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A-76 Mix And Match Faulted By GAO

Client Alert | less than 1 min read | 08.16.04

In Career Quest (Aug. 2, 2004), GAO sustained a protest of the GSA's decision under OMB Circular A-76 that it was more economical to continue performance of services in-house at the National Customer Support Center, as the agency evaluated the in-house offeror's technical performance plan based on a higher level of staffing than the same offeror included in its cost of performance. Inconsistencies between in-house offerors' staffing levels for compliance with work requirements and those it uses for calculating the cost of performance remain a persistent problem in A-76 competitions, and this decision sends the message that GAO will be alert to such shell games.

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Client Alert | 4 min read | 03.05.26

DOL’s Proposed Independent Contractor Rule Reverts to Prioritize Two Core Factors – Likely Limiting Misclassification Claims by Contractors

The U.S. Department of Labor (DOL) has proposed another revision to independent contractor regulations, one that would provide for more leeway in classifying workers as contractors. DOL’s proposed rule, published on February 26, 2026, would rescind the Biden DOL’s March 2024 independent contractor regulation and reinstate a framework substantially tracking the prior Trump rule of January 2021. The proposed rule would also apply the narrower analysis to worker classifications under the Family and Medical Leave Act (FMLA) and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). The comment period closes in late April 2026; until then, the 2024 rule remains in effect for purposes of private litigation....