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|Is the End Near for Race-Conscious Contracting Programs? Federal Contractor Challenges the 8(a) Minority Business Development Program|
Edward T. DeLisle, Kayleen Egan, Maria L. Panichelli; Cohen Seglias Pallas Greenhall & Furman PC;
August 25, 2014, previously published on August 12, 2014Is the Small Business Administration’s (“SBA”) minority business development program, also known as the “8(a) Program” unconstitutional? The legality of the program has been a hot topic of debate over the year, most recently due to a significant DC District Court...
|Discretionary Protection - State Bonding Requirements in P3 Projects|
Vianney Lopez; Smith, Currie & Hancock LLP;
August 25, 2014, previously published on August 19, 2014Public-private partnerships (“P3s”) have become an increasingly popular procurement method for public projects. P3s refer to the partnership between a public government agency—which can be federal, state, or local—and a private entity. The private entity’s role in...
|Texas Supreme Court Applies Economic Loss Rule to Limit Tort Claims by Contractors Against Owner's Design Professionals|
Scott W. Cowan, Christopher H. Domingo, Daniel D. McMillan, Andrew D. Ness, J. Laurens Wilkes; Jones Day;
August 21, 2014, previously published on August 2014In a June 20 decision, the Texas Supreme Court applied the economic loss rule to preclude a direct claim for negligent misrepresentation by a construction contractor against an owner's architect based on flawed design documents. LAN/STV v. Martin K. Eby Constr. Co., No. 11-0810, 2014 Tex. LEXIS...
|New Executive Order Will Require Contractors to Disclose Labor Violations|
Lori Ann Lange; Peckar & Abramson, P.C.;
August 19, 2014, previously published on August 2014As part of his Year of Action, on July 31, 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order. The Executive Order will require contractors who are bidding on federal government contracts in excess of $500,000 to disclose their federal and state labor law violations, as...
|Recent Developments for Federal Contractors|
Peter R. Rich; Spilman Thomas & Battle, PLLC;
August 19, 2014, previously published on August 11, 2014Companies and individuals seeking to do business with the federal government have been targeted in the “year of action” promised by President Barack Obama. The President has taken steps to impose a number of additional labor and employment-related obligations on federal contractors in...
|U.S. Department of Labor Proposes Rule to Collect Compensation Data from Federal Contractors|
Duane Morris LLP;
August 18, 2014, previously published on August 12, 2014On August 6, 2014, the U.S. Department of Labor (DOL) announced a proposed rule that would require most federal contractors and subcontractors annually to submit Equal Pay Reports on employee compensation to the Office of Federal Contract Compliance Programs (OFCCP). The aim of the proposed rule is...
|The new Goods and Services Public Procurement Act|
Fernando García, Lorena Pavic; Carey;
August 15, 2014In July of 2003, the Public Procurement of Goods and Services Act ("Public Procurement Act") was issued. Its purpose was to unify the existing regulation of public procurement, protecting the principles of transparency and competition.
|Aren't We Done Yet? More OFCCP Reporting Requirements on the Horizon|
Joshua D. Prentice, Suzanne Sumner; Taft Stettinius & Hollister LLP;
August 13, 2014, previously published on August 11, 2014On Aug. 8, 2014, the Office of Federal Contract Compliance Programs (“OFCCP”) issued a proposed rule that could require certain U.S. federal government contractors and subcontractors to submit an annual Equal Pay Report on employee compensation. The report would consist of summary data...
|OFCCP Will Require Contractors to File Equal Pay Report|
Linda Cavanna-Wilk, Karen M. Tyner; Ford & Harrison LLP;
August 12, 2014, previously published on August 11, 2014Executive Summary: Implementing the President's April 2014 Memorandum directing the Department of Labor to develop a data collection tool to advance the goal of pay equity, the Office of Federal Contract Compliance Programs (OFCCP) has published a Notice of Proposed Rulemaking (NPRM) requiring...
|Another Hoop For Government Contractors: The Fair Pay and Safe Workplaces Executive Order|
Jeffrey Miller, Laura D. Windsor; Williams Mullen;
August 12, 2014, previously published on August 8, 2014On Thursday, July 31, 2014, President Obama signed another in a series of recent Executive Orders targeting employment practices of federal government contractors and subcontractors. Under the “Fair Pay and Safe Workplaces” Executive Order (the “EO”), federal contractors and...