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ARTICLE · 31 MARCH 2017

Finally! Government Contractor Blacklisting EO And Implementing Regulations Bite The Dust . . Perhaps Forever!

Ogletree, Deakins, Nash, Smoak & Stewart
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At the same time as signing the CRA rescinding the implementing blacklisting regulations, President Trump revoked EO 13673.

United StatesGovernment, Public Sector

It's official. On March 27, 2017, President Trump signed the Congressional Review Act (CRA) resolution (H.J. Res. 37) invalidating the regulations that implemented President Obama's Fair Pay and Safe Workplaces Executive Order (EO 13673). Also known as the "contractor blacklisting" regulations, the rules were finalized towards the end of the Obama administration and would have required government contractors and subcontractors to report alleged, unproven violations of 14 federal labor and employment laws—"administrative merits determinations" such as NLRB complaints—for consideration by government contracting officers in awarding federal contracts, among other onerous requirements. At the same time as signing the CRA rescinding the implementing blacklisting regulations, President Trump revoked EO 13673.

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