DOD/FAR COUNCIL

Memo
24-061
Monday, April 8, 2024

CWC has filed written comments with federal procurement agencies on a proposed new regulation covering federal contractors that would impose a salary history ban, a compensation disclosure requirement, and an employee notice requirement.


Memo
24-023
Thursday, February 1, 2024

MEMBER FEEDBACK REQUESTED. Two years after President Biden issued an Executive Order calling for pay transparency in federal contracting, the government’s lead procurement agencies have proposed regulations that would require contractors among other


Memo
24-007
Monday, January 8, 2024

The entity that coordinates federal procurement policy has issued a final rule implementing a 2022 Executive Order issued by President Biden that essentially mandates the use of union labor on major federal construction projects.


Memo
23-236
Thursday, December 14, 2023

The Biden Administration’s latest regulatory agenda lists several new items added by the EEOC, while indicating that OFCCP has hit the pause button on several previously listed items of interest to federal contractors.


Memo
23-177
Monday, September 11, 2023

A new law enacted by Congress late last year entitled the “No TikTok on Government Devices Act” has compliance implications for federal contractors. Our memo explains.


Memo
23-039
Wednesday, February 22, 2023

A federal trial court in Arizona has rejected a challenge brought by five states questioning the legality of a Biden Executive Order that raised the minimum wage payable on certain federal contracts to $15 an hour, finding the President acted within


Memo
23-018
Tuesday, January 24, 2023

But for a handful of new initiatives, the biggest change in the Biden Administration’s latest semi-annual regulatory agenda from its predecessor is a push back in estimated completion dates for items previously listed.


Memo
22-148
Monday, August 8, 2022

One of the very few so-called must-pass bills that Congress enacts every year is the National Defense Authorization Act, the annual measure that authorizes national defense spending. Knowing it’s a must pass bill, House Democrats added a slew of unio


Memo
22-122
Wednesday, June 29, 2022

The Biden Administration’s latest semi-annual regulatory agenda contains very few changes from the version published last December, except that many of the projected timelines have been pushed back.


Memo
22-053
Monday, March 21, 2022

Under a new Executive Order issued by President Biden, federal contracting agencies are instructed to consider whether they should adopt a ban on salary history inquiries as a condition of doing business with the government.


Memo
22-008
Wednesday, January 12, 2022

A new law that prohibits federal contractors from asking job applicants about their criminal histories went into effect on December 20, 2021, but the government has yet to issue implementing regulations.


Memo
21-245
Thursday, December 16, 2021

The Biden Administration’s latest semi-annual regulatory agenda contains a number of new items that will be of interest to CWC members, including new initiatives from OFCCP, DOL’s Wage and Hour Division, and the NLRB.


Memo
21-233
Tuesday, November 30, 2021

A new Executive Order signed by President Biden essentially reinstates “nondisplacement” rules that were operative during the Obama Administration. Those rules required successor contractors to contracts covered by the federal Service Contract Act to


Memo
21-217
Thursday, November 4, 2021

The Biden Administration has issued new guidance under the President’s vaccine mandate Executive Order suggesting that contracting agencies will give covered contractors some needed flexibility in meeting their compliance obligations.


Memo
21-207
Thursday, October 21, 2021

CWC has learned that some federal agencies are asking their contractors to modify contracts that are not subject to the Biden Executive Order mandating COVID-19 vaccinations. In at least one case, the agency is threatening sanctions for failure to co


Memo
21-195
Wednesday, October 6, 2021

The Federal Acquisition Regulatory Council, the entity that administers federal procurement policy, has published the new COVID-19 vaccine mandate contracting clause that must be inserted in covered federal contracts beginning on or after November 14


Memo
20-222
Monday, November 9, 2020

OFCCP has extended, for two additional years, its audit scheduling moratorium for certain health care entities that provide supplies and services to participants in the Veterans Affairs Health Benefits Program (VAHBP).


Memo
20-196
Thursday, October 1, 2020

The appeals court ruled that even though the law in effect at the time referred only to Defense Department contractors, it should be interpreted to cover subcontractors as well, thus allowing a whistleblower retaliation lawsuit to proceed.


Memo
20-133
Friday, July 10, 2020

As expected, OFCCP has issued a final rule making clear that the agency disclaims any jurisdiction over entities whose only relationship with the federal government is participation in the Department of Defense TRICARE program.


Memo
20-134
Friday, July 10, 2020

The Administration’s latest semi-annual regulatory agenda shows a surprising amount of new activity being planned by the federal agencies that enforce worker protection requirements.


Memo
20-089
Friday, May 8, 2020

The so-called Franken amendment, which has been on the books for a decade, bars certain Department of Defense contractors from requiring employees to arbitrate Title VII claims. In one of the few federal appeals court decisions we’ve seen that interp


How-To Guides and Checklists
20-045
Friday, March 6, 2020

The “H” visa category is used by many U.S. businesses to fill open slots with qualified foreign workers. Because the rules can be complicated, we thought it might be helpful to update and reissue a guide to the H visa process that we prepared a few y


Memo
20-002
Friday, January 3, 2020

The “must-pass” bill signed by the President right before Congress adjourned contains several provisions of interest to CWC members, including a provision scheduled to go into effect two years from now that prohibits federal contractors from requesti


Memo
19-252
Friday, December 6, 2019

As with its five previous regulatory agendas, this latest agenda published by the Trump Administration continues the focus on initiatives designed to ease rather than increase the burden on covered entities. Our memo summarizes what to expect during


Memo
19-110
Friday, May 31, 2019

The Trump Administration’s latest semi-annual regulatory agenda summarizes actions that OFCCP, the EEOC, and other agencies of interest to CWC members are expected to take within the next 12 months. Two new items of interest deal with the procedures


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