GSA Orders Fair Pay and Safe Workplaces Clause Stricken from Federal Contracts

The Fair Pay and Safe Workplaces Final Rule, which required anyone bidding for a federal contract to voluntarily report any state or federal labor law violations when applying, has already been killed twice — by legislative and executive action — since Donald Trump was sworn in, and now the General Services Administration (GSA) has ordered it stricken from any contracts.

The recently issued GSA memorandum on the rule states  that no solicitations and contracts dated after Jan. 1, 2017, should contain language based on the Fair Pay and Safe Workplaces Final Rule. If a contract issued after that date contains language pertaining to the rule, the GSA says the contract should be rewritten. Future contracts are barred from containing such language as well.

The Obama-era rule, when it came out, was quickly dubbed the “Blacklisting” and “Bad Actors” executive order because it required anyone bidding for a federal contract to reveal adverse legal and regulatory actions upon applying.

Since the final implementing rule was promulgated with fewer than 60 legislative days remaining, the new 2017 Congress, dominated by business-friendly Republicans, was able to use the Congressional Review Act (CRA) to pass a resolution disabling the rule, while President Trump was able to use his pen to issue an executive order countermanding the original presidential order.

NOTE: The details in this blog are provided for informational purposes only. All answers are general in nature and do not constitute legal advice. If legal advice or other expert assistance is required, the services of a competent professional should be sought. The author specifically disclaims any and all liability arising directly or indirectly from the reliance on or use of this blog.
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