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Fair Pay and Safe Workplaces Proposed Rule and Guidance: What You Need to Know

Webinar | 06.10.15, 9:00 AM EDT - 10:00 AM EDT

Please click here to listen to a recording of the webinar. Please click here for a copy of the presentation.

On May 28, 2015, the Obama Administration published the highly-anticipated proposed FAR rule and proposed DOL guidance implementing the “Fair Pay and Safe Workplaces” Executive Order (EO).  The proposed rule and guidance trigger a 60-day public comment period and provide details as to the onerous compliance and reporting burdens that contractors and subcontractors will face after final rulemaking. Implementing what is often referred to as the “Blacklisting” EO, the new rule and guidance – if implemented – will inject subjectivity into the contract award process, as “Agency Labor Compliance Advisors” make recommendations to contracting officers with respect to responsibility determinations, based on new and ambiguous standards set forth in the proposed guidance.

Please join Crowell & Moring for a discussion of the following key areas:

  • The applicability and implementation of “Fair Pay Safe Workplaces” 
  • The “labor law violation” disclosure process
  • Analysis of the rule’s effect upon responsibility determinations
  • The three categories of violations that can trigger a negative responsibility finding, including “administrative merits determinations” that are reached before a hearing on the merits 

For more information, please visit these areas: Litigation and Trial, Government Contracts , Labor and Employment

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Webinar | 03.12.26

On-Going Government Audits of Small Business Programs: Why the Federal Government’s Focus on ‘Waste, Fraud, and Abuse’ Impacts Both Large and Small Contractors

The federal government has identified purported ‘waste, fraud, and abuse’ in small business programs as a major focus of its current enforcement efforts. As it relates to federal procurement, we have seen audits and investigations rolled out not only of active participants in the Small Business Administration’s 8(a) Business Development Program but also reviews of various types of small business contracts (such as 8(a) sole source and set-aside awards, preference-based awards, and small business set-aside awards over particular values). Join Crowell & Moring as we discuss what aspects of contract performance and teaming arrangements are being scrutinized (e.g., size/status eligibility, limitations on subcontracting compliance, reasonableness of market rates, etc.) and how these considerations can impact both small government contractors holding the prime contracts under review and their subcontractors. ...