Substantial monetary liability and debarment from present and future government contracts are just some of the potential penalties faced by contractors and subcontractors who fail to comply with the ever-increasing labor and employment requirements imposed on those who do business with federal, state and local governmental entities. Ford & Harrison's Government Contracts Practice Group advises current and potential government contractors and subcontractors about these labor and employment obligations, assists contractors in their compliance efforts, and defends contractors in enforcement proceedings under the many applicable statutes, executive orders and regulations.

Our services include:

Affirmative Action Compliance and Plan Development

Executive orders, regulations, and statutes impose significant equal employment opportunity and affirmative action obligations on government contractors and subcontractors. We advise our clients regarding all aspects of these obligations including: identifying affirmative action and EEO coverage; preparing Affirmative Action Plans (AAPs) or Equal Employment Opportunity Plans (EEOPs) utilizing the latest software; creating other compliance programs; implementing AAPs or EEOPs; complying with applicant tracking and reporting obligations including preparation of EEO-1 or VETS-100 reports; preparing adverse impact and/or compensation analyses; responding to compliance notices from enforcement agencies such as the Office of Federal Contract Compliance Programs (OFCCP); preparing desk audit documents; representing clients during audits by enforcement agencies, and resolving alleged violations. We also provide legal representation in administrative hearings and court proceedings.

For more information about our affirmative action services, please click here to visit the Affirmative Action Compliance and Plan Development section or review our Affirmative Action Desk Reference on this website.

Construction and Service Contracts

Construction and service contractors and subcontractors who contract with governmental entities are typically subject to laws and regulations that, among other things, establish prevailing wages and fringe benefits for designated classes of employees working on these contracts. Federal contractors and subcontractors must also observe minimum occupational safety and health standards and must maintain certain records unless a specific exemption applies. Other affirmative labor and employment obligations are often overlooked by the unwary. The Davis-Bacon Act, the McNamara-O'Hara Service Contracts Act, the Copeland Anti-Kickback Act and the recently issued executive orders relating to project labor agreements, prohibitions against use of federal monies to resist unionization and a successor's obligation to hire employees of a predecessor service contractor are just a few of the federal laws and executive orders that may apply to federal contractors. State and local governments often impose similar or more onerous labor obligations. We advise our clients regarding all aspects of these labor and employment obligations including: assisting in identifying the scope of these obligations and evaluating the impact on any bid proposal and/or contract; assisting in developing internal procedures to reduce the risk of non-compliance; reviewing responses to enforcement agencies; and defending clients, if necessary, in enforcement proceedings before administrative agencies or courts.

Other Laws, Regulations and Orders

Our attorneys represent and assist our clients in recognizing, complying with and defending claims brought under many other federal, state and local government labor and employment related statutes, regulations and orders applicable to contractors and subcontractors. Local prevailing wage and benefit requirements, the labor provisions of the Federal Acquisition Regulations, and the employment obligations imposed on recipients of federal funds or grants are representative of the types of issues with which our attorneys regularly deal.

For additional information regarding the services available through our Government Contracts Practice Group, please contact the F&H attorney with whom you typically work or any of the attorneys shown under the "Related Attorneys" tab on the left of this screen.