Govconlaw Blog
Foreign Contractor Can’t Avoid Bonding Requirement
By: Lori Lange
Published Date: May 24, 2021
Government construction contracts in excess of $150,000 require contractors to furnish payment and performance bonds. FAR 28.102-1(a). When these bonds are required, bonds supported by corporate sureties must be issued by sureties whose names appear on the Treasury Department Circular 570 list. FAR 28.202(a). However, the Contracting Officer can waive this requirement for contracts performed outside the United States if [...] Read More
DOL Withdraws Trump Administration Independent Contractor Rule
By: Lori Lange
Published Date: May 13, 2021
On May 6, 2021, the Department of Labor (DOL) withdrew its Independent Contractor rule. The withdrawal follows a March 2021 notice of proposed rulemaking issued by the DOL citing several reasons why the rule should be withdrawn. The rule, published on January 7, 2021, would have provided a new interpretation of who is an employee and who is an independent [...] Read More
Biden Raises the Minimum Wage for Federal Government Contractors and Subcontractors to $15/Hour Effective January 30, 2022
By: Lori Lange
Published Date: May 10, 2021
On April 27, 2021, President Biden issued an Executive Order on Increasing the Minimum Wage for Federal Contractors, requiring covered government contractors and subcontractors to pay workers performing work on or in connection with a government contract at least $15.00/hour. The increase, which is generally effective on January 30, 2022, comes four months after President Biden directed his administration to [...] Read More
DOL Ends Its PAID Program
By: Lori Lange
Published Date: February 5, 2021
Recently, the Biden Administration reversed another program put in place by the Trump Administration. This time it abolished a self-audit program for employers to identify potential violations of labor laws regarding wage and overtime compensation. The program also included a process for expedited resolution of the violations that, if followed, would cut off employees’ rights to bring private actions seeking [...] Read More
Buy American Update: FAR Final Rule & New Executive Order
By: Lori Lange
Published Date: February 4, 2021
The Buy American rules are in a state of flux and it is difficult to predict what the final requirements will be in the future. Shortly after the FAR Council issued the final Buy American rule, the Biden Administration proposed significant changes to the Buy American requirements that will increase the use of goods made in America on government contracts [...] Read More