Contract Certifications Still Create Significant Liability
Debbie Rich
While federal contractors are no longer certifying Affirmative Action Plan (AAP) compliance through the Office of Federal Contract Compliance Programs (OFCCP), they are still certifying compliance through the System for Award Management (SAM.gov) and have federal contract compliance obligations.
Many organizations do not realize that this certification is triggered during:
- Contract registration
- Contract renewal
- SAM.gov updates
Risks of false certification include:
- False Claims Act liability
- Criminal penalties
- Debarment or loss of government contracts
Action Required:
Ensure you verify that your organization complies with all federal contract requirements, including AAP compliance, before any SAM.gov updates or contract certifications.
Title VII Compliance Is Now More Critical Than Ever
Title VII of the Civil Rights Act of 1964 is still the primary federal anti-discrimination framework. Enforcement has not slowed—the Equal Employment Opportunity Commission (EEOC) remains focused on discrimination in:
- Hiring
- Promotions
- Pay decisions
- Performance management
- Terminations
Action Required:
Revisit antidiscrimination policies and ensure decision-making processes are fair, defensible, and well-documented.
If you need assistance with your federal contract compliance obligations, contact us.
