Equal Employment Opportunity Responsibilities in Procurement
November 10, 2019
…PLEASE STAND BY…
…PLEASE STAND BY… Hello, thank you for joining
today’s acquisition semi nar hosted the Federal Acquisition Institute. Today’s seminar entitled “Equal Employment Opportunity Responsibilities of Federal Procurement Officers:An Update” presents a look
at the recent changes to the equal employment opportunity
requirements established by the office of Federal contract
compliance programs in the U.S. Department of Labor.
As an acquisition professional there are so many details that
you need to give your attention to. Methods of acquisition, past
performance, the excluded parties list, drug-free
workplace compliance, contracting provisions and so
on. It can be absolutely overwhelming.
Not to be forgotten, vending opportunity requirements.
You will provide opportunity for updates to the assistance act
for Vietnam veteran of 196 section 503 of the
rehabilitation act of 1973, and the recently issued Executive
Order 13672, prohibiting dissemination on the basis of
sexual orientation and gender identity.
In addition for centers will discuss the impact of these
changes on Federal government contracts and the equal
opportunity clause, the preaward clearance process, the federal
rewards acquisition appropriation, the filing of the
EEO -one report, and the equal opportunity is the law poster.
Before we begin, let me remind you the will hold alive Russian
and answer session at the end of base presentation.
If you have a question about anything you may hear from our
presenters, we encourage you to submit it at any time on the
right side of the video screen using the survey question.
We will take apart — short break and answer as many as we
can. We would love to get your suggestions on future
acquisition seminar topics. Let’s join Brenda Williams
Stuart in the office of Federal contract compliance programs,
Department of Labor, our guide to EEO responsibilities of
Federal procurement officers.>>Welcome, everyone.
My name is Brenda Williams Stuart and I am with the office
of Federal contract compliance programs.
Better known as the OFCCP. I want to thank FAI for working
with OFCCP in this joint effort to supply this important
information. With me today I have several
officials who are going to review with you the equal
employment opportunity requirements associated with
federal contracting and the related obligations of
procurement contracting officers.
During today’s presentation we will update you on recent
changes to our program. We welcome your questions
throughout the presentation, so please send them in and we will
address the answers at the end of our presentation.
To begin the presentation I take great pleasure in introducing
you to Deborah Carr, who serves as the director of the division
of policy program development. For OFCCP at the Department of
Labor in Washington, D.C.. She leads the policies of two
branches. The legislative and policy
development and the branch of training, education, and program
development. she joined OFCCP after a sick — serving as the
associate deputy staff to Rector for the commission on civil
rights and, before that, as General Counsel.
While there she wrote several vital reports with important
policy ramifications, including an evaluation of the Native
American health care system and the need to reauthorize the
Indian health care improvement act. An assessment of the
effectiveness of the no Child left behind act and the review
of Executive Order 12898, entitled tools for achieving
environmental justice. Before joining she distinguished
herself as a civil rights lawyer at the Department of Justice.
Handling some of this country’s most difficult and heinous
violations of federal, criminal, and civil rights statutes.
She headed a White House office and represented the U.S. at the
United Nations on issues related to racism and xenophobia.
She also participated in the preparation of the report of the
U.N. committee on the elimination of racial
discrimination. I will now turn the presentation
over to Deborah Carr for opening remarks.>>Hi.
I am Deborah Carr, the director of policy for the Department of
Labor’s office of Federal contract compliance programs.
I wanted to extend my thanks to FBI — fei for inviting me and
my colleagues to represent director shoe in this training
event. The Department of Labor has been
actively involved in new rulemaking over the last four
years. Some of those new regulations
will have a direct impact on how federal contracting officers
conducted their day-to-day business.
The value of having OFCCP participate in this training
opportunity is that we hope to inform you of your new
obligations created by these recent rulemaking’s.
For example, we have recently updated regulations governing
the employment of people with disabilities, the recruitment
and employment of veterans, especially disabled veterans,
and we recently completed a final rule protecting the
employment rights of LG BT individuals, as we call it at
the office of Federal contract compliance programs.
We currently have pending and up eight to regulations governing
sex discrimination as well as. As you will hear during the
course of this presentation, many of these new rules require
contractors to incorporate into their subcontracts specific
language governing equal opportunity.
In addition, contracting officers with federal agencies
will also be required to include specific language in their prime
contracts. We hope that you will find the
information that you will hear throughout this training
opportunity useful. What we found as we did will
making over the last four years is that at least two of our
regulations have the potential to increase the employment
opportunities of more than 600,000 individuals.
We can only get to that number by working in partnership with
you. So, please, listen to the information and find a way that
we can work together information so that new and all qualified
Americans have equal opportunity to significant employment
opportunities and that we can achieve the goal of full
employment for most qualified Americans.
So, the expectation is that by working together you can help us
achieve our goal of strengthening America’s middle
class, by providing qualified workers the opportunity for good
paying got — good paying jobs. Listen to the important
information, enjoy this opportunity, and we look forward
to working with you in the future.
With that I turn this over to Brenda, who introduces the next
portion of the program.>>Also joining us today, two
representatives that ring many experiences in contract
alliance. We have the regional director of
the OFCCP Southwest Rocky Mount region.
She provides leadership for more than 91 employees spanning 11
states and seven offices. She has been making more places
fair since she came to our CCP. She offices.
began her career as a compliance officer in our Little
Rock area office and has worked as a liaison officer, district
director in Dallas, director of regional operations in deputy
regional director. She received a bachelors of
science in accounting from the universe — University of Little
Rock in 1988, as well as a Masters of business
administration in 1991. In addition we also have Herman
archer, the branch chief for enforcement at OFCCP.
Located in the national office, he began his career in February
of 2014. Prior to his move to OFCCP, he
had 20 years of experience at the office of the solicitor,
where he provided legal advice on procurement, appropriation,
and intellectual property issues with contract claim cases.
During his tenure , he also provided legal advice to SOL’s
mind, safety, and health division, drafting and reviewing
safety regulations for the mind, safety, and health
administration, providing legal advice to the training
administration. He has managed legislative and
departmental communications between DOL, Congress, and OMB.
He was a law clerk to the U.S. clerk of federal — Court of
Federal claims it is a graduate of Georgetown Law school in
Dartmouth College. Alyssa, Herman, welcome.
I will turn the presentation over to you.>>Thank you, Brenda.
I want to thank FAI for giving us the opportunity to speak with
an important segment of our stakeholders.
During today’s presentation we would like to introduce you to
the office of Federal contract compliance programs.
What we as a federal agency do, the laws that we enforce and how
we enforce them. We will also discuss the
contractors covered. We will discuss how the
regulations that we enforce interact with the rules that
regulate your work, the general responsibilities of contracting
officers during the pre-and postwar time of a contract —
preaward and post over Ward time of a contract — post award time
of a contract. OFCCP is an agency within the
U.S. Department of Labor that enforces laws prohibiting
employment discrimination of contractors and subcontractors.
Federal contractors and subcontractors are those
employers doing business with the federal government,
including all types of businesses, construction,
manufacturers, banks, leasing companies, and so on.
The laws OFCCP enforces prohibit contractors from discriminating
employment on the basis of race, color, religion, sex, sexual
orientation, national origin, disability or the status as a
protected veteran, requiring those contractors to engage in
affirmative action. OFCCP is made up of the national
office in D.C., six regional offices nationwide, 49 District
area offices in major metropolitan areas throughout
the United States. As a federal procurement officer
with your primary point of contact being the regional
offices located in Dallas, San Francisco, Chicago, New York,
Philadelphia, and Atlanta. Generally speaking procurement
officers will contact regional offices through the monitor .
We will discuss that process later in the presentation. OFCCP
enforces civil rights laws that protect applicants and
employees of federal contractors, subcontractors, and
federally assisted subcontractors.
These laws are Executive Order 11246, prohibiting the
discrimination on the basis of race, color, religion, and
sexual orientation, gender identity and national origin.
Section 503 of the rehabilitation act of 1973
prohibits discrimination on the basis of disability and the
Vietnam era veterans assistance act of 1974 prohibits
discrimination on the basis of a status as a protected veteran.
I want to take a moment to highlight some of the recent
changes in these laws. Recently the executive order was
amended to approve the prohibition of based on sexual
orientation and gender identity. This amendment to the executive
order goes into effect on April 8 of 2015 and applies to cover
federal contracts and subcontracts entered into or
modified on after April 8, 2015. In terms of a contracting
officers need to do, the Executive Order equal
opportunity clause was amended to include sexual orientation
and gender identity. When we discuss these clauses we
will highlight where it is inserted. In addition, OFCCP has
proposed two notices of rulemaking.
The first prohibits covered contractors from prohibiting
employees from discussing their pay, the second will cause them
to provide annual reports on compensation paid to employees.
These secrecy policies also impact EEO clause .
When the rules are finalized, the clause will be revised to
cover the contracts issued on or after the effective date of
those rules. Another significant change that
we made was in March of last year.
We published two new regulations on the requirements of section
503 of the rehabilitation act. This was the first major change
for these rules since 1970. The changes were made to update
the regulations to reflect current practices and legal
standards, as well as ensuring a more proactive approach to
making sure that individuals with disabilities and protected
veterans have an equal opportunity federal contractor
employment. Contractors are now in the
process of coming into contact with the new requirements
including identification of applicants, employees, goals,
hiring benchmarks, and data collection.
If these come to you as a procurement officer, we request
that you refer them to our website or our help desk so that
we can provide them with the information needed to comply.
The laws at OFCCP can be found at the Code of Federal
Regulations at title 41 Chapter 60. Requirements related to
procurement officers are incorporated.
So, which contractors are actually covered?
There are specific thresholds associated with their
jurisdiction. For the executive order it is a
contract that’s covered in excess of $10,000.
In addition, nonconstruction supply service contractors with
a contract of $50,000 or more with 50,000 or more employees
must also develop and maintain a written affirmative action
program. Contractors must comply with
specific requirements, including outreach and recruitment
efforts, self-monitoring of their employment practices, the
identification and correction of discriminatory practices and
identification and removal of any barriers to equal employment
opportunity. The rehabilitation act applies
the contracts and subcontracts in excess of $15,000.
You may be familiar with the previous threshold, $10,000.
This is affected by an adjustment to the rate raised by
$3000. In addition, contractors with
feet — $50,000 or more must develop and maintain written
affirmative action programs. Unlike the Executive Order, this
requirement for an affirmative action program applies to both
nonconstruction and construction contractors.
That breath — vevraa applies to contractors with $100,000 or
more. Like section 503, this obligation applies to
construction and nonconstruction contractors.
The protections apply to protected veterans, defined as
–>>Disabled veterans, determined
as those who will receive disability compensation from the
V.A. or would be eligible but not for retired military pay.
Recently separated veterans, veterans who served on active
duty during a war or campaign when a badge was authorized, and
veterans who participated in U.S. military operations that
received an arm service medal. — armed service medal.
OFCCP conducts civil rights enforcement responsibilities in
a number of ways. They conduct compliance
evaluations of contractors and subcontractors, even when no
discrimination complaint has been filed.
We take a hard look at the company’s employment practices
and policies, including those related to hiring, testing,
promotions, compensations, and terminations.
To do that we review the contractors AAP and other
records. We may also decide to do an
on-site to the facility and interview managers and
employees, among other things. OFCCP investigates complaints of
discrimination filed by individuals or groups.
It deals exclusively with federal contractors.
Only the laws enforced by OFCCP enforced ensure that all are
provided with equal employment opportunity.
We work closely with the equal opportunity employment
commission to ensure that there is no duplication of efforts by
our respective agencies and to ensure that Miss filed
complaints are properly redirected to the correct
agency. In addition to come — conducting compliance
evaluations and investigating complaints, OFCCP provides free
assistance to contractors in complying with the laws that
they enforce, including workshops on different topics,
like guidance for new contractors, how to develop AAP,
and of course on any new regulations. They also educate
community-based organizations and members of the public to
facilitate an understanding of and compliance with the laws
that we enforce. This might include events in
which organizations are invited to attend and assist in
collaborations between contractors and those serving
with disabilities. I would like now to turn the
search that turn the presentation over to Herman.
— turn the presentation over to Herman.>>These are coded in the
regulations of title 41, chapter 60, and in addition these
requirements are incorporated into the set of regulations
governing all acquisitions of contracting procedures for the
federal government. As many of you may be aware, it
is designed to preside a common set of regulations and
procedures to be used throughout the federal government.
It contains an overall structure of broad procedures for the
government to use one purchasing goods and services — when
purchasing goods and services. Equal opportunity requirements
derived from 11246 are found in the FAR at 22.8 as they relate
to incorporating equal opportunity employment into
contracts and the contract process.
It includes the affirmative action requirements for
construction, nonconstruction, and applied service contractors
with contracting procedures found in 22.805, which we will
be discussing. In addition, the FAR includes
section 503 and government procedures for contracting
officers. These are incorporated in parts
22.13 and 22.1 far — 22.14. This discusses policies and
procedures for hiring protected veterans, describing affirmative
action requirements. 22.14 provides detail on workers
with disabilities, including policies and procedures for
hiring workers with disabilities. Let’s review the
responsibilities requirement. We will begin by breaking down
the steps. Looking at the requirements in
the process we have identified three significant stages of
equally significant responsibilities.
These are solicitations for request proposals within time
frames before the contract. We will review these stages and
the specific actions of procurement officers in the next
several slides. When a contracting officer is
putting together the request for approval or the invitation of
bids for a contract, certain provisions must be included.
The purpose is to give notice to prospective contractors that
this is a protected and covered contract that includes
provisions around affirmative action.
Provisions include ensuring that facilities are not segregated,
whether or not they are former federal contractors ,
specifically for the EE 01 report and the 4212.
If the contractor is required to provide work in or on behalf of
our country, the notice provides information related to the
requirement for affirmative action.
For nonconstruction of or supply service contractors, this
involves the assurance that if it meets a certain threshold it
will be able to develop and maintain the — required
program. The additional significant
provision is the award of the on-site valuation advising the
contractor that they could be the subject of a preaward
compliance evaluation that could include an on-site in which we
would examine employment policies and records and
interview employees. The purpose of such an
evaluation is to assess compliance with EEO and
affirmative action and to provide the contractor with
technical assistance, including information related to the
obligations and resources available.
For construction contractors this is the notice of specific
provisions required of all federal construction
contractors, including the goals for the geographic area in which
the project is located. The affirmative action
compliance provision ensures that they are aware of the
application of nondiscrimination , the outreach, recruiting,
training, and record-keeping obligations, as well as the
goals for the project. It also includes the
notification that when awarded, the contractor is required to
notify in excess of $10,000 to subcontracts.
Where would you find the goals for construction projects?
construction goals are posted on the OFCCP website.
As a reminder, goals are to be incorporated into the contract
and subcontract. These are utilization goals
focused on the traits, where the one for women is 6.9% and the
goal for minorities their ease by geographical area.
— varies by geographic area. If you have questions, please
contact the regional office where the work is being
performed. Agencies are required to ensure
certified compliance. The prospective contractor will
certify whether or not they participated in previous federal
contracts are subcontracts. In addition they are required to
state at the outset of the negotiations for the contract or
at the opening whether they have developed a written affirmative
action program and has such an set such it — such a document
on file. They must state whether they
have filed an EEO one report with the joint committee.
Found in the system for reward management, known as Sam, it
will show you if the contractor has certified this development.
If previous contracts are filed, certified submission of the
report from that’s 100 or 100 a, worried in the database.
So, you can see on the screen the same information.
When looking at prospective contractors it is important to
review these sections , which address previous contracts and
compliance for arts. 52.222 addresses affirmative
action compliance. In these sections you will find
the certifications. You will probably recognize this
screenshot from the website for the system for award management.
What resources are available to a contracting officer?
If a prospective officer has a question about their obligations
. Resources available include the
OCC P website, where a prospective contractor can find
information on requirements associated with federal
contracting and subcontracting, including frequently asked
questions, training webinars, information for small and new
contractors, and in addition the website includes searchable
databases of community-based organizations capable of
referring qualified individuals with disabilities, protected
veterans, women, and minorities. OCC P has a help desk available
to the public where prospective contractors can call or e-mail
for assistance. Additional resources include
technical assistance for the local district offices.
These offices offer seminars or prospective contractors who
request additional help. Contracting officers must be
sure that the contractor or subcontractor receiving the
award is eligible. In fact, the regulations are
specific, no contract or modification involving a new
application will be entered into or approved by an officer with
the person found ineligible by OCC P
‘s reasons of noncompliance with requirements of an
executive order section 503. Eligibility can be determined
through Sam. This list includes businesses
that have been barred from receiving federal money’s for
not complying with the obligations associated with
federal contracting. In addition, officers must make
certain that the matter with which the contract is written
does not circumvent the requirements of the Executive
Order. Prior to the awarding of a
contract, agencies are required to get clearance from OFCCP.
This clearance is now required by all three of the laws from
OFC the forces . It includes contracts for
indefinite quantities and modifications of existing
contracts for a new effort that would constitute a contract
award. Contracting officers are required to request preaward
clearances of $10 million or more.
Again, this request is required under all three of the laws.
Before we discuss the process of requesting preaward clearances,
we will review the exception. The one exception to the request
for a preaward clearance is if the specific proposed contractor
is listed in the OCC P national preaward registry on our
website. Melissa?>>Thank you.
This is a searchable database of contractors that have undergone
a compliance evaluation and received a notice of compliance
within the last 24 months. If the prospective contractor is
on the list, you would document the registry review in your
contract file. When determining whether or not
the contractor is clear, remember that the clearances for
a specific contractors facility. If the facility you are looking
for is not found on the registry, you will need to
contact the OFCCP preaward monitor in the regional office.
If you do not know who to contact, you can contact the
national office.>>What about option contracts?
— option year contracts? If the initial award is less
than $10 million, is the original required? Yes.
Consider the total value of the contract, including the options
to determine the threshold.>>Contractors are in courage to
submit preaward clearances at least 30 days before the
proposed award date. The request can be sent by
e-mail to the regional office where the contract will be
performed. The e-mail addresses for each
region are listed on our website.
They are wired to provide the following information.
Name, address, point of contact and telephone number for the
proposed contractor, name, address, point of contact for
each post subcontractor, with some contracts at $10 million or
more, the is — anticipated date of the award, information on
whether the contractors or subcontractors have previously
held government contracts, the place and date of performance,
and the estimated amount if known.
If the awarding agency is not informed, if they proceed.
They are then allowed an additional 20 days to do so.
Which regional office should I send the preaward clearance
request to? The answer to that question is
— it depends. If the place of performance is
known and it is a single place of performance, the clearance
request should be sent to the regional office that covers the
place of performance. If there are multiple places of
performance crossing regions, it should go to the regional office
where the contractor’s corporate headquarters is located.
If you have additional questions about specific tests, we
encourage you to follow up with the regional office where you
made the request.>>Once a contractor is
selected, contracting officers are responsible for several
significant actions. These are-incorporating these
clauses into the contracts, providing the contractor with
access to the appropriate employee notices.
Referring inquiries and complaints to OFCCP and
notifying OFCCP with construction contract awards.
Over the next several slides we will review these obligations
with you. Each of our laws includes an
equal opportunity in clot — equal opportunity clause that
can be incorporated individually into covered contracts and
subcontracts, or combined and incorporated.
It is important, as it sets forth from the contractors and
subcontractors the requirements and obligations related to
federal contract , contracting and subcontracting.
They prohibit discrimination, require affirmative action, and
ire that notice be given to employees, unions, and
subcontractors. They also provide OCC P access
to the contractor facility. [NO AUDIO]
Worksite in the case of [NO AUDIO]
Construction and clearly state that the contractor and the
contract borrow from the contractor.
As well as by the recent amendments to the Executive
Order. On the slide is an example of a
combined clause. The revised federal regulations
require more information, specifying that the contractor
is an equal opportunity and lawyer of protected veterans and
individuals with disabilities. A clear message that lets
contractors, subcontractors, vendors, and suppliers know that
they may now have new requirements if they meet
thresholds. In addition the clause includes
the most recent amendment to the Executive Order, which added
sexual orientation and gender identity to the protected aces.
This example can be found on the OCC P website.
Check the frequently asked questions.>>The EO clauses indicate that
the contracting officer will provide a notice for contractors
to post. The notice is the law poster.
This can be found on the OFCCP website or on the EEOC website
in a printable format. A supplement is also available.
It notifies employees in a that the employer is a federal
contractor and it advises them of their rights.
Another obligation of contracting offices is the
referral of complaints. Complaints received by the
contracting officer alleging a violation of the requirements of
any of the laws enforced should be referred immediately to the
OFCCP regional office. The complainant shall be advised
in writing of this referral. The contractor that is the
subject of the complaint shall not be advised in any manner or
for any reason of the name, the nature of the complaint, or the
fact that a complaint was received.
Similarly, requirements from labor unions requiring the
revision of a collective bargaining agreement in order to
comply with OFCCP laws should be referred to the office nearest
the place of performance. The incorporation of these
clauses is the law and the referral of complaints are
priced to — applies to all contractors and subcontractors.
The notification of the award in excess of $10,000 is unique to
construction contracts. Generally they are contracts for
mitigation, radiation, or the school rehabilitation.
When making such an award, written notice must be given to
the appropriate regional office within 10 working days of the
award of the contract or subcontract of $10,000 or more
subject to affirmative action requirements.
This notification of construction award should
include name, address, telephone number of the contractor, the
employer identification number, the dollar amount of the
contract, the contract number, the estimated starting and
completion dates, geographical areas in which the work shall be
performed. This concludes the formal
portion of our training on EEO responsibilities for federal
procurement officers. The key takeaways are that has
contracting officers you play a significant role in ensuring
that contractors are aware of their affirmative action
obligations. Your responsibilities are
important at the solicitation and preaward of the contract.
It is important that the clause you are using is up to date and
incorporated into all covered federal contracts and
subcontracts. Contracting officers must check
the registry for offices that meet the threshold and be sure
the contractors received all of the support and tools to ensure
their success.>>We certainly appreciate these
dedicated professionals who have taken time out of their day to
guide us on the responsibilities of Federal procurement officers.
We hope that you found this seminar beneficial, as it gives
us a greater appreciation for what we need to be aware of.
Stay tuned as we take a five-minute break.
After, we will return with Brenda Williams Stewart to
answer a few of your questions. .>>Welcome back to the live
question and answers question — section.
We have a number of fantastic questions in search of answers.
Let’s begin.>>Do you want to take this one?
>>Of the contractor is new and has never developed an AAP,
should we refer them to a local office?
There are several places that you can refer a new contractor.
You can refer them to the website, where there are FAQ’s
and information for new contractors.
You can also refer them to a local office for further
compliance assistance. OK, another question — just to
clarify, for construction contractors what is the
threshold dollar amount that contracting officers should look
for when giving notice? The answer is $10,000.
That is for construction contractors.
The next question, continuing with construction contractors —
what does a construction contractor do when the work
takes place at different locations?
Must they have different goals for each location?
The answer is that the goals are dependent upon geographical
location, so yes, they very by geographic location.
The goal for females is 6.9%.>>So, before I answer question
number four, what happens if we find the contractor has entered
into a subcontract prior to notifying us, I would like to
thank all of the online officials right now.
Without your help and award clearances, we would not have
the information available for us to continue enforcement of equal
opportunity provisions. With that, I will answer the
question for question number four.
So, the question assumes that the prime contractor would
already have in place a subcontract.
I think that what the question should say is that if the
construction contractor is about ready to award a subcontract.
A lot of times they will not award a subcontract until it is
contingent on the actual award in signing by the contracting
officer of the document. When that happens, then their
obligations on the — on the part of the contractor to notify
OFCCP, I should say notify the contracting officer of who all
the subs are, in the contract — context of a contractual
contract, we may already have this information they stun, if
construction, I would presume the data that the contract
officer would have would be the information from bid documents,
which would identify all the subcontractors.
If that is the case, OFCCP would then reach out and do an
analysis of both the construction contracts and
subcontractors . Melissa, any additional
comments?>>No.>>Let’s go to the next
question.>>I will take this one.
If a contracting officer does not for various reasons meet the
30 day window , can we request an
expedited clearance? , can we request an
expedited clearance? We do not have any processes for
expedited clearances, but usually in practice we can clear
them pretty quickly within a couple of days to one week.
Keep in mind, if OFCCP decides to do a compliance review, we
have an additional 20 days to do that.
So, that might play into the 30 day window.>>Next question?>>Yes, next question.>>Can we award the contract on
the 16th day if we hear nothing from OFCCP? Yes, you can.
OFCCP has 15 days to respond after we receive the preaward
request. If OFCCP is silent, the contracting officer can assume
it has cleared. Next question?>>Let’s see.
With respect to question number seven, if I get a call from my
subcontractor or employee indicating discrimination is
going on, is my first step contracting — contacting OFCCP
or the unions? With respect to question number
seven, if the contracting officer gets notice of some
discrimination going on at the contract site, they should
contact OFCCP in order to give out the details of how and where
to do that.>>We had it on slide 37
You, the contracting officer, should give the complainant
notice in writing of the referral.
The contractor is then subject to the complaint and should not
be advised in any manner or reason of the name or nature of
the complaint. For unions, if you get
notifications or inquiries from unions regarding their
bargaining agreements, you also need to send those to OFCCP.
They need to be sent to your regional office.
That was earlier in the presentation, the different
slides, we have six regional offices. Dallas, San Francisco,
Philadelphia, New York, Atlanta, and San Francisco.>>Next slide?
I think that this one is yours, Melissa.>>What is the information that
is submitted where it does not give the information on
worksites performed since they work on multiple sites.
We have another question on this, the place of performance.
When you are looking for notification or doing a preaward
request, either one, it needs to be sent to the regional office
for the place of performance is located.
If there are multiple places of performance, that is the one
where you can send it to where the corporate headquarters is
located. If you have multiple places of
performance, do not be surprised if you get multiple regions
responding. If you have one in the Chicago
area and one in the Dallas area, both regional offices might
respond, even though you sent it just a one region.>>Next slide?
Question number nine, can you give me some more information
about changes to the vets 100 database?
Starting August 1 of this year, the vets 100 will be replaced by
the vets 4212 forum. Go to our website and you will
find the information on how to fill out that form.
It will be slightly different from what you are accustomed to,
but the information is noted there. ?>>This is the one that I kind
of just answered regarding slide 30, can you give us some
scenarios about which regional office I should send the
preaward clearance to? It goes to where– you can send it where
the redhead orders is located — the
corporate headquarters is located for the contractor.>>With respect to question
number 11, with respect to inquiries from unions referenced
in slide 38, why would the unions be interested in
revisions to the collective bargaining unit in order to
comply with OFCCP laws? One reason the unions would be
interested in revisions to the collective bargaining agreement
is they may impact the wages of their members.
It may also impact the way they handle seniority, which is a big
issue for unions. That’s why they might be
reaching out and asking about who is the new contractor, what
are the obligations of the contractor to continue on with
the collecting — collective bargaining agreement.
It is a separate discussion. Normally where you have an old
contractor being replaced a new contractor, the new contractor
would be obligated to follow the collective bargaining agreement
of the old contractor until negotiations have occurred and a
new CBA is in effect. Question.>>I want to add on the
collective bargaining agreement, there is an EEO cause.
We’ve made some updates to the clause.
That would also have to be updated in the collective
earning agreement — collective bargaining agreement.>>Next slide.
Question number 12, with respect to for you — to FOIA , what
would OFCCP do if they get a FOIA from a contractor that is
interested in information related to the pre-award
process? Let me give you some background.
There are times the incumbent contractor did not get the
follow-up contract. They know another contractor is
going to be getting this contract.
There are situations where the incumbent contractor would then
submit a FOIA to find out who the awardee is.
As many procurement officials know, it would be inappropriate
for us to release that information.
We would not provide that information as to whom the
perspective awardee is under FOIA. We would not get that
information out to anyone until the award has been made, in
which case the contracting officer has an obligation to
notify the disappointed bidders of who the awardee is.
Next slide. I think that one is yours,
Melissa.>>Did you say there was an
updated equal opportunity is included in the law poster we
should be using for contracts? The EEO is the law poster that
is also done by OFCCP and EEOC, yes, there is a supplement on
both OFCCP’s website and EEOC’s website, in addition to a
printed version of the poster. Next next slide.
–>>Next slide. We have here a couple of
questions that we’ve gotten that aren’t in the slides that we
gone from public — that we have gotten from the public.
We will find out if additional questions are being raised.
Could a given contractor already in place — hold on one second.
Already in place we can’t because of a department —
already in place be canceled because of the debarment — a
debarment? When we argue that question, we
would see that the awardee is debarred.
We would refer that information back to the contracting officer.
I’m sure the contracting officer would do an independent analysis
of that. That would prohibit award of the
contract. Both the government officials
and oh CCP — and OFCCP rely on the database to know whether a
particular contractor is debarred.
Debarment not only impacts contractors from the perspective
of the bar, but we also have separate authority to debar
contractors. The next question we have our —
is what are the consequences for not submitting a pre-award
earrings were not waiting for a pre-award clearance — pre-award
clearance or not waiting for a pre-award clearance?
The one that comes to mind is a situation where there has been
no real award clearance issued, and award is made by a
contracting officer, and there can be a situation where the
incumbent contractor may not get the following contract — the
follow-on contract. I have known from previous
experience it is not uncommon for the incumbent contractor to
file a bid protest. Incumbent contractor would sue
the government either at the Government accountability office
or at the work of euro claims, alleging improprieties — at the
court of federal claims, alleging improprieties.
It could make the government liable.
It would make the agency liable to attorneys fees and costs, if
it is a small business. It would preclude the award of
the contract . Either the Government
accountability office or the judge at the Court of Federal
claims would direct the government agency to review the
award and do an analysis and do another award based on the
impropriety. Are there any other questions?
Let me take a look here. All right. Thank you so much.>>don’t forget, the federal
acquisition Institute hazard today’s seminar and —
Institute has recorded to a seminar.
It will be posted at FAI.gov. You should be able to access
these items in a week or so. Thank you once again for joining