1. Federal Contracting and Procurement Officers: EEO and FAR
U.S. Department of Labor
Employment Standards Administration
Office of Federal Contract Compliance Programs
Federal Contracting and Procurement Officers: EEO and FAR
Welcome
Introduce self and other presenters.
Today’s presentation is to assist federal contracting and procurement officers in learning more about OFCCP, its EEO/AA mission, and its relationship to FAR
Ask group for input on what they would like to cover in the presentation. Write on easel paper and post on wall in room
Christopher B. Harig
Senior Compliance Officer
Gilberto Garcia, Jr.
Branch Chief, Enforcement & Appeal

2. Agenda Overview of OFCCP
Contracting/Procurement Officers’ Responsibilities
Pre-Award Clearance Process
Frequently Asked Questions
Compliance Assistance
During this 1 hour presentation, we will cover
Brief overview of OFCCP, who we are and what we do
Contracting and Procurement Officers role and responsibilities under OFCCP’s regulations and Federal Acquisition Regulations
OFCCP’s Preaward and Clearance Process
FAQs for Contracting and Procurement Officers.
And And more importantly, where you can go to get help
So let’s get started.

3. OFCCP’S 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)
OFCCP administers and enforces three equal employment opportunity programs that apply to federal contractors and subcontractors: Executive Order 11246, Section 503 of the Rehabilitation Act of 1973, and the Vietnam Era Veteran's Readjustment Assistance Act of 1974.
Its mission is to ensure that federal contractors comply with these laws and provide equal employment opportunities without regard to race, color, religion, sex, national origin, disability or protected veteran.

4. Poll Question 1
Question: Are you a contracting officer with a federal government agency?

5. EEO and ARRA
Equal Employment Opportunity Obligations for federal contractors and subcontractors do not change under ARRA
Contracting officers obligations to do pre-awards do not change under ARRA
OFCCP is committed to conducting compliance evaluations of federal contractors and have made pre-award clearance evaluations a priority
Roughly 15% of the pre-award reviews conducted in FY 2008 resulted in violations

6. Equal Opportunity Clauses
Clause Threshold
Executive Order $10,000+
Section $10,000+
VEVRAA $25,000/$100,000+
Most Federal contracts contain three equal employment opportunity clauses, which, taken together, require that covered contractors and subcontractors practice nondiscrimination and take affirmative action in employment.
These monetary thresholds are
10K or more for EO
10K or more for 503
25/100K or more for VEVRAA, again depending on whether your contract was entered into or modified after December 2003
All covered federal contractors must comply with these EO clause requirements regardless of the number of employees…
Requirements apply
regardless of the
number of employees

7. EO Clause Requirements
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)
The Equal Opportunity Clause Requirements vary by law. The common requirements for all federal contractors and subcontractors are to:
Not discriminate against the protected member or practice equal employment opportunity
Take affirmative action to recruit, hire, promote protected members. The affirmative action requirement is explained differently in the clause for EO than it is for Section 503 and VEVRAA. Where contractors meet the 50/50 threshold, an AAP is required
Under VEVRAA has a mandatory listing with the state or local employment delivery system.
Federal contractors must also include the clause in any subcontract and Purchase Orders, post EEO notices and file annual reports such as the EEO-1 and VETS-100, where applicable.
The specific EO Clause Requirements may be found at:
41 CFR § EO
41 CFR § & 41 CFR § for VEVRAA
41 CFR § for 503

8. Federal Acquisition Regulations
OFCCP laws are incorporated into the FAR
Part 22—Application of Labor Laws to Government Acquisitions
41 CFR 60 - Office of Federal Contract Compliance Programs
Subpart 22.8—Equal Employment Opportunity
Obligations of Contractors and Subcontractors
Part 52—Solicitation Provisions and Contract Clauses
  Prohibition of Segregated Facilities.
60-4 Construction Contractors--Affirmative Action Requirements
  Previous Contracts and Compliance Reports.
  Notice of Requirement for Affirmative Action to Ensure Equal Employment Opportunity for Construction
60-4
  Preaward On-Site Equal Opportunity Compliance Evaluation.
60-1
FAR Parts 22 & 52 cover equal opportunity obligations of federal contractors
The FAR does not necessarily reflect the current regulatory requirements under OFCCP’s regulations. Therefore, we recommend reviewing OFCCP’s regulations
41 CFR Part 60-1; Part ; Part and Part

9. Federal Acquisition Regulations
Part 52—Solicitation Provisions and Contract Clauses
41 CFR 60 -OFCCP
  Affirmative Action Compliance.
60-1
  Equal Opportunity.
  Affirmative Action Compliance Requirements for Construction.
60-4
  Equal Opportunity for Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans
& Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Disabled Veterans, Recently Separated Veterans, Other Protected Veterans, and Armed Forces Service Medal Veterans
  Affirmative Action for Workers with Disabilities
Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals With Disabilities
Employment Reports on Special Disabled Veterans, Veterans of the Vietnam Era, and Other Eligible Veterans
&
  Compliance with Veterans’ Employment Reporting Requirements
FAR Parts 22 & 52 cover equal opportunity obligations of federal contractors
The FAR does not necessarily reflect the current regulatory requirements under OFCCP’s regulations. Therefore, we recommend reviewing OFCCP’s regulations
41 CFR Part 60-1; Part ; Part and Part

10. Impact of EEO
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
EEO is important because it
Encourages a fair and diverse workplace free of discrimination and harassment
Increases the number of underrepresented groups of employees working in higher grade levels and certain occupations
Good Jobs for Everyone is Secretary Solis’ focus

11. Contracting/Procurement Officers’ Responsibilities
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
Under the Federal Acquisition Regulation Subparts 22 and 52, contracting officers must:
Ensure that the EO clauses are included in each contract
Inform the appropriate regional office 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 contracts estimated at $10 million or more
This is our pre-award process

12. Construction Contract Notification
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:
The 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
The geographical area(s) in which the contract or subcontract is to be performed.
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))

13. Referrals to OFCCP
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.
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:
Developed and has on file at each establishment AAPs pursuant to Part 60-2;
Participated in any previous contract or subcontract subject to the EO clause;
Filed with the Joint Reporting Committee, the Deputy Assistant Secretary or the EEOC all reports dues under the applicable filing requirements.
If in determining such contractors’ responsibility for an award of a contract it comes to the contracting officer’s attention, through sources within his/her agency or through the OFCCP or other Government agencies, that the contractor does not have an affirmative action program at each of its establishments, or has substantially deviated from such approved AAP, or has failed to develop or implement an AAP which complies with the regulations in Part 60-2, the contracting officer must declare the contractor/bidder nonresponsible and so notify the contractor and the DAS. (41 CFR (b))
Contracting officers are required to notify OFCCP if a contractor fails to develop or implement an acceptable AAP. (41 CFR (b))

14. Pre-Award Clearance Process
National Pre-Award Registry
Award Contract
YES
Step 1 – Check Registry
Step 4 – Add
Government Agency
$10M + NO
Contracting Officers should check the Registry
If on the Registry, you can award the contract
If not on the Registry, contact the appropriate OFCCP Regional Office to request clearance
OFCCP will conduct a pre-award evaluation
Once the evaluation is completed, if the contractor establishment is in compliance, OFCCP will add the contractor establishment to the Registry.
Contractor’s Establishment
OFCCP
Step 3 – Conduct Evaluation
Step 2 – Request Clearance

15. How to Get Started
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
In accordance with FAR and 41 CFR , prior to awarding a contract $10 million dollars or more, federal agencies are required to get EEO clearance from OFCCP
When determining if the company has been cleared by OFCCP, contracting and procurement officers should first
- Search Pre-Award Registry
OFCCP maintains a Pre-Award Registry on its website that provides information concerning federal contractor establishments that have been reviewed and found to be "In Compliance“
Information contained is for a past two-year period
Registry is updated nightly and facilities reviewed more than 2 years ago are removed as new ones are added
Registry database is searchable.
- If the Contractor Facility you are looking for is not found in this Registry, contact the appropriate OFCCP Pre-Award Clearance Officer in your Regional area
Do not use the address for pre-award requests.

16. OFCCP Nationwide Office Directory
Northeast
Midwest
Mid-Atlantic
SWARM
As contracting officers, you should identify the place(s) of performance for each pre-award request and contact the appropriate OFCCP regional office(s) to request clearance.
Pacific
Southeast

17. Where to Send Requests PACIFIC SWARM SOUTHEAST MIDWEST NORTHEAST
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)
To expedite Pre-award Clearance requests, contracting officers are encouraged to make submissions via , Fax or Mail.
Note: SWARM encourages contracting officers to make submissions by Fax ONLY.

18. 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.
When request a preaward clearance, contracting officers must provide the following information:
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 (in excess of $10 Million, including options);
KEY - Indicate if funding for this contract is under the American Recovery and Reinvestment Act. OFCCP has expedited procedures for clearing these types of awards.
Please remember to include contact information in your request:
Name, address, point of contact, telephone number, and address of the contracting office/agency.
Contracting officers are encouraged to submit a preaward clearance request at least 30 days before the proposed award date.

19. OFCCP Notification Within 15 days of request An additional 20 days
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.
According to 41 CFR (d)
OFCCP will inform the awarding agency within 15 days of the notice of its intent to conduct an evaluation. If agency is not informed with this timeframe, agency can presume clearance and award contract
If OFCCP informs the awarding agency within 15 days of notice 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 with this timeframe, agency can presume clearance and award contract

20. Poll Question 2
QUESTION: If OFCCP does not inform the contracting agency of its intent to conduct a compliance evaluation, how long until the contracting officer may presume compliance and proceed with making the award? 15 20 35
180

21. Poll Question 2
QUESTION: If OFCCP does not inform the contracting agency of its intent to conduct a compliance evaluation, how long until the contracting officer may presume compliance and proceed with making the award? 15

22. Frequently Asked Questions
#1. Option Year Contracts
Example: 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 $10M threshold.

23. Frequently Asked Questions
#2. Multiple Places of Performance
Example: DOD is building airplanes in multiple establishments with the contractor ACME Corp. These establishments are in multiple states including California, Arizona, Texas and New Mexico. Where should I send the pre-award clearance request?
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.

24. Frequently Asked Questions
#3. Undetermined Place of Performance
Example: 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?
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.

25. Poll Question 3
A $10 million contract has the following modifications to the ultimate dollar-value agreed to by the parties.
YEAR 1 - $10,000
YEAR 2 - $25,000
YEAR 3 - $15,000
YEAR 4 – contract terminated for convenience
QUESTION: Before the start of which year must the contracting officer obtain preaward clearance from OFCCP? 1 2 3 4

26. Poll Question 3
QUESTION: At the start of which year must the contracting officer obtain preaward clearance from OFCCP? 1

27. Compliance Assistance Resources
Visit OFCCP’s website
Contact your local OFCCP Office
Attend an OFCCP Seminar or Workshop
Calendar Online
Call or for Individual Assistance
Acknowledge that a lot of information was presented.
However, OFCCP has several help-lines – visit website, attend an OFCCP workshop, call hotline or us with your questions.
We’re always glad to help…

28. Questions? U.S. Department of Labor
Employment Standards Administration
Office of Federal Contract Compliance Programs
Questions?
Review with group the items that they wanted to cover in the presentation (use the easel paper that was posted on wall). Recap what was presented. If not presented, can respond to this now.
Any further questions…