WHAT: The U.S. Department of Defense (DOD) issued a final rule that requires contracting officers to consider Supplier Performance Risk System (SPRS) risk assessments when evaluating contractors’ proposals and quotes and when...more
As Craig Smith and Gary Ward recently discussed in our latest Wiley Government Contracts podcast episode, “What to Expect in Government Contracts This Year,” Fiscal Year 2023 is shaping up to be an interesting year for GAO...more
Ask someone you know about the COVID-19 vaccination requirements for contractors, and you might get an, “Oh yeah, what happened to that?” Issued in early September 2021, Executive Order (EO) 14042, Ensuring Adequate COVID...more
3/1/2023
/ Biden Administration ,
Coronavirus/COVID-19 ,
Corporate Counsel ,
Employer Mandates ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
OMB ,
Vaccinations
WHAT: President Biden signed into law the Preventing Organizational Conflicts of Interest in Federal Acquisition Act, Pub L. No. 117-324, which mandates updates to the Federal Acquisition Regulation’s (FAR) provisions...more
Contractors often face disagreements with their agency customers during performance – maybe an unforeseeable delay, a cost spike, or some sort of change – that prompts action involving the contract terms. This action might be...more
WHAT: The U.S. Court of Appeals for the Eleventh Circuit affirmed, but narrowed, a nationwide injunction issued in December 2021 against the enforcement of COVID-19 vaccination requirements for federal contractors’ employees...more
WHAT: The U.S. Department of Labor’s Office of Federal Contract Compliance Programs announced that it has received a request under the Freedom of Information Act for all consolidated “Type 2” EEO-1 reports for federal...more
WHAT: The nondisplacement rule’s revival continues as the U.S. Department of Labor (DoL) has published its proposed rule to implement Executive Order (EO) 14055, Nondisplacement of Qualified Workers under Service Contracts....more
Activity in the government contracts industry has been heating up over the last year as the United States tackles the pressing issues of our rapidly changing world. In this episode, Wiley partners Kara Sacilotto, Tracye...more
What: On January 13, 2022, the U.S. Supreme Court blocked the Occupational Safety and Health Administration’s (OSHA) Emergency Temporary Standard (ETS), which required businesses with at least 100 employees to ensure their...more
1/14/2022
/ Centers for Medicare & Medicaid Services (CMS) ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
General Duty Clause ,
Healthcare Workers ,
Joe Biden ,
OSH Act ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Workplace Safety
WHAT: On December 17, 2021, the United States Court of Appeals for the Sixth Circuit dissolved the stay of the Occupational Health and Safety Administration’s Emergency Temporary Standard (OSHA and the ETS) previously ordered...more
12/21/2021
/ Centers for Disease Control and Prevention (CDC) ,
Centers for Medicare & Medicaid Services (CMS) ,
Coronavirus/COVID-19 ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Good Faith ,
Immunization Records ,
OSH Act ,
OSHA ,
SCOTUS ,
Vaccinations ,
Virus Testing ,
Whistleblowers
WHAT: On December 7, 2021, a Georgia federal court issued a nationwide preliminary injunction against the “vaccine mandate” for federal contractors (the central obligation under President Biden’s Executive Order [EO] 14042)....more
12/8/2021
/ Coronavirus/COVID-19 ,
Department of Defense (DOD) ,
DFARS ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Injunctions ,
Joe Biden ,
OMB ,
Vaccinations ,
Virus Testing
What: Just before Thanksgiving, the Government took two actions likely to affect many federal service and construction contractors’ pricing and staffing decisions. The Biden Administration issued Executive Order (EO) 14055 to...more
12/2/2021
/ Acquisitions ,
Department of Labor (DOL) ,
Employee Retention ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infrastructure Investment and Jobs Act (IIJA) ,
Joe Biden ,
Minimum Wage ,
Service Contract Act ,
Service Contracts
What: On November 30, 2021, a federal judge in Kentucky granted a preliminary injunction against the “vaccine mandate” for federal contractors (the central obligation under President Biden’s Executive Order 14042) as it...more
WHAT: On November 1, 2021, the Safer Federal Workforce Task Force further updated its frequently asked questions to address several issues concerning the scope of Executive Order (EO) 14042 and the timelines for covered...more
11/2/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Human Resources Professionals ,
OSHA ,
Vaccinations ,
Workplace Safety
WHAT: On October 21, 2021, the Safer Federal Workforce Task Force posted new Q-and-A guidance relevant to contractors covered by Executive Order (EO) 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors....more
WHAT: The Federal Acquisition Regulatory Council, Civilian Agency Acquisition Council, and several agencies have issued class deviations and related instructions for implementing Executive Order 14042, Ensuring Adequate COVID...more
10/7/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
DFARS ,
Emergency Management Plans ,
Employer Liability Issues ,
Employer Mandates ,
Essential Workers ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Infectious Diseases ,
Model Contract Clauses ,
Public Health Emergency ,
Vaccinations ,
Workplace Safety
WHAT: As required by Executive Order (EO) 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors—previously covered here—the Safer Federal Workforce Task Force issued guidance for federal contractors on...more
Earlier this week, the U.S. Department of Labor (DoL) announced the annual increase in the minimum wage for contractor employees required by Executive Order (EO) 13658. The new rate, $11.25, will take effect on January 1,...more
WHAT: The U.S. Department of Labor (DoL) published its proposed rule to implement Executive Order (EO) 14026, Increasing the Minimum Wage for Federal Contractors. EO 14026, covered in our prior alert, requires increasing the...more
In this podcast episode, Government Contracts partners Eric Leonard and Craig Smith cover issues that contractors need to be thinking about ahead of the minimum wage increase to $15 an hour for federal contractors, effective...more
WHAT: As anticipated, President Biden issued an executive order (EO) on Wednesday raising the minimum wage to $15 for many employees of federal contractors, effective January 30, 2022. All agencies will need to incorporate...more
The McNamara-O'Hara Service Contract Act of 1965 (SCA) (also known as the Service Contract Labor Standards) continues to present challenges to government contractors, including both new and experienced industry players. As...more
On January 20, 2021, the first day of the Biden Administration, the President took several executive actions that affect government contractors. The President is expected to sign an additional Executive Order (EO) today that...more
On January 6, 2021, the U.S. Department of Defense (DOD) issued a revised class deviation, superseding Class Deviation 2021-O0001, issued on November 20, 2020 that implemented Executive Order 13950, Combating Race and Sex...more