29 CFR 4.188 - Ineligibility for further contracts when violations occur
| Cite as | 29 CFR 4.188 |
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18 practice notes
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Establishing a Minimum Wage for Contractors
...its labor standard obligations under the SCA and the DBA. 40 U.S.C. 3144(b); 41 U.S.C. 6706(b); 29 CFR 5.5(a)(7); 29 CFR 5.12(a)(2); 29 CFR 4.188(a). The possibility that a contractor will be unable to obtain government contracts for a fixed period of time due to debarment promotes contract......
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Establishing Paid Sick Leave for Federal Contractors
...a contractor's failure to fulfill its labor standards obligations under the SCA and the DBA, see 41 U.S.C. 6706(b); 40 U.S.C. 3144(b); 29 CFR 4.188(a); 29 CFR 5.5(a)(7); 29 CFR 5.12(a)(2), and one that, as noted, was adopted in the Minimum Wage Executive Order rulemaking, see 79 FR 60728 (c......
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Establishing a Minimum Wage for Contractors
...for a contractor's failure to fulfill its labor standard obligations under the SCA and the DBA. 41 U.S.C. 6706(b); 40 U.S.C. 3144(b); 29 CFR 4.188(a); 29 CFR 5.5(a)(7); 29 CFR 5.12(a)(2). The possibility that a contractor will be unable to obtain Government contracts for a fixed period of t......
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Establishing Paid Sick Leave for Federal Contractors
...a contractor's failure to fulfill its labor standards obligations under the SCA and the DBA, see 41 U.S.C. 6706(b); 40 U.S.C. 3144(b); 29 CFR 4.188(a); 29 CFR 5.5(a)(7); 29 CFR 5.12(a)(2), and one that, as noted, was adopted in the Minimum Wage Executive Order rulemaking, see 79 FR 60728 (c......
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12 cases
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Dantran, Inc. v. U.S. Dept. of Labor, No. 98-1830
...provide that the existence of "unusual circumstances" may forestall the imposition of a debarment sanction. See 41 U.S.C. § 354(a); 29 C.F.R. § 4.188(a). Although the Act does not elaborate, the Secretary has established that the existence of "unusual circumstances" in a given case depends ......
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Kirkpatrick v. White, No. CIV.A.01-JEO-2942-NE.
...court chose to "forestall the imposition of [the] debarment sanction" because of "unusual circumstances" under 41 U.S.C. § 354(a) and 29 C.F.R. § 4.188(a). Dantran, 171 F.3d at 68. The court went on to say that "the existence of `unusual circumstances' in a given case depends upon the absen......
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Tri-County Contractors, Inc. v. Perez, Civil Action No. 13-1406 (RDM)
...the Secretary has set forth a three-part test in the Act's implementing regulations to assess whether such circumstances exist. See 29 C.F.R. § 4.188(b)(3). The first prong of this test forecloses relief from debarment if certain aggravating factors exist: for example, if the violation of t......
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Summitt Investigative Service, Inc. v. Herman, No. Civ.A. 97-01008 (CKK).
...however, has promulgated regulations that set forth a three-part test to assess factors that may constitute unusual circumstances. See 29 C.F.R. § 4.188(b). While the determination is to be made on a case-by-case basis, see id. § 4.188(b)(1), the burden rests with the violator to demonstrat......
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1 firm's commentaries
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Decisions of the DOL Administrative Review Board – March 2015
...where that witness also testified that the violations were technical in nature. The ARB found that this argument ignored the fact that 29 C.F.R. § 4.188(b)(1) places the burden on the contractor of showing no evidence of prior violations. The ARB, however, vacated the ALJ’s determination th......