The 2017 NDAA (National Defense Authorization Act) is attempting to overturn much of this Executive Order. There is a provision in both the Senate and House versions of the 2017 NDAA that will exempt most Defense contractors from the provisions of the Executive Order and its implementing regulations. One could probably call this NDAA provision "contentious" because the President has already threatened a veto of the NDAA if it remains.
Specifically, Section 829H of the Senate Version states:
APPLICABILITY OF EXECUTIVE ORDER 13673 4 ‘‘FAIR PAY AND SAFE WORKPLACES’’ TO DEPARTMENT OF DEFENSE CONTRACTORS.
(a) LIMITATION.—The Secretary of Defense shall apply any acquisition regulations promulgated pursuant to Executive Order 13673 or any successor executive order only to contractors or subcontractors who have been suspended or debarred as a result of a Federal labor law violations covered by Executive Order 13673.
(b) COMPLIANCE REQUIREMENTS.—The Secretary shall ensure that Department of Defense contractors or subcontractors who are not described under subsection (a) are not compelled or required to comply with the conditions for contracting eligibility as stated in any acquisition regulations promulgated to implement Executive Order 13673.Based on this provision, only contractors (and subcontractors) that have been suspended or debarred as a result of a Federal labor law violation will be required to comply with any acquisition regulations promulgated as a result of the Fair Pay and Safe Workplaces Executive Order.
We wonder whether any contractor has been suspended or debarred as a result of Federal labor law violations. There can't be many.