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Department of Labor Issues New Health & Welfare Fringe Benefits Rates for Contracts Covered by the Service Contract Act

Client Alert | 1 min read | 08.08.17

On July 25, 2017, the Department of Labor issued its annual memorandum increasing the health and welfare fringe benefits rate (H&W rate) for contracts covered by the Service Contract Act from $4.27 per hour to $4.41 per hour, with corresponding increases from $1.78 per hour to $1.91 per hour for Hawaii. In a new measure, the DOL set the H&W rate for contracts covered by Executive Order 13706, Establishing Paid Sick Leave for Federal Contractors, at $4.13 per hour ($ 1.63 per hour in Hawaii) to account for the additional paid sick leave benefits covered contractors must provide under E.O. 13706. These new H&W rates must be included in all bids or other service contracts awarded after August 1, 2017, but the rates do not automatically apply to existing contracts until contracting agencies modify the contracts with an updated wage determination.

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Client Alert | 2 min read | 05.14.26

Proposed DFARS Rule Could Require Disclosures and Mitigation Related to Foreign Ownership, Control, and Influence (FOCI) on Certain Unclassified Contracts

On May 7, 2026, the Department of War issued the long-awaited Proposed Rule to implement Section 847 of the FY 2020 National Defense Authorization Act (NDAA) regarding Foreign Ownership, Control or Influence (FOCI) requirements for contractors. The proposed rule would expand the applicability of FOCI reviews, requiring contractors and subcontractors on unclassified “covered contracts” — defense contracts and subcontracts valued in excess of $5 million that are not for commercial products and services — to submit FOCI disclosures to the Defense Counterintelligence and Security Agency (DCSA) for FOCI risk assessment (and as applicable, mitigation) as part of contract award. This would effectively require DCSA assessment and adjudication of FOCI considerations prior to contract award. Thus, both cleared and uncleared defense contractors would be subject to the rigorous DCSA disclosure requirements, scrutiny, and FOCI mitigation. Crowell discussed the Section 847 requirements in a prior alert....

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