The Fair Pay and Safe Workplaces Executive Order requires contractors seeking out government bids to disclose state and federal labor violations. As Tampa contractor attorneys, we understand the importance of earning government contracts, so it’s important to understand how this new Executive Order will affect your business.
Why was the Fair Pay and Safe Workplaces Executive Order created?
The Executive Order was signed into law for two primary reasons. One, businesses that have a history of federal and state labor violations are more likely to perform poorly in their delivery of goods and services. The second reason is to ensure that taxpayers’ dollars are not being handed out to businesses that use unethical business practices or put their employees at risk.
How far back must I go with my disclosure?
You are required to disclose the past three years of labor law violations. If you are awarded a contract, you must update the disclosure every six months during the duration of the project.
Does this relate to all government contracts?
The Fair Pay and Safe Workplaces Executive Order relates to all new government procurement contracts valued at $500,000 or more.
Will I be exempt from receiving government contracts if I have a labor law violation?
No, while previous violations will be considered in determining whether you are a “responsible” bidder, minor citations will not exclude your company from receiving government contracts. According to an official statement released by the White House, “Contracting officers will take into account only the most egregious violations” and “The Executive Order will ensure that the worst actors, who repeatedly violate the rights of their workers and put them in danger, don’t get contracts.”
Is there someone who can tell me if I will be exempt from receiving a bid before I apply?
Yes, contractors with labor law violations, who plan to bid on a government contract, may receive “early guidance” to determine if their violations will affect their chances of being awarded the contract. During this time, the agency may also present corrective measures to lessen the impact of the violation on bid scoring.
Trent Cotney and our team of contractor lawyers in Tampa are dedicated to representing construction professionals faced with labor law violations. If you believe this new legislation may affect your business, speak with a contractor attorney in Tampa, who can help better protect your company throughout the entire bidding process.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.