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

Client Alert | 1 min read | 10.26.16

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).”

Insights

Client Alert | 2 min read | 12.19.25

GAO Cautions Agencies—Over-Redact at Your Own Peril

Bid protest practitioners in recent years have witnessed agencies’ increasing efforts to limit the production of documents and information in response to Government Accountability Office (GAO) bid protests—often will little pushback from GAO. This practice has underscored the notable difference in the scope of bid protest records before GAO versus the Court of Federal Claims. However, in Tiger Natural Gas, Inc., B-423744, Dec. 10, 2025, 2025 CPD ¶ __, GAO made clear that there are limits to the scope of redactions, and GAO will sustain a protest where there is insufficient evidence that the agency’s actions were reasonable....