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Idle Your Engines: Feds Instruct Agencies to Stand Down on "Fair Pay and Safe Workplaces"

Oct.26.2016

On October 25, OFPP issued a Memorandum for Chief Acquisition Officers instructing agencies to refrain from implementing the “Fair Pay and Safe Workplaces” final rule (which was enjoined by a federal court on October 25, as discussed here) and ensure that “new solicitations do not include representations or clauses that the enjoined coverage of the rule would have required” and that, “[i]f a solicitation has been issued with [the] representations or clauses …, amend those solicitations immediately to remove” them. The memorandum also states that GSA has “halted actions to release the changes for the System for Award Management (SAM) that would support bidder and contractor submission of information on labor law violation decisions” and those that “would support public disclosure of this information in the Federal Awardee Performance and Integrity Information System (FAPIIS).”


Associate Laura Baker (not admitted in the District of Columbia, practice supervised by partners of the firm) also contributed to this alert.


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Stephen J. McBrady
Partner – Washington, D.C.
Phone: +1 202.624.2547
Email: smcbrady@crowell.com
Kris D. Meade
Partner – Washington, D.C.
Phone: +1 202.624.2854
Email: kmeade@crowell.com
David B. Robbins
Partner – Washington, D.C.
Phone: +1 202.624.2627
Email: drobbins@crowell.com
Jason M. Crawford
Associate – Washington, D.C.
Phone: +1 202.624.2562
Email: jcrawford@crowell.com