With this action, the current Administration has imposed workplace requirements on federal contractors that have been previously considered and rejected by Congress, not once, but several times. Significantly, the Executive Order places investigative and enforcement responsibilities with DoL, and not with contracting agencies.
DoL also has authority to order the debarment of such contractors.
If acquisition streamlining is, as advertised, intended to enable agencies to contract using best commercial practices, and to eliminate expensive socioeconomic objectives in federal contracts, then the White House has conveniently forgotten the public good in favor of trade union interests. DOL can initiate enforcement action on receipt of a written complaint from a contractor employee or his representative, e.g., a union. An investigation, a fact finding hearing, or both, may be conducted after the contractor is notified of the complaint. This is likely to be a significant issue, since employment is typically at will. The rules allow any debarment to remain in force pending resolution of the labor dispute that resulted in employee replacements, i.e., for an indefinite period.