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Defense Contractors Begin To Feel Effect Of DoD Requirement To Provide Unique Item Identifiers And Unit Cost Information

Client Alert | less than 1 min read | 02.09.04

Many DoD contractors are recognizing the potential burden of a recent DoD clause compelling contractors to mark deliverable hardware valued in excess of $5,000 with a machine-readable, unique identification sufficient to last throughout the life of the hardware. The new DoD clause, included in solicitations issued starting January 1, 2004, can also require the same type of marking for subassemblies, components, and parts embedded within the hardware and further requires contractors to furnish the Government's unit acquisition cost, which in the case of fixed-price items is simply the unit price and in cost-type contracts is an estimate of the fully burdened unit cost at the time of delivery.

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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....