On October 19, 2012, the U.S. Department of Labor’s Administrative Review Board (“ARB”) dismissed a complaint brought by the OFCCP against the Florida Hospital of Orlando (“Florida Hospital”), a TRICARE provider. The ARB ruled that the Florida Hospital’s subcontract with Humana Military Healthcare Services is not a covered subcontract for purposes of the affirmative action and other compliance obligations imposed by OFCCP. OFCCP v. Florida Hospital of Orlando, ARB Case No. 11-011. Continue reading
Author Archives: Cooley
OFCCP Files Suit Against Cargill Seeking to Cancel Its Federal Contracts and Debar It From Bidding on Future Solicitations
On November 29, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) filed an administrative complaint with the Office of Administrative Law Judges (“OALJ”) against Cargill Meat Solutions Corporation (“Cargill”) seeking to rescind over $550 million in contracts held by the Company. According to a press release issued by OFCCP, Cargill allegedly discriminated against 4,069 qualified female and minority applicants for entry-level production jobs at its Springdale, Arkansas establishment. OFCCP filed the complaint after it was unable to secure a Conciliation Agreement with Cargill.
On November 7, 2011, the Office of Federal Contract Compliance Programs (“OFCCP”) and the Equal Employment Opportunity Commission (“EEOC”) entered a new Memorandum of Understanding (“MOU”) that allows for greater sharing of information between the agencies and collaboration on enforcement initiatives. The stated goal of the MOU is “to promote greater efficiency and coordination, and to eliminate conflict and duplication of effort” between the agencies. There has been a MOU between the two agencies since 1970. Although the MOU has been updated several times (e.g., 1974, 1981, and 1999), the agencies have rarely coordinated or collaborated on enforcement initiatives.
Department of Defense Issues Final Rule Requiring Contractors to Certify Compliance with Revolving Door Restrictions
On November 18, 2011, the Department of Defense (“DoD”) issued a final rule that requires contractors bidding on solicitations to certify that former DoD officials employed by or receiving compensation from the contractor who are anticipated to work on the contract have complied with their post-employment restrictions under 18 U.S.C. § 207, 41 U.S.C. §§ 2101–2107, and 5 C.F.R. parts 2637 and 2641, including Federal Acquisition Regulation § 3.104–2. The representation will be required only one time rather than continuously throughout the performance of the contract. The certification will apply to all solicitations entered on or after November 18, 2011.
On November 14, 2011, Judge Royce C. Lamberth, the Chief Judge for the Federal District Court for the District of Columbia, held in United Space Alliance, LLC v. Solis, et al. that the Office of Federal Contract Compliance Programs (“OFCCP”) had the right to request compensation data from United Space Alliance, LLC (“USA”) for periods beyond its initial scheduling letter.
Final Rule Prohibiting Reimbursement of Contractors for Costs Related to Influencing Unionization Decisions
On November 2, 2011, the Department of Defense (“DoD”), General Services Administration (“GSA”), and National Aeronautics and Space Administration (“NASA”) issued a final rule implementing President Obama’s Executive Order 13494, Economy in Government Contracting (“EO 13494”). EO 13494 prohibits government contractors from being reimbursed for activities aimed at influencing employees’ decisions to unionize or bargain collectively.
On October 14, 2011, the Department of Defense (“DoD”), the General Services Administration (“GSA”), and the National Aeronautics and Space Administration (“NASA”) issued a proposed rule that contemplates requiring federal contractors to conduct privacy training for certain employees. The purpose of the proposed rule is to extend the safeguards of the Privacy Act to contractors who handle sensitive information through covered government record systems.