The Federal Acquisition Regulatory Council and the U.S. Department of Labor issued a second extension for submitting comments on the proposal implementing President Obama’s Fair Pay and Safe Workplaces Executive Order 13673, commonly referred to as the “blacklisting” executive order, by 15 days to Aug. 26. The extension comes as a result of Republican leaders of three congressional committees requesting an extension of the comment period.

Republican leaders of three congressional committees sent a letter July 15 to the U.S. Department of Labor (DOL), the Federal Acquisition Regulatory (FAR) Council, and other Obama administration officials, requesting that the proposed guidance and regulations for the Fair Pay and Safe Workplaces Executive Order 13673 (known as the Blacklisting EO) be withdrawn. This letter was sent a few days after the DOL and the FAR Council announced a two-week extension of the notice and comment period for the Blacklisting proposal to August 11.  

ABC members have more time to respond to a proposal implementing President Obama’s Fair Pay and Safe Workplaces Executive Order 13673, known as the “blacklisting” EO, signed July 31, 2014. The public comment deadline for a proposed rulemaking issued May 28, by the Federal Acquisition Regulatory (FAR) Council and proposed guidance by the U.S. Department of Labor (DOL) implementing the blacklisting EO has been extended from July 27 to August 11.

President Obama’s Fair Pay and Safe Workplaces Executive Order 13673, known as the “blacklisting” EO, was signed July 31, 2014. A proposed rulemaking issued May 28, by the Federal Acquisition Regulatory (FAR) Council and proposed guidance by the U.S. Department of Labor (DOL) implementing the blacklisting EO is open for public comment until July 27.

The U.S. House of Representatives passed the Department of Defense (DoD) Appropriations Act for Fiscal Year 2016 (H.R. 2685) June 11 without an ABC-opposed provision that would unfairly harm federal contractors and increase costs to taxpayers and the federal government.

The Federal Acquisition Regulatory (FAR) Council released a proposed rule and the U.S. Department of Labor (DOL) issued proposed guidance May 27, as directed by President Obama’s July 31, 2014, sweeping “blacklisting” Executive Order 13673 targeting the federal contracting community.

The Dec. 9 spending bill released by the House omitted the controversial and ABC-opposed language supported by members of the Congressional Progressive Caucus that would have increased costs to taxpayers by reducing competition from qualified federal contractors. If it had passed as a part of the Consolidated and Further Continuing Appropriations Act, 2015 (H.R. 83), also known as the CRomnibus, the language would have prohibited any funds from being used to enter into a contract with any company that discloses a violation of the Fair Labor Standards Act (FLSA) within the last five years through the Federal Awardee Performance and Integrity Information System (FAPIIS).

ABC and 19 other business trade groups, sent a letter on Nov. 6 requesting that President Obama withdraw the “Fair Pay and Safe Workplaces” Executive Order (E.O.). The letter, sent to U.S. Department of Labor (DOL) Secretary Thomas Perez and Assistant to the President and Director of the Domestic Policy Council Cecilia Muñoz, outlines ABC’s concerns that the E.O. dramatically changes the enforcement mechanisms carefully put in place by Congress and needlessly adds uncertainty, subjectivity and onerous and costly new data collection and reporting requirements for federal contractors. 

ABC strongly opposed a new executive order (EO) that will harm federal contractors, taxpayers and government procurement officials at an Oct. 13, 2014, White House listening session with major employer association representatives, businesses and Obama administration officials.

The Obama administration has recently issued several heavy-handed executive actions that affect the federal contracting community, particularly the construction industry. These actions cover everything from potential blacklisting to super-minimum wage to overtime.