The federal agencies charged with implementing President Obama’s July 31, 2014 Fair Pay and Safe Workplaces Executive Order1 have released their much-anticipated proposed rule on this directive. On May 27, 2015, the Department of Labor (DOL) issued a 106-page proposed guidance document, and the Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA), issued a 131-page proposed rule, governing the terms of the so-called “blacklisting” Executive Order (EO). If finalized in their current form, the rule and guidance would immediately upend the current system of federal contracting by enabling federal agencies to reject a bid or cancel an existing contract β as well as initiate suspension and debarment proceedings β based on labor and employment law violations that a contractor may have already resolved or that have already been adjudicated.
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