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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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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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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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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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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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Category: Affirmative Action and Diversity

CWC Urges OMB To Ameliorate Burden Imposed by OFCCP’s Construction Contractor Letter

The Center for Workplace Compliance (CWC) has submitted comments to the White House Office of Management and Budget (OMB) in response to a request from the Office of Federal Contract Compliance Programs (OFCCP) for authorization to use an expanded version of the construction contractor scheduling letter and itemized listing that the agency uses to notify construction contractors of a compliance...
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Category: Compliance Reporting and Recordkeeping

OFCCP Submits Formal Request to OMB To Reinstate Burdensome Construction Contractor Report

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has submitted a formal request to the White House Office of Management and Budget (OMB) to reinstate the burdensome Utilization Report (Form CC-257). The report will require covered construction contractors and subcontractors to collect and report headcount and work hours data by race, ethnicity, sex, and construction trade on a...
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Category: Affirmative Action and Diversity

OFCCP Financial Settlements in FY 2024 Q1-Q3

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has announced 16 formal settlements of enforcement actions against federal contractors during the first three quarters of fiscal year 2024, which spans the time period from October 1, 2023, to September 30, 2024. A financial settlement does not indicate wrongdoing. The Center for Workforce Compliance (CWC), our affiliated nonprofit membership...
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Category: Agency Enforcement

OFCCP Asks OMB To Expand Construction Scheduling Letter and Itemized Listing

The Labor Department’s Office of Federal Contract Compliance Programs (OFCCP) has submitted a formal request to the White House Office of Management and Budget (OMB) to use a more detailed scheduling letter and itemized listing to notify federal construction contractors of a compliance audit. OFCCP unveiled its proposal for a new scheduling letter back in March. The Center for Workplace Compliance (CWC), our...
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Category: Affirmative Action and Diversity

Last Minute Technical Issues Once Again Impact OFCCP Contractor Portal Certification

With the July 1 certification deadline fast approaching, technical issues are again bedeviling OFCCP’s online Contractor Portal and preventing some federal contractors and subcontractors from certifying compliance with the Labor Department’s Office of Federal Contract Compliance Programs. The “Add Establishment” button is no longer available for many contractors on the “My Company” page. Other contractors are unable to certify more...

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