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IIJA Buy America Rules Now in Effect; DOT Proposes New Waivers

The U.S. Department of Transportation recently announced the expiration on Nov. 10 of a general waiver to Buy America requirements imposed by the Infrastructure Investment and Jobs Act. With this expiration, the IIJA’s expanded Buy America requirements READ MORE
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ABC Submits Comments Opposing Revision to LM-10 Employer Report Form

On Oct. 13, ABC submitted a comment letter the U.S Department of Labor’s Office of Management and Labor Standards regarding its proposed revisions to the LM-10 Employer Report form. Employers must file this form with the OLMS to disclose certain payments, expenditures, agreements and arrangements, including the hiring of outside labor relations consultants to help inform their employees regarding union organizing or collective bargaining, known as “persuader activities.”

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GSA Releases Request for Information on Buy Clean Initiative

On Oct. 4, the General Services Administration released a Request for Information regarding the Biden administration’s “Buy Clean” initiative. The initiative calls for federal agencies to prioritize the use of American-made, lower-carbon construction materials in federal procurement as well as federally assisted projects.

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Federal Contractors: Voice Your Opposition FAR’s Proposed PLA Rule at SBA’s Virtual Roundtable on Sept. 29

The Small Business Administration’s Office of Advocacy will host a roundtable to discuss the Federal Acquisition Regulatory Council’s proposed rule that would require federal contractors and their subcontractors to enter into project labor agreements for federal construction projects of $35 million or more. The virtual roundtable will take place on Thursday, Sept. 29, 2022, from 1-2 p.m. ET. ABC encourages all federal contractors and subcontractors to participate to make their voices heard on this critical issue.

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Survey: 97% of ABC Contractors Say Biden’s Government-Mandated Project Labor Agreement Policies Would Make Federal Construction More Expensive

According to a September 2022 survey of ABC contractor members published today, 98% oppose President Biden’s proposed rule mandating project labor agreements on federal construction projects of $35 million or more. PLA schemes needlessly increase costs and exacerbate the construction industry’s skilled labor shortage because they exclude almost nine out of 10 workers from participating in these contracts.

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Take Action: Tell the Biden Administration to Scrap Its Costly Pro-PLA Scheme by Oct. 18

ABC recently released a new action alert to help members tell the Federal Acquisition Regulatory Council to withdraw a controversial proposed rule opposed by ABC that would require project labor agreements on federal construction contracts of $35 million or more.

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OSHA Updates Severe Violator Enforcement Program

On Sept. 15, the U.S. Department of Labor’s Occupational Safety and Health Administration announced it had expanded its Severe Violator Enforcement Program to include all hazards and OSHA standards and focus on repeat offenders in all industries.

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OFCCP Extends Deadline to Oct. 19 for Contractors to Object to the Disclosure of EEO-1 Reports

On Sept. 15, the Office of Federal Contract Compliance Programs announced that it was extending the deadline for federal contractors to submit written objections to the disclosure of EEO-1 reports from Sept. 19 to Oct. 19. On Aug. 19, the OFCCP 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. 

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Action Alert for Federal Contractors: OFCCP Plans to Disclose Confidential Employer EEO-1 Data

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.

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ABC Celebrates Appeals Court Decision That Exempts ABC Members From Federal COVID-19 Vaccine Mandate

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.

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OFCCP to Launch Construction Contract Award Portal and Hold Related Webinar

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.

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