Thomas Dowd, Deputy Director of OFCCP, issued a memorandum September 7, 2017 granting a limited exemption and waiver from development of Affirmative Action plans for employers entering into Supply and Service contracts due to Hurricane Harvey. The Memorandum does NOT exempt from OFCCP’s obligations any “construction” companies supplying Hurricane Harvey relief. Nor does the exemption apply to those employers which are currently covered “Government contractors” subject to one or more of OFCCP’s compliance statutes. Rather, the exemption is an effort to eliminate barriers to supply and service contractors entering the Government Contractor Supply and Service marketplace to provide relief to Hurricane Harvey.
While the obligation to create a written Affirmative Action Plan has been made exempt, Federal Supply and Service contractors will continue to be subject to non-discrimination requirements of EO11246, VEVRAA, and Section 503, and the following FAR requirements:
- Posting of “Equal Opportunity is the Law” notice under all 3 laws;
- Record keeping and record retention as outlined under all 3 laws;
- Employment listings as with the appropriate ESDS as outlined in VEVRAA
The exemption is effective September 1, 2017 through December 1, 2017, subject to any extensions brought about by special circumstances as defined by OFCCP in the national interest.