Talking about FAR 52.222-26 and EO 11246: What Government Contracts Attorneys Need to Know about Bias

Craig E. Leen serves as the Director of the Office of Federal Contract Compliance Programs (OFCCP) at the U.S. Department of Labor, after previously serving as Deputy Director and Senior Advisor. He leads a staff of professionals around the country who are dedicated to protecting workers, promoting diversity, and enforcing the law.

OFCCP administers and enforces three equal employment opportunity laws: Executive Order 11246, as amended; Section 503 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 793; and the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212. Collectively, these laws make it illegal for contractors and subcontractors doing business with the federal government to discriminate in employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, disability or status as a protected veteran. In addition, contractors and subcontractors are prohibited from discriminating against applicants or employees because they inquire about, discuss, or disclose their compensation or that of others, subject to certain limitations.

Prior to serving at OFCCP, Mr. Leen was the City Attorney of Coral Gables, Florida, where he was the general counsel and chief legal officer. In that role, he practiced in the areas of constitutional law and civil rights, labor and employment, land use and zoning, ethics, procurement, real estate, construction, code enforcement, and appellate law, including his work on a comprehensive inclusion program for individuals with disabilities in all aspects of government services and employment. Before serving as City Attorney, Mr. Leen was the Chief of the Appeals Section and then the Chief of the Federal Litigation Section at the Miami-Dade County Attorney’s Office. In these roles, Mr. Leen litigated and provided counsel in numerous legal areas, including on many civil rights matters. Mr. Leen has also worked at several international law firms, and served as a law clerk to the Honorable Robert E. Keeton, United States District Judge, District of Massachusetts. Mr. Leen is also admitted to practice law in Florida, Massachusetts, New York, and the District of Columbia, and is board certified (inactive) by the Florida Bar in City, County & Local Government law.

Mr. Leen has taught courses in various legal subjects on the adjunct faculties at The George Washington Law School, Florida International University College of Law, and the University of Miami School of Law. He also serves as Vice Chair of the Florida Rules of Judicial Administration Committee and previously served as Vice Chair of the Florida Appellate Court Rules Committee.

Mr. Leen also previously served on the constituency board for the University of Miami-Nova Southeastern University Center for Autism and Related Disabilities.

Mr. Leen received his Juris Doctorate from Columbia Law School, graduating as a Harlan Fiske Stone Scholar, and having served as a teaching fellow in both Contracts and Torts. Mr. Leen received his Bachelor of Arts, cum laude, from Georgetown University, where he majored in both Government and Economics.

Sean Lee is an Associate at Fortney Scott, LLC.

Alexis Robertson is the North America Manager of Diversity and Inclusion at Baker McKenzie. Alexis manages the implementation of the Firm’s various diversity-related programing, initiatives, and client reporting. Prior to joining Baker McKenzie, Alexis earned her J.D. from the University of Michigan Law School and spent over 7 years as a litigation attorney practicing at two top Chicago law firms. She also worked as a legal recruiter where she focused on placing diverse attorneys with law firms and corporations. Alexis is also on the board of the Oak Park Regional Housing Center and serves as a commissioner on the Oak Park Community Relations Commission.

Jayna advises companies, transportation authorities and other entities regarding their rights and obligations when doing business with the Federal Government. She works with her fellow attorneys and clients to help the clients recover money owed under Federal contracts, protest problematic contract awards and challenge adverse agency actions. In doing so, she represents them before agencies, the Government Accountability Office (GAO), Boards of Contract Appeals, the U.S. Court of Federal Claims, and the U.S. Court of Appeals for the Federal Circuit, as necessary.

She also counsels clients on contract- and grant-administration matters, including analyzing and negotiating subcontractor and subrecipient agreements, following small-business requirements and complying with domestic preference policies, such as the Buy American Act, the Trade Agreements Act, and the Cargo Preference Acts. Additionally, she counsels large and small Government contractors on complying with FAR 52.222-50, Combating Trafficking in Persons; her counsel in this area ranges from developing required employee notifications to disclosing violations of the Government's policy. Combining her work in both contract- and grant-administration matters, she also advises clients on developing and applying policies and procedures that meet 2 C.F.R. Part 200 (Uniform Grant Guidance) requirements.

Jayna uses some of her earliest legal experiences to work with clients in identifying and crafting practical, yet resourceful, points and arguments when controversies arise during contract award and administration. She credits her judicial internships at the U.S. Court of Appeals for the Federal Circuit and U.S. Court of Federal Claims, as well as her internships with the Department of Transportation and a Korean shipbuilder, as having heavily influenced her approach to resolving and litigating disagreements and disputes.

A former middle school teacher and current adjunct law school professor, Jayna has been praised by clients and peers for her ability to take complex legal issues and make them interesting and understandable to others, even non-attorneys.