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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 application and 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.

 


ABC Partners with Congressional Leaders to Advocate for a Fair and Open Competition in Infrastructure Legislation

On April 14, the House Committee on Transportation and Infrastructure hosted a “Members’ Day Hearing” to seek recommendations on the policy priorities of members of the U.S. House of Representatives as they begin to consider legislation to reauthorize surface transportation legislation, which expires at the end of September.

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Biden Infrastructure Plan Rife With ABC-opposed Labor Policies

On March 31, the Biden administration released a more than $2 trillion infrastructure outline titled the “American Jobs Plan.” While the plan calls for federal spending over the next eight years to improve the nation’s infrastructure, including for transportation, broadband, energy, and drinking water, it also includes funding for schools and child-care facilities, affordable housing, workforce development and manufacturing.

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OFCCP Issues Updated 2020 Supply and Service Scheduling List for Federal Contractors

The Office of Federal Contract Compliance Programs has issued an amended Corporate Scheduling Announcement List for fiscal year 2020, which will help explain the requirements federal contractors need to follow to stay compliant as they work on federal and federally assisted projects.

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Associated Builders and Contractors Files Suit Against ‘Blacklisting’ Rule

Associated Builders and Contractors (ABC) and its ABC Southeast Texas Chapter announced that they have filed a lawsuit challenging the Fair Pay and Safe Workplaces final rule, commonly referred to as the “blacklisting” rule, which was released Aug. 25, 2016. The legal challenge was filed in the U.S. District Court for the Eastern District of Texas, Beaumont Division, by the Texas office of Littler Mendelson, P.C., ABC National’s general counsel. The firm will represent ABC, the ABC Southeast Texas Chapter and the National Association of Security Companies (NASCO) in the lawsuit.

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DOL Issues Paid Sick Leave Final Rule for Federal Contractors

On Sept. 30, the DOL’s Wage and Hour Division issued a final rule requiring certain federal contractors to offer employees up to seven days (56 hours) of paid sick leave annually, including paid leave for family care.  The paid sick leave required by the final rule is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA).  Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the final rule. 

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ABC Files Comments on New Paid Sick Leave Requirement for Fed Contractors

On April 12, ABC submitted comments in response to the U.S. Department (DOL) of Labor Wage and Hour Division’s proposed rule on establishing paid sick leave for federal contractors. The proposed rule requires certain federal contractors to offer employees up to seven days of paid sick leave annually, including paid leave for family care. The paid sick leave required by the proposal is in addition to a contractor’s obligations under the Service Contract Act (SCA) and Davis-Bacon Act (DBA). Therefore, a contractor may not receive credit toward its prevailing wage or fringe benefit obligation under the SCA and DBA for paid sick leave provided in satisfaction of the requirements of the proposed rule.

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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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House Approves ABC-supported Great American Outdoors Act, Which Would Create 100,000+ Construction Industry Jobs

On July 22, The U.S. House of Representatives passed the Great American Outdoors Act (S. 3422/ H.R. 1957), which was introduced by Sen. Cory Gardner (R-Colo.), by a vote of 310-107. The bill is expected to be signed into law by President Trump. Ahead of the vote, ABC sent a letter to the House in support of the legislation, urging the swift consideration and approval of the Senate-passed version of the bill.

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House Passes ABC-Opposed $1.5 Trillion Infrastructure Bill with Anti-competitive Mandates

On July 1, the U.S. House of Representatives passed H.R. 2, the Moving Forward Act, on a mostly party line vote of 233 to 188, with three Republicans voting for the bill and two Democrats voting against it. The House Democrats’ infrastructure plan would spend more than $1.5 trillion on surface transportation, airport, school, housing, healthcare, energy, water and broadband infrastructure, however, it also includes numerous anti-merit shop provisions opposed by ABC.

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ABC Opposes House Democrats’ $1.5 Trillion Infrastructure Bill with Anti-Merit Shop Provisions

On June 22, Chair of the House Committee on Transportation and Infrastructure Peter A. DeFazio (D-Ore.) was joined by six other Democratic House committee chairs in a press conference releasing the  Democratic Infrastructure Bill, H.R. 2, the Moving Forward Act.

 

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