News & Analysis as of

Federal Contractors Rulemaking Process

Holland & Knight LLP

The Impact of Chevron Reversal on Government Contracting

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The U.S. Supreme Court's decision in Loper Bright Enterprises v. Raimondo upended decades of precedent that required courts to defer to agencies' interpretations of statutes. This, known as the Chevron doctrine, allowed for...more

McDermott Will & Emery

Proposed Federal Contractor Rule Will Impose Pay Equity and Transparency

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There are proposed amendments to the Federal Acquisition Regulation (FAR) that will change employment practices for federal contractors in two ways. First, these amendments will prohibit federal contractors from seeking and...more

Sheppard Mullin Richter & Hampton LLP

Not an April Fools Joke – FAR Part 40 Final Rule Has Been Published

On April 1, 2024, the FAR Council published a new Final Rule that establishes FAR Part 40 – but without any new provisions of substance. This Final Rule becomes effective on May 1, 2024. Subsequently, the FAR Council...more

Sheppard Mullin Richter & Hampton LLP

CISA Cyber Incident Reporting for Critical Infrastructure Will Significantly Impact Government Contractors, Suppliers, and Service...

The Cybersecurity and Infrastructure Security Agency (“CISA”) recently released its new Proposed Rule pursuant to the Cyber Incident Reporting for Critical Infrastructure Act of 2022 (“CIRCIA”), which was published in the...more

Perkins Coie

Proposed Rule Would Impose Pay Transparency and Salary History Requirements for Federal Contractors

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The Federal Acquisition Regulatory Council issued a Proposed Rule, “Pay Equity and Transparency in Federal Contracting,” on January 30, 2024. The Proposed Rule would amend the Federal Acquisition Regulations (FARs), which...more

DirectEmployers Association

What Federal Contractors Need to Know About the OFCCP’s New Audit Scheduling Letter

DirectEmployers held a complimentary 90-minute fast-paced Webinar for the public and its Member Companies discussing OFCCP’s new and controversial audit Scheduling Letter for Supply & Service contractors. Because many of the...more

Venable LLP

New Federal Law Aims to Identify and Prevent or Mitigate Organizational Conflicts of Interest in Federal Contracting

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In the midst of the year-end legislative push, Congress last week passed S. 3905, the "Preventing Organizational Conflicts of Interest in Federal Acquisition Act." This "good government" law requires the Federal Acquisition...more

Maynard Nexsen

Proposed Climate Rule Presents Substantial Compliance Burdens on Federal Contractors

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On November 14, 2022, the Federal Acquisition Regulatory Council (“FAR Council”) issued a proposed rule that will have a sweeping impact on nearly all federal contractors. To implement the policies in Executive Order 14030...more

Ankura

DoD Re-Emphasizes Commitment to Holding Contractors Accountable on Cybersecurity

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While the DoD charts a path forward on CMMC, the USG is emphasizing the need to comply with existing cyber obligations in government contracts and taking steps to enforce compliance with those obligations. The June 16 Memo...more

Sheppard Mullin Richter & Hampton LLP

Updated Timeline for DoD’s Cybersecurity Certification Program

The Department of Defense recently provided some clarity on the timeline for implementation of its Cybersecurity Maturity Model Certification (CMMC) program. The DoD now expects to complete documentation to submit to the...more

Fisher Phillips

DOL’s Proposed Revisions of Davis Bacon Act Rules Will Have Significant Impact on Federal Construction Contractors

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Federal wage and hour officials recently issued proposed rules that will make it easier for unions to have their hourly rates of pay established as the prevailing wage rates and will increase the Department of Labor’s...more

Benesch

November Ends With Flurry of Litigation Regarding Various COVID Vaccine Mandates

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As November came to an end, federal courts across the country continue to examine and issue preliminary rulings on challenges to various COVID vaccine mandates put in place by the Biden Administration. At the beginning of...more

Woods Rogers

Cybersecurity Maturity Model Certification (CMMC) 2.0 – What Federal Contractors Need To Know

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On November 4, 2021, the Department of Defense (DoD) issued an Advanced Notice of Proposed Rulemaking by releasing the latest and highly anticipated iteration of the CMMC program – CMMC 2.0.  According to the DoD, the...more

Cozen O'Connor

TIMES THEY KEEP A CHANGIN’ — Upcoming Changes to DoD CMMC Program and Cybersecurity Requirements

Cozen O'Connor on

The past few years in the government contracting space has seen significant changes: from the recently passed infrastructure bill and its $1.2 trillion infusion for the modernization of the country’s rapidly aging...more

Foley & Lardner LLP

Vaccine Mandates And Vaccine Bans – Clues On Where This Ends And Making Decisions In The Interim

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On September 9, 2021, President Biden announced plans for the federal Occupational Safety and Health Administration (OSHA) to issue an “Emergency Temporary Standard” (ETS) mandating that all employers with more than 100...more

Benesch

OSHA to Develop Rule Requiring All Employers with 100+ Employees to Implement Vaccine Mandate

Benesch on

On September 9, 2021, President Biden announced his administration’s “action plan” for finding a “path out of the pandemic.” President Biden has directed OSHA to develop a rule that will require all employers with 100 or more...more

Jones Day

Biden Department of Labor Proposes $15 Minimum Wage for Federal Contractors

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Overview  As previously discussed here, pursuant to Executive Order 14026 signed by President Biden on April 27, 2021, the Department of Labor ("DOL" or "Department") recently published a notice of proposed rulemaking titled...more

Littler

DOL Releases Proposed Rule on Increasing the Minimum Wage for Federal Contractors

Littler on

On July 22, 2021, the U.S. Department of Labor’s proposed rule to implement and enforce Executive Order 14026, “Increasing the Minimum Wage for Federal Contractors,” was published in the Federal Register.  Executive Order...more

Perkins Coie

“Made in America” Executive Order Calls for Expansion and Increased Oversight of Domestic Sourcing Requirements for Government...

Perkins Coie on

President Biden signed an executive order (EO) on January 25, 2021, outlining his administration’s policy to increase procurement of U.S.-made products by expansion of domestic preferences for American-made goods and...more

DirectEmployers Association

USDOJ Pursues Last-Minute Attempt to Kill “Adverse Impact” Discrimination Claims Against Federal Grant Recipients

On Wednesday, January 6, 2021, the United States Department of Justice (“DOJ”) has submitted to the Office of Management and Budget (“OMB”) for review a Final Rule amending DOJ’s regulations administering Title VI (Title 6)...more

ArentFox Schiff

Department of Labor Issues Rule Clarifying Religious Exemptions for Government Contractors

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On December 7, 2020, the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) issued a rule clarifying the scope of the religious exemption under Executive Order 11246 (EO 11246), which requires equal...more

Polsinelli

OFCCP Seeks to Provide Certainty to Contractors By Issuing Final Rule on Compliance Evaluation Procedures

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On November 10, 2020, OFCCP published its Final Rule on “Nondiscrimination Obligations of Federal Contractors and Subcontractors: Procedures to Resolve Potential Employment Discrimination.”  We previously covered OFCCP’s...more

DirectEmployers Association

OFCCP Week In Review: November 2020

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 Chambers and Jennifer Polcer. In today’s edition, they...more

DirectEmployers Association

OFCCP Week In Review: July 2020 #3

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 Chambers and Jennifer Polcer. In today’s edition, they...more

Littler

Labor and Employment Rulemaking Prominent in Spring 2020 Regulatory Agenda

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The federal government recently released its unified federal regulatory agenda–the document that outlines regulatory and deregulatory actions agencies expect to take in coming months....more

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