September 30, 2014 •
Appeals Court Hears Arguments Challenging Ban on Federal Contractors’ Political Contributions
Today, the U.S. District Court of Appeals for the District of Columbia will sit en banc to hear oral arguments challenging the constitutionality of barring contractors from contributing to candidates, parties, and their committees. On November 2, 2012, in Wagner […]
Today, the U.S. District Court of Appeals for the District of Columbia will sit en banc to hear oral arguments challenging the constitutionality of barring contractors from contributing to candidates, parties, and their committees.
On November 2, 2012, in Wagner v. Federal Election Committee, a District Court rejected challenges to the constitutionality of section 441c of Title 2 of the U.S. Code, which prohibits any vendors with contracts with the federal government from making political contributions to federal candidates or political parties. The case, initially brought by the ACLU, asked the court to declare the law unconstitutional as applied to individuals who have personal services contracts with federal agencies.
Because federal workers who are not contractors may make federal political contributions, while contractors performing the same work may not, the suit argued section 441c violates both the Equal Protection Clause of the Constitution and the First Amendment. The court found no First Amendment or Equal-Protection violations, noting “the dissimilar roles of contractors and employees, moreover, justify the distinct regulatory schemes that the Government has fashioned.”
July 22, 2014 •
Presidential Executive Order Prohibits Federal Contractors from Discriminating Against LGBT Employees
On July 21, President Obama signed an executive order prohibiting federal contractors from discriminating against lesbian, gay, bisexual, and transgender (LGBT) employees. The order also prohibits discrimination based on gender identity in federal employment. The White House press release states, […]
On July 21, President Obama signed an executive order prohibiting federal contractors from discriminating against lesbian, gay, bisexual, and transgender (LGBT) employees. The order also prohibits discrimination based on gender identity in federal employment.
The White House press release states, “No current federal law adequately protects [LGBT] workers from employment discrimination. … At a critical time for our nation’s economy, we need all of our workers to be focused on making the most of their talent, skill, and ingenuity, rather than worrying about losing their job due to discrimination.”
The order amends two prior executive orders from the 1960s, issued by Presidents Johnson and Nixon, prohibiting discrimination based on “race, color, religion, sex, or national origin.”
May 23, 2014 •
GAO Issues Report on Debarment Programs
On May 21, the U.S Government Accountability Office (GAO) issued a report describing the steps taken to improve the suspension and debarment programs of some agencies with federal contracts and grants. The report, prepared for the House of Representatives Committee […]
On May 21, the U.S Government Accountability Office (GAO) issued a report describing the steps taken to improve the suspension and debarment programs of some agencies with federal contracts and grants. The report, prepared for the House of Representatives Committee on Oversight and Government Reform, found “the number of suspension and debarment actions government-wide has more than doubled from 1,836 in fiscal year 2009 to 4,812 in fiscal year 2013.”
In 2011, the GAO had recommended strengthening federal agency suspension programs by implementing “dedicated staff, detailed policies and procedures, and an active referral process.” The six agencies reviewed for the report had all carried out some of the previous recommendations. The GAO did not make any new recommendations in its report. The report can be found here.
April 9, 2014 •
President Signs Executive Order to Curtail Compensation Discrimination
Yesterday President Barack Obama signed an executive order to prevent federal vendors from prohibiting their employees from inquiring about, disclosing, or discussing their compensation with fellow workers. The April 8 order, titled “Non-Retaliation for Disclosure of Compensation Information,” is intended […]
Yesterday President Barack Obama signed an executive order to prevent federal vendors from prohibiting their employees from inquiring about, disclosing, or discussing their compensation with fellow workers.
The April 8 order, titled “Non-Retaliation for Disclosure of Compensation Information,” is intended to discover, remediate, and help eliminate compensation discrimination.
The president’s order justified this prohibition by stating, “Federal contractors that employ [compensation discrimination] are subject to enforcement action, increasing the risk of disruption, delay, and increased expense in Federal contracting. Compensation discrimination also can lead to labor disputes that are burdensome and costly.”
The order takes effect immediately and will apply to new contracts entered into once the Department of Labor creates rules promulgating the order.
March 11, 2014 •
Maryland Procurement Bill To Require Reparations
Lawmakers are considering a bill to block one of the firms seeking to bid on a multibillion-dollar light rail project from winning its bid unless it agrees to pay reparations to Holocaust victims. Delegate Kirill Reznik co-sponsored House Bill 1326 […]
Lawmakers are considering a bill to block one of the firms seeking to bid on a multibillion-dollar light rail project from winning its bid unless it agrees to pay reparations to Holocaust victims. Delegate Kirill Reznik co-sponsored House Bill 1326 to block Paris-based Keolis from winning a contract worth $6 billion for the state’s Purple Line project.
Keolis is a subsidiary of the government-owned French railway Société Nationale des Chemins de Fer Français (SNCF), which has admitted transporting about 76,000 Holocaust victims to concentration camps in Nazi-occupied France.
The bill would expand a 2011 law requiring companies to disclose involvement in transporting victims during the Holocaust.
February 13, 2014 •
Obama Issues Executive Order Establishing Minimum Wage for Contractors
On February 12, President Barack Obama issued an executive order establishing a minimum wage for federal contractors. Effective January 1, 2015, contractors and subcontractors for the federal government must pay employees a minimum of $10.10 an hour or $4.90 an […]
On February 12, President Barack Obama issued an executive order establishing a minimum wage for federal contractors.
Effective January 1, 2015, contractors and subcontractors for the federal government must pay employees a minimum of $10.10 an hour or $4.90 an hour for employees who are tipped. The wages will be annually adjusted according to the consumer price index.
The order applies only to new contracts starting in 2015.
January 24, 2014 •
DC Council Bill Would Disqualify Campaign Contributors from City Contracts
Phil Mendelson, the chairman of the Council of the District of Columbia, introduced a bill that would bar people who made political contributions from obtaining contracts or doing other business with the city. Mendelson said the motivation behind his bill […]
Phil Mendelson, the chairman of the Council of the District of Columbia, introduced a bill that would bar people who made political contributions from obtaining contracts or doing other business with the city.
Mendelson said the motivation behind his bill was to end the perception of pay-to-play in Washington, D.C.
State and Federal Communications, Inc. provides research and consulting services for government relations professionals on lobbying laws, procurement lobbying laws, political contribution laws in the United States and Canada. Learn more by visiting stateandfed.com.