Executive Order 13673: Fair Pay and Safe Workplaces
- Court Order Enjoining Certain Sections, Provisions, and Clauses in Federal Acquisition Circular (FAC) 2005-90, Implementing Executive Order (E.O.) 13673, Fair Pay and Safe Workplaces
- Memorandum for Chief Acquisition Officers, Senior Procurement Executives, Defense Acquisition Regulations Council, Civilian Agency Acquisition Council
Preassessment: Available Now
Independent of a specific acquisition, any current or prospective government contractor may voluntarily contact the Department of Labor to request an assessment of their record of labor law compliance. Using DOL Guidance, the Department will assess whether any of the prospective contractor's violations are serious, repeated, willful, or pervasive; and whether a labor compliance agreement may be warranted. If a contractor that has been assessed by the Department of Labor subsequently submits a bid, and the contracting officer initiates a responsibility determination of the contractor, the contracting officer and the Agency Labor Compliance Advisor (ALCA) may use the Department's assessment that the contractor has a satisfactory record of labor law compliance unless additional labor law violations have been disclosed.
Participating in Preassessment: What to Expect
To participate in Preassessment, select Preassessment Request Intake.
Any current or prospective government contractor may participate in Preassessment. Preassessment participation does not require GSA SAM registration as it is not associated with a specific acquisition.
On the Preassessment Request Intake, complete all required fields and submit the form. After you submit the form, you will receive an email verifying your submission information and a member of the DOL will be in touch with an additional form to complete with your labor law violation history. Refer to FAR 22.2004-2 (b) (1) (i) (a)-(d) for further explanation.
Benefits of Participating in Preassessment
As Preassessment is not associated with a specific acquisition, it is a proactive and voluntary way for current and prospective government contractors be reviewed on labor compliance history. Participating in Preassessment:
- Provides current and prospective contractors the opportunity to be assessed on their labor law compliance history, and how it would be reviewed as part of the acquisition process
- Serves as a proactive and voluntary measure if there are labor law compliance history concerns, because the contractor can develop a labor compliance agreement and start taking steps to mitigate issues before there is a specific acquisition
- Will be considered in future acquisitions
The Preassessment phase is an ongoing period, which means it does not end when the FAR Rule takes effect on October 25, 2016.
At any point in time from September 12, 2016 and onward, current and prospective government contractors can complete the Preassessment Request Intake for a review of their labor compliance history independent of a specific acquisition.