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Federal Acquisition Regulation (FAR) Council Proposed Rule: Limitations on Subcontracting Revisions

On January 17, the Department of Defense, General Services Administration, and National Aeronautics and Space Administration published a Proposed Rule amending the FAR and implementing changes made by the Small Business Administration.  The Proposed Rule will update and clarify requirements for limitations on subcontracting and the nonmanufacturer rule.  The Proposed Rule is available here.  Comments close March 18, 2024.

General Services Administration (GSA) Final Rule: GSA Acquisition Regulation (GSAR), Standardizing Federal Supply Schedule (FSS) Clause and Provision Prescriptions

On January 12, GSA published a Final Rule amending the GSAR to clarify when GSAR clauses apply to FSS contracts.  GSA may delegate certain responsibilities to other agencies (i.e., GSA has delegated authority to the Department of Veterans Affairs (VA) to procure medical supplies under the VA Federal Supply Schedules Program).  Such delegation provides the authorized agency autonomy over their resulting contract. The contract is published on the FSS website, and often looks like every other available FSS contract apart from the naming convention.  Contracts administered solely by GSA have a “GS” naming convention.  This change will streamline the prescription language.  Prescription language is the language that instructs when a clause is to be applied when establishing a Schedule contract.  The Final Rule is available here and will be effective February 12, 2023. 

Pentagon unveils its long-awaited defense industry strategy, Defense One

The first-of-its-kind document aims to address fragile supply chains revealed by a global pandemic and simultaneous international conflicts.  Read more here

Upcoming Government Contracts Presentations

WEBINAR: Unlocking the Secrets of Debriefings, Government Evaluation of Proposals and Protests, January 25, 2024, Katherine B. Burrows and Eric Valle.  Read more here.

WEBINAR: 2024 Small Business Regulatory Year in Review, January 30, 2024, Jon Williams.  Read more here.

WEBINAR: Navigating the FAR/DFARS: The Most Confusing and Little-Known Clauses, January 31, 2024, Lauren Brier and Annie B. Hudgins.  Read more here.

CONFERENCE: Dating, Marriage, and Avoiding Divorce: Eliminating Failure in Mentor/Protégé Relationships, February 6, 2024.  Isaias “Cy” Alba, IV.  

CONFERENCE: Key Tactics for Successful 8(a) M&A Transactions, February 6, 2024, Isaias “Cy” Alba, IV and Abigail “Abby” L. Baker.  Read more here.



Department of Labor (DOL) News Release: DOL recovers $305K in back wages, damages for 47 workers after contractor failed to pay them for all hours worked; denied overtime

Investigators with the DOL’s Wage and Hour Division found a construction contractor did not pay the affected workers for all the hours they worked in violation of the Fair Labor Standards Act. They also determined the company owners failed to keep accurate records of employees’ hours worked as required by law. Read more here.

Upcoming Construction and Labor & Employment Presentations

WEBINAR: DBA Basics for Federal Construction Contractors, February 12, 2024, Nichole D. AtallahSarah L. Nash. Read more here.



Department of Labor (DOL) News Release: Court enters consent order for contractor to pay $13K in back pay, punitive damages for retaliating against employee

On January 12, DOL announced that, after an investigation, the U.S. District Court for the District of Connecticut entered a consent judgment requiring a government contractor based in New Bern, North Carolina, to pay a total of $13,085 in back pay and punitive damages to an employee for violating the anti-retaliation provisions of the Fair Labor Standards Act. Read more here

Department of Labor (DOL) News Brief: DOL recovers $132K in back wages, liquidated damages for workers; assesses penalties to Clearwater roofing contractor that denied overtime

On January 11, DOL announced that investigators found a Clearwater roofing contractor of mobile and manufactured homes failed to pay overtime for its employees as required by the Fair Labor Standards Act. Specifically, the employer paid workers by the piece, but failed to pay the time-and-one-half rate for hours worked over 40, did not include non-discretionary bonuses in the employees’ regular rate when computing overtime payments, and failed to maintain time records outlining start and stop times for employees’ workdays. Read more here.

White House looks to eliminate college degree requirements for cyber jobs with federal contractors, Government Executive

The new National Cyber Director Harry Coker, in his first public remarks since starting the job in December, said that the White House intends “to reduce unnecessary barriers” federal contractors face in filling cybersecurity jobs, like requirements for four-year college degrees.  Read more here.

DC Set to Require Pay Transparency in Job Listings, Law360

The District of Columbia will soon require employers to include a pay range in job descriptions and bar them from asking applicants about their salary history after Mayor Muriel Bowser signed legislation Friday passed by the D.C. Council.  Read more here (subscription required).

Biden DOL’s ‘Vague’ Contractor Rule Targeted In Ga. Court, Law360, Peter McGuire

Freelance writers backed by a conservative legal organization aimed to revoke the Biden administration’s new rule on classifying workers as independent contractors, claiming in a lawsuit filed Tuesday that the “vague” directive violated federal law. Read more here (subscription required). The full article is attached.