Federal Acquisition Regulations (FAR)

News & Analysis as of

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

What Federal Contractors with Employee Arbitration Agreements Need to Know Now

Portions of the “Fair Pay and Safe Workplaces” Executive Order (E.O. 13673), often referred to as the “Blacklisting” or “Bad Actors” Executive Order, will take effect on October 25, 2016, and federal contractor employers are...more

What You Need to Know About Fair Pay and Safe Workplaces Executive Order Implementation

The Federal Acquisition Regulation and related Department of Labor Guidance required to implement Executive Order 13673, Fair Pay and Safe Workplaces, were published on August 25, 2016 (Final Rule and Guidance). With over 200...more

Agencies Publish Strict New Labor Reporting Guidelines for Government Contractors

On August 25, 2016, the United States Department of Labor (“DOL”) and Federal Acquisition Regulatory (“FAR”) Councils published “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’” (“final rule”). See 81 Fed....more

[Webinar] A Tough Act to Follow: How to Comply with the Complex Trade Agreement Act - October 5th, 12:00pm CST

The Trade Agreements Act, the related Federal Acquisition Regulation clause, and the requirements they place on Government contractors create a complex area of Government procurement, and recently the Government has placed a...more

Weekly Update Newsletter - September 2016 #2

GSAR Construction Contract Administration - The GSA has issued a proposed rule to revise GSAR part 536, Construction and Architect-Engineer Contracts, and related parts, to maintain consistency with the FAR and to...more

Department of Labor Announces “Preassessment” Program For Government Contractors

Loyal readers of this blog are well aware of the Fair Pay and Safe Workplaces Executive Order and corresponding regulations which go into effect next month. Those looking to learn more about the topic can access our recent...more

ASBCA Questions Consideration of Materiality in Certain Cost Accounting Change Cases

The Armed Services Board of Contract Appeals (ASBCA or the Board) recently released a decision addressing the final issue of materiality in the long saga of the Raytheon accounting change case. ASBCA No. 58068, August 9,...more

The Tip of the Iceberg: Final NARA rule signals likely expansion of contractors’ obligations to safeguard controlled unclassified...

The US National Archives and Records Administration (NARA), on Wednesday, September 14, issued a final rule regarding Controlled Unclassified Information (CUI). See Controlled Unclassified Information, 81 Fed. Reg. 63,324...more

Election Season Highlights Contractor Contribution Prohibitions

As this 2016 election season swings into its final months, federal government contractors should continue to be aware of the laws and regulations regarding political contributions. The Federal Election Campaign Act...more

Final Regulations Confirm Major Changes are in Store for Organizations Bidding on and Performing Large Federal Contracts

Late last month, the U.S. Department of Labor (“DOL”) and the Federal Acquisition Regulator Council issued their long-awaited final rules (“Rules”) and guidance (“Guidance”) regarding Executive Order 13673-Fair Pay and Safe...more

Federal Contractors and Subcontractors Subject to yet More Mandatory Disclosure Requirements

New FAR Rules and U.S. Department of Labor Guidance Implement the Long-Anticipated (and Much-Dreaded) Fair Pay and Safe Workplaces Executive Order - Burdensome disclosure obligations, pay transparency, and other...more

Will Your Arbitration Program Survive the Contractor Blacklisting Regulations?

The arbitration restrictions contained in Executive Order 13673, Fair Pay and Safe Workplaces (EO 13673), have been largely overshadowed by other parts of the so-called “contractor blacklisting” rules. Nonetheless, for those...more

Under Construction - September 2016

Letter from the Editor - Welcome to the Fall 2016 edition of our Under Construction newsletter. We hope your summer has left you relaxed and refreshed to successfully finish out the remainder of the year. Most...more

How Government Contractors Can Prepare for "Fair Pay and Safe Workplaces"

On August 25, 2016, the Federal Acquisition Regulatory Council and the U.S. Department of Labor published the Final Rule and its associated Guidance implementing President Barack Obama's "Fair Pay and Safe Workplaces"...more

Agencies Publish Strict New Reporting Guidelines for Government Contractors

On August 25, 2016, the United States Department of Labor (“DOL”) and Federal Acquisition Regulatory (“FAR”) Council published “Guidance for Executive Order 13673, ‘Fair Pay and Safe Workplaces’” (“final rule”). Also...more

Department of Labor and the Federal Acquisition Regulatory Council Issue Final Guidance and Rule Implementing Fair Pay and Safe...

On August 24, 2016, the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council (FAR) issued a Final Guidance and a Final Rule, respectively, implementing the Fair Pay and Safe Workplaces Executive...more

Federal Contractors — Final Rule and Guidelines Issued for Controversial Fair Pay and Safe Workplaces Order

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council issued its long-anticipated final rule implementing the Fair Pay and Safe Workplaces Executive Order (Executive Order), along with accompanying guidelines...more

Workplace Policy Institute Insider Report — September 2016

The September edition of Littler's Workplace Policy Institute Insider Report examines what federal agencies were up to while Congress was out of session, and discusses state and local laws that advanced in the weeks leading...more

“Fair Pay and Safe Work Places” Rule Issued – Federal Contractors Beware!

On August 25, 2016, the federal government published sweeping new rules requiring contractors bidding on federal contracts to submit detailed information about their labor and employment violations as part of the bidding...more

Final Rule for Fair Pay and Safe Workplace: Scant Relief for Federal Contractors

The final rule makes agency allegations of employment law violations reportable events that could result in denied federal contracts or terminated existing contracts. On August 25, the Federal Acquisition Regulatory...more

Taking a Closer Look at the New Federal Contractor "Blacklisting" Obligations

On August 25, 2016, the Federal Acquisition Regulatory (FAR) Council published in the Federal Register its highly anticipated Final Rule regarding the so-called "blacklisting" procedures for federal contractors President...more

USDOL's "Willful" Misdefinition

The U.S. Labor Department has now issued its final "Guidance" concerning President Obama's July 2014 "Fair Pay and Safe Workplaces" Executive Order. Our recent Labor Alert summarizes this lengthy Guidance, which among other...more

I-Spy in the Sky. Feds Enact Drone Regulations

This week, the Federal Aviation Administration (“FAA”) enacted regulations for routine non-recreational use of small Unmanned Aircraft Systems weighing less than 55 pounds or “drone” laws (Part 7 of Federal Aviation...more

Fair Pay And Safe Workplaces In A Nutshell

On August 25, 2016, the FAR Council and the Department of Labor issued their Final Rule and Final Guidance on the Fair Pay and Safe Workplaces Executive Order....more

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