Executive Order 13706 is enforced by the Wage and Hour Division, and is not under OFCCP enforcement. This Executive Order applies to new and replacement contracts with the federal government “that result from solicitations issued on or after January 1, 2017 (or that are awarded outside the solicitation process on or after January 1, 2017)." This covers contracts that fall under the following major categories: 1. Procurement contracts for construction covered by the Davis-Bacon Act (DBA) 2. Service contracts covered by the McNamara-O’Hara Service Contract Act (SCA) 3. Concessions contracts, including any concessions contracts excluded from the SCA by the Department of Labor’s regulations at 29 CFR 4.133(b) 4. Contracts in connection with Federal property or lands and related to offering services for Federal employees, their dependents, or the general public 5. Any subcontract of a covered contract that (like the upper-tier contract) falls into one of the above four categories That said, the Rule will still apply to a contract in effect before January 1, 2017, if it is renewed, extended, or amended on or after January 1, 2017. The best approach for you would be to contact the Wage and Hour Division or consult with an AAP attorney to determine whether your company is subject to the requirements of EO 13706 based on the specific contract that you have.
You can use this OFCCP audit checklist to ensure you're doing what is required to maintain OFCCP's regulations including VEVRAA, Section 503, and EO 11246. Or request a demo to streamline your compliance and recruiting efforts.
