Applicable federal contractors should immediately review the 2020 Corporate Scheduling Announcement List (CSAL), released by the Office of Federal Contract Compliance Programs (OFCCP), to see if they have been selected for a future audit.
On August 3, 2020, President Donald Trump signed an executive order and released a related fact sheet in furtherance of the White House’s continued efforts to ensure that federal agencies focus on using United States labor in their federal contracts. This new executive order, which is arguably in furtherance of the previous Buy American Hire American executive orders, requires federal agencies to review their contracts and subcontracts from fiscal years 2018 and 2019 to assess whether their contractors used temporary foreign labor to perform the contracts in the United States or performed such contracts in foreign countries when the work had previously been performed in the United States. Federal agencies are then required to determine whether these temporary foreign labor hiring practices and/or offshoring practices negatively affected opportunities for United States workers. Within the next six months, agencies are required to submit reports to the Office of Management and Budget with their findings and to recommend, if necessary, any proposed corrective actions and the timelines to implement such actions.
In the wake of the coronavirus (COVID-19) pandemic, many federal contractors are questioning to what extent the Department of Labor (DOL) Office of Federal Contract Compliance Programs (OFCCP) will continue to operate and whether recently passed legislation includes any relief for federal contractors. While the OFCCP has made it clear that it remains “virtually” operational, it will not be “business as usual.”
For the full alert, visit the Faegre Drinker website.
The Office of Management and Budget recently approved proposed revisions to the Scheduling Letter and Itemized Listing, the Compliance Check Letter, and the Section 503 Focused Review Letter, in addition to introducing the VEVRAA Focused Review Letter. The revisions include only a few substantive changes that impact government contractor disclosures.
OMB recently approved the revised scheduling letters, but fortunately did not adopt all of OFCCP’s proposed changes, including proposed changes to request compensation information during focused reviews. While the new Compliance Check Letter remains substantively unchanged, a few differences exist among and between the other scheduling letters.