Government Contracts

Monday, August 8, 2022

One of the very few so-called must-pass bills that Congress enacts every year is the National Defense Authorization Act, the annual measure that authorizes national defense spending. Knowing it’s a must pass bill, House Democrats added a slew of unio

Monday, March 28, 2022

CWC’s comments to the Department of Agriculture urge the agency to withdraw a proposed rule that would allow USDA to deny government contracts to a company based on USDA’s assessment of the company’s labor law compliance.

Tuesday, March 8, 2022

The U.S. Department of Agriculture is proposing to revise its procurement rules to take into consideration a prospective contractor’s labor law compliance before awarding a contract. The proposal is similar to the “blacklisting” proposal that USDA pu

Tuesday, January 18, 2022

The U.S. Supreme Court last week blocked implementation of the Occupational Safety and Health Administration’s emergency standard requiring larger employers to ensure their employees have been vaccinated against COVID-19 or submit to weekly testing.

Tuesday, November 30, 2021

A new Executive Order signed by President Biden essentially reinstates “nondisplacement” rules that were operative during the Obama Administration. Those rules required successor contractors to contracts covered by the federal Service Contract Act to

Thursday, October 21, 2021

CWC has learned that some federal agencies are asking their contractors to modify contracts that are not subject to the Biden Executive Order mandating COVID-19 vaccinations. In at least one case, the agency is threatening sanctions for failure to co

Wednesday, August 4, 2021

President Biden has issued a directive requiring both federal government employees and employees of federal contractors working “onsite” at federal facilities to demonstrate proof of COVID-19 vaccination status or take other steps as a condition of w

Monday, August 2, 2021

As a follow-up to our recent memo on the “basics” of OFCCP’s jurisdictional coverage, this memo focuses on who qualifies as a covered OFCCP subcontractor.

Thursday, November 19, 2020

OFCCP has announced its intent to extend for another three years the paperwork requirements that apply to construction contractors, and is seeking approval from the White House Office of Management and Budget (OMB) to proceed.

Wednesday, November 11, 2020

OFCCP has issued a new and improved technical assistance guide for federal non-construction contractors. Our memo provides an overview, with more memos in the works that will focus in on some of the TAG’s nuances.

Wednesday, October 21, 2020

OFCCP Director Craig Leen has issued a National Interest Exemption that temporarily relieves federal contractors providing Hurricane Delta relief from having to prepare a written AAP. This is the fifteenth NIE issued by OFCCP during the Trump Adminis

Monday, September 28, 2020

President Trump has issued a new E.O. that prohibits federal contractors from providing any training programs that include content on race or sex “stereotyping or scapegoating,” effective for new government contracts beginning in November.

Friday, September 18, 2020

Under an Executive Order issued by President Obama in 2014 that is still in effect, federal contractors with certain specified contracts must pay employees working on those contracts a special minimum wage of $10.80 compared to the standard federal m

Friday, September 11, 2020

Consistent with past practice, OFCCP has granted a limited 3-month “National Interest Exemption” from written affirmative action plan requirements for federal contracts involving Hurricane Laura relief. This is the seventh such hurricane-related NIE

Friday, May 8, 2020

The so-called Franken amendment, which has been on the books for a decade, bars certain Department of Defense contractors from requiring employees to arbitrate Title VII claims. In one of the few federal appeals court decisions we’ve seen that interp

Friday, April 24, 2020

The White House Office of Management and Budget has cleared two new scheduling letters for OFCCP to use in notifying federal construction contractors that they have been selected for a so-called compliance check. As our memo explains, the letters as

Friday, March 27, 2020

For the fourth time in recent years, OFCCP has invoked a National Interest Exemption, this time to waive written AAP and other requirements applicable to federal contractors with contracts to provide coronavirus relief. The exemption lasts until June

Friday, January 10, 2020

OFCCP’s recently released comprehensive technical assistance guide for federal construction contractors should be especially helpful to companies that are relatively new to government contracting.

Friday, January 3, 2020

The “must-pass” bill signed by the President right before Congress adjourned contains several provisions of interest to CWC members, including a provision scheduled to go into effect two years from now that prohibits federal contractors from requesti

Friday, September 27, 2019

An Executive Order issued by President Obama in 2014 requires certain federal contractors to pay a special minimum wage to employees working on covered contracts. Under the Order, that wage is automatically adjusted for inflation each year.

Friday, September 13, 2019

In its most recent status report to the federal court that ordered the agency to collect pay and hours-worked data, the EEOC reports that less than 15% of EEO-1 filers have submitted their completed “Component 2” reports so far. The filing deadline i

Friday, June 14, 2019

OFCCP is seeking approval to begin using a new scheduling letter to notify federal construction contractors that have been flagged for a so-called compliance check, an ostensibly abbreviated form of compliance audit. Our comments to the agency point

Friday, March 22, 2019

Our memo provides highlights of CWC’s 2019 Policy Conference, which was held in Washington, DC on March 6-8. Please note that registration is open for our upcoming Talent Acquisition Compliance Summit, which will be held on May 9-10, 2019, in Charlot

Friday, February 1, 2019

A few weeks ago, OFCCP issued a new directive announcing that it intended to begin issuing informal “opinion letters” to provide compliance guidance on OFCCP requirements. In a recent broadcast email, OFCCP is now asking its stakeholders to submit op

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