Governing by decree using executive orders is a terrible way of regulating government procurement. Both political parties should call a truce, and stop issuing procurement related executive orders.
Read MorePresident Trump’s DEI Executive Order is an attempt to turn the ship of state on a dime with respect to anti-discrimination and diversity policies. Among other things, the order will require contractors and grantees to certify they don’t operate programs promoting DEI. The consequence of being wrong? — potential False Claims Act liability.
Read MoreIf they can dismember and close the entire foreign aid program in this manner, then government contractors have every reason to be fearful of what comes next for DOGE.
Read MoreThe Government Accountability Office recently denied the protest of an offeror that had failed to submit a binding Project Labor Agreement. This decision teaches an important lesson: if a solicitation requires an offeror to submit something, a bare promise to do so in the future won’t suffice.
Read MoreDOL has issued a new payroll reporting form for government construction contractors performing Davis-Bacon work for recordkeeping purposes and is forcing them to certify their fringe benefits and wage deductions weekly. Employers who mess up the new weekly fringe benefit and wage deduction reporting thus can be subject to heavy sanctions -- including allegations they submitted false payrolls and/or failed to report improper wage deductions.
Read MoreA pair of bid protest decisions found offerors ineligible for award because their SAM registrations briefly lapsed while their proposals were being evaluated. A recently published interim rule will excuse such foot faults. That said, contractors should always remember that their SAM registrations are part of each proposal they submit and should be well cared for.
Read MoreUnder the Davis-Bacon Act (“DBA”), the possible right of both the prime and the subcontractor to a price adjustment, if any, occurs upon the start of option year, extension, or new phase of a construction project and is governed by the terms of their contract and subcontract. Here is some friendly guidance — read your contract carefully, especially before you bid.
Read MorePresident Biden has issued an Executive Order closing federal agencies in honor of President Carter. Existing policies make it clear that federal employees will, for the most part, receive paid leave. However, federal contractors must exercise their judgment about furnishing leave.
Read MoreOne place for the Department of Government Efficiency to propose a reform is the overly restrictive commercial exemption to the Service Contract Act.
Read MoreThe looming ban on TikTok will be front and center before the Supreme Court next month. But the Court’s decision about whether the ban is constitutional won’t change a thing for federal contractors. So – enjoy the debate over TikTok, but don’t rethink your compliance practices.
Read MoreWith the advent of a second Donald Trump administration, I had expected significant policy and enforcement changes at the Department of Labor. However, the President’s selection of Lori Chavez-DeRemer suggests changes will be course corrections, not u-turns.
Read MoreTier 1 help desk work is generally considered to be nonexempt activity and covered by both the Fair Labor Standards Act (“FLSA”) and (where a federal government service contract is involved) by the Service Contract Act (“SCA”).
Read MoreA Texas federal court rejected the Department of Labor’s recent increase to the salary threshold applicable to FLSA white-collar exemptions. That’s good news for employers because it will expand the numbers of workers exempt from the FLSA’s overtime and minimum wage requirements. But is this decision a worthy judicial foray into a political decision?
Read MoreThe SCA is a complex law. But here are some basic rules and issues you need to comply with.
Read MoreThere is an answer on how to conform a wage rate for team leaders under the Service Contract Act. You just how to know where to look. DOL suggests you pay them 110% of the journeyman rate.
Read MoreThe US Department of Labor (“DOL”) announced actions it is taking to combat what it calls “coercive ‘fine print’ provisions” in employment agreements. One such action led to an injunction that barred a company from using its employment agreement to shift the cost of a wage and hour suit onto the very truck drivers who brought the claim. So, be advised—DOL is reading your fine print.
Read MoreA service contractor loses a pension tail liability claim, which with a little planning and a small change to their collective bargaining agreement ("CBA") may have been avoidable.
Read MoreThe US Department of Labor has issued its announcement of federal contractor minimum wage rates for 2025. For most nonexempt federal contractor employees, the new rate will be $17.75 per hour. However, contractors must review their wage rates across the board to make sure they're in compliance with the multiple minimum wage rates that could apply.
Read MoreThe Government Accountability Office ("GAO") whiffed in its recent decision in the Maximus Federal Services bid protest. The contractual Labor Harmony Agreement ("LHA") clause violates the FAR neutrality mandates, and a long line of previous decisions says GAO could have stepped up and curbed this excess. It was a missed opportunity for GAO to do the right thing.
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