GovConLaw Blog
Contractors Need to Be Cautious in Taking Exceptions to Solicitation Terms
It is well established that a procuring agency may only accept an offer that conforms to the material terms of the solicitation. A solicitation term is material where it has more than a negligible impact on the price, quantity, quality, or delivery. Generally, the...
Employers Beware: DOL May Debar More Employers Who Violate Foreign Labor Programs
Employers who use foreign labor should be aware that the Department of Labor (DOL) may be seeking to debar more persons who violate foreign labor programs in the near future. Recently, DOL's Office of Inspector General (OIG) issued a report criticizing DOL's...
GAO Finds Brand Name Procurement Impermissible
Competition is a fundamental principle of federal procurements. The Government is not permitted to limit a procurement to brand name items unless the particular brand name product or service has a feature that is essential to the Government's requirements and the...
DOL to Revise Interpretation of Who Is an Independent Contractor
The Department of Labor (DOL) recently published a Notice of Proposed Rulemaking on its decision to revise its interpretation of whether workers are employees or independent contractors under the Fair Labor Standards Act (FLSA). 85 FR 60600 (Sep. 25, 2020). FLSA...
DoD Issues Interim Rule Implementing CMMC and a NIST SP 800-171 Assessment
On September 29, 2020, the Department of Defense (DoD) issued its long anticipated interim rule implementing the Cybersecurity Maturity Model Certification (CMMC) framework. 85 FR 61505 (Sep. 29, 2020). Along with issuing a new DFARS clause to implement CMMC, DoD...
President Issues New Executive Order Controlling Contractor Diversity Training
On September 22, 2020, President Trump issued an Executive Order entitled “Combating Race and Sex Stereotyping” to battle what he calls "offensive and anti-American race and sex stereotyping and scapegoating." The Executive Order states that instructors and materials...
OFCCP Seeks to Introduce Affirmative Action Program Verification Interface
Recently, the Department of Labor, Office of Federal Contract Compliance Programs (OFCCP) published a notice soliciting comments on its September 2020 proposal to obtain approval from the Office of Management and Budget (OMB) to implement the Affirmative Action...
FAR Council Issues Proposed Rule to Increase Domestic Content Requirements Under the Buy American Act
On September 14, 2020, the FAR Council finally issued a proposed rule to implement Executive Order 13881, Maximizing Use of American-Made Goods, Products, and Materials. 85 FR 56558 (Sep. 14, 2020). The Executive Order, which the President signed back on July 15,...
Minimum Wage For Federal Contractors to Increase to $10.95 in 2021
Effective January 1, 2021, federal government contractors will be required to pay their employees working on or in connection with a government contract at least $10.95/hour – an increase of $0.15/hour over the 2020 minimum wage. 85 FR 53850 (Aug. 31, 2020). Fringe...
Another Reminder for Bidders to Monitor beta.SAM.gov
The Federal Government is required to notify potential bidders of its procurement activities, such as solicitations and sole source awards. In general, this notice is done through the posting on the Federal Government’s official governmentwide point of entry (GPE) –...
FAR Council Amends Interim Rule on Chinese Telecommunications Ban to Update Certification Requirements
By now, government contractors should be familiar with the Federal Government’s ban on government contractors both supplying and using covered telecommunications equipment and services. Covered telecommunications equipment or services are: Telecommunications...
OSHA Received Increased Number of Whistleblower Complaints During the First Four Months of the COVID-19 Pandemic
The Department of Labor (DOL) Office of Inspector General (OIG) recently issued an audit report on OSHA’s handling of whistleblower complaints during the COVID-19 pandemic. The audit was performed due to concerns about the health and safety of workers and whether...
