Federal Contractors

News & Analysis as of

U.S. Department of Labor Proposes Pay Transparency Rule for Employees of Federal Contractors

On September 17, 2014, the U.S. Department of Labor Office of Federal Contract Compliance Programs (OFCCP) published a Notice of Proposed Rulemaking in the Federal Register to implement Executive Order 13665, which was signed...more

Federal Contractors Beware – Part 5

On September 15, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released a proposed rule prohibiting federal contractors and subcontractors from discriminating against an employee or applicant who discusses,...more

OFCCP Proposes Rule Regarding Pay Transparency for Federal Contractors

On Monday, the Department of Labor’s Office of Federal Contractor Compliance Programs (“OFCCP”) issued a proposed rule that would bar federal contractors from firing or otherwise retaliating against employees or applicants...more

Pitfalls to Avoid: Common Mistakes in SDO Presentations

In my previous legal capacity as an Associate General Counsel working under a Department of Defense (DOD) Suspension and Debarment Official (SDO), I observed a vast spectrum of styles and approaches in SDO meetings where...more

OFCCP Announces Another Proposed Rule: No More Pay Secrecy!

The Office of Federal Contract Compliance Programs announced that it will publish its Notice of Proposed Rulemaking on "pay transparency" in tomorrow's Federal Register and provided a link to the pre-publication version on...more

OFCCP Announces Proposed Rule on Pay Transparency

The Office of Federal Contract Compliance Programs (OFCCP) has announced a proposed rule on pay transparency, to be published in the September 17, 2014 Federal Register. ...more

OFCCP Releases Proposed Rule Prohibiting Adverse Action Against Employees and Applicants Discussing Pay

On September 15, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) released its Notice of Proposed Rulemaking (“Proposed Rule”) implementing President Obama’s Executive Order 13665 (“EO 13665”) banning...more

Religious Exemptions for Employees

President Barack Obama recently signed an executive order that bans federal contractors from discriminating against the sexual orientation or gender identity of its employees. This order does not include a religious...more

Best Practices in Drafting U.S. Government Subcontract Terms and Conditions

Federal government subcontracts are a hybrid between commercial contracts governed by state law (such as, for the sale of goods, the Uniform Commercial Code) and government contracts governed by the Federal Acquisition...more

Medical Device Manufacturer Settles Trade Agreements Act Suit

A whistleblower alleged that the manufacturer knowingly violated the Trade Agreements Act’s country of origin requirement. Government contractors must agree that the products they sell to the U.S. government under...more

Fifth Commandment of Government Contractors: Thou shalt document thy actions

When Congress was contemplating the passage of the Federal Acquisition Streamlining Act of 1994 (FASA), and its companion statute, the Federal Acquisition Reform Act of 1995 (FARA), many pundits predicted that their enactment...more

The Importance of a Formal Document Retention Policy

As all of us are likely painfully aware, the volume of emails, correspondence and other documents that we generate and receive, whether we’re at home or at work, seem to grow at an ever-increasing rate. At home, we can often...more

The Hidden Regulatory and Licensing Consequences to a Conviction or Arrest

One such set of consequences is unique to contractors who do business with federal or state governments. Because even a plea to a criminal conviction represents a person’s affirmative statement of the underlying facts, that...more

OFCCP Notice of Proposed Extension of Record-Keeping Requirements for Construction Contractors

On September 2, 2014, the Office of Federal Contract Compliance Programs (OFCCP) published in the Federal Register a proposed renewal of the current record-keeping, notice, and reporting requirements imposed by Executive...more

Government Contracting, The False Claims Act and the Art of Voluntary Disclosures

With so many personal gadgets needing daily recharging, desktop hard drives running 24 hours a day, and DVRs recording movies that run while we’re asleep, do you wonder where all that electricity is coming from? The next big...more

An Active OFCCP Plans Even More Changes for Federal Contractors: Equal Pay Reporting and Additional Antidiscrimination Provisions

OFCCP PROPOSES RULE REQUIRING FEDERAL CONTRACTORS TO SUBMIT EQUAL PAY REPORT - The U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a news release on August 6, 2014 regarding a...more

2013 Federal Small Business Contracting Scores an A!

On August 1, 2014, the Small Business Administration (SBA) released the Small Business Procurement Scorecard for fiscal year 2013. The annual scorecard is an assessment tool that measures how well federal agencies reach their...more

False Claims Act Update: GSA Contractor Reasonably Relied Upon Distributor Certifications Of Product Origin And Trade Agreements...

The United States Court of Appeals for the District of Columbia Circuit recently upheld a District Court’s dismissal of a False Claims Act (FCA) complaint against a federal government contractor in a case that will be of...more

President, OFCCP Set New Employment Rules For Federal Contractors

While chastising Congress as “doing nothing,” the executive and administrative branches of the federal government were busy making new employment rules for federal contractors and subcontractors. This summer, President...more

Arizona Contractors Confront Cardinal Change

The Cardinal Change Doctrine - The “cardinal change doctrine” is a legal theory pursuant to which a contractor who is presented excessive, cumulative or otherwise material contract change orders has the right to...more

President's Executive Order Requires Prospective Federal Contractors To Disclose Violations Of Fourteen Federal Laws

An Executive Order (E.O.) signed by President Obama on July 31 requires prospective federal contractors to disclose to agencies violations of 14 federal laws: the Fair Labor Standards Act; the Occupational Safety and Health...more

OFCCP Proposes Burdensome New Compensation Data Reporting Forms for Federal Contractors

On August 6, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released a Notice of Proposed Rulemaking (NPRM) requiring federal contractors and subcontractors with 100 or more employees to submit an annual...more

The Government Contractor Defense

The government contractor defense is a potentially dispositive defense that can be raised by contractor-defendants in certain product liability cases. Understanding the basics of this defense, and in particular the...more

Fourth Commandment of Government Contractors: Thou shalt stay informed

Henry Ford once said, “Anyone who stops learning is old, whether he’s twenty or eighty.” Those words, spoken in the early 20th century, ring true today, and they certainly apply to people involved in Government contracting,...more

Breaching Bad: New Cyber Security Regs for Defense Contractors

Defense contractors with access to classified information will soon be required to quickly notify Defense Department (DOD) officials if the company’s computer network or information system is successfully penetrated in a...more

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