Jeffrey B. Birch, Acting Director

www.fai.gov

Equal Employment Opportunity

Responsibilities of Federal Procurement Officers: An Update 

Presented by the Office of Federal Contract Compliance Programs (OFCCP)

2015, February 18
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Presenters

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Melissa L. Speer, Regional Director 

Southwest and Rocky Mountain Region 

(SWARM)

Herman Narcho, Branch Chief for 

Enforcement, Division of Program 

Operations, National Office, OFCCP

OFCCP - An Update, February 18, 2015
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Agenda

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Introduction to OFCCP

Relationship to the Federal Acquisition 

Regulations (FAR)

Responsibilities of Federal Contracting and 

Procurement Officers

OFCCP - An Update, February 18, 2015
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What is OFCCP?

o A federal civil rights agency enforcing laws 

prohibiting covered federal contractors 

from discriminating in employment on the 

basis of race, color, religion, sex, sexual 

orientation, gender identity, national 

origin, disability, or status as a protected 

veteran

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OFCCP’s Six Regions

OFCCP - An Update, February 18, 2015

Pacific 

Midwest

SWARM

Northeast 

Mid-Atlantic 

Southeast
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What are the Laws OFCCP Enforces?

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Executive Order 11246, as amended

Section 503 of the Rehabilitation Act of 

1973, as amended

Vietnam Era Veterans’ Readjustment 

Assistance Act (VEVRAA) of 1974, as 

amended

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Who is Covered? 

Executive Order 11246

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Contracts and subcontracts in excess of

$10,000

Non-construction employers with

contracts of $50,000 or more and 50 or

more employees must develop and

maintain a written Affirmative Action

Program

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Who is Covered? 

Section 503

o

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Contracts and subcontracts in excess of

$15,000

Contractors with contracts of $50,000 or

more and 50 or more employees must

develop and maintain a written Affirmative

Action Program

OFCCP - An Update, February 18, 2015
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Who is Covered? 

VEVRAA

o

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If the contract is $100,000 or more, 

contractors are subject to VEVRAA

If the contractor has 50 or more employees, 

they are required to develop and maintain 

an Affirmative Action Program

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What Does OFCCP Do?

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Conducts compliance evaluations

Investigates discrimination complaints

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What Does OFCCP Do?

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Provides technical assistance

Engages in outreach and public

education

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Federal Acquisition Regulations (FAR)

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Equal Employment Opportunity (EEO)

requirements are incorporated into the

FAR

Set of regulations governing all acquisitions

and contracting procedures in the federal

government

https://acquisition.gov/far/index.html

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Federal Acquisition Regulations (FAR)

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FAR 22.8 Equal Employment Opportunity

FAR 22.804 Affirmative Action Programs

• Non-construction

• Construction

FAR 22.805 Procedures

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Federal Acquisition Regulations (FAR)

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Subpart 22.13 – Equal Opportunity for

Veterans – prescribes policies and

procedures for VEVRAA

Subpart 22.14 – Employment of workers

with disabilities – prescribes policies and

procedures for implementing Section 503

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Responsibilities of Federal 

Procurement Officers

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Solicitation

Pre-Award

Post-Award

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Solicitation

o Include Specific Provisions in Solicitations

• Attestation of Previous Contract Participation

• Attestation of Filing Previous Compliance Reports

• EEO-1 Report

• 4212 Report (formerly VETS 100/100A)

• Notice of Requirement for Affirmative Action

Obligations

• Notice of Pre-award On-site Evaluation

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Prospective Bidders Requirements

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Certify Compliance

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Developed an Affirmative Action Program 

Filed an EEO-1 Report

Filed a VETS-100 Report

Participated in any previous contract subject to the 

Equal Opportunity Clause

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Solicitation Pre-Award Post-Award

Question:

OFCCP - An Update, February 18, 2015

What resources are available to contracting 

officers if a bidder/offeror has questions 

about the equal employment opportunity and 

affirmative action obligations? 
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Answer:

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OFCCP’s Web site

OFCCP’s Help Desk

OFCCP’s Field Offices

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Responsibilities of Federal Procurement 

Officers

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Solicitation 

Pre-Award 

Post-Award

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Solicitation Pre-Award Post-Award

Pre-Award

Ensure contractor or subcontractor is eligible 

Contracts of $10 million or more - Request EEO 

clearance of contractors

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Exception to Pre-Award Clearances

o Listed on OFCCP’s National Pre-Award Registry

• Within 24 months of an OFCCP Notice of Compliance

• Contracting Officer Documents the Registry Review

OFCCP - An Update - February 18, 2015
Solicitation Pre-Award Post-Award
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Solicitation Pre-Award Post-Award

OFCCP - An Update, February 18, 2015

Question:

What about “option year” contracts? If the initial 

award is less than $10 million but the award’s 

option years could potentially meet the $10 

million threshold, is pre-award clearance 

required?
OFCCP - An Update, February 18, 2015 28

Solicitation Pre-Award Post-Award

Answer:

Yes – consider the total value of the contract 

including any options to determine the $10 million 

threshold.
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Requesting Pre-Award Clearance

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Submit request at least 30 days before

Regional Office for the Place of Performance

Information Needed

• Contact Information for the Proposed Contractor

• Contact Information for Proposed Subcontractors

• Anticipated Date of Award

• Place of Performance

• Estimated Dollar Amount

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Question:

Which regional office should I send the 

pre-award clearance request to?

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Solicitation Pre-Award Post-Award

Answer:

It depends... 

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Responsibilities of Federal 

Procurement Officers

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Solicitation 

Pre-Award 

Post-Award

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Post-Award

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Incorporating the Equal Opportunity Clauses into the

Contract

Providing the EEO is the Law Poster

Referring Inquiries and Complaints to OFCCP

Notifying OFCCP of Construction Contract

Awards

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Equal Opportunity 

Clauses

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Incorporate the Equal Opportunity (EO) Clauses in all

nonexempt solicitations and contracts

The EO Clauses:

• Prohibits Discrimination

• Requires Affirmative Action

• Requires Notification to Employees and

Subcontractors

• Provides Access to OFCCP

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EO Clause (Example)

This contractor and subcontractor shall abide by the requirements of 

41 CFR 60-1.4(a), 60-300.5(a) and 60- 741.5(a). These regulations 

prohibit discrimination against qualified individuals based on their 

status as protected veterans or individuals with disabilities, and 

prohibit discrimination against all individuals based on their race, 

color, religion, sex, sexual orientation, gender identity or national 

origin. Moreover, these regulations require that covered prime 

contractors and subcontractors take affirmative action to employ 

and advance in employment individuals without regard to race, 

color, religion, sex, sexual orientation, gender identity, national 

origin, disability or veteran status. 

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EEO is the Law Poster

o Provide Notices for Contractors

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Referring Complaints

Referral of inquires and complaints regarding 

status or violation of OFCCP laws to OFCCP 

regional office. 

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Referring Inquiries

o Inquiries from labor unions regarding the revision of a

collective bargaining agreement in order to comply

with any of OFCCP’s Laws

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Notification of 

Construction Awards 

o 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

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Content of Notification

o This notification of a construction award should

include:

• Name, address, telephone number of contractor

• Employer Identification Number

• Dollar amount of contract; Contract number

• Estimating starting and completion dates

• Geographical area(s) in which work will be performed

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Key Takeaways

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Significant Role in Ensuring EEO and Affirmative Action in

Federal Contracting

Incorporate Equal Opportunity clauses from the three

regulations in solicitations

Contracting officers must check the pre-award registry and

SAM for contracts that meet the threshold

OFCCP as a Resource

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Contact Information

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Website:

http://www.dol.gov/ofccp

Help Desk:

(800) 397-6251

OFCCP - An Update - February 18, 2015