Deviations to FAR 52.212-3 and 52.212-5.pdf
PDF 133 KB Posted
- Attached to
- Phased Locked Loop System Federal contract opportunity
- Solicitation number
- 1333ND25QNB680485
About this file
This document details deviations to Federal Acquisition Regulation (FAR) sections 52.212-3 and 52.212-5, specifically related to Offeror Representations and Certifications for Commercial Products and Commercial Services. The document highlights that the System for Award Management (SAM) may continue to require entities to complete representations based on provisions not included in agency solicitations, such as 52.223-22 (Public Disclosure of Greenhouse Gas Emissions) and 2.222-25 (Affirmative Action Compliance). Key changes include reserving certain sections related to Equal Opportunity clause representations and contract terms, with specific deviations noted for May 2024 and February 2025 versions. The document indicates that contracting officers should not consider or use certain representations when making award decisions, and entities are not required to update their SAM registrations to remove these representations.
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Other files for this federal contract opportunity
| File | Type | Posted |
|---|---|---|
| Statement of Work.pdf | ||
| Combined Syn Sol 1333ND25QNB030433 Phased Loop System.docx | DOCX document |
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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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