Recent CRA Resolution of the Fair Pay and Safe Workplaces Regulation

March 7—Last night, the Senate passed a Congressional Review Act (CRA) resolution disapproving of the August 25, 2016, final “Fair Pay and Safe Workplaces” Federal Acquisition Regulation, often referred to as the “blacklisting” regulation.

Specifically, the original regulation would have: (1) denied contractors due process rights by elevating allegations to the same status as convictions as a basis for rejecting contracts; (2) established a duplicative and costly compliance and reporting regime; and (3) offered no material benefit to the government in return.

Having passed the House of Representatives on February 2, 2017, the resolution will now be sent to the president for his signature. The Statement of Administration Policy on the resolution stated the Fair Pay and Safe Workplaces regulation would “bog down Federal procurement with unnecessary and burdensome processes…”

Note: The final rule has not gone into effect because, in October, a Texas federal court enjoined nationwide implementation of the rule, except for a small portion relating to pay transparency. The Professional Services Council (PSC) welcomed that court action, which remains in effect.