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Suit to Stop Fair Pay and Safe Workplaces Filed

Client Alert | 1 min read | 10.13.16

On October 7, the Associated Builders and Contractors filed suit in the U.S. District Court for the Eastern District of Texas to stop implementation of the Fair Pay and Safe Workplaces (FPSW) final rule, which is scheduled to become effective on October 25 (discussed here and here). The suit (a) seeks to have the underlying FPSW executive order, final FAR rule, and DOL guidance vacated because they allegedly exceed the Executive’s authority and conflict with laws enacted by Congress; and (b) argues that the FPSW disclosure requirements violate the first amendment and due process rights of contractors by forcing them to disclose allegations of labor and employment law violations that have not been fully adjudicated.

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....