Comment on FR Doc # 2026-12559

Judith RubinsteinOpposeGovernment
Summary: Judith Rubinstein, representing the Department of War Education Activity (DoWEA), argues that the proposed FAR provision 52.240-90 is misleading because it implies the existence of a searchable list of all excluded parties in SAM. She recommends deleting or revising the text to reflect that users must search for specific entities rather than scanning a pre-existing list.
A. I recommend deleting or revising paragraph (b)(1) of the proposed provision 52.240-2, Security Prohibitions and Exclusions—Representations and Certifications. That paragraph reads, ‘Covered telecommunications and video surveillance. The Offeror must review the list of excluded parties in SAM at https://www.sam.gov for entities excluded from receiving federal awards for “covered telecommunications equipment or services.”’ That text implies that there is a list of excluded parties at that website. Based on a live chat that I had with I did a support agent at FDS.gov, there is no such list at that website. One needs to name a specific entity and then check if that entity is excluded. See attached record of chat. (The blue highlighted text is my inquiry. The non-highlighted text is the support agent’s response.) If one types “covered telecommunications equipment or services” in the search box in SAM, one receives the notice, “No matches found. We couldn’t find a match for your search criteria.” (If, per paragraph (b)(2)(i) of the proposed provision 52.240-2, one types in the search box “FASCSA order[,]” one does receive a list.) If paragraph (b)(1) of the proposed provision 52.240-2 is retained, I recommend revising it so that it does not falsely imply the existence of a non-existent list of excluded parties. B. I recommend deleting from paragraph (b)(3)(i) of the proposed provision 52.240-2 the instruction for the offeror to ‘search SAM for the phrase “covered procurement action[.]”’ If one types “covered procurement action” in the search box in SAM, one receives the notice, “No matches found. We couldn’t find a match for your search criteria.”

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