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Comment Period for 'Fair Pay and Safe Workplaces' Extended Again

Client Alert | 1 min read | 08.07.15

In an August 3 letter to eight committee and subcommittee chairs, the FAR Council and the Department of Labor indicated that the comment period for the "Fair Pay Safe Workplaces" proposed FAR Rule and related DOL Guidance would be extended to August 26 (from the current date of August 11, 2015). On July 15, as previously discussed here, the chairs of the House committees of jurisdiction sent a letter to Labor Secretary Perez and OFPP Administrator Rung citing procedural and substantive flaws with the rulemaking (explained in more detail on our Government Contracts blog) and requesting that the agencies withdraw it, or, at a minimum, extend the public comment period an additional 90 days.


Insights

Client Alert | 3 min read | 07.23.26

Protester Beware: Recent GAO Decision Suggests Traditional “Reasonable Possibility” Prejudice Standard May Be Evolving

It is well established that “[c]ompetitive prejudice is an essential element of every viable protest.” Yet, for decades, the U.S. Government Accountability Office (GAO) has tempered this requirement with two critical corollaries: protesters need only demonstrate a “reasonable possibility” that they were prejudiced by an agency’s actions, and GAO “will resolve doubts regarding prejudice in favor of the protester.” These principles have been consistent features of GAO’s bid protest jurisprudence for more than 30 years. See, e.g., United Int’l Eng'g, Inc., B-245448, Jan. 29, 1992, 71 CPD ¶ 177....