September 09, 2024
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Category: Government Contracts

CWC’s Updated Primer on the Federal Drug-Free Workplace Act

In light of data showing increasing drug use among full-time employees in recent years, CWC thought it would be prudent to remind our members that the 1988 Drug-Free Workplace Act (DFWA) obligates covered federal contractors to provide a drug-free workplace. Therefore, we updated our DFWA primer to explain the DFWA’s coverage, contractors’ obligations, and penalties for noncompliance. The DFWA applies...
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September 05, 2024
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Category: Compliance Reporting and Recordkeeping

Responding to Item 21 on the OFCCP Scheduling Letter’s Itemized Listing

In the year since the Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) began using a more burdensome Scheduling Letter and Itemized Listing to notify federal contractors of an upcoming compliance evaluation, Item 21 on the Itemized Listing has generated confusion. Item 21 asks the contractor to identify and document “policies, practices, or systems used to recruit, screen, and...
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August 27, 2024
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Category: Comment Letter

CWC Urges USDA To Keep “Blacklisting” Out of Its Revised Procurement Regulations

The Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, filed comments August 27 supporting the U.S. Department of Agriculture’s decision to drop controversial blacklisting provisions from its proposed overhaul of its procurement regulations. USDA’s decision to drop the provisions is a reversal from the proposed overhaul of the Agriculture Acquisition Regulation (AGAR) that the agency published two years...
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August 15, 2024
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Category: Compliance Reporting and Recordkeeping

CWC Comments to OMB Argue Against Reinstatement of OFCCP’s Burdensome Form CC-257

CWC has submitted written comments to the White House Office of Management and Budget (OMB) contending that the Office of Federal Contract Compliance Programs’ (OFCCP) request to reinstate the Monthly Employment Utilization Report (Form CC-257) is unnecessary and burdensome. The form would require covered construction contractors and subcontractors to collect and report headcount and hours-worked data by race, ethnicity, sex,...
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August 08, 2024
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Category: Compliance Reporting and Recordkeeping

2024 VETS-4212 Filing Season Underway, Submission Deadline Is September 30

The Labor Department’s Veterans’ Employment and Training Service (DOL-VETS) has opened the filing system for the VETS-4212 Report. The submission deadline is September 30, 2024. The VETS-4212 form provides a workforce snapshot by protected veteran status, as well as the number of protected veteran new hires for the preceding 12-month period. Federal contractors and subcontractors are required to file it...
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August 06, 2024
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Category: Compliance Tools

CWC’s Updated Template for Mandatory ESDS Notifications Under VEVRAA

CWC has updated a template that can assist its federal contractor members in meeting their employment service delivery system (ESDS) notice requirements. CWC’s members can use the updated template to satisfy the Office of Federal Contract Compliance Programs’ (OFCCP) ESDS notice obligations under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) requirements codified at 41 CFR § 60-300.5(a)(4). That rule...
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August 06, 2024
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Category: Compliance Reporting and Recordkeeping

FAR Council Proposes Reinstating Lapsed Contractor Reporting Requirement

The Federal Acquisition Regulatory (FAR) Council wants to reinstate a requirement obligating covered federal contractors to report executive compensation and first-tier subcontract awards. The FAR Council is an interagency entity that coordinates federal government procurement policy and regulatory activities. In a notice published May 24, 2024, the FAR Council indicated that it will seek approval from the White House Office of...
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August 05, 2024
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Category: Agency Enforcement

OMB Approves OFCCP’s Burdensome New Construction Contractor Scheduling Letter

The White House Office of Management and Budget (OMB) has approved the Office of Federal Contract Compliance Programs’ (OFCCP) expanded version of the Scheduling Letter and Itemized Listing for notifying construction contractors of a compliance evaluation. OMB also has approved a revised version of OFCCP’s new Construction Contract Award Notification Requirement Form (Form CC-314). Both approvals begin July 31, 2024,...
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August 01, 2024
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Category: Agency Enforcement

OFCCP Issues New Directive on “Expedited Conciliation Procedures”

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has issued a new Directive 2024-01, “Expedited Conciliation Procedures,” that outlines the process that the agency will follow when offering an expedited conciliation option to a federal contractor that is under review. OFCCP’s 2023 rule on Pre-enforcement Notice and Conciliation Procedures details the “expedited conciliation option.” While Directive 2024-01 formally rescinds...
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July 31, 2024
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Category: Government Contracts

USDA Once Again Abandons Attempt To Add “Blacklisting” Provisions to Its Procurement Regs

The U.S. Department of Agriculture (USDA) has proposed revisions to its procurement regulations similar to those it proposed two years ago, but this time there are no blacklisting provisions. Two years ago, the USDA’s proposal to update its procurement procedures included controversial provisions that would have required USDA contractors to certify compliance with all applicable labor laws. It also would...
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