We have received several inquiries regarding contractors’ revised requirements to register with the System for Award Management (SAM). How will the Office of Federal Contract Compliance Programs (OFCCP) use this information to select individual contractors for compliance evaluations?
See below for additional information regarding the steps to certify your affirmative action plan (AAP) with SAM.
1. The new rule went into effect on October 26, 2018. As part of the registration process, federal contractors must certify to the General Services Administration (GSA) that they either have an affirmative action plan in place or that they are not required to do so. This registration filed under penalty of perjury and the False Claims Act.
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’s (Department of Labor) 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. OFCCP will retrieve data from the GSA to identify contractors who have not registered and verified their affirmative action obligations with SAM. OFCCP will also audit contractors that have not certified their compliance.
For further information about SAM, you can visit their website at https://www.sam.gov