Department of the Interior Acquisition Policy Release (DIAPR) 1999-3

SUBJECT: Changes in Federal Contractor Veterans' Employment (Vets-100) Reporting and Solicitation Requirements

1. Purpose:

The purpose of this DIAPR is to advise contracting officers of recent statutory changes related to VETS-100 reporting requirements and to recommend interim changes to solicitation procedures based upon the passage of the Veterans Employment opportinities Act of 1998, Public Law 105-339, enacted October 31, 1998.

2. Effective Date:

December 18, 1998

3. Expiration Date:

This guidance will remain in effect until a final rule amending the Federal Acquisition Regulation (FAR) to incorporate the referenced changes is issued.

4. Background and Explanation:

FAR Subpart 22.13 and the clause at FAR 52.222-37 require fovernment contractors and their subcontractors (.e., recipients of contract awards with values greater than $10,000) to complete and submit Contractor Veterans' Employment Reports, otherwise known as VETS-100 Reports, to the U.S. Department of Labor (DOL) on an annual bases.

With the enactment of the Veterans Employment Opportunities Act of 1998 (Public Law 105-339), the following changes and enforcement mechanisms were applied to this requirement:

A. The threshold of covered contractors and subcontractors has been increased from $10,000 to $25,000;

B. The DOL is to make available in a database a listing of contractors that have filed the VETS-100 report for the current reporting period; and

C. As stated in section 1354 of Public Law 105-339, no agency may award contracts with appropriated funds to contractors from which a VETS-100 report was required during the preceding fiscal year but who did not submit the required report. A contract may be awarded once the required reports are filed.

5. Action Required:

A. Pending modification of the FAR and established of the mandated DOL database, the Chairman of the Civilian Agency Acquisition Council recommends that civilian agencies include a solicitation provision substantially the same as the following in all solicitations ocer $25,000 using appropriated funds:

COMPLIANCE WITH VETERANS EMPLOYMENT REPORTING REQUIREMENTS

(a) The Offeror represents that, if it is subject to the reporting requirements of 38 U.S.C. 4212(d) (i.e., the VETS-100 report required by the Federal Acquisition Regulation clause 52.222-37, Employment Reports on Disabled Veterans and Veterans of the Vietnam Era), it has [], has not [] submitted the most recent report required by 38. U.S.C. 2414(d).

(b) An Offeror who checks "has not" may not be awarded a contract until the required reports are filed. (31 U.S.C. 1354)

(End of Provision)

B. Civilian agencies are also advised that options which would bring the value of an existing contract that already contains the clause at FAR 52.222-37 to exceed the new $25,000 statutory threshold should not be exercissed until the contracting officer has determined that the contractor has submitted the most recent report required by the above referenced provision.

DOI contracting officers shall immediately follow the above referenced procedures until they are formalized in the FAR. A copy of Civilian Agency Acquisition Council Letter 98-6, dated December 18, 1998, regarding this subject is attached for your information. If you have any questions, please contact Patricia Corrigan of this office at (202) 208-1906 or by e-mail at Pat_Corrigan@ios.doi.gov.

Debra E. Sonderman, Director Office of Acquisition and Property Management