New Executive Order Shines Spotlight on Contractor Compliance With Labor Laws
Client Alert | 1 min read | 08.04.14
On July 31, 2014, the Obama Administration issued a new Executive Order that will lead to regulations requiring contractors bidding on procurement contracts in excess of $500,000 to disclose violations of various labor laws (including the FLSA, Service Contract Act, Davis-Bacon, ADA, ADEA, FMLA, NLRA, OSHA, Title VII of the Civil Rights Act and others, as well as "equivalent" state laws) occurring within the preceding 3-year period, make similar representations with regard to certain subcontractors, and provide updated information on a continuing basis after award. The "Fair Pay and Safe Workplaces Executive Order" will also expand the "Franken Amendment" limitation on contractors’ ability to enforce pre-dispute arbitration agreements as to certain types of employee claims and require federal agencies to designate a Labor Compliance Advisor tasked with facilitating compliance with labor laws, including "helping agency officials determine the appropriate response to address violations of the requirements of the labor laws" and "send[ing] information to agency suspending and debarring officials in accordance with agency procedures" (for additional discussion, see here).
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Client Alert | 4 min read | 10.30.26
Recent sustain decisions by the U.S. Government Accountability Office (GAO) in Fluor Federal Solutions, LLC and Reliance Test & Technology send a clear message: when an agency tries to fix a Procurement Integrity Act (PIA) violation by committing a second one, the cure can be just as fatal as the disease. The cases involved the U.S. Air Force’s $1.8 billion procurement for O&M services at Elgin Air Force Base. During discussions, the Air Force inadvertently released a pricing overview slide with all offerors’ bottom-line evaluated costs to Reliance Test & Technology, which immediately notified the agency of the error. In response, the Air Force decided to level the playing field by providing the same information to all the other offerors in the procurement, stating, “[o]fferors may consider this disclosure in their [final proposal revision].”
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