Labor, Employment, and Socioeconomic Requirements in Government Procurement

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Most federal contracts and subcontracts incorporate requirements to foster national goals and public policies such as increasing small business participation in the federal marketplace, assisting minority and disadvantaged workers, easing unemployment, or providing preferences to special sources of supply. We also counsel you on compliance with federal regulations governing affirmative action and have a designated sub-group of attorneys within our Labor & Employment Practice with specific experience in employment issues with government contracts and matters before the OFCCP.

We help ensure compliance with these standards by assisting you with any related certification obligations. In addition, we review and evaluate your particular notification and reporting systems and assist you in preparing any applicable subcontracting plans to ensure compliance with these requirements.

Specifically, we:

  • Assist in developing socioeconomic plans to include preferences for small and minority-owned businesses
  • Advise on compliance with the Davis-Bacon, Service Contract, and Walsh Healy Acts and related federal laws mandating minimum wages on federal projects
  • Assist with the reduction or elimination of the burden of special preferences when subcontracting opportunities did not exist, avoiding future potential claims regarding non-compliance
  • Conduct analyses concerning whether a client is a covered contractor or subcontractor under Executive Order 11246 and other federal, state, or local laws and regulations
  • Advise on compliance with applicable federal regulations regarding Internet applicant and recordkeeping requirements
  • Advise clients through numerous Office of Federal Contract Compliance Programs (OFCCP) desk audits and on-site audits as well as wage and hour audits with the U.S. Department of Labor
  • Perform salary, compensation, and adverse impact analyses and complete other reports required by OFCCP and other agencies