DE Under 3: FAR Council Seeks to Require Federal Contractors to Report First-Tier Subcontractor Information, Including Potentially Executive Compensation Data
DE Under 3: OMB Announced Finalized Overhaul to Federal Race & Ethnicity Data Collection Standards
DE Under 3: OFCCP Resurrects Proposal for Monthly CC-257 Employment Utilization Reports for Construction Contractors
DE Under 3: FAR Council Submitted for OMB Approval Proposed Rule on “Pay Equity and Transparency in Federal Contracting”
DE Under 3: Surprises Lurk Throughout OMB's 2023 Spring Regulatory Agenda
DE Under 3: OFCCP’s Controversial “Pre-Enforcement Notice & Conciliation Procedures” Final Rule Coming Soon
DE Under 3: President Biden Issued "Modernizing Regulatory Review" Executive Order
DE Under 3: OMB’s Initial Proposal to Overhaul Federal Race & Ethnicity Data Collections
DE Under 3: OMB Publishes Its Fall 2022 Regulatory Agenda
DE Under 3: Big Changes Coming to OFCCP's Supply & Service Contractor ICRs
DE Under 3: Employment Poster Requirements & the U.S. DOJ’s First-Ever Criminal Anti-Trust Prosecution
DE Under 3: Data Gathering & Data Delivery
DE Under 3: New Data Collection Burdens, NLRB’s Ruling Regarding Union Election Dismissals, and OMB’s Tech Modernization Fund
Biden’s Modernizing Regulatory Review – A New Paradigm?
DoD Cyber: A Conversation with Melissa Vice, COO for DoD’s Vulnerability Disclosure Program
Is it the End of the EB-5 World as We Know it? How to Prepare for Potential Changes
I-14: Update on EEO-1 and I-9 Forms, Employer Obligations After a Hurricane or Other Natural Disaster, and Attorney Jason Barsanti on Meal and Rest Breaks
Office of Management and Budget (OMB) Circular: Acquisition Data Management - On May 30, OMB’s Office of Federal Procurement Policy published a circular entitled, “Strategic Management of Acquisition Data and Information.”...more
Marking the first effort to establish an artificial intelligence (“AI”) governance structure for the federal government, the AI Memorandum contains requirements and recommendations for federal agencies’ AI use that...more
Tuesday, February 27, 2024: U.S. OPM & OMB Jointly Published First Ever Strategic Plan on Hiring Military Spouses - Pursuant to an Executive Order (“EO) President Biden issued last summer, the U.S. Office of Personnel...more
On January 25, 2024, the White House Office of Management and Budget issued a memo, Increasing Small Business Participation on Multiple-Award Contracts, calling for executive agencies to apply the FAR’s Rule of Two to task...more
In thinking through what are the current, 2024, big ticket items for Affirmative Practice, the head reels. Will the Harvard/University of North Carolina cases lead to court action seeking to limit Affirmative Action practice...more
As 2023 ends, despite the visions of sugar plums dancing in your head, it is a good time to take stock of government initiatives affecting your Affirmative Action practice, the better to get ready for 2024. Many things...more
In recognition of the 15th anniversary of the Lilly Ledbetter Fair Pay Act, the Biden Administration has released a proposal that would prohibit federal contractors from using a job applicant’s prior salary history when...more
Tuesday, November 28, 2023: DE Talk Podcast Focused on Veterans Employment Tools - With roughly 250,000 servicemembers transitioning to civilian life each year, veteran hiring initiatives have become an essential focus for...more
Wednesday, November 8, 2023: US DOL Honored 859 Civilian Employers with 2023 HIRE Vets Medallion Awards - Corresponding with Veterans Day 2023, the U.S. Department of Labor’s Veterans Employment and Training Service...more
The Biden administration issued a widely anticipated executive order on artificial intelligence (“AI”) earlier this week. The Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence...more
On October 30, 2023, President Biden issued an “Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence” (the “EO”), the first executive order directly addressing artificial...more
On October 3, 2023, the FAR Council released two long-awaited proposed rules for federal contractor cybersecurity stemming from the Biden Administration’s Cybersecurity Executive Order from May 2021 (Executive Order 14028)....more
On December 26, 2013, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the "Uniform Guidance"). The...more
WHAT: The Office of Management and Budget (OMB) issued long-awaited final guidance on the implementation of the Build America, Buy America (BABA) provisions of the Bipartisan Infrastructure Law. As we’ve highlighted in prior...more
On June 9, 2023, the Department of Defense (“DoD”) issued a proposed rule to address domestic preferences – the Buy American Act – in DoD procurements. The proposed rule follows updates to the Federal Acquisition Regulation...more
What Corporations, Colleges and Universities, and Federal Contractors Need to Know About the Coming Harvard and UNC Case Decisions - I do not take a position either pro or con race-based admission decisions in this Blog,...more
Monday, April 17, 2023: OFCCP Released the First 20,000 EEO-1 Files to The Public - EXCLUSIVE: OFCCP Has Also Proposed A Schedule To Resolve Contractor Objections To Disclosure - The most substantive action pertaining to...more
On April 7, 2023, a proposed rule seeking to broaden "persuader" activity reporting requirements on the LM-10 Disclosure Form (the Disclosure Form) was sent to the Office of Management and Budget (OMB) for review, signaling...more
Friday, April 7, 2023: OLMS Submitted for OMB Review its Final Rule to Revise Union Persuader Reports to “Out” Federal Contractors - The U.S. Department of Labor’s Office of Labor-Management Standards (“OLMS”) submitted to...more
In this week's episode, John & Candee dive in to Biden's latest executive order that is expected to significantly reduce the number of regulations subject to OMB review and increased the economic threshold for a “significant...more
On November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA) (Public Law 117-58). The IIJA includes the Build America, Buy America Act which declares that “none of the funds made...more
Earlier this month, bipartisan legislation was introduced in the U.S. Congress that would allow the U.S. to regulate and even ban the app TikTok. Although the proposed legislation has dominated the news coverage, a recent...more
Ask someone you know about the COVID-19 vaccination requirements for contractors, and you might get an, “Oh yeah, what happened to that?” Issued in early September 2021, Executive Order (EO) 14042, Ensuring Adequate COVID...more
While Buy America requirements are nothing new to the realm of federal procurement, the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (commonly referred to as the “Uniform...more
Approximately 15 months ago, on November 15, 2021, President Biden signed into law the Infrastructure Investment and Jobs Act (IIJA), commonly known as the Bipartisan Infrastructure Law. The IIJA is one of the Biden...more