News & Analysis as of

Executive Orders Contractors

Foley & Lardner LLP

OFCCP AAP Certification Contractor Portal is NOW OPEN

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On March 25, 2024, the U.S. Department of Labor (DOL) issued its annual notice that the Office of Federal Contract Compliance Programs (OFCCP) Contractor Portal, for certification of contractor affirmative action program...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Publishes Final Rule Implementing Executive Order 14005

The rule conforms applicable DFARS clauses to the final FAR rule that was published on March 7, 2022. Contractors must comply with increasing U.S. and qualifying country content thresholds for manufactured end products—65...more

Schwabe, Williamson & Wyatt PC

Contractor Association Files Suit to Halt Biden’s Federal PLA Mandate

January 12, 2024 Shareholder Shareholder Shareholder On January 10, 2024, Associated General Contractors of America and the Louisiana Associated General Contractors filed suit to enjoin President Biden’s Executive Order 14063...more

Jackson Lewis P.C.

FAR Rule Implements EO-Mandated Use of Project Labor Agreements on Large Federal Construction Projects

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The Federal Acquisition Regulatory Council (FAR Council) has issued a final rule establishing a project labor agreement (PLA) requirement for contracts that meet the definition of federal “large-scale construction projects”...more

Schwabe, Williamson & Wyatt PC

Nondisplacement of Qualified Workers Under Service Contracts

On December 14, the Department of Labor issued its final rule implementing Executive Order 14055, entitled “Nondisplacement of Qualified Workers Under Service Contracts.” The executive order and rule seek to enhance...more

Bass, Berry & Sims PLC

Clarification: You Can Recover for Changes Implementing Executive Orders

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The National Defense Authorization Act of 2023 includes a short but interesting provision reminding the Department of Defense (DoD) that the unilateral insertion of a new clause in a DoD contract is a change that may entitle...more

Sheppard Mullin Richter & Hampton LLP

Proposed Rule Requires Contractors to Disclose Greenhouse Gas Emissions and Climate-Related Financial Risk

On November 14, 2022, the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) published a proposed rule that would amend the Federal Acquisition...more

Schwabe, Williamson & Wyatt PC

New Regulation Proposal Would Require Project Labor Agreements for Federal Construction ‎Projects

On Thursday, August 19, 2022, as mandated by Executive Order 14063, issued by President Biden February 4, the Federal Acquisition Regulatory Council proposed a rule to amend the Federal Acquisition Regulations (FARs) to...more

Husch Blackwell LLP

Nondisplacement of Qualified Workers Under Service Contracts – Proposed Regulations Issued

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As we wrote back in November 2021, the Biden Administration issued Executive Order 14055 reinstating most of the concepts from the Obama Administration era nondisplacement Executive Order 13495....more

Morrison & Foerster LLP - Government...

EO 14055 Proposed Rules Require Successor Contractors To Once Again Offer First Right Of Refusal To Predecessor Workers

On July 15, 2022, the U.S. Department of Labor (DoL) published a 160-page Notice of Proposed Rulemaking (NPRM) to implement Executive Order (EO) 14055, “Nondisplacement of Qualified Workers Under Service Contracts,” seeking...more

McDermott Will & Emery

New Federal Directive Places Contractor Pay Equity Audits Under Scrutiny

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Government contractors are required to perform pay equity audits as part of their affirmation action obligations. Now, the Office of Federal Contract Compliance Programs (OFCCP) has released a new Directive clarifying its...more

Bass, Berry & Sims PLC

Union Labor or Bust! Project Labor Agreements Now Required for Large Federal Construction Projects

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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

Miller Nash LLP

Why Washington State Disadvantaged Businesses Should Expect More in 2022 and What State Agencies Should Know

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On January 7, 2022, Governor Inslee signed Executive Order 22-01 for Equity in Public Contracting and directly increased government contracting opportunities for certified women-, minority- and, veteran businesses (“Certified...more

Greenbaum, Rowe, Smith & Davis LLP

Governor Murphy Signs Executive Order Setting COVID-19 Vaccination and Booster Shot Requirements for New Jersey Healthcare Workers

What You Should Know •Governor Murphy recently signed an Executive Order requiring healthcare providers and others working in New Jersey healthcare settings to be fully vaccinated against COVID-19 by specific dates...more

Schwabe, Williamson & Wyatt PC

President Biden Reinstates a Version of the Nondisplacement of Qualified Workers Under Service Contracts Executive Order

On November 18, 2021, President Biden issued an executive order reinstating a version of the Nondisplacement of Qualified Workers Under Service Contracts executive order that had previously been implemented by President Obama...more

Fox Rothschild LLP

Updates To ‘Key To NYC’ Vaccine Mandate: Nonresident Contractors Must Now Be Vaccinated

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Yet again, New York City has updated the requirements of the Key to NYC vaccination mandate for indoor dining, fitness and entertainment venues. On August 20, 2021, Mayor Bill de Blasio issued Emergency Executive Order No....more

Sheppard Mullin Richter & Hampton LLP

Right on Time – NIST Releases Definition of “Critical Software” Per Biden’s Cybersecurity Executive Order

As called for in the May 12, 2021 Cybersecurity Executive Order (“EO”) released by the Biden Administration (discussed here), NIST met its deadline to release a definition of “critical software” within 45 days of the date of...more

Husch Blackwell LLP

President Biden’s Buy American Executive Order—Where Are We Now?

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It has been two months since President Biden issued his Buy American Executive Order on January 25, 2021. But it would seem we still have more questions than answers: What specific actions will agencies take to promote the...more

Foley & Lardner LLP

Michigan Governor Whitmer Announces “Stay Home, Stay Safe” Executive Order to Address Coronavirus Spread (Updated May 8, 2020)

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Michigan Governor Gretchen Whitmer Executive Order 2020-77, issued May 7, 2020 and taking immediate effect, modified the scope of the Order further by issuing new “safer at home” requirements. Critically, these revised...more

McCarter & English, LLP

Construction Project Shutdowns: Know Your General Contract Terms For Force Majeure, Suspension, And Termination

As state and local governments shut down construction projects in response to the COVID-19 pandemic, project owners and contractors should review closely the general contracts for their projects to determine what consequences...more

Stoel Rives -  Ahead of Schedule

Guidance for Owners and Contractors with Construction Projects in Oregon in Light of the Statewide “Stay Home” Order

On March 23, 2020, Oregon Governor Kate Brown issued Executive Order No. 20-12 directing Oregonians to “Stay Home, Save Lives.” Unlike “stay home” orders in some other states—which prohibit the operation of all business...more

Carlton Fields

Construction Contractors Take Note: OFCCP’s Industry-Focused Technical Assistance Guide (TAG) May Prove Helpful in Preparing for...

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Federal construction contractors are barred from discriminating in employment on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or covered veteran status, and many...more

Carlton Fields

They Really (Sorta) Mean it This Time: Three Things Private Companies Need to Know About Trump’s Second “Buy American” Executive...

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If your company receives money from the federal government, take note: President Trump signed another "Buy American, Hire American" Executive Order on January 31, 2019, ...more

Hinshaw & Culbertson LLP

Portion of Fair Pay and Safe Workplaces Executive Order Blocked

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On Tuesday of this week, a federal judge in Texas granted a nationwide preliminary injunction blocking the portions of President Obama's "Fair Pay and Safe Workplaces" Executive Order. That order, signed in 2014 and...more

Seyfarth Shaw LLP

Federal Contractor News Roundup: Paid Sick Leave, Pay Secrecy, Posters, Plus More

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This year continues to be an active one for employers who are federal contractors or subcontractors. Most recently, yesterday President Obama continued the trend of using Executive Orders where legislative solutions have...more

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