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Arbitrary and Capricious Federal Contractors

Bass, Berry & Sims PLC

Bid Protest Minute: COFC Makes It Clear; SAM Registration Can Sink a Proposal

Bass, Berry & Sims PLC on

On September 10, the Court of Federal Claims (COFC) issued an opinion in Zolon PCS II, LLC v. United States, holding that the National Geospatial-Intelligence Agency (NGA or Agency) unreasonably issued a deviation from FAR...more

Morrison & Foerster LLP - Government...

September 2023 Bid Protest Roundup: Limits To Agency Discretion In Challenge To NAICS Code Assignments, Confines Of The...

This month’s Bid Protest Roundup focuses on a recent U.S. Court of Federal Claims decision involving the limitations of the government’s deference defense and a U.S. Government Accountability Office (GAO) that involved the...more

Fox Rothschild LLP

Challenging CPARS Performance Evaluations through the Contract Disputes Act

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This is the seventh of an eight-part series addressing cutting-edge strategies for Certified Claims under the Contract Disputes Act (CDA). Certified Claims are the primary avenue available to government contractors to...more

Dunlap Bennett & Ludwig PLLC

Prejudice Not Presumed Despite Arbitrary and Capricious Decision by Agency

In a recent decision by the U.S. Court of Appeals for the Federal Circuit (CAFC), System Studies & Simulation, Inc. v. U.S., No. 2021-1469 (Fed. Cir. Dec. 30, 2021), the CAFC issued an important decision holding that...more

Morrison & Foerster LLP - Government...

DECEMBER 2021 BID PROTEST ROUNDUP

This month’s Law360 Bid Protest Roundup focuses on two Government Accountability Office (GAO) decisions and one recent Federal Circuit decision. These decisions involve (1) the risks of using former government employees in...more

Fisher Phillips

Court Blocks Federal Contractor Vaccine Mandate in Kentucky, Ohio, And Tennessee

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As a result of a somewhat surprising ruling from a federal court judge in Kentucky Tuesday, the federal government is currently blocked from enforcing the vaccine mandate for federal contractors and subcontractors in all...more

Jackson Lewis P.C.

10 States Sue Centers for Medicare & Medicaid Over COVID-19 Vaccine Mandate for Healthcare Workers

Jackson Lewis P.C. on

A group of states has sued President Joe Biden and his administration challenging the Centers for Medicare and Medicaid Services’ (CMS) Interim Final Rule (IFR) setting COVID-19 vaccination requirements for a range of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Employment Flash - October 2020

This edition of Employment Flash summarizes key employment law issues, including the Department of Labor's proposal for determining independent contractor status, revised DOL regulations that clarify who qualifies for...more

Skadden, Arps, Slate, Meagher & Flom LLP

D.C. Circuit Upholds Federal Pay-to-Play Rule

On June 18, 2019, the U.S. Court of Appeals for the District of Columbia Circuit (the court) dismissed a challenge to Financial Industry Regulatory Authority (FINRA) pay-to-play Rule 2030 (the rule) brought by the New York...more

Fisher Phillips

Employers Get A Pay Data Reporting Reprieve – But For How Long?

Fisher Phillips on

Despite a recent court ruling resurrecting the requirement that employers turn over compensation information along with standard demographic figures, the EEOC this morning unveiled its 2019 EEO-1 reporting system that fails...more

Holland & Knight LLP

The End of the Line: Federal Circuit Dismisses the Veterans Contracting Group SDVOSB Appeal as Moot

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On Nov. 20, 2018, the U.S. Court of Appeals for the Federal Circuit seemingly ended the Veterans Contracting Group line of cases. As a refresher, in those cases, the contractor challenged the U.S. Small Business...more

Robinson+Cole Construction Law Zone

District Court Preliminarily Enjoins Majority of Department of Labor “Fair Pay and Safe Workplaces” Final Rule

On October 24, 2016, the U.S. District Court, Eastern District of Texas preliminarily enjoined the majority of the Department of Labor’s Final Rule implementing President Barack Obama’s Executive Order 13673 that imposed...more

Seyfarth Shaw LLP

OSHA Proposed Citations Covered by Texas Judge’s Grant of Preliminary Injunction to Government Contractors Challenging...

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Seyfarth Synopsis: The first of several anticipated challenges to Executive Order 13673, “Fair Pay and Safe Workplaces,” has resulted in a preliminary injunction staying the implementation of some – but not all – aspects of...more

Pillsbury Winthrop Shaw Pittman LLP

“Blacklisting” Executive Order Stayed by District Court Judge

On October 24th, 2016, United States District Judge Marcia A. Crone issued a preliminary injunction that suspends the implementation of certain portions of President Obama’s Executive Order 13673, called the Fair Pay and Safe...more

Bass, Berry & Sims PLC

Fair Pay and Safe Workplaces Not “Fair” to Contractors, According to Texas Judge

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On October 24, 2016, U.S. District Judge Marcia Crone granted a preliminary injunction to halt the implementation of the “Fair Pay and Safe Workplaces” Executive Order 13673 (EO 13673), implementing provisions of the Federal...more

Sherman & Howard L.L.C.

Benchslap for Blacklisting Rule

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Yesterday a federal court put a temporary hold on the Obama Administration’s so-called Blacklisting Rule. Associated Builders v. Rung. In a previous blog we described in detail the Administration’s Executive Order and...more

Bradley Arant Boult Cummings LLP

ABC Files Lawsuit Challenging “Blacklisting” Executive Order

As we recently reported, the Federal Acquisition Regulatory (FAR) Council has published a final rule, effective October 25, 2016, implementing the Fair Pay and Safe Workplaces Executive Order (also known as the “blacklisting”...more

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