Federal Acquisition Regulations (FAR)

News & Analysis as of

Will These Mandates Really Result In "Fairer Pay And Safer Workplaces," Or Will They Just Increase Administrative Burdens For...

Despite a litany of reasons to delay implementation of the Fair Pay and Safe Workplaces Executive Order, the Federal Acquisition Regulatory Council and the U.S. Department of Labor have, respectively, issued their Final Rule...more

FAR and DOL Issue Final Rule and Guidance on “Blacklisting” Executive Order

Seyfarth Synopsis: The Final Rules and Guidance on Executive Order 13673, “Fair Pay and Safe Workplaces” (aka “Blacklisting” Order) have been released. Despite robust comments from the contractor community, the Final Rule...more

Compliance Conundrum -- Unauthorized Exports v. Discrimination: Find a Win in a Lose-Lose Scenario

Imagine your company has employed a research scientist to support your technology programs. The scientist is a citizen of the People’s Republic of China and holds an H-1B visa, but is not authorized to view certain...more

Final Fair Pay and Safe Workplaces rule still imposes substantial burdens on federal contractors

The Federal Acquisition Regulatory Council (FAR Council) and the US Department of Labor (DOL) simultaneously released, on August 24, a final rule and accompanying guidance implementing the Fair Pay and Safe Workplaces...more

New Rule Finalizes Small-Business Subcontracting Changes

Regulatory amendments related to small-business subcontracting will take effect on November 1, 2016. On July 14, the Federal Acquisition Regulatory Council issued a final rule in the Federal Register to implement...more

Weekly Update Newsletter - August 2016 #3

GOVERNMENT CONTRACTS - Fair Pay and Safe Workplaces - DOD, GSA, and NASA issued a final rule amending the FAR to implement Executive Order 13673, Fair Pay and Safe Workplaces, which is designed to increase efficiency...more

Final Rule Implementing Fair Pay and Safe Workplaces Executive Order Published

On August 25, 2016, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) collectively issued a Final Rule amending the Federal Acquisition Regulation...more

Government Releases Final Rule Implementing “Blacklisting” Law

The final rule and guidance implementing the Fair Pay and Safe Workplaces Executive Order, signed by President Barack Obama in July 2014 and finally published on August 25, 2016, remain almost as burdensome and problematic as...more

Final Fair Pay Rules Are Here: Contractors Face Complex Requirements and Challenges with New Reporting Obligations

The federal government released the final regulations implementing the Fair Pay and Safe Workplaces Executive Order (“EO” hereafter) this week. The regulatory package contains two parts: amendments to the Federal Acquisition...more

Administration Releases Final Blacklisting Regulations for Government Contractors

On August 24, 2016, the Obama administration published the Federal Acquisition Regulatory Council’s final rule and the Department of Labor’s (DOL’s) guidance implementing the July 31, 2014 “Fair Pay and Safe Workplaces”...more

A New Era in Government Contracting Labor Laws: How the Fair Pay and Safe Workplaces Final Rule and Guidance Requires Contractors...

On August 24, 2016, the Federal Acquisition Regulatory Council and the Department of Labor issued a long awaited final rule and guidance implementing the Fair Pay and Safe Workplaces Executive Order. Under the final rule,...more

Federal Contractors Must Report All Federal Labor Law Violations

Federal contractors and subcontractors soon will be required to report all federal “labor law violations” to the government, for review by contracting officers. Here’s what you need to know about this sweeping new...more

FAR Council and DOL Issue Final Rule Implementing Fair Pay & Safe Workplaces Executive Order

The Federal Acquisition Regulatory Council and the Department of Labor published a final rule, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting” Executive Order), on August 24,...more

SBA Final Rule on Mentor-Protégé Programs for All Small Businesses Becomes Effective

The Small Business Administration (SBA) issued a long-awaited final rule establishing a new, expanded mentor-protégé program that will allow all types of small businesses to qualify as protégés, while retaining, but slightly...more

Final Rule and Guidance on Fair Pay & Safe Workplaces Released

Today the Federal Acquisition Regulatory Council published its Final Rule and the U.S. Department of Labor issued its Final Guidance to implement President Obama’s Fair Pay and Safe Workplaces Executive Order. The new...more

DOL and FAR Council Publish Final ‘Fair Pay and Safe Workplaces’ Rules for Government Contractors

The U.S. Department of Labor and the Federal Acquisition Regulatory (“FAR”) Council have published the highly-anticipated final guidance and regulations implementing President Barack Obama’s “Fair Pay and Safe Workplaces”...more

Final Rule Issued Implementing Fair Pay and Safe Workplaces Executive Order

The Department of Defense, General Services Administration and National Aeronautics and Space Administration (the FAR Council) have issued for publication in today’s Federal Register, a final rule amending the Federal...more

Five Recent Developments In Small Business Contracting Small and Large Government Contractors Should Know

While acquisition reform has garnered a great deal of attention in Congress and the Federal Executive Branch, small business contracting statutes and implementing regulations are significantly altering the federal acquisition...more

White House Announces Release of Final Contractor Blacklisting Rules: Phased Implementation for Prime Contractors and...

The long wait for the so-called “contractor blacklisting” rules is over. According to a fact sheet released by the White House, final regulations and guidance will be released on August 24, 2016 and published in the Federal...more

BREAKING: FAR Council Publishes Final Rule On Fair Pay and Safe Workplaces (“Blacklisting”) Executive Order

Today, the Federal Acquisition Regulation Council (“FAR Council”) published the final rule regarding the Fair Pay and Safe Workplaces Executive Order (the “Order”), better known as the “blacklisting” rule.  ...more

Unique Ruling Regarding Joint CERCLA Liability and Government Contracting Law and Practices

Lockheed Martin Corporation, one of the largest defense contractors in the United States, operated three California facilities that manufactured solid-propellant rockets for the United States Department of Defense pursuant to...more

Comments on FAR Case 2015-015 Regarding the Federal Strategic Sourcing Initiative - FSSI

Dear Ms. Flowers: We are writing to submit comments on the above-referenced notice of proposed rulemaking, issued on June 20, 2016, 81 Fed. Reg. 39,883. Our firm represents small business federal contractors. We submit...more

Elevating Form Over Substance: OCI Waiver Challenges at GAO

The Government Accountability Office (GAO) has exhibited little interest in evaluating the basis for agency decisions to waive organizational conflicts of interest (OCI). Where protesters have challenged agency waiver...more

Discretion in Procurement: The GAO Finds for the Government

The Government Accountability Office (“GAO”) issued a decision that could be used by government agencies to support “all encompassing” RFPs, or RFPs that require one bidder to provide several products and services even if, in...more

Federal Claims Court Holds that Government’s Actual Knowledge of Contractor’s Delay and Acceleration Excuses Technical...

Nova Group/Tutor-Saliba v. United States, 125 Fed. Cl. 469 (Fed. Cl. Mar 16, 2016) - The United States Naval Facilities Engineering Command (the “Navy”) contracted with the joint venture of Nova Group and Tutor-Saliva...more

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