Employers furnishing Service Contract Act (“SCA”) compliant plans are advised to fully pay for the benefits, rather than require employees to contribute part of the expense. That applies to medical plans and 401K plans. This is more likely to assure that the workers can be compelled to take the benefit plans and cannot demand cash out of the bona fide benefits. You can’t compel SCA covered workers to contribute their own money to the benefit plan, and if you do try to do so, you provide an opportunity for workers to opt out and demand cash fringe benefits, which will cost the employer possible additional FICA, Medicare, FUTA, SUTA, and worker’s comp. payroll taxes.
Read MorePresident Trump signed an Executive Order entilled “Eliminating Waste and Saving Taxpayer Dollars by Consolidating Procurement” (“EO”). Issued on March 20, 2025, the EO’s main purpose is to transfer the purchasing of “common goods and services” from across the Government to the General Services Administration (“GSA”). Yeah, well, good luck with this.
Read MoreThe President’s Executive Orders directed against large law firms which he deems to be opponents is anti-democratic and despotic. I can’t keep silent. Here are my views on the subject.
Read MoreExecutive Orders that intimidate our clients or meddle with their choice of counsel will have zero impact on the putative risks posed by law firms the President doesn’t like. For our part, we will be honored to represent our clients before the Government with zeal and without fear.
Read MoreThe $17.75 Contractor Minimum Wage Executive Order is rescinded. But the Obama-era $13.30 Contractor Minimum Wage Executive Order remains in place. That creates some confusion. It is my opinion that the workers formerly covered by the $17.75 an hour minimum wage are now covered by the $13.30 minimum wage, or any higher wage required by the prevailing wage laws or state or local government minimum wages.
Read MoreGSA and DoD recently issued “Class Deviations” to implement President Trump’s Executive Order 14173 that repealed long-standing federal contract equal opportunity requirements. The deviations make significant changes to current and future solicitations and require the modification of existing contracts with more than six months remaining.
Read MoreSomething tells me we are about to get an explosion of termination disputes in our field of government contracts, and that the Boards of Contract Appeals and the Courts are going to have to sort out what is fair in the way of termination costs. So don’t believe the DOGE figures on cost savings. They haven’t any idea how much the termination of government contracts for convenience is going to cost them.
Read MorePresident Biden issued an Executive Order mandating the use of Project Labor Agreements for construction projects costing in excess of $35 million. A recent court decision and newly issued class deviations that waive the PLA requirement have put his EO on life support.
Read MoreGoverning 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.
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