By Wayne Simpson, CFCM, CSCM
Federal Contractor and Subcontractor Labor Reporting Requirements Under the Vietnam Era Veterans Readjustment Assistance Act (VEVRAA)
VEVRAA requires Federal contractors and subcontractors covered by the Act’s affirmative action provisions to report annually to the Secretary of Labor the number of employees in their workforces, by job category and hiring location, who are qualified covered veterans. VEVRAA also requires Federal contractors and subcontractors to report the number of new hires during the reporting period who are qualified covered veterans.
This important annual Federal labor reporting requirement is coming due for Federal contractors and subcontractors. If Federal Acquisition Regulation (FAR) Clause 52.222-37, Employment Reports on Veterans, is contained in your Federal prime contract, or has been “flowed-down” in your subcontract by the prime contractor, you may have a reporting obligation. VEVRAA prohibits prime contractors and subcontractors from discriminating against qualified protected veterans and requires affirmative action by contractors to employ and advance in employment qualified protected veterans.
The report, known as “VETS-4212—Federal Contractor Veterans’ Employment Report”” (formerly known as VETS-100 or VETS-100A, and often referred to as such in contracts awarded using earlier versions of FAR Clause 52.222-37) is due for submission to the Veterans Employment Training Service (VETS) at the U.S. Department of Labor, no later than September 30, 2018. The filing cycle for Fiscal Year 2018 reporting opens up August 1, 2018. Additionally, contractors and subcontractors receiving an award meeting the reporting requirements under FAR Clause 52.222-37, must report within 120 days of contract award.
FAR Clause 52.222-37, Employment Reports on Veterans, as well as FAR Clause 52.222-35, Equal Opportunity for Veterans, have flow-down requirements to subcontractors.
Accurate and timely reporting, as well as record keeping, is critical to stellar contract administration. A contractor’s affirmative action obligations in the hiring and retention of Veterans is subject to audit by the U.S. Department of Labor’s Office of Federal Contractor Compliance Programs (OFCCP). Prime contractors which are State or Local Government Agencies are exempt from this requirement.
Failure to report has consequences. Federal Contracting Officers are prohibited from expending or obligating funds or entering into a contract with a contractor that was subject to reporting requirements under VEVRAA but did not submit a Report for the previous fiscal year. Reporting under covered contracts continues until the contract expires.
The VETS-4212 reflects the contractor’s/subcontractor’s employment activity report and shall reflect total new hires, and maximum and minimum number of employees, during the most recent 12–month period preceding the ending date selected for the report. Contractors may select an ending date—(1) As of the end of any pay period between July 1 and August 31 of the year the report is due; or (2) As of December 31, if the Contractor has prior written approval from the Equal Employment Opportunity Commission to do so for purposes of submitting the Employer Information Report EEO-1 (Standard Form 100).
A special note to U.S. Department of Veterans Affairs (VA) Federal Supply Schedule Contract holders. VA requires submission of this report to the U.S. Department of Labor regardless of the dollar amount of sales under the contract, and failure to submit can impact the processing of modifications, extension packages, and new and ensuing offers.
Just in time for the annual VEVRAA reporting, on Thursday, August 2, 2018, from 1:00 PM – 2:30 PM EDST, Centre is conducting a 90-minute VETS-4212 Reporting webinar to introduce VEVRAA, FAR Clauses 52.222-37, 52.222-35, to participants and teach them how to successfully prepare and submit a VETS-4212 Report to the Veterans Employment Training Service at the U.S. Department of Labor.
Your Federal contract(s) administrator(s) and human resources management officer(s) (HR plays an important role in providing information for the VETS-4212 Report) will benefit by joining us at the webinar. The webinar is both a great introduction and refresher for this important annual labor reporting.
For more information on and to register for the VETS-4212 Reporting Webinar, please click here.
About the Author:
Wayne Simpson is retired from the U.S. Department of Veterans Affairs (VA) after 38 years of federal service. He served as the Executive Assistant to VA’s Deputy Assistant Secretary for Acquisition and Logistics where he was the primary staff advisor to the Deputy Assistant Secretary, who serves concurrently as VA’s Senior Procurement Executive and Debarring Official.