OMB has issued guidance, in memo M-15-08, on the obligations of agency management to oversee contractor compliance with fair pay and safe work practices under a 2014 executive order, including a requirement to designate labor compliance advisors by early June under the order.
“The LCA should be a career civil servant with sufficient authority to bring issues to the deputy secretary, deputy administrator, or equivalent official; the general counsel; and other appropriate agency leadership as needed. Agencies may designate an existing labor advisor ifthat individual is qualified and capable of meeting the responsibilities ofan LCA. Agencies, particularly small agencies, that wish to build the LCA capacities through a shared services arrangement may work with DoL and OMB on the best way to do so,” the memo says.
Those officials “will play a key new role in agencies, promoting awareness ofand respect for the importance of labor law compliance through their interactions with senior agency officials, contracting officers, and contractors, while also meeting regularly with the Department ofLabor (DOL) and LCAs from other executive departments and agencies to formulate effective and consistent practices government-wide,” it says.
The executive order requires prospective federal contractors responding to solicitations estimated at more than $500,000 to disclose whether, within the past three years, there have been any administrative merits determinations, arbitral awards or decisions, or civil judgments, for violations of certain labor laws and executive orders.
If such an issue is found, agencies will be required to consider any information contractors choose to provide regarding remedial measures or mitigating factors. Also, to reduce the burden on contractors, GSA and other agencies are to develop a single website for contractors to use for reporting requirements related to labor laws, as well as other reporting requirements as practicable.
