Wednesday, December 1, 2021

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The DBI21 – New DOL Davis-Bacon Initiative 2021 Seeks Your Feedback

Abrahams Wolf-Rodda – The U.S. Department of Labor (“DOL”) recently sent around an email soliciting “feedback” from interested parties about the Davis-Bacon Act (“DBA”). The inquiry references a Spring 2021 “Davis-Bacon Initiative (DBI21).” This is the first time I heard of the initiative. Presumably, DOL is acting at the behest of the building and & […]
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Important Updates on Federal Contractor Vaccine Mandate—Deadline Extended and Flexibility Added

McCarter & English – With the addition of new answers to frequently asked questions on November 1, and the November 4 “Fact Sheet” issued by the White House accompanying the rollout of the Department of Labor’s Occupational Safety and Health Administration (OSHA) and Centers for Medicare & Medicaid Services (CMS) vaccination requirements for, respectively, employers […]
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10 States Sue Centers for Medicare & Medicaid Over COVID-19 Vaccine Mandate for Healthcare...

Jackson Lewis – On November 10, 2021, 10 states led by Eric S. Schmitt, the attorney general of the State of Missouri, filed a lawsuit in the U.S. District Court for the Eastern District of Missouri seeking a declaratory ruling, as well as preliminary and permanent injunctions enjoining CMS from imposing the IFR’s mandate. Alaska, […]
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Bellwether Military Earplug Verdicts Underscore Importance of Establishing the Government-Contractor Defense

Husch Blackwell – In the most recent round of the long-running litigation over hearing protection supplied by manufacturing giant 3M and used by U.S. Military personnel from 2002 until 2015, Plaintiffs have obtained large verdicts in 3 out of 4 bellwether cases against 3M. Read the full post at Husch Blackwell
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Records in Bid Protest Become More Complete – COFC Sanctions the Government for AR...

By Richard Arnholt of Bass Berry & Sims In an opinion first publicly released on November 3, the Court of Federal Claims (COFC) took the somewhat usual, but not unheard of, step of sanctioning the government for mishandling the administrative record (AR) in a bid protest. Contractors can take heart that COFC will hold the […]
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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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