Following the announcement of the White House’s Executive Order on Maintaining American Leadership in Artificial Intelligence (EO) and the Department of Defense’s (DOD) Artificial Intelligence Strategy (AI Strategy) in February, as reported on here, the United States recently endorsed the Organization for Economic Co-operation and Development Council’s (OECD) Recommendation on Artificial Intelligence (Recommendation) –
Final FAR Rule on Internal Confidentiality Agreements: Considerations for Contractors Before Employees Sign on the Dotted Line
On January 13, 2017, the FAR Council released a final rule (available here) that: (1) prohibits agencies from contracting with entities that require employees/subs to sign internal confidentiality agreements or statements that restrict the lawful reporting of waste, fraud, or abuse; and (2) requires bidders on federal contracts to certify that they do not utilize such agreements. Starting on January 19, 2017, the rule will apply to all solicitations and contracts using fiscal year 2015 funds and subsequent fiscal year funds, unless the solicitation or contract already contains a comparable provision/clause.
Continue Reading Final FAR Rule on Internal Confidentiality Agreements: Considerations for Contractors Before Employees Sign on the Dotted Line
Hold That Thought: OFPP Memo Stops FPSW Implementation
After a U.S. district court issued a preliminary injunction enjoining implementation of the “Fair Pay and Safe Workplaces” final rule (discussed here), OFPP issued a Memorandum for Chief Acquisition Officers on October 25 instructing federal agencies to refrain from implementing the enjoined portions of the final rule, and to “immediately” amend any solicitations containing
Stop the Press: District Court Enjoins Implementation of “Fair Pay and Safe Workplaces”
On October 24, the U.S. District Court for the Eastern District of Texas issued a preliminary injunction, enjoining the Government from implementing the “Fair Pay and Safe Workplaces” final rule (with a small carve out for the “paycheck transparency” requirements). Specifically, the Court enjoined the Government from (i) implementing any portion of the FAR
Primer on the “Fair Pay and Safe Workplaces” Final Rule and Department of Labor Guidance
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
Join Crowell & Moring for our Webinar on the “Fair Pay and Safe Workplaces” Final Rule and Guidance on Wednesday, September 7th
On Wednesday, September 7th, 2016 at 12 PM Eastern, join us for a webinar titled “Fair Pay and Safe Workplaces” Final Rule and Guidance: What You Need to Know. During this 90-minute webinar, a team of Crowell & Moring government contracts and labor & employment attorneys will discuss how contractors bidding on
Fair Pay and Safe Workplaces Final Rule and Guidance Released
On August 25, 2016, the Obama Administration published the long-awaited Federal Acquisition Regulation (FAR) final rule and Department of Labor (DOL) final guidance implementing the “Fair Pay and Safe Workplaces” executive order (“Executive Order”) (available here and here). The underlying executive order has been amended (available here) with purportedly technical corrections to conform
Administration Walks Back “Economic Significance” Designation of New Rules
In the latest twist to the Administration’s roll-out of the new “Fair Pay and Safe Workplaces” rules, OIRA now identifies the rules as Economically Significant (a change from several days ago, discussed here), which means that the administration will have to provide a more detailed assessment of the likely benefits and costs of the
Wait, What? Administration Now Designates “Fair Pay and Safe Workplaces” as Not Economically Significant
In a sign that the Obama Administration may be preparing to rush the publication of the FAR Council’s final rules implementing the “Fair Pay and Safe Workplaces” executive order in order to avoid timing problems associated with the Congressional Review Act, the White House’s Office of Information and Regulatory Affairs (responsible for reviewing the
“Fair Pay and Safe Workplaces” Rules Head to White House for Final Review
On May 4, 2016, the FAR Council’s draft final rules and the Department of Labor’s draft final guidance implementing the “Fair Pay and Safe Workplaces” Executive Order arrived at the White House’s Office of Information and Regulatory Affairs (OIRA) for review, setting in motion the final steps prior to the issuance of burdensome new compliance