The Department of Transportation has issued an interim rule that makes significant changes to the eligibility rules and administration procedures used in the Disadvantaged Business Enterprise programs and Airport Concession Disadvantaged Business Enterprise program. The DBE and ACDBE programs were established to provide opportunities to small businesses owned and controlled by socially and economically disadvantaged
Navigating WARN Act Compliance Amid Government Shutdown and Federal Contract Cancellations: What Federal Contractors Need to Know
The Trump administration’s push to downsize the federal workforce has entered a new phase, marked by rounds of layoffs, the deferred-resignation plan, and other voluntary departure programs. As the federal government shutdown enters its second week, the administration has escalated its response by threatening sweeping program cuts and workforce reductions.
As the administration continues its
Husch Blackwell Publishes Eighth Annual Project Perspectives Report
Our colleagues in Husch Blackwell’s Real Estate, Development & Construction industry group—with a notable assist from Kyle Gilster (head of our Public Policy practice) and Cortney Morgan (head of our International Trade group)—have published 2025 Project Perspectives, a 22-page report discussing trends and developments affecting alternative project delivery and public-private partnerships (P3s).
DOJ Issues Sweeping Guidance on “Illegal DEI” Under Executive Order 14173
In a recent legal update, Husch Blackwell explores new guidance from the Department of Justice on how federal antidiscrimination laws—including Title VI and Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972—will be interpreted to apply to recipients of federal funding, in conjunction with Executive Order 14173 (“Ending Illegal Discrimination and Restoring Merit-Based Opportunity”). While the guidance lacks the force of law, it captures the administration’s enforcement posture on what it considers to constitute “illegal DEI.”
Fourth Circuit Stays Preliminary Injunction That Blocked Key Portions of Anti-DEI Executive Orders
The U.S. Court of Appeals for the Fourth Circuit has temporarily stayed a nationwide injunction, allowing the federal government to enforce provisions of Executive Orders 14173 and 14151, which restrict certain DEI activities, while the appeal proceeds. Businesses with federal contracts or grants should review their DEI policies to ensure compliance with federal anti-discrimination laws
White House Revokes EO 11246, Targets DEI Programs Alleged to Violate Anti-Discrimination Laws
President Trump recently issued an executive order revoking E.O. 11246, which had required federal contractors to implement affirmative action and non-discriminatory practices for over 60 years. The new order prohibits the Office of Federal Contract Compliance Programs (OFCCP) from enforcing diversity, equity, and inclusion (DEI) initiatives, effectively removing affirmative action requirements tied to federal contracts.
New Davis-Bacon and Related Acts Regulations to Expand DOL Authority
For the first time in 40 years, the Department of Labor (DOL) updated its interpretation and implementation of the Davis-Bacon and Related Acts in new final rules.
Changes and Challenges Relating to Affirmative Action Obligations Federal Contractors Face in 2023
The Office of Federal Contract Compliance Programs (OFCCP) has made several announcements, including Directives, Notices, and Proposals in their quest to embark on initiatives that significantly impact federal contractors’ affirmative action obligations.
DOE Office of Science Adds Diversity, Equity and Inclusion Requirement to Solicitation Process
The Department of Energy through the Office of Science has announced that beginning in FY 2023, all DOE funding solicitations, including the Office of Science Funding Opportunity Announcements (FOAs) and DOE National Lab Announcements, will require applicants to submit as an appendix to proposal narratives, a “Promoting Inclusive and Equitable Research (PIER) Plan.” The purpose of the PIER Plan is to “describe the activities and strategies applicants will incorporate to promote diversity, equity, inclusion and accessibility in their research projects.” According to the Office of Science’s announcement, the Office of Science will evaluate PIER Plans as “part of the merit review process,” and they “will be used to inform funding decisions.” Applications without PIER Plans will be considered “incomplete” and “will not be evaluated.”
Nondisplacement of Qualified Workers Under Service Contracts – Proposed Regulations Issued
As we wrote back in November 2021, the Biden Administration issued Executive Order 14055 reinstating most of the concepts from the Obama Administration era nondisplacement Executive Order 13495. Two months after Biden’s imposed deadline of May 2022, the U.S. Department of Labor finally published proposed regulations on July 15, 2022.
Generally speaking, EO 14055 and the proposed Nondisplacement regulations require successor contractors to make offers of employment to all predecessor contractor Service Contract Act covered employees who worked on the predecessor contract. Predecessor contractors are required to prepare and submit a list of their Service Contract Act covered employees to the contracting officer at least 30 days prior to contract termination. The contracting officer then provides a copy of that list to the successor contractor who then is required to make bona fide job offers to the predecessor’s service employees who worked on the prior contract. The rollout of these new regulations is of the utmost importance to any federal contractor or subcontractor with employees subject to the Service Contract Act.