We have received several inquiries regarding the revised requirement of contractors to register with the System for Award Management (SAM) and how the Office of Federal Contract Compliance Programs (OFCCP) uses this information to select contractors for a compliance evaluations. This article will provide you with additional information regarding SAM and how OFCCP uses the system.

1. The new rule that makes this clear went into effect on October 26, 2018. As part of the registration process, federal contractors must certify to the GSA (General Services Administration), under penalty of perjury and the False Claims Act, that they either have an affirmative action plan in place or that they are not required to do so. The current certification process allows contractors to answer compliance questions via the GSA’s System for Award Management (SAM), to certify their compliance.

2. The head of the DOL (Department of Labor’s) contractor enforcement office, Craig Leen, Acting Director of the OFCCP, announced on August 3, 2018, that the DOL intends to seek out and audit contractors who do not confirm their affirmative action compliance to the US government.

3. Craig Leen stated that OFCCP would retrieve data from the GSA to identify contractors who have not registered and verified their affirmative action obligations with SAM. Contractors that have not certified their compliance will be audited by OFCCP.

For further information about SAM you can visit their website at https://www.sam.gov