The United States General Services Administration (“GSA”) has launched a “Revolutionary FAR Overhaul” webpage, at https://www.acquisition.gov/far-overhaul (the “FAR Overhaul”), to provide guidance as federal agencies...more
On April 14, 2025, the United States Department of the Interior announced a series of Tribal Consultations. The purpose of the consultations is to address the new administration’s goal of “working to enhance government...more
On April 15, President Trump issued two new executive orders that will have a direct impact on federal contractors:
- Restoring Common Sense To Federal Procurement directs federal agencies to eliminate from the FAR any...more
4/17/2025
/ Contract Terms ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Government Agencies ,
OMB ,
Popular ,
Regulatory Reform ,
Regulatory Requirements ,
Small Business ,
Trump Administration
The deadline to submit comments in response to the OMB’s solicitation is May 12, 2025.
On April 11 the Office of Management and Budget published a request that interested parties “identify rules to be rescinded and provide...more
4/15/2025
/ Deadlines ,
Deregulation ,
Executive Orders ,
Filing Deadlines ,
Government Agencies ,
OMB ,
Public Comment ,
Regulatory Agencies ,
Regulatory Reform ,
Rulemaking Process ,
Trump Administration
The U.S. Equal Employment Opportunity Commission (EEOC) recently published guidance to clarify what it regards as “discriminatory” DEI programs. The EEOC’s guide for employees is titled “What To Do If You Experience...more
On March 14, President Trump issued a new Executive Order titled “Additional Rescissions of Harmful Executive Orders and Actions.” In this order, the President rescinded eighteen prior Executive Orders or presidential...more
On February 21, Judge Adam B. Abelson of the United States District Court for the District of Maryland issued a preliminary injunction that temporarily bars the Trump administration from implementing major portions of two...more
3/4/2025
/ Civil Rights Act ,
Diversity ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
False Claims Act (FCA) ,
Federal Contractors ,
Free Speech ,
Maryland ,
Popular ,
Preliminary Injunctions ,
State and Local Government ,
Trump Administration
On January 31, the Trump Administration issued Executive Order 14912, titled “Unleashing Prosperity Through Deregulation” (the “Regulatory EO”), the purpose of which is to “promote prudent financial management and alleviate...more
Though much is still unclear about the precise impact of recent executive orders, statements from the EEOC and guidance issued by sixteen state attorneys general provide a sense of how states and federal agencies are...more
2/18/2025
/ Affirmative Action ,
Anti-Discrimination Policies ,
Civil Rights Act ,
Compliance ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Equal Employment Opportunity Commission (EEOC) ,
Executive Orders ,
Federal Contractors ,
State Attorneys General ,
Trump Administration
The plaintiffs and the federal government seek a 90-day stay in Mid-America Milling Company v. United States Department of Transportation, Case No. 3:23-cv-00072, “to permit [the federal government] the opportunity to...more
On February 4, in Texas v. President Trump & Department of Labor, a Fifth Circuit panel reversed a permanent injunction issued by the U.S. District Court for the Southern District of Texas. The injunction prohibited the...more
2/7/2025
/ Administrative Procedure Act ,
Appeals ,
Biden Administration ,
Constitutional Challenges ,
Department of Labor (DOL) ,
Executive Orders ,
Federal Contractors ,
Federal Property and Administrative Services Act (FPASA) ,
Injunctions ,
Minimum Wage ,
SCOTUS ,
Texas ,
Trump Administration ,
Wage and Hour
On the President’s first day in office, January 20, the White House released Executive Order 14153, titled “Unleashing Alaska’s Extraordinary Resource Potential” (the “Alaska EO”). The Alaska EO states that:
The State of...more
2/7/2025
/ Alaska ,
Alaska Native Claims Settlement Act (ANCSA) ,
Bureau of Land Management ,
Department of the Interior ,
Energy Sector ,
Environmental Policies ,
Executive Orders ,
Mineral Leases ,
Mining ,
Oil & Gas ,
Public Land ,
Regulatory Reform ,
Trump Administration
On January 20, President Trump issued an executive order titled “Unleashing Alaska’s Extraordinary Resource Potential” (the “Alaska EO”). The order reverses decisions by the Biden administration to limit energy resource...more
1/31/2025
/ Alaska Native Claims Settlement Act (ANCSA) ,
Biden Administration ,
Department of the Interior ,
Energy Policy ,
Executive Orders ,
Natural Gas ,
Natural Resources ,
Oil & Gas ,
Regulatory Reform ,
Tribal Lands ,
Trump Administration
Last week, six organizations who represent Disadvantaged Business Enterprises moved to intervene in Mid-America Milling Company, LLC, et al. v. United States Department of Transportation, Case No. 3:23-cv-0072-GFVT-EBA. In...more
On January 20, President Donald Trump issued an executive order titled “Ending Radical and Wasteful Government DEI Programs and Preferencing.”
The order states that it ends “all discriminatory and illegal preferences,...more
1/29/2025
/ 8(a) Program ,
Affirmative Action ,
Alaska ,
DBE Program ,
Diversity and Inclusion Standards (D&I) ,
Employment Discrimination ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
OFCCP ,
Rule of Two ,
SBA ,
Small Business ,
Subcontracts ,
Tribal Corporations ,
Trump Administration
On January 21, 2025, the Court of Federal Claims issued an order that, in effect, invalidates President Joe Biden’s February 4, 2022 Executive Order (14063) and 48 C.F.R. Subpart 22.5, Use of Project Labor Agreements for...more
1/22/2025
/ Administrative Procedure Act ,
Bid Protests ,
Biden Administration ,
CICA ,
Competition ,
Construction Industry ,
Contract Terms ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Project Labor Agreements ,
State and Local Government
January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more
1/15/2024
/ Biden Administration ,
Collective Bargaining Agreements (CBA) ,
Commercial Litigation ,
Construction Industry ,
Construction Project ,
Construction Workers ,
Contractors ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Final Rules ,
Motion To Enjoin ,
Procurement Guidelines ,
Project Labor Agreements ,
Regulatory Mandates ,
Subcontractors
On December 14, the Department of Labor issued its final rule implementing Executive Order 14055, entitled “Nondisplacement of Qualified Workers Under Service Contracts.” The executive order and rule seek to enhance...more
12/19/2023
/ Contract Disputes Act ,
Contractors ,
Department of Labor (DOL) ,
Employee Retention ,
Enforcement ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Final Rules ,
Right of First Refusal ,
Service Contract Act ,
Service Contracts
Effective January 1, 2024, the minimum wage for workers who perform work on or in connection with federal contracts will increase from $16.20 per hour to $17.20 per hour. This will apply to most federal contracts entered into...more
10/11/2023
/ Biden Administration ,
Davis-Bacon Act ,
Department of Labor (DOL) ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Fair Labor Standards Act (FLSA) ,
Federal Contractors ,
Inflation Adjustments ,
Labor Reform ,
Labor Regulations ,
Minimum Wage ,
Wage and Hour
In the past several months, various challenges have been made to federal programs and policies including tribal gaming support, the Small Business Administration (SBA) 8(a) program, the Minority Business Development Program...more
8/3/2023
/ 8(a) Program ,
Biden Administration ,
Executive Orders ,
Federal Contractors ,
Indian Gaming ,
Mentor-Protege Program ,
Minimum Wage ,
Minority-Owned Businesses ,
SBA ,
Small Business ,
Tribal Governments
On January 25, 2021, President Biden issued Executive Order 14005 (the “Executive Order on Ensuring the Future Is Made in All of America by All of America’s Workers”), which modified the Buy American Act (BAA) to require the...more
On January 19, 2023, the Federal Trade Commission (FTC) published its proposed rule barring most non-compete agreements that would apply to employees. We previously summarized the proposed rule here....more
In 2021, President Biden issued Executive Order 14026 to increase the minimum wage for federal government contractors to $15 per hour. On November 23, 2021, the Department of Labor (DOL) issued its final rule implementing...more
On July 9, 2021, President Biden signed an Executive Order requesting that agencies, including the Federal Trade Commission (FTC), issue rules banning employers from entering non-compete agreements with employees. Following...more
1/9/2023
/ Biden Administration ,
Contract Terms ,
Employees ,
Employer Liability Issues ,
Executive Orders ,
Federal Trade Commission (FTC) ,
Independent Contractors ,
Non-Compete Agreements ,
Popular ,
Proposed Regulation ,
Proposed Rules ,
Wage and Hour
On May 20, 2021, President Biden issued Executive Order 14030, Climate-Related Financial Risk, which directed the implementation of policies that would “advance consistent, clear, intelligible, comparable, and accurate...more