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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 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.

Latest Obama Executive Order Could Create Federal Contractor “Blacklist”

On July 31, President Obama issued a sweeping Executive Order (EO) that instructs bureaucrats at federal agencies to determine whether a business is “responsible” enough to receive a federal contract based on a subjective review of each company’s recent compliance history with labor and safety laws.  

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Extension Promises Contractors Continued Funding on Infrastructure Projects

The Highway Trust Fund was set to run out of available money at the end of August but with a last-minute extension, contractors working on infrastructure projects can expect funding to continue—at least until May 2015.

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Effects of Minimum Wage Proposal on Federal Contractors Raise Concerns

The Department of Labor’s proposal to implement Executive Order 13658 establishing a minimum wage for federal contractors raised concerns which were outlined in comments ABC submitted July 28. Under the proposal, beginning Jan. 1, 2015, the hourly minimum wage paid by contractors to workers performing on covered federal contracts would be $10.10 per hour. In the comments, ABC states the proposal should be withdrawn or substantially modified.

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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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What Are Public-Private Partnerships?

Public-Private Partnerships (P3s) are defined by the National Council for Public-Private Partnerships (NCPPP) as: “a contractual arrangement whereby the resources, risks and rewards of both the public agency and private company are combined to provide greater efficiency, better access to capital, and improved compliance with a range of government regulations regarding the environment and workplace.”

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ABC Concerned Senate Water Resource Bill will Expand Davis Bacon, Exclude P3s

In response to the House-Senate Conference meeting on the Water Resources Reform and Development Act (H.R. 3080) and the Water Resources Development Act (S. 601), ABC Jan. 7 sent a letter to members of Congress thanking them for recognizing the importance of our nation’s water infrastructure and for moving forward with the first Water Resource Reauthorization bill since 2007. However, ABC also expressed concern that the proposed Senate bill would expand Davis Bacon requirements and exclude a public-private partnership (P3s) program.

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Join ABC At The P3 Conference In Dallas Feb. 24-25, 2014

Join ABC and a growing list of industry peers, Feb. 24-25, 2014, in Dallas for the annual Public-Private Partnership Conference. Hundreds of developers, public-planners and A/C/E experts from across the country will be in attendance to discover opportunities to partner with cities, states and local agencies. 

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Experts Discuss P3s and Maryland’s New Law June 27

During a public-private partnership conference June 27 in Linthicum, Md., experts on P3s gathered to discuss their advantages, how they can provide savings over the long-term and Maryland’s new P3 law (H.B. 560) that went into effect July 1. 

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ABC is Vehemently Opposed to Regulations Creating Blacklists of Companies

ABC is vehemently opposed to regulations which, in effect, create a “blacklist” of companies and other employers who are alleged to have “unsatisfactory” labor and employment policies and practices. “Persuasive evidence,” including alleged violations of a contractor's lack of compliance with tax laws, or substantial noncompliance with antitrust, labor employment, worker safety, environmental or consumer protection laws may cause a prospective contractor to be denied a federal contract.

In December 2011, the U.S. Department of Agriculture (USDA) issued a proposal to require federal contractors to certify that they and their subcontractors are in full compliance with all labor laws and agree to report future violations, or risk “corrective action.” The rule also would have forced contractors to notify the government of mere allegations of wrongdoing, under penalty of “corrective action.” In January 2012, due to strong opposition by ABC and other federal contractor representatives, USDA withdrew the rule.


Latest Obama Executive Order Could Create Federal Contractor “Blacklist”

On July 31, President Obama issued a sweeping Executive Order (EO) that instructs bureaucrats at federal agencies to determine whether a business is “responsible” enough to receive a federal contract based on a subjective review of each company’s recent compliance history with labor and safety laws.  

Read More

USDA Withdraws Procurement Rule Reminiscent of Clinton-Era Blacklisting Policy

The U.S. Department of Agriculture (USDA) has announced it is withdrawing a Dec. 1 direct final rule that would have altered the USDA’s procurement policies to require federal contractors to certify that they, as well as their subcontractors and suppliers, were in compliance with all applicable labor laws. 

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