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Many federal government contractors and subcontractors have expressed valid concerns about the new “Fair Pay and Safe Workplaces” final rule (and accompanying Department of Labor guidance), which among other things will require companies bidding on covered contracts and subcontracts to disclose “administrative merits determinations,” “arbitral award or decisions,” and “civil judgments” rendered against the company under 14 separate labor and employment laws.  Contracting officers, in turn, will be required to consider this labor compliance information as part of their responsibility determinations, potentially impacting contractors’ eligibility for award, and/or leading to fertile new bid protest grounds. 

On September 7th, we presented a client webinar titled “Fair Pay and Safe Workplaces Final Rule and Guidance: What You Need to Know,” designed to provide an in-depth summary of the rules and guidance (linked here). 

For more information, please contact the professionals listed above or your regular Crowell & Moring contact.