On April 1, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) opened its Contractor Portal for its annual Affirmative Action Program (AAP) certification. Covered federal contractors and...more
Unbelievably, after the 11th Circuit narrowed the nationwide injunction issued by the Southern District of Georgia on August 30, which took effect when the court issued its mandate on October 18, the government began...more
On Friday, August 26, the Eleventh Circuit published the long-awaited decision in the government’s appeal of a nationwide injunction halting the COVID-19 vaccine mandate for government contractors and subcontractors. Although...more
On February 4, President Biden signed the Executive Order on Use of Project Labor Agreements for Federal Construction Projects, which mandates, with limited exceptions, that contractors and subcontractors working on federal...more
2/11/2022
/ Construction Industry ,
Construction Project ,
Contractors ,
Employees ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Joe Biden ,
Project Labor Agreements ,
Subcontractors ,
Unions
The U.S. District Court for the Eastern District of Kentucky's Nov. 30 injunction, in Kentucky v. Biden, prohibiting enforcement of the government contractor vaccine mandate against contractors and subcontractors in Kentucky,...more
For nearly two years, we have been reporting on this blog about the Department of Defense’s (DoD) Cybersecurity Maturity Model Certification (CMMC) program. CMMC is a training, certification, and third-party assessment...more
As we previously reported, on November 30, the District Court for the Eastern District of Kentucky (ED of KY) enjoined the government “from enforcing the vaccine mandate for federal contractors and subcontractors in all...more
12/7/2021
/ Appeals ,
Biden Administration ,
Department of Justice (DOJ) ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Multidistrict Litigation ,
Preliminary Injunctions ,
State and Local Government ,
Stays ,
Subcontractors ,
Vaccinations
In a decision issued on November 17, JKB Solutions v. United States, the Federal Circuit held that the commercial item termination for convenience provision at FAR 52.212-4(l) incorporated by reference into a contract for...more
Likely in response to the flurry of litigation challenging the government contractor vaccine mandate, on November 16 the Office of Management and Budget (OMB) published a new notice of determination and request for comments...more
11/18/2021
/ Biden Administration ,
Compliance ,
Coronavirus/COVID-19 ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Multidistrict Litigation ,
OMB ,
OSHA ,
Stays ,
Subcontractors ,
Vaccinations ,
Virus Testing ,
Workplace Safety
In welcome news for government contractors, the government contractor vaccine mandate continues to soften. In a statement issued by the White House this morning, the deadline for complying with the mandate will be extended...more
11/4/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Deadlines ,
Employees ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
OSHA ,
Subcontractors ,
Time Extensions ,
Vaccinations
At the end of October 2021, four complaints were filed by almost 20 states challenging the government contractor vaccine mandate. While some have suggested that these states, led by Republican governors, filed the suits for...more
11/4/2021
/ Biden Administration ,
Complaint Procedures ,
Constitutional Challenges ,
Coronavirus/COVID-19 ,
Declaratory Relief ,
Employer Mandates ,
Executive Orders ,
Federal Contractors ,
Federal Employees ,
Healthcare Workers ,
Injunctive Relief ,
Regulatory Mandates ,
Standing ,
State and Local Government ,
State Legislatures ,
Subcontractors ,
Vaccinations
As contractors and agencies scramble to comply with the government contractor vaccine mandate, there seems to be growing confusion over whether contractors or federal agencies are responsible for evaluating whether contractor...more
10/26/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
DFARS ,
Employees ,
Employer Liability Issues ,
Employer Mandates ,
Executive Orders ,
Exemptions ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Joint Employers ,
Reasonable Accommodation ,
Religious Exemption ,
Subcontractors ,
Vaccinations
On September 24, following President Biden’s September 9 Executive Order, Ensuring Adequate COVID Safety Protocols for Federal Contractors, the Safer Federal Workforce Task Force (Task Force) issued new guidance on COVID-19...more
9/28/2021
/ Biden Administration ,
Coronavirus/COVID-19 ,
Covered Employees ,
Covered Employer ,
Employer Mandates ,
Executive Orders ,
Federal Acquisition Regulations (FAR) ,
Federal Contractors ,
Federal Employees ,
Subcontractors ,
Vaccinations ,
Workplace Safety
On April 27, President Biden issued an Exhibit Order (EO) on Increasing the Minimum Wage for Federal Contractors raising the minimum wage for federal contractors, covered subcontractors, and lower-tier subcontractors by 27%...more
Teaming Arrangements under the FAR -
Under Federal Acquisition Regulation (FAR) 9.6, a contractor teaming arrangement is when:
1. Two or more companies form a partnership or joint venture to act as a potential prime...more
The GAO recently denied Leidos Innovations Corporation’s protest of a determination that Leidos was ineligible to receive a $272 million award by the U.S. Army despite Leidos having both the highest-rated technical proposal...more
As we previously reported, following the start of the Trump Administration, Congress has moved aggressively to overturn regulations passed in the final days of the Obama Administration through the rarely-used powers in the...more
3/7/2017
/ Blacklist ,
Congressional Review Act ,
Disclosure Requirements ,
Executive Orders ,
Fair Pay and Safe Workplaces ,
Federal Contractors ,
Labor Law Violations ,
Obama Administration ,
Subcontractors ,
Transparency ,
Trump Administration