In July 2014, President Obama signed the Fair Pay and Safe Workplaces Executive Order ("Executive Order"), which "seeks to increase efficiency and cost savings in the work performed by parties who contract with the Federal Government by ensuring that they understand and comply with labor laws. In particular, the Executive Order applies to contracts in excess of $500,000 and requires contractors to disclose labor violations within the past three (3) years. In addition, procuring agencies will need to take violations into consideration in determining whether to award a contract.
On May 28, 2015, the FAR Council published proposed regulations implementing the Fair Pay and Safe Workplaces Executive Order. The same day, the Department of Labor (DOL) issued proposed guidance to government agencies to help them implement the Executive Order and the proposed regulations. The proposed regulations and guidance require agencies to asses and analyze whether prospective contractors are responsible sources by looking at any past labor law violations. In addition, and as mandated by the Executive Order, prime contractors must also conduct a similar assessment of their subcontractors with subcontracts in excess of $500,000.
The initial comment period deadline was July 27, 2015 but was extended to August 11, 2015. The proposed regulations and the DOL guidance are lengthy and significant. Thus, after the first extension was announced, several members of Congress requested that the DOL and the FAR Council withdraw both or alternatively, provide an additional ninety (90) days for notice and comment "to ensure that interested parties have adequate time to review, assess, and provide meaningful input."
On August 5, 2015, the DOL published a notice in the Federal Register announcing that both it and the FAR Council had extended the notice and comment period for both the proposed regulations and guidance to August 26, 2015. It is unclear what the motivation is for this second extension of the comment period, but it falls short of the requested ninety (90) days and considering the far-reaching impacts of the regulations and guidance, should be extended further.
For any questions on the proposed regulations and DOL guidance, please contact us at: (808) 369-9710 or info@holomuaconsulting.com. To submit comments on the proposed regulations or guidance, please visit www.regulations.gov.
The initial comment period deadline was July 27, 2015 but was extended to August 11, 2015. The proposed regulations and the DOL guidance are lengthy and significant. Thus, after the first extension was announced, several members of Congress requested that the DOL and the FAR Council withdraw both or alternatively, provide an additional ninety (90) days for notice and comment "to ensure that interested parties have adequate time to review, assess, and provide meaningful input."
On August 5, 2015, the DOL published a notice in the Federal Register announcing that both it and the FAR Council had extended the notice and comment period for both the proposed regulations and guidance to August 26, 2015. It is unclear what the motivation is for this second extension of the comment period, but it falls short of the requested ninety (90) days and considering the far-reaching impacts of the regulations and guidance, should be extended further.
For any questions on the proposed regulations and DOL guidance, please contact us at: (808) 369-9710 or info@holomuaconsulting.com. To submit comments on the proposed regulations or guidance, please visit www.regulations.gov.
