CANCELED BY PIC 02-03

PIC 99-12

Procurement Information Circular


July 2, 1999

VETERANS EMPLOYMENT REPORTING

PURPOSE: To update the FAR deviation in PIC 99-5 to provide a second mechanism for determining, prior to the exercise of an option, whether a contractor has submitted the most recent required VETS-100 report.

BACKGROUND: Title 38, US Code, section 4212(d) requires Federal contractors to report on several aspects of their employment and hiring of certain veterans. The report, which is known as the VETS-100 report, is to be submitted each year. The statutory requirement is implemented in the Department of Labor regulations at 41 CFR 61-250. The requirement for contractors to submit an annual VETS-100 report is reflected in the clause at FAR 52.222-37. Section 1354 of Public law 105-339, which was enacted October 31, 1998, prohibits an agency from obligating or expending appropriated funds on a contract with a contractor that was required to submit a report under section 4212(d) for the preceding fiscal year if the contractor did not submit that report. The reporting requirement applies to contracts of $25,000 or more. (The $25,000 threshold was changed from $10,000 by the statute, and the outdated threshold in 52.222-37 will be revised accordingly by a separate FAR case.) The statute also requires the Department of Labor to make available in a database the list of contractors that have filed the VETS-100 report for the current reporting period. The Department of Labor has made available a database that may be queried via the internet to determine whether a contractor has submitted the most recent VETS-100 report. PIC 99-5 provided guidance implementing the prohibition of the obligation or expenditure of appropriated funds under a contract to a contractor that has not submitted the most recent required VETS-100 report. However, using the Department of Labor database was not a viable option at the time that PIC was issued.

GUIDANCE: As a result of Section 1354 of Public Law 105-339, contracting officers are required, prior to taking certain contract actions of $25,000 or more, to determine whether a contractor subject to the VETS-100 reporting requirement has submitted the most recent report. The covered actions are the award of a new contract, adding new work under a contract, or the exercise of an option. Enclosure 1 provides the FAR deviation to implement the statutory changes, while Enclosure 2 provides the solicitation provision to be used in new awards and the award of new work under a contract. The solicitation provision is to be included in full text.

For new awards or the addition of new work under a contract, the submission of an offer represents that the offeror has submitted the most recent required VETS-100 report. No award or new work may be added unless the contractor has submitted the most recent required report.

In the case of the exercise of options, there is no offer submitted by the contractor; therefore, the contracting officer is to determine whether the most recent required report has been submitted by either querying the Department of Labor's VETS-100 database or by contacting the Department of Labor Office of Veterans Employment and Training, using the Internet address or the e-mail address found in 17.207(c)(5) (Enclosure 1). Please note the instructions for using the database and the disclaimer that, if compliance cannot first be verified through the database, the contracting officer must request e-mail verification. No option may be exercised unless the contractor has submitted the most recent required report.

CANCELLATION: This PIC supersedes PIC 99-5, dated February 1, 1999.

EFFECTIVE DATE: This PIC is effective as dated and is to remain in effect until canceled.

HEADQUARTERS CONTACT: Joe Le Cren, Code HK, (202) 358-0444, email: joseph.lecren@hq.nasa.gov.

 

Tom Luedtke
Associate Administrator for Procurement

Enclosures


Enclosure 1

Baseline is the current FAR through FAC 97-11. There are no changes to the FAR other than those provided below.

Subpart 17.2--Options

17.207 Exercise of options.

(Paragraph (c)(5) is added)

(c)(5) If the contractor has any contract containing the clause at FAR 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era, the contracting officer may exercise an option with a value exceeding $25,000 only after determining that the contractor has submitted the most recent report required by that clause (see 22.1304(b)). The contracting officer can determine whether the contractor has submitted the required report by-

(i) Querying the Department of Labor's VETS-100 database via the Internet at http://nvti.cudenver.edu/vets/vets100Search.htm using the validation code vets to proceed with the search in the database; or

(ii) Contacting the Department of Labor Office of Veterans Employment and training by e-mail at VETS100@dyncorp.com.

Subpart 22.13--Disabled Veterans and Veterans of the Vietnam Era

22.1304 Department of Labor notices and reports.

(Paragraph (c) added)

(c) For actions of $25,000 or more, a contracting officer shall not enter into a new contract or add new work under a contract with a contractor that is subject to the reporting requirements of paragraph (b) if the contractor has not submitted the most recent required report.


Enclosure 2

Baseline is the current FAR through FAC 97-11.

The following provision is to be included in full text in solicitations of $25,000 or more.

Compliance with Veterans' Employment Reporting Requirements
(February 1999)

By submission of its offer, the offeror represents that, if it is subject to the reporting requirements of 37 U.S.C. 4212(d) (i.e., the VETS-100 report required by Federal Acquisition Regulation clause 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era), it has submitted the most recent report required by 37 U.S.C. 4212(d).

(End of provision)