OFCCP Rules Regarding Veterans and the Disabled will be Effective March 24, 2014

September 25, 2013

Two new rules affecting the implementation of the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”), governing protected veterans, and Section 503 of the Rehabilitation Act (“Section 503”), governing persons with disabilities were published in the Federal Register on September 24, 2013. The rules become effective on March 24, 2014 and federal contractors and subcontractors must largely come into compliance with the rules by that date.   Contractors with affirmative action programs in place on March 24, 2014 may maintain them until the end of the current plan year, delaying compliance with only the affirmative action requirements of the new rules until the start of the next plan year.  

OFCCP Announces New Regulations on Disability and Veterans Employment

August 30, 2013
On August 27, 2013, the Office of Federal Contract Compliance Programs (“OFCCP”) announced new rules outlining how federal contractors should handle their affirmative action and nondiscrimination obligations for protected veterans and for individuals with disabilities under the Vietnam Era Veterans’ Readjustment Assistance Act (“VEVRAA”), governing protected veterans, and Section 503 of the Rehabilitation Act (“Section 503”), governing persons with disabilities. The new rules attempt to measure federal contractors’ progress toward achieving equal opportunity for people with disabilities and protected veterans and fundamentally alter the rules for compliance.

New SBA Rule Imposes Stricter Standards Affecting Size and Status Representations

July 2, 2013

Last Friday, the U.S. Small Business Administration (“SBA”) issued the long-awaited final rule implementing provisions of the Small Business Jobs Act of 2010 (“Jobs Act”) pertaining to small business size and status integrity.  The new rule, while softened from the proposed rule, implements a strict standard with wide-ranging consequences for contractors representing their size or status under the System for Award Management (“SAM”) database or submitting a proposal under a solicitation reserved or intended for small businesses or businesses participating in SBA programs. The new rule becomes effective on August 27, 2013.

VA Seeks Comments on How to Improve its SDVOSB Regulations

May 23, 2013
On May 13, 2013, the U.S. Department of Veterans Affairs (“VA”), Office of Small and Disadvantaged Business Utilization, issued an Advanced Notice of Proposed Rulemaking, seeking comments on how to improve the regulations governing the VA’s Verification Program for SDVOSBs and VOSBs. See 78 Fed. Reg. 27882 (May 13, 2013). The VA is planning to amend its regulations to provide greater clarity, to streamline the verification program, and to encourage more veteran-owned firms to participate in the program. As an initial step in this process, the VA is seeking comments by July 12, 2013, on how to best change its rules.

SBA Issues Amendment to WOSB Regulations Lifting Limitation on Dollar Amounts

May 9, 2013
On May 7, 2013, the U.S. Small Business Administration (“SBA”) issued an amendment to its women-owned small business (“WOSB”) federal contract program regulations which lifted the limitation on the dollar amount of a contract that can be set aside for WOSBs. See 78 Fed. Reg. 26504 (May 7, 2013). This amendment takes immediate effect.
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