This week’s episode covers a final DOL rule relating to OFCCP’s pre-enforcement resolution procedures, regulatory updates on sustainable procurement and CMMC, and a bid protest decision regarding unfair competitive advantage, and is hosted by Peter Eyre and Yuan Zhou. Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of
This week’s episode covers the proposed Secure Software Self-Attestation Common Form issued by CISA, OFCCP’s issuance of a modified version of its initial proposed revisions to the Scheduling Letter and Itemized Listing, and a Civilian Board of Contract Appeals decision about jurisdiction and timeliness, and is hosted by Peter Eyre and Yuan Zhou. Crowell &
This week’s episode covers the proposed Secure Software Self-Attestation Common Form issued by CISA, OFCCP’s issuance of a modified version of its initial proposed revisions to the Scheduling Letter and Itemized Listing, and a Civilian Board of Contract Appeals decision about jurisdiction and timeliness, and is hosted by Peter Eyre and Yuan Zhou. Crowell &
As outlined in our prior client alert, the Office of Federal Contract Compliance Programs (the “OFCCP”) published a Notice in the Federal Register to federal contractors of a Freedom of Information Act (“FOIA”) request for disclosure of Type 2 Consolidated EEO-1 Report data submitted by all federal contractors and first-tier subcontractors from 2016 until
This week’s episode covers an interim rule requiring that certain entities disclose their use of workforce and facilities in China, an update on the contractor vaccine mandate, a notice from OFCCP regarding a FOIA request for contractors’ EEO-1 Reports, and an OFCCP Directive intended to clarify its earlier guidance addressing federal contractors’ obligation to evaluate
Responding to significant uproar from the federal contracting community, on August 18, 2022, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a revised version of its Directive 2022-01 – Advancing Pay Equity Through Compensation Analysis, which was originally issued on March 15, 2022. The Revised Directive is, per the OFCCP, intended to clarify its earlier guidance addressing federal contractors’ regulatory obligation to evaluate “compensation systems” as part of their affirmative action programming, and the documentation the OFCCP expects contractors to provide to the OFCCP regarding their analyses. Most importantly, the Revised Directive steps back from the position the Agency took in the March 15 Directive with regard to the applicability of the attorney-client privilege to analyses contractors are required to undertake pursuant to the Agency’s regulations. The Agency had previously taken the position that contractors conduct undefined “pay equity” analyses pursuant to the Agency’s regulatory obligation and, as a result, could not assert attorney-client privilege over such analyses. Continue Reading OFCCP Issues Revised Directive Addressing Privilege Concerns, But Significant Concerns Remain
Despite the coronavirus pandemic, the Office of Federal Contract Compliance Programs (OFCCP or “the Agency”) remains busy, and there are several recent developments of which all contractors should be aware. The Office of Management and Budget (OMB) has finally approved the Agency’s new Scheduling Letters, and the OFCCP will soon begin using those for
Crowell & Moring’s “Fastest 5 Minutes” is a biweekly podcast that provides a brief summary of significant government contracts legal and regulatory developments that no government contracts lawyer or executive should be without, with the latest edition hosted by partners David Robbins and Peter Eyre and including updates on the latest executive orders by President
On December 9, 2014, the Office of Federal Contract Compliance Programs (OFCCP) within the Department of Labor (DOL) issued a final rule implementing the President’s July 2014 Executive Order 13672, which prohibits federal contractors from discriminating on the basis of sexual orientation or gender identity. The rule requires contractors and subcontractors to add “gender