Federal Contractors

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    This month, we answer a few questions from the mailbag about the intersection between independent contractors, subcontractors, and immigration. Q We have a federal contract with a Federal Acquisition Regulation (FAR) E-Verify clause. Which of our subcontractors are required to use E- Verify? A Utah subcontractors should be using E-Verify...
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    True or false: You cannot ask a job applicant if she has a disability and consider her answer during the hiring process. I would have said true—you can't inquire about a disability. Rather, the question for every job applicant is the same: Can you perform the job's essential tasks with or without reasonable accommodation? If an applicant...
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    The federal government estimates that it has contracts totaling almost $700 billion with more than 200,000 businesses across the United States. If you're one of those 200,000 businesses and have a federal contract worth more than $10,000, you're obligated to take affirmative action to advance the employment of qualified minorities. Moreover, if...
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    Almost all federal contracts have an end date. When old contracts end, new contracts generally go to different contractors. Contractors come and go Lockheed Martin Operations Support, Inc., had a contract with NASA's Stennis Space Center in Hancock County. Monroe Frazier, a 65-year-old African American, was a senior electrical engineer for...
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    Twice a year, in the spring and fall, each federal agency publishes a regulatory agenda. This year's "Semiannual Regulatory Agenda for Spring 2013" was published on July 3 (July is apparently the new April). The following is a summary of the highlights of the planned regulatory activities of various agencies within the U.S. Department of Labor (...
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    The White House budget office has restated its demand for a lower cap on contractor salaries, including a call for new legislation that would prevent the government from paying any contractor's executive more than the salary of the president. Currently, the government will pay up to $763,000 toward contractor salaries based on a statutory...
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    We expect there will be an increase in compensation cases from the Office of Federal Contract Compliance Programs (OFCCP) in light of its new contractor compensation directive (see "OFCCP issues new compensation directive" on pg. 3 of our May issue). In the meantime, the agency has won a number of significant hiring cases that have put its...
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    The U.S. Department of Labor's (DOL) Office of Federal Contract Compliance Programs (OFCCP) formally rescinded the Bush-era guidance on pay discrimination in February, criticizing the 2006 "Voluntary Guidelines and Compensation Standards" as improperly limiting its ability to conduct full investigations of compensation matters. The OFCCP replaced...
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    In a March 30 decision, the U.S. District Court for the District of Columbia found some Pennsylvania-based hospitals were federal subcontractors because they agreed to provide medical services to a prime contractor that obligated itself to provide healthcare services to a government agency. Judge rejects hospitals' arguments Upholding an...
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    This year marks the 150th anniversary of the federal False Claims Act (FCA). Passed by Congress during the height of the Civil War, the legislation imposed criminal and civil penalties against contractors that defrauded the government in sales of military equipment and supplies. Since then, the FCA has been amended several times and now allows...
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