Government Contracts

Memo
22-207
Tuesday, November 1, 2022

As expected, OFCCP has informed federal contractors that they must begin using the EEOC’s new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster and poster supplement that contractors have been using for years to meet OFCCP pos


Memo
22-193
Monday, October 10, 2022

Two different Presidential Executive Orders set a higher minimum wage rate on certain government contracts depending on when the contract was executed. Pursuant to an escalator clause contained in each E.O., the minimum wage rate under each will incr


Memo
22-190
Wednesday, October 5, 2022

Calls we’ve received from some of our members lately indicate that there may be some confusion out there among agency contracting officers regarding OFCCP’s “Pre-Award Registry.” Our memo explains what the Registry is and how it is designed to be use


Memo
22-181
Monday, September 26, 2022

OFCCP has received approval from the White House Office of Management and Budget to continue its Functional Affirmative Action Program option for another three years. The program as extended contains some welcome improvements that may encourage great


Memo
22-175
Thursday, September 15, 2022

MEMBER FEEDBACK REQUESTED. The Labor Department’s Office of Labor-Management Standards has published a proposal that would require an employer covered by obligations to disclose certain expenditures related to union organizing activity to indicate wh


Memo
22-167
Tuesday, September 6, 2022

OFCCP has officially launched its new online Notification of Construction Contract Award Portal as the preferred, albeit optional, way for covered federal construction contractors to meet their obligation to notify the agency of certain subcontract a


Memo
22-165
Wednesday, August 31, 2022

A federal appeals court has narrowed a nationwide injunction that prevented the Biden Administration from enforcing its controversial federal contractor COVID-19 vaccine mandate. That said, there are no signs that the administration intends to move f


Memo
22-148
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


Memo
22-058
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.


Memo
22-045
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


Memo
22-009
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.


Memo
21-233
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


Memo
21-207
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


Memo
21-154
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


Memo
21-151
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.


Memo
20-230
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.


Memo
20-225
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.


Memo
20-210
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


Memo
20-192
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.


Memo
20-185
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


Memo
20-177
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


Memo
20-089
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


Memo
20-080
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


Memo
20-061
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


Memo
20-008
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.


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