News & Analysis as of

Federal Acquisition Regulations (FAR)

AEIOU and Sometimes IDIQ – Indefinite Delivery/Indefinite Quantity Contract Use Remains Proportional.

As we previously discussed both on this blog and elsewhere, observational and indirect evidence told us that the use of Indefinite Delivery/Indefinite Quantity (“IDIQ”) contracts was expanding. As it turns out, from...more

Top labor and employment developments in 2017 for ADG companies

by Hogan Lovells on

U.S. presidential administrations historically have sought to use the federal procurement system, and specifically the regulations that apply to contractors and subcontractors, as a means to implement policies that would...more

Federal Contractors Beware - DHS Proposes Robust Cybersecurity Procurement Regulation to Safeguard Controlled Unclassified...

First and foremost, the proposed Department of Homeland Security (DHS) regulation to safeguard CUI is internally inconsistent or at the very least ambiguous. It appears to conflate the protection of CUI on a federal...more

What Every Contractor Should Know About Requests for Equitable Adjustment

by PilieroMazza PLLC on

Government contractors quickly learn to expect the unexpected. While working on a construction contract, a contractor may encounter undisclosed utility lines 15 feet underground. Or, an information technology support...more

Time to Review Internal Confidentiality Agreements

by Foley & Lardner LLP on

There’s not a whole lot of new ground to cover as to why an employer or contractor would want to implement confidentiality agreements. However, forcing them on workers is a whole different story....more

March 2017 Protest Roundup

Our March bid protest round-up brings you disparate treatment, undocumented agency rationales, the duty of candor to courts, the unusual timeliness rules for protests of Organizational Conflicts of Interest (OCIs), and (once...more

President Trump Kills Fair Pay and Safe Workplaces Federal Contractor Rule

President Trump signed legislation ending Obama-era federal rules requiring contractors to disclose federal labor law violations as part of the federal contracting process. The rules would have appointed a contracting officer...more

President Trump Repeals DOL “Blacklisting” Rule

by Foley Hoag LLP on

On March 27, 2017, President Trump signed a bill repealing the U.S. Department of Labor’s Fair Pay and Safe Workplaces regulation. The President’s action ends any uncertainty surrounding the status of the rule, dubbed the...more

Blacklisting Executive Order Blacklisted

President Obama and his EO’s - Remember the Blacklisting Order that required federal contractors to provide a rap sheet with a proposal? No? Well, President Obama issued 275 Executive Orders during his two terms on...more

President Trump Rescinds the Blacklisting Executive Order

On March 27, 2017, President Trump took the much-anticipated action of rescinding President Obama’s Fair Pay and Safe Workplaces Executive Order 13673 and its underlying regulations (the “Blacklisting Rules,” as it became...more

GSA IG Questions Pricing Evaluation of Professional Services Schedules

by Morgan Lewis on

GSA is reevaluating price reasonableness for all new consolidated PSS schedules, which may result in requests for price reductions or even post-award audits for some contractors....more

BREAKING: Blacklisting Rule Is Officially and Completely Dead

This week (March 27, 2017), President Trump signed into law a Congressional Joint Resolution of Disapproval (the Resolution”), revoking the rules implementing the controversial Fair Pay and Safe Workplaces Executive Order,...more

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

by Clark Hill PLC on

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

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

by Jackson Lewis P.C. on

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

Construction E-Note - March 2017

by Burr & Forman on

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

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

by Bass, Berry & Sims PLC on

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

It’s Official: Blacklisting Executive Order Revoked

by Jackson Lewis P.C. on

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

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

by Pepper Hamilton LLP on

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

OSC Stresses Need to Comply with Federal E-Verify Requirements Regardless of Potential State Conflicts

The U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) used a case involving the apparent conflict between federal E-Verify rules and a Missouri state law to...more

Are Your Federal Contractor Employees Required To Have Privacy Training?

The Federal Acquisition Regulations were recently updated to include a requirement that certain federal contractors provide privacy training to some of their employees. The training obligation does not apply to all employees...more

Congress Overturns Fair Pay Safe Workplaces: GOP Deregulation Continues

by PilieroMazza PLLC on

Government contractors concerned over the potential impact of President Obama’s 2014 Executive Order 13673 "Fair Pay and Safe Workplaces" (EO) can breathe a sigh of relief. On March 6, 2017, the US Senate narrowly approved...more

New Privacy Training Requirement for Certain Federal Government Contractor Employees

by Littler on

Federal government contractors are now required to provide annual privacy training for employees who (1) have access to a system of records, (2) handle personally identifiable information (PII), or (3) design, develop,...more

Fair Pay and Safe Work Places Goes to President Trump

March 6, 2017, by a vote of 49-48, the Senate passed a house joint resolution disapproving the final rule implementing Executive Order 13673, Fair Pay and Safe Workplaces. The House previously passed the resolution in...more

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