Saturday, November 27, 2021

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OFCCP Publishes Proposal to Rescind “Problematic” Trump Administration Religious Exemption Rule

Jackson Lewis – Dating to 2017, the administration of former President Trump took steps to ensure the religious freedoms of employers in the face of what the administration perceived as curtailments of those freedoms, including by OFCCP.  Those efforts culminated in the final Rule to clarify the contours of the EO 11246 religious exemption. OFCCP stated […]
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Updates Regarding COVID-19 Vaccine Mandate for Federal Contractors Released

Foley Hoag – On November 4, 2021, the White House announced that the deadline for the federal contractor vaccination mandate will be extended to match the deadlines included in the new vaccination rules set forth by the Centers for Medicare & Medicaid Services and the Occupational Safety and Health Administration, respectively. “Covered contractor employees” of […]
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No Service Contract Act Price Adjustment for Amounts Paid In Excess of the Prevailing...

Abrahams Wolf-Rodda – Stobil Enterprises, was providing dietary and housekeeping services at a Veteran Affairs facility in San Antonio. Stobil submitted a request for equitable adjustment for cost increases as a result of defunct equipment they received, as well as for increase in wage rates due to increases in the prevailing wage rates and fringe […]
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Using Federal Procurement to Combat Climate Change: Recent Developments and Potential Paths Forward

Vinson & Elkins – On May 20, 2021, President Biden signed a long-anticipated Executive Order on Climate-Related Financial Risk. Executive Order (“EO”) 14030 establishes a policy “to advance consistent, clear, intelligible, comparable, and accurate disclosure of climate-related financial risk.” Notably, EO 14030 proposes to use federal procurement and lending programs as a test bed for […]
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U.S. Lawmakers Adopt Historic and Far Reaching Buy America Laws in Bipartisan Infrastructure Agreement

Kelley Drye – The historic infrastructure bill, now approved by the U.S. Congress and pending President Biden’s signature, includes broad policy provisions designed to improve governmental sourcing from U.S. manufacturing sectors.  These new statutory authorities aim to: (1) expand domestic preference procurement policies applicable to federal financial assistance programs for public works infrastructure; (2) Increase the […]
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Goodbye Commercial “Items”: FAR Council Replaces Definition with Commercial Products and Services

By John E. McCarthy Jr., J. Chris Haile, Nicole Owren-Wiest & M.Yuan Zhou of Crowell & Moring On November 4, 2021, the FAR Council issued a final rule replacing the FAR definition of “commercial item” with bifurcated definitions for “commercial product’’ and “commercial service.”  The rule implements Section 836 of the National Defense Authorization Act […]
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Untangling the Vaccine Mandate – Updates and Answers to Frequently Asked Questions

Morrison & Foerster – Much has developed in the rapidly evolving compliance world of Executive Order 14042, Ensuring Adequate COVID Safety Protocols for Federal Contractors (“EO 14042”). To date, nearly 40 agencies have issued class deviations implementing the EO’s requirements, most agencies have issued supplemental letters, guidance, or other memoranda, and the Safer Federal Workforce Task […]
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GAO Releases Annual Bid Protest Report to Congress for FY 2021, Identifies New “Top...

Crowell & Moring – On November 16, 2021, the U.S. Government Accountability Office (GAO) released its Annual Report on Bid Protests for Fiscal Year 2021. While GAO received slightly fewer protests in FY2021 than in the year prior, the overall protest “Effectiveness Rate”—meaning the percentage of cases in which the protester received relief, such as […]
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SBA Proposes Rule to Amend Employee-Based Size Standards

Pillsbury Winthrop Shaw Pittman – On November 2, 2021, the U.S. Small Business Administration (SBA) proposed to amend the SBA regulations to implement a 24-month period for calculating the size of a business concern under an employee-based size standard. Currently, the SBA uses a 12-month period for employee-based size calculations. This proposed amendment to the SBA’s […]
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New Guidance, New Rules, Injunctions, Oh My: Updates for Federal Contractors Under the COVID-19...

The Safer Federal Workforce Task Force Released new guidance concerning the requirements for federal contractors under Executive Order 14042. This new guidance supplements the original Task Force Guidance released in September. The Occupational Safety and Health Administration also issued its much awaited emergency temporary standards mandating vaccinations or testing for employees of employers with more […]
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