Federal Government Contracts and Compliance Requirements
(Hosted by Small Business Administration, SBA)

Synergistic Solutions Corp. will be presenting at the SBA Entrepreneur Center, 455 Market St., 6th floor San Francisco, 94105

The Office of Federal Contract Compliance Programs is conducting more full-desk audits and onsite reviews for businesses receiving ARRA funds. We’ll discuss how you can deal with OFCCP requirements concerning fair employment laws and company policy; writing and using job descriptions; composing unbiased job advertisements; conducting nondiscriminatory interviews; choosing appropriate pre-employment tests; checking and documenting references.

Event Details

455 Market St., 6th floor San Francisco, 94105

Date:  Thursday, September 29, 2009

Time:  8:00 AM - 9:30 AM PDT

Registration is required for this informative seminar.  To register, simply go to http://www.eventbrite.com/event/415573993.

There seems to be a misconception that the U.S. Department of Labor is operating on past precedent of “good faith effort;” however, contractors and subcontractors receiving federal funds, whether through direct contracts or indirectly, through State, County or City projects, compliance with equal employment opportunity and affirmative action (EEO/AA) is mandatory. The Office of Federal Contract Compliance Programs Employment Standards Administration, U.S. Department of Labor (OFCCP) received an increase for the fiscal year 2010 budget of $109,521,000 with an additional 213 full-time employees.  This is a substantial increase of 33% from the 2009 budget that will provide more support to the Federal Contract Compliance System (FCCS) and to ensure compliance with EEO/AA.  Due to the increase in budget funding and full-time staff, the OFCCP is able to more quickly and accurately audit federal contractors and subcontractors for indicators of potential discrimination.

During the past administrations, OFCCP did not have enough resources to ensure federal contractors and subcontractors comply with the laws and regulations requiring nondiscrimination and affirmative action, and as such “good faith effort” terminology came into being.  Several federal contractors and subcontractors continue to operate under the presumption that “good faith effort” is EEO/AA compliance. 

Recently, the Bay Area Rapid Transit (BART) received correspondence from the Federal Transit Administration (FTA) regarding civil rights issues raised on the Oakland Airport Connector project.  BART has until March 5, 2010 to address and remedy the civil rights issues raised by the FTA or risk losing the $70 Million of stimulus funds.  In addition, Gerber Products Company will pay $900,000 to settle findings of hiring discrimination against 1,912 rejected minority and female applicants.   Both BART and Gerber Product Company are examples of the increased aggressiveness that has been promised by OFCCP. 

According to 41 CFR 60-4.2 (d)(3), the federal contractor must provide written notification of any subcontract of $10,000 or more to OFCCP within 10 working days of the award.  Therefore, with the number of stimulus funded contracts soon to be shovel ready or are shovel ready, both federal contractors & subcontractors must be able to meet EEO/AA requirements and Title VI of the federal Civil Rights Act of 1964, which prohibits recipients of federal funding from discriminating in their programs and activities.

By: Zorha Evans-Huck