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The Obama administration has attempted to impose increased burdens on federal government contractors via policies that needlessly injure competition, increase taxpayer costs, stifle job creation, and delay the delivery of goods and services to the government and its customers. The most abusive federal contracting policies affecting the construction industry are the administration’s continued efforts to expand the use of project labor agreements and the expanded application and enforcement of “prevailing wage” requirements under the Davis-Bacon Act.

See below for the latest news, legislative action, regulatory developments and compliance tools for hot button issues in federal, state and local procurement.

 


U.S. Army Corps of Engineers to Hold Partner Webinars

The U.S. Army Corps of Engineers will be holding stakeholder webinars in June 2019 to provide an overview of its actions under the Revolutionize USACE Civil Works initiative.

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OFCCP Launches Section 503 Landing Page

On March 8, the Office of Federal Contract Compliance Programs announced the launch of the new Section 503 Focused Review Landing Page, which is intended to provide contractors with helpful information and assistance in implementing best practices and increasing the employment of individuals with disabilities.

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OFCCP Announces Voluntary Review Program for Top-performing Contractors

On Feb. 13, the U.S. Department of Labor's Office of Federal Contract Compliance Programs announced a new policy directive to establish a voluntary compliance program for high-performing federal contractors. The Voluntary Enterprise-wide Review Program provides contractors with an alternative to OFCCP's establishment-based compliance evaluations and instead focuses on recognizing contractors that demonstrate comprehensive corporate-wide compliance and model diversity and inclusion programs.

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Associated Builders and Contractors Files Suit Against ‘Blacklisting’ Rule

Associated Builders and Contractors (ABC) and its ABC Southeast Texas Chapter announced that they have filed a lawsuit challenging the Fair Pay and Safe Workplaces final rule, commonly referred to as the “blacklisting” rule, which was released Aug. 25, 2016. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas, Beaumont Division, by the Texas office of Littler Mendelson, P.C., ABC National’s general counsel. The firm will represent ABC, the ABC Southeast Texas Chapter and the National Association of Security Companies (NASCO) in the lawsuit.

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DOL Issues Paid Sick Leave Final Rule for Federal Contractors

On Sept. 30, the DOL’s Wage and Hour Division issued a final rule requiring certain federal contractors to offer employees up to seven days (56 hours) of paid sick leave annually, including paid leave for family care.  The paid sick leave required by the final rule is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA).  Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the final rule. 

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ABC Files Comments on New Paid Sick Leave Requirement for Fed Contractors

On April 12, ABC submitted comments in response to the U.S. Department (DOL) of Labor Wage and Hour Division’s proposed rule on establishing paid sick leave for federal contractors. The proposed rule requires certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care. The paid sick leave required by the proposal is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA). Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the proposed rule.

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Federal Contracting

The Obama administration has attempted to impose increased burdens on federal government contractors via executive actions that needlessly restrain competition, increase taxpayer costs, stifle job creation, and delay the delivery of goods and services to the government and its customers.

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ABC Weighs in on Elements of a Successful Infrastructure Package

On March 1, ABC President and CEO Mike Bellaman joined members of Congress, senior committee staff, key industry stakeholders and top administration officials for discussions on the challenges of writing and passing a package to revitalize America’s infrastructure.

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President Trump Releases Infrastructure Proposal

On Feb. 12, President Donald Trump announced the release of his administration’s infrastructure proposal. ABC President and CEO Michael D. Bellaman issued the following statement on the president’s infrastructure plan: “ABC applauds the president for sending Congress a plan to rebuild America’s infrastructure. It is now time for lawmakers to develop legislation and policy to efficiently modernize America’s infrastructure and drive economic growth and prosperity for all Americans."

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Congress Passes Funding Deal Ahead of White House 2019 Budget Request

On Feb. 9, shortly before the White House released its 2019 budget request, both chambers of Congress passed, and the president signed, a funding agreement that sets a budget for fiscal years 2018 and 2019. The deal will raise federal spending caps by $300 billion in 2018 and 2019 and suspend the debt limit until 2019.

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