts and compliance. The offeror represents that—
(i) It □ has, □ has not participated in a previous contract or subcontract subject to the Equal
Opportunity clause of this solicitation; and
(ii) It □ has, □ has not filed all required compliance reports.
(2) Affirmative Action Compliance. The offeror represents that—
(i) It □ has developed and has on file, □ has not developed and does not have on file, at each establishment, affirmative action programs required by rules and regulations of the Secretary of
Labor (41 CFR parts 60-1 and 60-2), or
(ii) It □ has not previously had contracts subject to the written affirmative action programs requirement of the rules and regulations of the Secretary of Labor.
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive
Orders—Commercial Products and Commercial Services.
As prescribed in 12.301(b)(4), insert the following clause:
Contract Terms and Conditions Required To Implement Statutes or Executive Orders—
Commercial Products and Commercial Services (JAN 2025)(DEVIATION FEB 2025)
(b) * * *
__(33) [Reserved] 52.222-21, Prohibition of Segregated Facilities (APR 2015).
__(34) [Reserved] (i) 52.222-26, Equal Opportunity (SEPT 2016) (E.O. 11246).
__(ii) Alternate I (FEB 1999) of 52.222-26.
(e)(1) * * *
(ix) [Reserved]52.222-21, Prohibition of Segregated Facilities (APR 2015).
(x) [Reserved]52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
Alternate II (JAN 2025) (DEVIATION FEB 2025). * * *
(e)(1) * * *
(ii) * * *
(I) [Reserved] 52.222-21, Prohibition of Segregated Facilities (APR 2015).
(J) [Reserved] 52.222-26, Equal Opportunity (SEP 2016) (E.O. 11246).
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