AGC successfully blocked the inclusion of blacklisting and local hire mandates, unworkable one-size-fits-all environmental requirements, and significant liability risks for federal contractors in the annual defense bill that’s likely to become law.

The Senate and House of Representatives released its long-anticipated compromise version of the National Defense Authorization Act for FY 2023 (NDAA). AGC advocated for and against several provisions in the NDAA. Among others, AGC successfully blocked:

• New subjective criteria into the suspension and debarment process that would make it easier to blacklist contractors;
• A new mandate that would establish local hiring preferences on military construction projects;
• A new mandate that would require prime contractors and subcontractors to be licensed in the state of the military construction project;
• New and unworkable requirements for contractors’ access to military bases;
• An unworkable one-size-fits-all approach to PFAS and green house gas emissions;
• Significant liability risks for federal contractors for violating minor paperwork requirements related to “beneficial ownership” and unnecessary reporting requirements; and
• New schemes to withhold progress payments to federal prime contractors.

AGC will continue to advocate for contractor priorities as the House and Senate vote on the compromised version of the NDAA and the president likely signs it into law.  

For more information, contact Jordan Howard at [email protected] or (703) 837-5368.