Government Contracting Updates

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Congress Repeals New OSHA Injury and Illness Recordkeeping Rule - President Trump Blocks Fair Pay and Safe Work Places Executive...

Last week, the Senate approved a resolution killing a recordkeeping rule finalized by OSHA in December 2016, and this week, President Trump signed a congressional resolution invalidating the Fair Pay and Safe Workplaces...more

Contractor Blacklisting Rule Trump-smacked

Yesterday President Trump signed into law a resolution that officially kills the Obama-era “Blacklisting Rule.” The Rule promised to wreak havoc among federal contractors by requiring certain government contractors and...more

President Trump Revokes President Obama's "Blacklisting" Executive Order

On March 27, 2017, President Trump signed legislation, under the Congressional Review Act, blocking regulations and guidance governing Executive Order 13673, "Fair Pay and Safe Workplace," commonly called the "Blacklisting"...more

President Trump Repeals Contractor “Blacklisting” Rule

Former President Obama’s so-called “Blacklisting” rule was short-lived. On Monday, President Trump signed a joint resolution eliminating the rule, which had required bidders on federal projects with a value in excess of...more

Seventh Circuit Grants Interlocutory Appeal in Rx Discount Program Qui Tam Suit to Answer Several Important Questions

In United States ex rel. Garbe v. Kmart Co., 824 F.3d 632 (7th Cir. 2016), the Seventh Circuit granted interlocutory appeal following numerous motions for partial summary judgment to consider four questions: (1) whether the...more

Results from California’s First Community Solar RFO

The first round of procurement under California’s community solar program is nearly complete, and the early results suggest that no power purchase agreements (“PPAs”) will be awarded....more

President Trump Nails Coffin Shut on Federal Contractor “Blacklisting” Under Fair Pay and Safe Workplaces Rule

On March 27, 2017, President Trump signed a Congressional Review Act resolution, H.J. Res. 37, and issued his own Executive Order, which together nullified President Obama’s Fair Pay and Safe Workplaces Executive Order and...more

Fair Pay and Safe Workplaces: The fat lady has sung!

Game Over. Dunzo. Finito. Bye Felicia. These are things we can now officially say about the Fair Pay and Safe Workplaces Rule. On Monday, President Trump signed a Congressional joint resolution of disapproval into law,...more

ALJ Rules that OFCCP Exceeded its Authority in Demanding Certain Employee Compensation Data from Google

In January, the OFCCP filed an administrative complaint against Google for denying access to records in violation of applicable federal affirmative action laws and implementing regulations. The Administrative Law Judge (ALJ)...more

Trump Signs Legislation and Issues Order Ending Obama-Era Fair Pay and Safe Workplaces Executive Order

The nearly three-year journey of Executive Order 13673: Fair Pay and Safe Workplaces, which President Barack Obama signed in July 2014, is officially over. Federal contractors will not be required to report alleged labor...more

Finally! Government Contractor Blacklisting EO and Implementing Regulations Bite the Dust . . Perhaps Forever!

It's official. On March 27, 2017, President Trump signed the Congressional Review Act (CRA) resolution (H.J. Res. 37) invalidating the regulations that implemented President Obama’s Fair Pay and Safe Workplaces Executive...more

Construction E-Note - March 2017

In an article published on March 10, 2017 by Construction Executive, Meghan Cox provides guidance on how businesses can reduce the risks associated with violence in the workplace and how businesses should handle this violence...more

President Trump Revokes Government Contracting Executive Orders And Signs Disapproval Resolution of “Blacklisting” Regulations

Seyfarth Synopsis: Yesterday, President Trump issued an Executive Order revoking President Obama’s “Blacklisting” Executive Orders pertaining to the government contracting community. The President also signed the joint...more

Ding Dong the Regulation’s Dead! – Trump Finalizes Statutory Repeal of the Fair Pay and Safe Workplaces Rule

As we previously reported, Congress has taken its final steps in repealing Obama’s Fair Pay & Safe Workplaces rule, one of the most controversial rules enacted by the Federal Acquisition Regulatory (FAR) Council under...more

Blacklisting Rules Blocked By Trump’s Signature

Obama Administration’s Fair Pay And Safe Workplaces Rule Falls Victim To Congressional Disapproval Resolution Today, President Trump signed his approval to a joint resolution passed by Congress disapproving of Executive...more

Federal Contractors and Sub-contractors Win in Rollback of "Blacklisting" Rule

President Trump signed a Congressional Review Act resolution that rolled back the Fair Pay and Safe Workplaces Act, which would have required bidders for federal contracts to disclose their alleged labor and employment law...more

President Signs Resolution to Undo "Blacklisting" Rule

On March 27, 2017, President Trump signed a joint resolution of disapproval (H.J. Res. 37) to block the rule implementing Executive Order 13,673, Fair Pay and Safe Workplaces, otherwise known as the "blacklisting" rule. The...more

It’s Official: Blacklisting Executive Order Revoked

As anticipated, President Trump has put an end to Executive Order 13673 – Fair Pay & Safe Workplaces, also known as the “blacklisting” executive order. As expected, the President signed legislation disapproving of the...more

Allowability of Legal Costs

The next in our Infographics series walks through the allowability of costs for certain in-house legal services. It provides a quick guide to when a contractor’s legal costs may, and may not, be charged to the government....more

Weekly Update Newsletter - March 2017 #4

SMALL BUSINESS ADMINISTRATION - Small Business Investment Companies: Passive Business Expansion and Technical Clarifications - The delayed effective date for SBA’s final rule on Passive Business Expansion and...more

Escobar's Impact: Recent Application of "Materiality" in Ninth Circuit

Last year, a unanimous U.S. Supreme Court decided Universal Health Services, Inc. v. United States ex rel. Escobar (Escobar), 136 S.Ct. 1989 (2016), creating important implications for Federal False Claims Act (FCA) cases...more

Organizational Conflicts of Interest: An Issue That Requires Government Contractors To Be Proactive

In an effort to ensure there is no OCI or that your mitigation plan is effective and timely implemented, government contractors must be proactive when reviewing the agency’s needs in light of its mission, the solicitation,...more

CBCA Affirms It Cannot Direct an Agency to Revise a CPAR

The Civilian Board of Contract Appeals (CBCA) recently affirmed that it would follow the Court of Federal Claims (COFC) and Armed Services Board of Contract Appeals (ASBCA) in refusing to direct an agency to revise a Contract...more

DFARS: Safeguarding Covered Defense Information and Cyber Incident Reporting

Data protection and cybersecurity have been receiving ever-increasing attention within the U.S. federal government. Last October, the DoD issued two final rules that changed the U.S. Department of Defense (“DoD”) Federal...more

GAO Reports On Government Contracting Trends

On March 8, 2017, GAO issued a report on government contracting trends from fiscal year (“FY”) 2011 through FY 2015. FY 2015 was the latest year for which there was complete data available at the time of GAO’s review. Using...more

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