Government Contracts Insights

January 31, 2024 - Labor & Employment
Proposed Rule Seeks to Mandate Pay Transparency and Ban Using Salary History for Federal Contractors
By: Andrew R. Turnbull and Keniece Y. Gray
On January 29, 2024, the Biden administration issued a Proposed Rule that would prohibit federal contractors from seeking and considering compensation history when making employment decisions and require contractors to disclose compensation being offered in job postings. If implemented, the requirements will apply broadly to
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August 28, 2023 - Labor & Employment
Missing SCA Clause Did Not Excuse Noncompliance or Allow for Full Equitable Adjustment
By: Nicole E. Giles and Andrew R. Turnbull
In Innovative Technologies, Inc. , ASBCA No. 6186, 62185 , the Armed Services Board of Contract Appeals (“ASBCA” or the “Board”) held that, despite the federal government’s failure to include or incorporate the McNamara-O’Hara Service Contract Act (“SCA”) FAR Clause 52.222-41 (the “SCA Clause”)
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May 08, 2023 - Federal Procurement, Labor & Employment
The Debt Ceiling and Its Potential Implications for Government Contractors
By: Kevin P. Mullen and Markus Gerhard Speidel
Contractors face potential payment uncertainty as a result of the current congressional inability to agree to increase the federal government’s debt ceiling. The government reached the official debt limit months ago, on January 19, 2023. Yet by all appearances it continues to operate “as normal.”
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August 26, 2022 - Labor & Employment
OFCCP’s Revised Directive Softens on Seeking Privileged Pay Analysis
By: Andrew R. Turnbull
On August 18, 2022, OFCCP issued a revised Directive 2022-01 (the “Revised Directive”) clarifying that contractors will not be required to provide any privileged pay analysis conducted for purposes of compliance with 41 C.F.R. § 60-2.17(b)(3). Although OFCCP’s clarification is welcome news for contractors,
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July 18, 2022 - Labor & Employment
EO 14055 Proposed Rules Require Successor Contractors to Once Again Offer First Right of Refusal to Predecessor Workers
By: Andrew R. Turnbull and Nicole E. Giles
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 to once again require successor contractors to give a right of
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June 08, 2022 - Labor & Employment, Small Business
SBA Finalizes Changes in How to Calculate Size for Various Programs
By: Damien C. Specht, James A. Tucker and Alissandra Young McCann
Earlier this week, the U.S. Small Business Administration (SBA) issued a Final Rule adopting changes to how a concern calculates its number of employees for eligibility purposes in all of SBA’s programs, as well as how a concern calculates average annual receipts for SBA’s
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December 08, 2021 - Labor & Employment, Coronavirus
Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?
By: J. Alex Ward, Andrew R. Turnbull and Krista A. Nunez
On December 7, 2021, the U.S. District Court for the Southern District of Georgia ordered a nationwide injunction of Executive Order 14042 (the EO or EO 14042), temporarily suspending the EO’s vaccination, masking, and social distancing requirements and all implementing guidance. Although the Georgia
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December 03, 2021 - Labor & Employment
Ready, Set, Certify: OFCCP Releases Mandatory Annual AAP Certifications
By: Andrew R. Turnbull
On December 2, 2021, OFCCP announced that it was launching its Affirmative Action Program Verification Initiative (the AAP VI), requiring all federal supply and service contractors and subcontractors to certify annually whether they have developed and maintained an affirmative action program (AAP) for each
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November 03, 2021 - Labor & Employment, Coronavirus
New Task Force Guidance Signals Some Flexibility for Contractors
By: Andrew R. Turnbull, J. Alex Ward and Krista A. Nunez
On November 1, 2021, the Safer Federal Workforce Task Force (the “Task Force”) added new FAQs to its guidance on Executive Order 14042 (“EO 14042”), signaling that contractors have some flexibility to go beyond the rapidly-approaching December 8, 2021 deadline for covered employees to be fully
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September 27, 2021 - Labor & Employment, Coronavirus
What To Do Now: Task Force Seeks Broad Coverage and Stringent COVID-19 Protocols for Contractors
By: Andrew R. Turnbull
On September 24, 2021, the Safer Federal Workforce Task Force (the “Task Force”) issued guidance (the “Guidance”) on President Biden’s Executive Order 14042 (the “Order”). Although the Guidance recognizes that the Order is limited to only certain types of contracts, the Task Force strongly encourages federal agencies
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Topic Archives: Labor & Employment

Proposed Rule Seeks to Mandate Pay Transparency and Ban Using Salary History for Federal Contractors

By: Andrew R. Turnbull and Keniece Y. Gray

Missing SCA Clause Did Not Excuse Noncompliance or Allow for Full Equitable Adjustment

By: Nicole E. Giles and Andrew R. Turnbull

The Debt Ceiling and Its Potential Implications for Government Contractors

By: Kevin P. Mullen and Markus Gerhard Speidel

OFCCP’s Revised Directive Softens on Seeking Privileged Pay Analysis

By: Andrew R. Turnbull

EO 14055 Proposed Rules Require Successor Contractors to Once Again Offer First Right of Refusal to Predecessor Workers

By: Andrew R. Turnbull and Nicole E. Giles

SBA Finalizes Changes in How to Calculate Size for Various Programs

By: Damien C. Specht, James A. Tucker and Alissandra Young McCann

Georgia Court Issues Nationwide Injunction of Executive Order 14042—How Should Contractors Respond?

By: J. Alex Ward, Andrew R. Turnbull and Krista A. Nunez

Ready, Set, Certify: OFCCP Releases Mandatory Annual AAP Certifications

By: Andrew R. Turnbull

New Task Force Guidance Signals Some Flexibility for Contractors

By: Andrew R. Turnbull, J. Alex Ward and Krista A. Nunez

What To Do Now: Task Force Seeks Broad Coverage and Stringent COVID-19 Protocols for Contractors

By: Andrew R. Turnbull