This session is sponsored by the Federal Acquisition Institute The primary organization providing knowledge and support to the federal civilian acquisition workforce. For more information about FAI, please visit our website at

Federal Contracting and Procurement Officers: EEO and FAR Sandra Dillon Deputy Director, Division of Policy, OFCCP GSA Training Conference and Expo 2010 Gilberto Garcia, Jr. Branch Chief, Enforcement and Appeals, OFCCP Miguel Rivera, Jr. District Director, Orlando District Office, OFCCP Alvin Mitchell Assistant District Director, Miami District Office, OFCCP U.S. Department of Labor Office of Federal Contract Compliance Programs

Presentation Overview Overview of the Office of Federal Contract Compliance Programs Contracting/Procurement Officers’ Responsibilities Pre-Award Clearance Process Frequently Asked Questions Compliance Assistance

About OFCCP Agency within the U.S. Department of Labor Network of 6 regional offices and 49 district and area offices More than 600 employees nationwide Reviews personnel practices of federal contractors and subcontractors through compliance audits Audits 4,000 contractor establishments annually

OFCCP Mission Ensure federal contractors comply with the laws and regulations located at 41 Code of Federal Regulations (CFR) Chapter 60 requiring nondiscrimination and affirmative action- Executive Order (EO 11246) Section 503 of the Rehabilitation Act (Section 503) Vietnam Era Veterans’ Readjustment Assistance Act of 1974 (VEVRAA)

Who is a federal contractor or subcontractor?

Federal Contractor Scenarios: Supply and Service If ABC Corporation supplies GSA with tables, chairs, pens, notepads, etc. to sell to various Federal agencies, is ABC a federal contractor? Yes, ABC is a federal contractor and may be subject to the laws of OFCCP.

Federal Contractor Scenarios: Supply and Service If GSA leases space in a Federal building in Oklahoma City, OK, to ABC Corporation to operate a coffee shop, is ABC a federal contractor? Yes, ABC is a federal contractor and may be subject to the laws of OFCCP.

Federal Contractor Scenarios: Supply and Service If ABC Corporation has a contract to clean the local Federal building in Baltimore, MD, is ABC a federal contractor? Yes, ABC is a federal contractor and may be subject to the laws of OFCCP.

Federal Contractor Scenarios: Construction If GSA enters into a contract with ACME Corporation to remodel the Federal courthouse in Miami, FL, is ACME a federal contractor? How about ABC Depot who provides construction material for the project? ACME is a federal contractor and may be subject to the laws of OFCCP. In addition, ABC Depot would be deemed a subcontractor and may also be subject to the laws enforced by OFCCP.

Federal Contractor Scenarios: Construction If DOT award ARRA funding to the Maryland State Department of Transportation to repair and maintain Interstate 695, is Maryland State DOT a federal contractor? Further, if Maryland DOT awards the contract to repair I-695 to ACME Construction, is ACME a federal contractor? Both Maryland State DOT and ACME are Federal- assisted construction contractors and may be subject to the laws of OFCCP.

Equal Opportunity Clauses Clause Threshold Executive Order $10,000+ Section 503 $10,000+ VEVRAA $25,000/$100,000+ Requirements apply regardless of the number of employees

Equal Opportunity Affirmative Action Comply with all statutory and regulatory requirements Post Notices Include Clauses in Subcontracts and Purchase Orders Additional Requirements 41 CFR § (EO 11246) 41 CFR § and § (VEVRAA) 41 CFR § (Section 503) EO Clause Requirements

Federal Acquisition Regulations FAROFCCP CFR Part 22 Application of Labor Laws to Government Acquisitions 41 CFR 60 - Office of Federal Contract Compliance Programs Subpart 22.8 Equal Employment Opportunity 60-1 Obligations of Contractors and Subcontractors 60-2 Affirmative Action Programs (Non- Construction) 60-4 Affirmative Action Programs Construction Contractors Subpart Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans and Affirmative Action and Non-Discrimination Obligations of Contractors and Subcontractors Regarding Covered Veterans Subpart Employment of Workers with Disabilities Affirmative Action and Non- Discrimination Obligations of Contractors and Subcontractors Regarding Individuals with Disabilities

OFCCP Mission FAROFCCP CFR Part 52—Solicitation Provisions and Contract Clauses 41 CFR 60 - Office of Federal Contract Compliance Programs Prohibition of Segregated Facilities Segregated Facilities Equal Opportunity Clause/Construction Contractors Previous Contracts and Compliance Reports Reports and Other Required Information Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction Equal Opportunity Clause/Construction Contractors Preaward On-Site Equal Opportunity Compliance Evaluation 60-1/ Subpart B – General Enforcement Affirmative Action Compliance Reports and Other Required Information Equal Opportunity Equal Opportunity Clause/Non- Construction Contractors Affirmative Action Compliance Requirements for Construction Affirmative Action Requirements/Construction Contractors

OFCCP Mission FAROFCCP CFR Part 52—Solicitation Provisions and Contract Clauses 41 CFR 60 - Office of Federal Contract Compliance Programs Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans and Equal Opportunity Clause Affirmative Action for Workers with Disabilities Equal Opportunity Clause Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans and Equal Opportunity Clause and VETS Compliance with Veterans’ Employment Reporting Requirement and Equal Opportunity Clause and VETS

Encourages a fair and diverse workplace free of discrimination and harassment Increase the representation of women and minorities in higher grade levels and non traditional occupations Provides opportunities for Good Jobs for Everyone Impact of EEO

Include EO clauses in contract Inform OFCCP within 10 working days of an award of a construction contract Refer inquires and complaints regarding status or violation of OFCCP laws to OFCCP regional office Notify OFCCP and request clearance of contractors that may be awarded supply and service contracts estimated at $10 million or more Contracting/Procurement Officers’ Responsibilities

Contracting officers are required to give written notice to OFCCP within 10 working days of an award of a construction contract or subcontract in excess of $10,000. (41 CFR (c)) The notification should include: — Name, address and telephone number of the contractor or subcontractor; — Employer identification number (EIN); — Dollar amount of the contract; — Estimated starting and completion dates of the contract or subcontract; — Contract number; and — Geographical area(s) in which the contract or subcontract is to be performed. Construction Contract Notification

Agency must require each bidder or prospective prime contractor or proposed subcontractor to state in the bid or in writing at the outset of negotiations for the contract whether it has (41 CFR (b)): — Developed and has on file AAPs at each establishment pursuant to Part 60-2; — Participated in any previous contract or subcontract subject to the EO clause; — Filed with the JRC, DAS, or the EEOC all reports due under the applicable filing requirements. Referrals to OFCCP

Contracting officers are required to notify OFCCP if a contractor fails to develop or implement an acceptable AAP. (41 CFR (b)) Referrals to OFCCP

Prior to awarding a supply and service contract of $10 million dollars or more, federal agencies are required to request EEO clearance from OFCCP (41 CFR ) Contracting/Procurement Officials should: Search Excluded Parties Listing System Search National Pre-Award Registry — Pre-Award Registry provides information concerning Federal contractor establishments that have been reviewed and found to be "In Compliance“ within the past two years — If the Contractor Establishment is located on the Registry, agency can award contract If the Contractor Establishment you are looking for is not found in the Registry, contact the appropriate OFCCP Pre-Award Clearance Officer in your Regional area How to Get Started

Pre-Award Clearance Process Supply and Service Contracts Only Award Contract YES National Pre-Award Registry NO Step 4 – Add Contractor’s Establishment Step 3 – Conduct Evaluation OFCCP Step 2 – Request Clearance Government Agency $10M + Step 1 – Check Registry

Pre-Award Clearance Request Contracting officers are required to provide the following information (41 CFR (d)): Name, address, point of contact, and telephone number of the proposed contractor; Name, address, point of contact, and telephone number of each proposed subcontractor(s) with subcontract estimated at $10 million or more; Anticipated date of award; Information regarding whether the contractor and subcontractor(s) have previously held any Government contracts and subcontracts; Place(s) of contract performance; Estimated dollar amount of contract and each subcontract, if known; Indicate if funding for this contract is under the American Recovery and Reinvestment Act.

Where to Send Requests PACIFIC 90 7th Street Suite # San Francisco, CA Phone: (415) Fax: (415) SWARM Federal Building, Room South Griffin St. Dallas, TX Phone: (972) Fax: (972) SOUTHEAST Atlanta Federal Center 61 Forsyth Street, S. W., Room 7B75 Atlanta, GA Phone: (404) Fax: (404) MIDWEST 230 South Dearborn Street, Room 570 Chicago, Illinois Phone: (312) Fax: (312) NORTHEAST 201 Varick Street Room 750 New York, NY Phone: (646) Fax: (646) MID-ATLANTIC Curtis Center, Suite 750 West 170 S. Independence Mall West Philadelphia, PA Phone: (215) Fax: (215)

OFCCP Nationwide Office Directory Midwest Mid-Atlantic Southeast Northeast SWARM Pacific

OFCCP Notification Within 15 days of request - OFCCP will inform agency of its intent to conduct an evaluation - If agency is not informed within this timeframe, agency can presume clearance and award contract An additional 20 days - If OFCCP notifies agency within 15 days of request of its intent to conduct an evaluation, OFCCP has an additional 20 days to conduct evaluation and provide agency with its conclusions. - If agency is not informed within this timeframe, agency can presume clearance and award contract

Preaward Frequently Asked Questions…

Frequently Asked Questions #1. Option Year Contracts If the amount of the initial award (base year) is less than $10M, but the award’s options years could potentially meet the $10M threshold, is pre-award clearance required? YES. Consider the total value of the contract including any options to determine the $10 million threshold.

Frequently Asked Questions #2. Place of Performance DoD is awarding a contract to XYZ Corporation whose headquarters are located in Chicago, IL, but the actual work on the contract will be performed in Seattle, WA. Where do I send my preaward clearance request to? Preaward requests should be directed to the OFCCP office where the contract is being performed. In this case, the pre-award clearance request will be sent to the regional office for Seattle, which is located in San Francisco, CA.

Frequently Asked Questions #3 Multiple Places of Performance DoD is building airplanes with contractor ACME Corporation. ACME has multiple establishments who will be working on the contract who are located in California, Arizona, Texas and New Mexico. Which OFCCP office should I send the pre-award clearance request to? Pre-award clearance is required for each place of performance. In the example above, the Pacific (California & Arizona) and SWARM (Texas & New Mexico) Regions should be contacted to request clearance.

Frequently Asked Questions If the place of performance is undetermined, the pre-award clearance request should go to the Regional Office where the contractor’s corporate headquarters is located. #4 Underdetermined Place of Performance If the contractor’s ability to hire employees is dependent upon being awarded the contract in question, and therefore the place of performance is presently undetermined, which Regional Office should I send the pre-award clearance request?

Compliance Assistance Resources Visit OFCCP’s website – Contact your local OFCCP Office – Attend an OFCCP Seminar or Workshop –Calendar Online – agency_lst=23&event_title=&date=--&date_rangehttp:// agency_lst=23&event_title=&date=--&date_range Call or for Individual Assistance –

U.S. Department of Labor Office of Federal Contract Compliance Programs Questions?