In the wake of the Aug. 24 issuance of the “blacklisting” final rule by the Obama administration, ABC recently surveyed membership to determine the impact of the rule on the contracting community interested in pursuing federal contracts. ABC’s survey of its members reveals that more than 51 percent of respondents said the final rule’s onerous requirements, including reporting alleged violations that firms are still contesting, will force them to abandon the pursuit of federal contracts. 

In the wake of the Aug. 24 issuance of the final rule  on “blacklisting,” ABC is quickly deploying resources to help members comply with new requirements while pursuing legislative efforts and, potentially, litigation to protect contractors and taxpayers from the policy.

ABC slammed the flawed Fair Pay and Safe Workplaces final rule, commonly referred to as “blacklisting,” released by the Federal Acquisition Regulatory (FAR) Council. The rule, which was accompanied by a guidance document from the U.S. Department of Labor and a White House amendment to Executive Order 13673, will increase costs for taxpayers, threaten the livelihood of millions of Americans who work for responsible federal contractors and cripple the federal procurement process with needless uncertainty, delays and

The U.S. House of Representatives Appropriations Committee approved the FY 2017 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act Jul 14 in a 31-19 vote. 

On May 18, the administration released the latest regulatory agenda outlining their plans for their final months. The agencies are looking to work on several rulemakings impacting federal contractors. An update on rulemakings affecting the construction industry is outlined below. 

An amendment which would exempt the Department of Defense (DoD) and the National Nuclear Security Administration (NNSA) from the controversial “Fair Pay and Safe Workplaces” Executive Order 13673, proposed rule and guidance, commonly referred to as “blacklisting,” passed the House Armed Services Committee on April 28.

On Feb. 17, ABC sent a letter to the U.S. House of Representatives Committee on Appropriations Subcommittee on Health and Human Services, Education, and Related Agencies Chairman Tom Cole (R-Okla.) and Ranking Member Rosa DeLauro (D-Conn.) expressing concern over several regulations issued by the U.S. Department of Labor (DOL) and the National Labor Relations Board (NLRB). 

ABC continued its longstanding opposition to the Obama administration’s blacklisting proposal by submitting a letter for the record in support of the Sept. 29 Committee on Small Business Subcommittees on Contracting and the Workforce and Investigations, Oversight and Regulations hearing titled The Blacklist: Are Small Businesses Guilty Until Proven Innocent?

ABC Aug. 26 submitted comments urging the withdrawal of the Federal Acquisition Regulatory (FAR) Council’s Notice of Proposed Rulemaking (NPRM) and the U.S. Department of Labor’s (DOL) Notice of Proposed Guidance (NPG) implementing President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673, commonly referred to as the blacklisting proposal.

There is still time to make your voice heard in the fight against an Obama administration proposal targeting federal contractors that will drastically reshape federal contracting, harm ABC members and trample the principles of fair and open competition.