Government Contractor Compliance & Regulatory Update

Category Archives: Federal Contractors

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OFCCP Announces Contractor Portal Will Open For AAP Certification On March 31, 2023

On March 20, 2023, OFCCP announced its Contractor Portal will open to receive Affirmative Action Program (“AAP”) certification submissions on March 31, 2023.  Certifications must be made by June 29, 2023. OFCCP launched the Contractor Portal last year and required federal contractors and subcontractors to certify whether they have developed and maintained their required AAPs. … Continue Reading

OFCCP (Again) Updates List of Contractors Whose EEO-1 Data Will Be Released

As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking federal contractors’ and subcontractors’ (collectively, “Contractors”) EEO-1 reports from 2016-2020. After publishing a list of Contractors whose EEO-1 data would be released, OFCCP offered Contractors an opportunity to notify the agency if they were erroneously included on the list or otherwise … Continue Reading

OFCCP Updates List of Contractors Subject to Release of EEO-1 Data

As we previously reported here and here, OFCCP plans to release EEO-1 data for non-objecting contractors and subcontractors in response to a Freedom of Information Act (“FOIA”) request seeking contractors’ and subcontractors’ EEO-1 reports from 2016-2020.  After publishing a list of contractors and subcontractors’ whose EEO-1 data would be produced, OFCCP offered contractors an opportunity … Continue Reading

OFCCP (Yet Again) Extends Deadline and Issues Additional Guidance for Contractors Objecting to Release of EEO-1 Data

As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking contractors’ and subcontractors’ EEO-1 reports from 2016-2020. OFCCP originally provided contractors and subcontractors until September 19, 2022 to submit objections as to why their data should not be produced.  That deadline was then extended to October 19, 2022. On February … Continue Reading

OFCCP Extends Deadline for Contractors to Object to Release of EEO-1 Data

As we previously reported, OFCCP plans to release EEO-1 data for non-objecting contractors in response to a Freedom of Information Act (“FOIA”) request seeking contractors’ and subcontractors’ EEO-1 reports from 2016-2020.  On February 2, 2023, OFCCP published a list of contractors whose data was scheduled to be released on or around February 8, 2023, and … Continue Reading

OFCCP Identifies Contractors Whose EEO-1 Data Will Be Released on February 8, 2023

As we previously reported, OFCCP has received a Freedom of Information Act (“FOIA”) request seeking federal contractors’ and subcontractors’ EEO-1 reports from 2016-2020.  The agency previously instructed contractors who objected to the release of their EEO-1 reports to submit their objections by October 19, 2022. OFCCP has now released a list of non-objecting contractors whose … Continue Reading

OFCCP Announces New Round of Contractors Selected for Audit — Was Your Company Selected?

On January 20, 2023, OFCCP announced the release of the first Corporate Scheduling Announcement List (CSAL) of FY23. The list consists of 500 locations selected for a Compliance Review (Establishment Review), Corporate Management Compliance Evaluation, or Functional Affirmative Action Program Review. Note that the list merely notifies these contractors that they will be audited – audits will not … Continue Reading

Fifth Circuit Affirms Injunction Preventing Enforcement of Contractor Vaccine Mandate Against Louisiana, Indiana, and Mississippi

On December 19, 2022, the U.S. Court of Appeals for the Fifth Circuit affirmed a preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued in response to Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (the “federal contractor mandate”). Louisiana, Indiana, Mississippi (the “Plaintiff States”),  sought to enjoin enforcement … Continue Reading

OFCCP Proposes Changes To Scheduling Letter and Itemized Listing

On November 21, 2022, OFCCP published notice in the Federal Register that it is seeking reauthorization of a revised Compliance Review Scheduling Letter (“Scheduling Letter”) and Itemized Listing.  These documents are issued at the outset of an OFCCP audit, requesting multiple categories of documents from the contractor selected for audit. OFCCP’s proposed revisions to the … Continue Reading

OFCCP Hosts Webinar Discussing Changes to FAAP Directive

On November 17, 2022, OFCCP hosted a webinar discussing the changes it made to Directive 2013-01 earlier this year through Revision 3 (the “Directive”). The Directive sets forth the agency’s policies and procedures for federal contractors implementing and maintaining FAAPs. As many contractors know, FAAPs provide an alternative for federal supply and service contractors to … Continue Reading

Task Force and OMB Issue New Guidance on Federal Contractor Vaccine Mandate

As federal contractors are aware, on December 7, 2021, a federal judge issued a nationwide preliminary injunction halting enforcement of the federal contractor and subcontractor vaccine mandate requirements issued by the Safer Federal Workforce Task Force (the “Task Force”) in response to President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors. … Continue Reading

OFCCP Warns Contractors That Have Not Certified AAP Compliance To Do So By September 1, 2022

Earlier this year, OFCCP launched its “Contractor Portal,” which “[c]overed federal contractors and subcontractors (“contractors”) must use … to certify, on an annual basis, whether they have developed and maintained an affirmative action program for each establishment and/or functional unit, as applicable.” Contractors were required to certify whether they had developed such AAPs by June … Continue Reading

OFCCP Launches Construction Contract Award Portal

OFCCP has launched its new online portal: the Notification of Construction Contract Award Portal (NCAP). NCAP is expected to modernize how OFCCP receives required notices about construction contract and subcontract awards by eliminating the need to submit contract award information by mail or email. According to the notice, “NCAP provides contracting officers, contractors, and applicants … Continue Reading

OFCCP Revises Its Pay Equity Directive

As we previously reported, in March of this year, OFCCP issued its first directive of the Biden Administration – Directive 2022-01 (the “Directive”) – which addressed the issue of contractors’ obligations to conduct analyses of their compensation systems, as well as the agency’s expectations regarding providing those analyses when under audit.  The Directive received a … Continue Reading

OFCCP Informs Contractors of Broad FOIA Request For EEO-1 Reports and Provides Opportunity to Object

OFCCP published a notice on August 19, 2022, notifying federal contractors of a request by the Center for Investigative Reporting made pursuant to the Freedom of Information Act (“FOIA”) requesting the disclosure of federal contractors’ EEO-1 Reports.  Specifically, the request seeks all Type 2 Consolidated Employer Information Reports, Standard Form 100 (EEO-1 Report), filed between … Continue Reading

OFCCP Announces Option to Bulk Upload for Large Federal Contractors

As previously reported, OFCCP recently launched its Contractor Portal, which requires certain federal government contractors to register and certify their compliance with the requirement to develop and maintain Affirmative Action Programs (“AAPs”). OFCCP has now introduced a “Bulk Upload/Modification” option on the Portal for federal contractors with 100 or more establishments or functional/business units. The … Continue Reading

OFCCP’s Contractor Portal Is Now Open for AAP Certification

As previously reported, federal government contractors must certify their compliance with the requirement to develop and maintain Affirmative Action Programs (“AAPs”). The certification must be submitted through the newly created Contractor Portal, which opened for registration on February 1, 2022 and is now open to receive certification submissions. On March 31, 2022, OFCCP held a … Continue Reading

Contractors, Get Ready. New OFCCP Directive Signals A New Unfriendly Enforcement Era

On March 31, 2022, OFCCP issued Directive 2022-02 titled “Effective Compliance Evaluations and Enforcement” (the “Directive”).  The Directive’s stated purpose is to “provide transparency on OFCCP’s compliance evaluation policies and expectations for contractors.”  However, the Directive guts former-Director Craig Leen’s efforts to ensure OFCCP provided contractors with transparency, fairness, and consistency in audits and in … Continue Reading

OFCCP Proposes Significant Rule Amendments to Increase its “Flexibility” and Loosen Standards For Discrimination Findings

On December 10, 2020, OFCCP published its “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures To Resolve Potential Employment Discrimination” (the “Rule”).  The Rule was welcomed by the contractor community, as it established important procedural and substantive requirements before OFCCP can issue discrimination findings.  Among other things, the Rule sets forth clear parameters for what … Continue Reading

President Biden Issues Executive Order Promoting New Pay Equity and Transparency Requirements On Federal Contractors

On March 15, 2022, President Biden issued his Executive Order on Advancing Economy, Efficiency, and Effectiveness in Federal Contracting by Promoting Pay Equity and Transparency (the “Order”). Among other things, the Order requires the Federal Acquisition Regulatory Council (“FAR Council”) to “consider issuing proposed rules … enhancing pay equity and transparency for job applicants and … Continue Reading

OFCCP Will Start Demanding Contractors’ Internal Pay Equity Audits

On March 15, 2022, the OFCCP issued its first directive since President Biden took office.  Directive 2022-01 (the “Directive”) addresses contractors’ obligations to analyze their compensation systems and to turn over such analyses when under audit. The Directive begins by highlighting contractors’ obligations under 41 C.F.R. § 2.17(b).  That regulation provides that contractors “must perform … Continue Reading

U.S. Department of Agriculture Proposes Rule Requiring Contractors to Certify Labor Law Compliance

The U.S. Department of Agriculture (“USDA”) recently published a proposed rule that would require all federal contractors to certify compliance with 16 applicable labor laws. The certification requires an affirmative statement attesting compliance and further requires contractors to “promptly report[] to the contracting officer if and when adjudicated evidence of noncompliance occurs.” Under the rule, … Continue Reading

Contractor Vaccine Mandate Blocked Nationwide

UPDATE (2/4/22): On February 2, the Eleventh Circuit scheduled oral argument for April 8. UPDATE (1/27/22): On January 21, 2022, Judge Baker issued an order in response to the federal government’s request for clarification of his order enjoining the federal contractor vaccine mandate nationwide.  Judge Baker’s latest order addressed two inquiries.  First, he declined to … Continue Reading

Vaccination Deadline for Contractors Extended to January 18, 2022

Federal government contractors and subcontractors have been dealing with a steady stream of new FAQs and details regarding the COVID-19 safety requirements for federal contractors and subcontractors first announced by President Biden’s Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors, and then issued by the Safer Federal Workforce Task Force (the “Task … Continue Reading
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