Weekly Update Newsletter - April 2016 #2

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DEPARTMENT OF LABOR

Procedures for Handling Retaliation Complaints

This rule establishes the final procedures and time frames for the handling of retaliation or whistleblower complaints under FDA Food Safety Modernization Act (FSMA), including procedures and time frames for employee complaints to the Occupational Safety and Health Administration, investigations by OSHA, appeals of OSHA determinations to an administrative law judge (ALJ) for a hearing de novo, hearings by ALJs, review of ALJ decisions by the Administrative Review Board (ARB) (acting on behalf of the Secretary of Labor), and judicial review of the secretary's final decision, 81 Fed. Reg. 22530. This final rule became effective on April 18, 2016.

GOVERNMENT CONTRACTS

GAO Proposes Rule to Create New Electronic Filing System and Fee

The Government Accountability Office (GAO) is proposing to amend its Bid Protest Regulations, to implement the requirements in Sec. 1501 of the Consolidated Appropriations Act for Fiscal Year 2014, in accordance with the Competition in Contracting Act of 1984, and to make administrative changes to reflect current practice and to streamline the bid protest process. The proposed amendments implement the legislation’s direction to establish, and operate, an electronic filing and document dissemination system for the filing of bid protests with GAO and to implement a bid protest filing fee, to be paid when a protester initiates a protest action, 81 Fed. Reg. 22197. Comments are due by May 16, 2016.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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