Redstone Government Consulting Blog (26)

This is the second blog in a three-part series on progress payments. This blog addresses Line 5, Contract Price and Line 11, Total eligible costs on the SF1443 Contractor’s Request for Progress Payment Form.

As the year comes to an end, many of you are ready to close the door on 2021. But before you dive head-first into 2022, let's take a moment to ensure you have finished your year-end process. Unanet is a comprehensive accounting system that offers clear procedures for closing. Still, we all know that government contracting comes with unique accounting challenges, and extra help can come in handy! Therefore, we at Redstone GCI wanted to provide a checklist and a few links to the Unanet Support Site to help guide you through the Year-End Process smoothly and efficiently:

Merry Christmas and Happy New Year from all of us at Redstone GCI

A special thanks to our charitable committee members for 2021 and to all of the organizations we've supported for their efforts in making the world a better place for everyone.

This is the first blog on a three-part series on progress payments and discusses progress payments and the applicable rates.

Overview

• The Office of Federal Contract Compliance Programs (OFCCP) issued an announcement on December 2, 2021 introducing its new contractor portal.  OFCCP describes the portal as a “platform where covered contractors must certify whether they are meeting their requirement to develop and maintain annual AAPs [affirmative action programs].”  Beginning on March 31, 2022, contractors will be able to utilize the certification feature in the portal to certify their AAP compliance and existing contractors “must” certify whether they have developed and maintained an affirmative action program for each of their establishments or functional units by June 30, 2022.
• EEOC adds new info on when COVID-19 may be a disability: What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws | U.S. Equal Employment Opportunity Commission (eeoc.gov).
• The US DOL Wage and Hour Division has announced a final rule to implement Executive Order 14026 that will increase the federal contractor hourly minimum wage to $15.
• The Federal Contractor Vaccine Mandate established by EO 14042 is now subject to a nationwide injunction entered by Federal Judge Stan Baker of the United States District Court for the Southern District of Georgia on December 7, 2021. This injunction ordered the federal government to temporarily stop enforcement of the COVID vaccine mandate for federal contractors. Employers may still choose to adopt voluntary vaccine mandates but must be mindful of the states that have adopted laws limiting or banning vaccine mandates.  
• Due to a stay by the US Court of Appeals for the Fifth Circuit, all activities related to the OSHA COVID-19 Vaccination and Testing ETS have been suspended. The U.S. Court of Appeals for the Sixth Circuit now has jurisdiction over ETS challenges and DOL has filed a motion to lift the stay. Note that the ETS also acts as a proposal for a permanent standard that is subject to the normal rulemaking procedures. Accordingly, the comment period, which is separate from the litigation, has been extended to January 19, 2022.
  

DCAA issued some guidance on PPP forgiveness treatment in the form of frequently asked questions (FAQs) to its auditors. The FAQs were not front and center on DCAA’s website but search on “PPP” did find them at: COVID FAQ for PWS 07142021 (dcaa.mil).

The Federal Contractor vaccine mandate has been halted nationwide by Federal Judge Stan Baker of the United States District Court for the Southern District of Georgia. A preliminary injunction was issued today, December 7, 2021, ordering the federal government to temporarily stop enforcement of the COVID vaccine mandate for federal contractors.

The Office of Federal Contract Compliance Programs (OFCCP) has announced that their new Contractor Portal will be going live in 2022. The Portal will require contractors to certify, on an annual basis, whether they have developed and maintained an affirmative action program for each establishment and/or functional unit, as applicable.

Overview

• In accordance with EO 14042 and the latest updates from the Safer Federal Workforce Taskforce, federal contractors must ensure their employees are fully-vaccinated no later than January 18, 2022 (as opposed to January 4, 2022).
• Due to a stay by the US Court of Appeals for the Fifth Circuit, all activities related to the OSHA COVID-19 Vaccination and Testing ETS have been suspended.
• The United States Citizenship and Immigration Services is considering permanent approval for remote I-9 verification.
• The US DOL Wage and Hour Division has announced a final rule to implement Executive Order 14026 that will increase the federal contractor hourly minimum wage to $15.
• The Biden Administration has reinstated the Executive Order pertaining to Non-displacement of Qualified Workers Under Service Contracts.
• The US Department of Labor, the National Labor Relations Board, and the US Equal Employment Opportunity Commission have come together to end workplace retaliation and promote workers’ rights.