While contractors (and their HR departments) dodged a serious bullet with Trump’s recent invalidation of the 2016 FAR blacklisting rule, they need to be alert to a new HR-related compliance requirement as a result of a rule promulgated on the final day of the Obama Administration.
On April 18, 2017, President Donald Trump signed the executive order “Buy American and Hire American” aimed at maximizing the federal government’s use of goods, products, and materials produced in the United States. The E.O. does not attempt to change existing law, but requires agencies to increase monitoring, enforcement, and compliance with Buy American Laws while minimizing the use of waivers.
Earlier this week, President Trump put the final nail in the coffin for the former administration’s “blacklisting” rule, officially known as the Fair Pay and Safe Workplaces Final Rule.
Earlier this week, on March 6, 2017, the Senate passed a joint resolution disapproving the Fair Pay and Safe Workplaces Final Rule (the “Rule”), which mandated contractor reporting of labor law violations, and had earned the title of the “blacklisting” rule—as those disclosures could negatively impact a company’s ability to obtain U.S. government contracts.
In a move that likely was welcomed by Federal contractors, earlier this month, the House of Representatives passed a joint resolution under the Congressional Review Act (“CRA”) disapproving the Fair Pay and Safe Workplaces Final Rule (“the Rule”) that unless overturned will, among other things, institute new disclosure requirements and standards for reporting labor law violations
On October 4, 2016, the Department of Defense (DoD) issued a Final Rule for DoD’s Defense Industrial Base (DIB) Cybersecurity (CS) Activities program. The rule amends the cyber incident reporting requirements and the voluntary DIB CS information sharing program in 32 CFR Part 236. It will take effect on November 3, 2016.
On Friday, October 21, 2016, the Department of Defense (DoD) issued a final rule implementing changes to its December 2015 interim rule on DoD contractor cyber incident reporting and cloud computing.
Today, the U.S. Department of Labor’s Equal Employment Opportunity Commission (EEOC) revised an earlier proposed rule that would require that federal contractors report pay data. The original proposed rule, published in January 2016, expanded the content of the annual EEO-1 report, requiring contractors with more than 100 workers to provide pay data on race, ethnicity and gender, as we explained in our summary.
On June 23, 2016, GSA published a much anticipated final rule that amends the General Services Administration Acquisition Regulation (GSAR) to implement new transactional data reporting requirements in certain GSA contracts.
On January 25, the National Science Foundation issued a statement to remind the 2,000 colleges, universities, and other institutions that receive NSF funding that NSF requires its awardees to comply with Title IX of the Education Amendments Act of 1972, which prohibits educational funding recipients from engaging in sex discrimination, including sexual harassment and gender violence.
NSF’s statement, which follows multiple recent reports of sexual harassment in the science community, “reiterates [NSF’s] unwavering dedication to inclusive workplaces. NSF does not tolerate sexual harassment and encourages members of the scientific community who experience such harassment to report such behavior immediately.” NSF also encouraged NSF-funded researchers and students to “hold colleagues accountable to the standards and conditions set forth in Title IX, and to inform their institutions of violations.” NSF directs people who experience or witness harassment to contact their Title IX Coordinator or NSF’s Office of Diversity and Inclusion.
On December 30, 2015, effective upon publication, the U.S. Department of Defense (DoD) published a three-page interim rule revising its earlier August 2015 interim rule on Safeguarding Covered Defense Information. 80 Fed. Reg. 81,472 (Dec. 30, 2015), available here. See our previous analysis of the original August 26 rule here. Comments on this new interim rule
Over the past month, there have been a number of developments affecting the new DFARS Network Penetration Reporting and Contracting for Cloud Services interim rule (DFARS Case 2013-D018, published in the Federal Register on Wednesday, August 26, 2015, available here). See our previous analysis of the rule here. On Wednesday, November 18, 2015, DoD published
The U.S. Department of Health and Human Services Office of Inspector General (“OIG”) recently released its Work Plan for Fiscal Year 2016. The Work Plan discusses OIG’s anticipated reviews and audits of HHS programs and operations over the coming year. As is typical, the FY 2016 Work Plan includes many items of interest to recipients
On September 29, 2015, the Federal Communications Commission (FCC) released a Public Notice seeking comments on the Broadnet Teleservices, LLC (Broadnet) petition asking the FCC to declare that the Telephone Consumer Protection Act (TCPA) does not apply to calls made by or on behalf of federal, state, and local governments, when such calls are made
Ogechi Achuko, an Associate in Hogan Lovells’ Government Contracts Practice, contributed to this post. On October 6, 2015, the Small Business Administration (SBA) released a Proposed Rule / that allows prime contractors to count lower-tier subcontracts at all levels toward their small business subcontracting goals. While this would be a welcome change for many prime contractors,
Hogan Lovells Government Contracts Associate Ogechi Achuko contributed to this post. On 17 September 2015, USAID finalized its regulatory supplement to the OMB “Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards”, often referred to as the Uniform Guidance. USAID’s regulations largely are consistent with the OMB Uniform Guidance at 2 CFR part
On 2 September 2015, the U.S. Department of Health and Human Services issued a long-anticipated Notice of Proposed Rulemaking to overhaul regulations that govern research on human subjects. Read More: HHS Proposes Major Changes to Federal Policy for Protection of Human Subjects
Hogan Lovells has issued a Sponsored Research Alert outlining a Notice of Proposed Rulemaking (NPRM) issued by the U.S. Department of Health and Human Services (HHS) that seeks to amend the U.S. Government’s policy on protection of human research subjects. As the Alert describes: The NPRM would substantially change, in several respects, the regulatory framework with which universities and research
Those involved with the purchase or sale of a government contractor should take note of a recent GAO protest decision overturning the award of a $210M contract because the agency failed to address the fact that the awardee’s proposal substantially relied upon the past performance, corporate experience, and resources of the awardee’s former parent company. As
On July 8, 2015, Hogan Lovells issued a Government Contracts Client Alert on the Obama Administration’s Proposed Rule and Guidance that would amend the Federal Acquisition Regulation (FAR) to implement Executive Order 13673, the “Fair Pay and Safe Workplaces” Executive Order. Among other things, the proposed rule would require contracting officers to consider a contractor’s
Offering a mixed bag for federal contractors, on May 26, 2015, the Supreme Court of the United States unanimously overturned the Fourth Circuit’s decision in United States ex rel. Carter v. Halliburton Co., 710 F.3d 171 (4th Cir. 2013) that the Wartime Suspension of Limitations Act (WSLA) could be used to toll the statute of
The General Services Administration (GSA) held a public meeting on Friday, April 17, 2015, to discuss its recently proposed rule that, if implemented, would do away with the Price Reductions Clause (PRC) and replace it with a requirement that vendors report their pricing and other transactional data for covered government sales on a monthly basis.
The Department of Justice and qui tam relators were dealt another blow regarding how damages are calculated in False Claims Act (FCA) cases. In an FCA case involving allegations of defective pricing, the U.S. Court of Appeals for the Sixth Circuit in United States v. United Technologies Corporation overturned the lower court’s award of $657
On April 15, 2015, the Congressional Progressive Caucus held a forum renewing their request for President Obama to issue another Executive Order related to labor policies governing Federal Contractors. Specifically, the CPC is asking the President to issue an Executive Order giving “preference” to federal contractors who pay workers at least $15 an hour and