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Contractors Must Check Everywhere "Reasonable" On FedBizOpps

Client Alert | 1 min read | 10.04.05

In Jess Bruner Fire Suppression (GAO Aug. 19, 2005 http://www.gao.gov/decisions/bidpro/296533.htm), the agency posted a notice and solicitation under a simplified acquisition for multiple subregions on only one subregion's site within the FedBizOpps web site, rather than on the site of either the whole region or of each of the subregions for which the services were needed, and the protester complained that it did not see the notice because it did not check subregions for which it was not interested. While criticizing the agency's claim that it would have been "cumbersome" to post on multiple sites and noting it would have been very cumbersome for the protester to search regularly by geographical region to find the materials, GAO held that the posting met the minimum legal requirements.

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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....