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On Aug. 19, the Office of Federal Contract Compliance Programs published a notice in the Federal Register to inform federal contractors of a Freedom of Information Act request that seeks all Type 2 Consolidated EEO-1 report demographic data (or “Component 1” EEO-1 reports) submitted by federal contractors and first-tier subcontractors from 2016 to 2020. According to the OFCCP, Will Evans from the Center for Investigative Reporting submitted the FOIA request. Contractors have until Sept. 19 to submit written objections to the disclosure of their EEO-1 reports.

On Aug. 26, the U.S. Court of Appeals for the 11th Circuit issued its long-awaited decision on the federal contractor COVID-19 vaccine mandate case. In a major victory for ABC and its members, the 11th Circuit’s decision narrowed the December 2021 nationwide preliminary injunction granted by the Georgia District Court to only ABC members who bid on federal contracts and the state plaintiffs in the case. The 2021 injunction was a direct result of ABC intervening as the lone business group challenging the federal contractor vaccine mandate, along with the seven plaintiff state governments.

The Office of Federal Contract Compliance Programs recently announced the launch of a new online platform aimed at modernizing how the agency receives notices about construction contract and subcontract awards. The Notification of Construction Contract Award Portal will launch Aug. 26.

On Aug. 22, ABC submitted comments to the U.S. Department of Transportation in opposition to union labor requirements included in a proposed rule establishing the National Electric Vehicle Infrastructure Formula Program.

On Aug. 15, ABC submitted comments to the U.S. Department of Labor identifying a number of concerns with its proposed rule on Nondisplacement of Qualified Workers Under Service Contracts, which would implement Executive Order 14055. Issued on Nov. 18, 2021, by President Biden, the EO requires that federal agencies include a clause about nondisplacement of workers in solicitations and contracts for projects covered by the McNamara-O’Hara Service Contract Act of 1965. The required clause states that successor contractors and subcontractors who win a bid for covered work must offer qualified employees employed under the predecessor contract a right of first refusal of employment under the successor contract.

On Aug. 15, ABC submitted comments to the U.S. Environmental Protection Agency in support of its proposed Small Projects and De Minimis General Applicability Waivers for Buy America requirements.

On Aug. 2, ABC issued a statement of support for S.J.Res.55, a Congressional Review Act resolution introduced by Sen. Dan Sullivan, R-Alaska, to overturn the Biden administration’s final rule revising National Environmental Policy Act regulations. The new Biden rule reverses efforts by the Trump administration to update and streamline t

On July 21, the U.S. Department of Transportation published a proposed rule to update its Disadvantaged Business Enterprise program, which assists small businesses owned by socially and economically disadvantaged individuals in competing for DOT contracts. The stated purpose of the proposed rule is to modernize and strengthen the DBE program to ensure qualifying businesses are able to compete for the increased federal transportation fundin

On July 28 , the U.S. Department of Transportation published a request for information on how new “Buy America” requirements for construction materials on federally assisted projects should be implemented. Enacted in November 2021, the $1.2 trillion Infrastructure Investment and Jobs Act expanded and made significant changes to Buy America requirements for federally funde

The U.S. Department of Labor’s Wage and Hour Division’s proposed rule on independent contractors under the Fair Labor Standards Act is currently under review at the Office of Information and Regulatory Affairs at the Office of Management and Budget and the content of the proposal has not been made public. The review at OIRA is usually the fina