"Fair Pay and Safe Workplaces" Final Rule and Guidance: What You Need to Know Webinar

September 7, 2016 • Webinar

On August 25, 2015, the Obama Administration published the highly-anticipated final FAR rule and DOL guidance implementing the “Fair Pay and Safe Workplaces” executive order. In response to industry feedback on the proposed rule, the FAR Council and DOL made significant changes regarding the implementation of the rule. Nonetheless, many in industry are still concerned that the rule will unfairly “blacklist” them from procuring government contracts.

Under the new rule, contractors bidding on covered contracts will be required to disclose whether there have been any “administrative merits determination,” “arbitral award or decision,” or “civil judgment” – key terms defined by the DOL Guidance –rendered against the contractor for violations of 14 enumerated labor and employment laws. Under the rule, contracting officers are required to consider this information as part of the responsibility determination, potentially impacting a contractor’s eligibility for award. Starting on October 25, 2016, the rule will be implemented in phases, and contractors and subcontractors should begin preparing for day-one readiness.

Please join Crowell & Moring for a discussion of the following key areas:

• Applicability and implementation of “Fair Pay Safe Workplaces”
• The labor law violation disclosure process for contractors and subcontractors
• The categories of violations that can trigger a negative responsibility finding
• Mitigation of suspension and debarment risk
• Potential Congressional action and legal challenges
• What contractors should be doing to prepare for day-one readiness
  

• Stephen J. McBrady
  
• Kris D. Meade
  
• Rebecca L. Springer
  
• Jason M. Crawford