1. 1 HR Tips for Government Contractors Presentation for the Hawai`i Procurement Institute July 19, 2012 Terry E. Thomason, Esq. Corianne W. Lau, Esq. Alston Hunt Floyd & Ing 831423/1

2. 2 © 2012 ALSTON HUNT FLOYD & ING 1001 Bishop St., 18th floor Honolulu, HI 96813 (808) 524-1800 These materials are meant to provide general information for educational purposes only, with regard to the subject matter covered. They are not a substitute for legal or other professional services or advice. Due to the rapidly changing nature of the law, information herein may become outdated. These materials should not be utilized as a substitute for independent research and analysis. Nothing contained in these materials is to be considered as the rendering of legal advice, and readers are responsible for obtaining such advice from their own legal counsel. The opinions and interpretations herein do not necessarily reflect those of the Hawai`i Procurement Institute (HPI). HPI, the author, the law firm of Alston Hunt Floyd & Ing and their employees and agents specifically disclaim any and all liability, loss or risk incurred as a result of the use and/or application of the materials.

3. 3 The Beginnings – AAPs Affirmative Action and Access To Government Contracts –Compliance with federal socio-economic goals is a condition for access to work with the federal government –The HR staff is a contract compliance element for the contractor –Contractor must do the work – in a manner that serves public interests

4. 4 HRs Role And Conference Goals HR plays a critical role in contract compliance Management usually does not realize HR importance GOAL – Discuss past experience and suggest strategies to minimize issues.

5. 5 Examples Of Socio-Economic Goals -Labor Standards – prevailing wage, overtime, safety, etc –Davis-Bacon Act; Service Contract Act; CWHSSA Small Business Utilization – 8(a), WOSBEs, SDVOBs, HUBZone AAPs – Serve to set the example of EEO and access to good jobs to all persons

6. 6 AAPs Construction-Service-Supply Differences in industry practices require different approaches to AA Construction – volatile work force Service and Supply – stable & measurable workforce

7. 7 FAR Procedures and Process Duties imposed by clauses –Labor/Labor Standards/EEO Clauses in Ch 22 –Clause Number Signal – FAR 52.222-XX –Meaning of Flow-Down Clause

8. 8 CONSTRUCTION Ks of $10,000 or more/year – Pre-award survey if $10M+ Contract (FAR 52.222-24) Government Set Goals – FAR 52.222-23 –Contracting officer required to insert minority and female participation in trades – by trade –Contractor duty to use reasonable, good faith efforts to achieve goals – letters to trade unions/recruiting agencies Prohibition Against Segregated Facilities – FAR 52.222-21 –Break rooms, eating areas, dressing/sleeping –**Prohibit use of areas

9. 9 CONSTRUCTION Affirmative Action – FAR 52.222-27 –See Clause subsection (g) (1)-(16) Anti-Discrimination and Harassment policy Maintain list of recruitment sources for minorities and women Train supervisors on project site Applicant Log Notify DOL of Union Vios OJT program open to minorities and women Disseminate EEO policy Publicize – ACME, Inc. – An Equal Opportunity Employer Validate tests/review annually/train annually ***Keep Record On Subcontractors***

10. 10 SERVICE AND SUPPLY $50K & 50 Employees – Flow Down FAR 52.222-25 – Certify Status of AAP –Accurate Certification - ORCA –Start ahead of time – do not wait Must have data - sham AAP is worse than none

11. 11 SERVICE AND SUPPLY EEO Clause – Flow-Down Clause Imposes Duty to comply with EO 11246 – 120 days from award AAP for women & minorities Pre-award Survey – FAR 52.222-24

12. 12 HR Preparation of AAP Goal is to develop snapshot of company make-up, determine areas of under- utilization – and set goals to overcome Duty to use reasonable good faith efforts to overcome under-utilization AAP is an analysis and plan of action

13. 13 HR Preparation of AAP Data collection –Applicant Log – what is an applicant Set a policy and keep records –Hire and Termination Logs – record of all employment actions Maintain reasons for each action taken

14. 14 HR Preparation of AAP Planning HR Style –Job Group Structure – picture of executive, Admin/clerical, etc - - Accurate Job Titles – (Project Manager??) Must Have JDs - accurate –Compensation records – variations in comp must be justified (Classification Rules – i.e. Gen Clerk I, Gen Clerk II, Gen Clerk III)

15. 15 HR Preparation of AAP What about Disabled and Vets VETS – 100A Self Declaration – Identification & Request for reasonable Accommodation.

16. 16 Continuing Programs SHRM & HPI & OFFCP – continuing outreach and training Increased Emphasis by OFCCP – Audits –Added difficulties – Old clauses and rules New rules – Non-displacement of Service Contract Workers

17. 17 QUESTIONS

18. 18 Thank You! Terry E. Thomason, Esq. Corianne W. Lau, Esq. Alston Hunt Floyd & Ing 1001 Bishop St., 18 th floor Honolulu, Hawai`i 96813 (808) 524-1800 tet@ahfi.com clau@ahfi.com