Government Contracts

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
24-002
Wednesday, January 3, 2024

The Department of Labor has issued a final rule reinstating a policy implemented during the Obama Administration and rescinded by the Trump Administration that requires a successor contractor covered by the federal Service Contract Act to offer emplo


Memo
23-196
Monday, October 9, 2023

The minimum wage rate on certain government contracts subject to coverage under separate Executive Orders issued by Presidents Obama and Biden will increase on January 1, 2024.


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
23-098
Tuesday, May 16, 2023

President Biden has issued an Executive Order officially rescinding the federal contractor COVID-19 vaccine mandate, effective May 12, 2023.


Memo
23-086
Monday, May 1, 2023

The Ninth Circuit, contrary to decisions issued by three other federal appeals courts, has ruled that President Biden acted within his authority under the federal Procurement Act in issuing a 2021 Executive Order requiring federal contractors to ensu


Memo
23-085
Wednesday, April 26, 2023

The federal appeals court rejected a novel claim brought by a group of employees working for a government contractor that the company’s denial of their religious exemption request from a COVID-19 vaccine mandate was a violation of their Constitutiona


Memo
23-069
Monday, April 3, 2023

Two influential Republican members of Congress have written to the Biden Administration expressing concern that its “labor advisor” program smacks of the controversial Obama-era “blacklisting” rule that was shut down by Congress before it ever went i


Memo
23-017
Monday, January 23, 2023

MEMBER FEEDBACK REQUESTED. In a continuing sign that the Biden Administration believes a company’s labor law compliance should be taken into account in awarding federal contracts, it has instructed the major federal contracting agencies to designate


Memo
23-009
Wednesday, January 11, 2023

Another federal appeals court has concluded that President Biden exceeded his authority in issuing a September 2021 Executive Order that required employees working on covered government contracts to be vaccinated against COVID-19. That Order was neve


Memo
22-238
Tuesday, December 20, 2022

As we predicted, the final version of the “must-pass” National Defense Authorization Act approved by Congress earlier this month stripped out most of the labor union wish list provisions that the House of Representatives loaded into its version of th


Memo
22-207
Tuesday, November 1, 2022

As expected, OFCCP has informed federal contractors that they must begin using the EEOC’s new “Know Your Rights” poster to replace the familiar “EEO is the Law” poster and poster supplement that contractors have been using for years to meet OFCCP pos


Memo
22-193
Monday, October 10, 2022

Two different Presidential Executive Orders set a higher minimum wage rate on certain government contracts depending on when the contract was executed. Pursuant to an escalator clause contained in each E.O., the minimum wage rate under each will incr


Memo
22-190
Wednesday, October 5, 2022

Calls we’ve received from some of our members lately indicate that there may be some confusion out there among agency contracting officers regarding OFCCP’s “Pre-Award Registry.” Our memo explains what the Registry is and how it is designed to be use


Memo
22-181
Monday, September 26, 2022

OFCCP has received approval from the White House Office of Management and Budget to continue its Functional Affirmative Action Program option for another three years. The program as extended contains some welcome improvements that may encourage great


Memo
22-175
Thursday, September 15, 2022

MEMBER FEEDBACK REQUESTED. The Labor Department’s Office of Labor-Management Standards has published a proposal that would require an employer covered by obligations to disclose certain expenditures related to union organizing activity to indicate wh


Memo
22-167
Tuesday, September 6, 2022

OFCCP has officially launched its new online Notification of Construction Contract Award Portal as the preferred, albeit optional, way for covered federal construction contractors to meet their obligation to notify the agency of certain subcontract a


Memo
22-165
Wednesday, August 31, 2022

A federal appeals court has narrowed a nationwide injunction that prevented the Biden Administration from enforcing its controversial federal contractor COVID-19 vaccine mandate. That said, there are no signs that the administration intends to move f


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
22-058
Monday, March 28, 2022

CWC’s comments to the Department of Agriculture urge the agency to withdraw a proposed rule that would allow USDA to deny government contracts to a company based on USDA’s assessment of the company’s labor law compliance.


Memo
22-045
Tuesday, March 8, 2022

The U.S. Department of Agriculture is proposing to revise its procurement rules to take into consideration a prospective contractor’s labor law compliance before awarding a contract. The proposal is similar to the “blacklisting” proposal that USDA pu


Memo
22-009
Tuesday, January 18, 2022

The U.S. Supreme Court last week blocked implementation of the Occupational Safety and Health Administration’s emergency standard requiring larger employers to ensure their employees have been vaccinated against COVID-19 or submit to weekly testing.


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
21-207
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


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