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Contractor Wins Directed Award In A-76 Protest

Client Alert | less than 1 min read | 02.13.04

The GAO in BAE Systems Tech. Servs., Inc. (Jan. 28, 2004) (represented by C&M), directed the Navy to award a contract to the private offeror in an A-76 competition in which the in-house entity failed to comply with, or include costs for, various solicitation requirements. GAO determined that the agency's post-protest attempts to cure the in-house offer’s deficiencies were "inappropriate" and damaging to "the integrity of the A-76 process" and criticized the agency for failing to perform the independent review mandated by the A-76 process when it reviewed the in-house offeror’s compliance with only one portion of the solicitation, rather than all.

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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....