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The government purchases most of its goods and services through contracts.
The General Services Administration (GSA) is the federal government’s business manager, buyer, real estate developer, telecommunications manager, and IT solutions provider. GSA offers businesses the opportunity to sell billions of dollars’ worth of products and services to federal agencies through contract vehicles.
The General Services Administration (GSA) is the federal government’s business manager, buyer, real estate developer, telecommunications manager, and IT solutions provider. GSA offers businesses the opportunity to sell billions of dollars’ worth of products and services to federal agencies through contract vehicles.
There is a ton of information on “how to sell to the government” online. Websites such as www.firstgov.gov and www.sba.gov/ (for small businesses) have ample information on how to get started and where to get help.
However, there isn’t much to be seen regarding the laws that kick in if you accept a government contract valued at a certain amount. The links in this topic will guide you through the government’s laws, acts, and regulations regarding the information you need to know to administer a government contract.
Government contracts, grants, or financial aid. Recipients of government contracts, grants or financial aid are subject to wage, hour, benefits, and safety and health standards under:
Administration and enforcement of these laws are by the Wage and Hour Division. The Employment Standards Administration (ESA)’s Office of Federal Contract Compliance Programs (OFCCP) administers and enforces three federal contract-based civil rights laws that require most federal contractors and subcontractors, as well as federally assisted construction contractors, to provide equal employment opportunity. The Office of the Assistant Secretary for Administration and Management’s (OASAM) Civil Rights Center administers and enforces several federal assistance based civil rights laws requiring recipients of federal financial assistance from Department of Labor to provide equal opportunity.
Construction. Several agencies administer programs related solely to the construction industry:
Federal Acquisition Regulation (FAR). The body of regulations which is the primary source of authority governing the federal government’s procurement process are the Federal Acquisition Regulations (FAR). The FAR, which is published as Chapter 1 of Title 48 of the Code of Federal Regulations , is prepared, issued, and maintained under the joint auspices of the Secretary of Defense, the Administrator of General Services Administration, and the Administrator of the National Aeronautics and Space Administration. Actual responsibility for maintenance and revision of the FAR is vested jointly in the Defense Acquisition Regulatory Council (DARC) and the Civilian Agency Acquisition Council (CAAC ).
Government contractor provisions in the Employee Polygraph Protection Act (EPPA). In general, the Employee Polygraph Protection Act puts limits on how employers can administer lie detection tests to employees. However, certain government contractors are exempt from the Act’s provisions. The federal government can administer lie detector tests to contractors and their employees under the Act’s National Defense and Security Exemption.
Under the exemption, the law puts little restriction on how the federal government can use lie detector tests for the above national defense and security reasons. The federal government can use any type of lie detector (deceptograph, voice stress analyzer, psychological stress evaluator, or any other similar device). The government is not limited to using polygraphs, which simultaneously record changes in cardiovascular, respiratory, and electrodermal patterns.
These agencies can conduct their lie detector tests without having to meet the Act’s provisions for using the test as the basis for adverse employment action, the rights of the examinee, the qualifications of examiners, or the disclosure of results.
Rehabilitation Act, Section 503. Under Section 503 and its implementing regulations, covered employers with federal contracts or subcontracts must take affirmative steps to employ qualified individuals with disabilities, including recruitment, hiring, rates of pay, upgrading, and selection for training. All covered contractors and subcontractors must also include a specific equal opportunity clause in each of their nonexempt contacts and subcontracts.
In addition, covered federal contractors and subcontractors must make reasonable accommodations for the known physical or mental limitations of qualified individuals with disabilities, unless providing an accommodation would create an undue hardship. Furthermore, covered contractors and subcontractors are required to take all necessary actions to ensure that no one attempts to intimidate or discriminate against any individual for filing a complaint or participating in a proceeding under Section 503.
Affirmative action in government contracting. When a non-construction (service and supply) government contractor has 50 or more employees and a contract of $50,000 or more, the contractor also must prepare and maintain an affirmative action program. As part of this program, contractors are obligated to institute outreach and recruitment efforts to employ and advance qualified individuals with disabilities at all levels of employment, including the executive level.