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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.

Proposed Rule on Compensation Reports for Federal Contractors Draws Concern

ABC submitted comments on Jan. 5 to the Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) expressing their strong opposition to the proposed rule that would require government contractors to report summary data on employee compensation to the DOL. ABC urges the OFCCP to withdraw their proposal.

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OFCCP Final Rule Prohibits Discrimination Based on Sexual Orientation and Gender Identity

The DOL’s Office of Federal Contract Compliance Programs (OFCCP) issued a final rule Dec. 9 implementing Executive Order 11246, which prohibits federal contractors from discriminating against lesbian, gay, bisexual, and transgender (LGBT) employees and prohibits discrimination based on gender identity in federal employment.

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Regulatory Agenda Items Federal Contractors Should Be Aware of in 2015

Federal Contractors should be on the lookout for a number of items listed in the latest regulatory agenda, released Nov. 21, which lists the priorities of the administration and the rulemakings they expect to release this year. 

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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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Conference Offers In-Depth Look at Public-Private Partnerships

Join ABC and a growing list of industry professionals in Dallas, Texas, Feb. 23-25, for the annual Public-Private Partnership Conference (P3C), one of the largest gatherings of government and industry development professionals in the country.  The conference will host more than 750 owners, industry executives, key decision-makers, and more than 100 speakers for three days of in-depth learning, business development, and networking opportunities to address the critical principles behind successful public-private partnerships (P3).  

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Public-Private Partnership Miami Summit Addresses Social Infrastructure

During the inaugural P3s for Public Buildings Summit Nov. 17-18 in Miami, Fla., the National Council for Public-Private Partnerships (NCPPP) and the Performance Based Building Coalition (PBBC) will team up to educate stakeholders about developing and financing  public-private partnerships (P3s) for public buildings,  understanding federal policy challenges and solutions, forecasting the future of the P3 marketplace and highlighting specific examples of successful P3 projects.

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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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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.


Blacklisting Executive Order Meets Opposition from ABC at White House Meeting

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.

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Blacklisting Executive Order and Other New Challenges for Federal Contractors

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.

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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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