DE Under 3: U.S. GAO Report on Military Spouse Employment Focused on Challenges of Part-Time Work
A Discussion with GAO General Counsel Edda Emmanuelli Perez
GovCon Perspectives Podcast Episode 24: Effective Use of “Open and Frank” Discussions in Bid Protests
Award Protests: Choosing the Forum
How to Assess the Likelihood of Success in Deciding Whether to Bring a Bid Protest
On April 14, 2021, the U.S. Department of Labor’s (“DOL”) Employee Benefits Security Administration (“EBSA”) issued its first cybersecurity best practices guidance for retirement plans. The EBSA guidance was highly...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more
Monday, April 13, 2024: Contractors Have Second Opportunity to Comment on OFCCP’s Supply & Service Contractor Portal Information Collection - OFCCP published in the Federal Register Notice of a 30-day public comment period...more
FTC Non-Compete Ban Attacked by Businesses: What You Need to Know about the Ban - On April 23, 2024, the Federal Trade Commission (FTC) announced a final rule banning employers from enforcing non-compete agreements against...more
Federal Acquisition Regulation (FAR) Council Final Rule: Sustainable Procurement - On April 22, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a...more
The following is Part 1 of a 3-Part series reporting on the 24 presentations at the DirectEmployers (“DE”) Annual Meeting (DEAMcon24) of Members and the public. DE will publish the second installment on Monday, April 22, and...more
Federal Acquisition Regulation (FAR) Council Notice: FAR Part 40, Information Security and Supply Chain Security, Request for Information (RFI) - On April 10, the General Services Administration, Department of Defense,...more
Novation and Recertification Requirements: A Post-Closing Guide for GovCon M&A Deals - After the sale or acquisition of a business or its assets, there are often one or more post-closing requirements that business owners...more
Keys to Avoiding GAO’s Timeliness Trap - GAO’s recent decision in Marathon Medical Corporation provides a cautionary tale for government contractors seeking to protest the terms by which an agency conducts a procurement....more
Since the enactment of the Inflation Reduction Act of 2022 (the “IRA”) in the United States, the Department of the Treasury (“Treasury”) and the Internal Revenue Service (“IRS”) have issued notices of proposed regulations...more
House Passes $460 Billion Package of Spending Bills. Senate Expected to Act Before Shutdown Deadline, Federal News Network - The House passed a $460 billion package of spending bills Wednesday that would keep money...more
Wednesday, February 14, 2024: US DOL Announced 2023 Equity Action Plan Update - The Department of Labor’s (“DOL”) 2023 Equity Action Plan (“EAP”) update includes three specific OFCCP items (detailed below). According to a...more
Thursday, February 8, 2024: U.S. Supreme Court Unanimously Ruled “Retaliatory Intent” Not Required to Prove SOX Whistleblower Claim - Recognizing that Congress meant the evidentiary burden-shifting framework of the...more
H.R. 357, Ensuring Accountability in Agency Rulemaking Act, Passed House - On December 12, the House passed legislation requiring the vast majority of rules issued by federal agencies to be signed and issued by a...more
Department of Defense (DOD) Proposed Rule: National Industrial Security Program Operating Manual (NISPOM); Amendment - On December 13, the DOD published a proposed rule amending the NISPOM based on public comments...more
Department of Defense (DOD) Final Rule: Inapplicability of Certain Laws and Regulations to Commercial Items - DOD issues this Final Rule to amend the DFARS to address the inapplicability of certain laws and regulations to...more
Monday, October 16, 2023: New US DOL Administrative Review Board Decision from March Sets Down New Backpay Calculation Runway in Litigated OFCCP Cases - Former Labor Secretary Walsh Reversed Previous ARB/ALJ Rulings Last...more
Monday, July 3, 2023: Four Implications Impacting Federal Government Contractors and Employers Following the SCOTUS Decision in the Harvard & UNC Cases + “Life Preserver” Practical Next Step Suggestions - This is Part I of...more
Debt Ceiling and Spending Deal: H.R. 3746 – Fiscal Responsibility Act of 2023 - The Fiscal Responsibility Act of 2023, signed by President Biden on June 3, 2023, increases the federal debt limit, establishes new...more
GOVERNMENT CONTRACTS - GAO Confirms Agency Must Consider Experience of Each Partner in a Small Business Joint Venture - Earlier this year, the Government Accountability Office (GAO)—in AttainX, Inc., B-421216,...more
The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott...more
The 34-page OFCCP full fiscal year (“FY”) 2024 Congressional Budget Justification (“CBJ”) revealed key aspects of the agency’s future plans and past performance metrics. We reported last week that OFCCP’s FY 2024 budget...more
POTUS Re-ups Labor Nominees. This week, President Biden renominated Jessica Looman to serve as administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division and José Javier Rodriguez to serve as assistant...more
Wednesday, November 16, 2022: USDOL ALJ Approved Consent Decree in Long-Running OFCCP Action Against Convergys - In July, Secretary Walsh Intervened to Order Contractor’s Compliance with Document Demands - U.S. Department...more
Monday, December 5, 2022: EEOC’s Union Settled Allegations Re Post-Pandemic Return to Work in the Office Policy - Republican Legislators Voiced Concern that EEOC’s Strategic Plan Did Not Address Return to Work in the Office...more