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EEO-1 Survey

Due to the recent partial lapse in appropriations, the opening of the EEO-1 has been postponed until early March 2019. The deadline to submit EEO-1 data will be extended to May 31, 2019. Details and instructions for the 2018 EEO-1 Report filers will be forthcoming. Please continue to visit the EEO-1 website in the coming weeks for schedule updates.

For general inquiries, or if you have an EEO-1 company contact update, please send an email to If your company has experienced any mergers or acquisitions between January 2018 and December 31, 2018, please email Any spinoff related emails should be sent to E1.SPINOFFS@EEOC.GOV.

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Contractor Business Systems: DOD Needs Better Information to Monitor and Assess Review Process GAO-19-212

The Department of Defense uses data from contractors’ business systems—e.g., accounting or purchasing systems—to guard against fraud, waste, and abuse in DOD contracts. For example, reviewing data from a contractor’s accounting system can help keep the contractor from overcharging.

DOD must review contractors’ business systems to ensure that the data from them can be used. We’ve previously found that it was years behind on some of these reviews.

DOD has an ambitious plan to catch up on these reviews in 3 years, but has no way to measure its progress. We recommended that DOD monitor and assess whether it’s completing these reviews as planned.

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Certifications and Representation Improvements in SAM

The System for Award Management (SAM) exists to help individuals and businesses (entities) do business with the federal government. For entities seeking financial assistance (grants) or to submit a contract proposal, you must register on SAM first.  Recently, the registration process in SAM has changed to decrease the burden for registrants applying for financial assistance and federal agencies.


On February 2, 2019, the System for Award Management (SAM) is implementing a new process that allows financial assistance registrants to submit common federal government-wide certifications and representations. The procurement certifications and representations have not changed. Entities creating new registrations and existing entities completing their annual registration renewals will be required to review financial assistance certifications and representations before their registration can be activated. As entities renew and re-register their accounts, the data collected will make the federal repository for this information. By completing the certifications and representations in SAM, the grantee administrative processes will be significantly streamlined, making it easier to do business with the federal government. This change is in accordance with the September 5, 2018, Office of Management and Budget (OMB) memorandum M-18-24, “Strategies to Reduce Grant Recipient Reporting Burden.”

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The Limitations on Subcontracting Rule: DOD Makes Immediate Change; FAR Council Issues Proposed Rule

The Department of Defense (DOD) has issued a class deviation that resolves the inconsistency between the Small Business Administration (SBA) regulations and the clause at Federal Acquisition Regulation (FAR) 52.219-14 related to the Limitations on Subcontracting Rule (LOSR). The FAR Council has also issued a proposed rule to amend FAR 52.219-14 to fully resolve this issue for all small businesses. Government contractors should be aware of these new changes and proposed changes, and should also know that they can make public comments on the FAR Council’s proposed rule on or before February 4, 2019.

Generally, the LOSR prevents small business prime contractors from subcontracting the majority of the work under a prime contract to large businesses. The LOSR is intended to ensure that small businesses get the benefit of the set-aside prime contract. The government does not want a small business to get an award, perform only a small portion of the work, and then subcontract out everything else to large businesses.

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Trumps signs new order extending Buy American to construction loans, grants

The Trump administration is pushing agencies to apply stricter “Buy American” requirements to more than $45 billion in spending for infrastructure and construction projects.

President Donald Trump signed an executive order today strongly encouraging agencies to promote and endorse prime and subcontractors who receive loans, grants and other federal financial assistance to use American-made steel, iron, aluminum, concrete and other building and manufactured materials.

Peter Navarro, the assistant to the President and director of Trade and Industrial Policy at the White House, said in a briefing with reporters Thursday the executive order builds on the one the president signed in April 2017. That almost two year-old order required agencies to review their procurement rules and get rid of any loopholes that would give foreign products an advantage over American ones.

“What we’ve seen interestingly is an increase of $24 billion in spending on American made products,” Navarro said. “U.S. government spending on foreign goods has reached its lowest point in 10 years.”

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