November 9, 2017 - 2:00pm to 3:00pm EST
Register today. Federal agencies now mandate minimum cybersecurity requirements for companies that do business with the federal government. Federal agencies now require federal contractors to implement new security control requirements and ensure sensitive federal information remains confidential when stored in any nonfederal electronic system. It began in 2016 with FAR 52.204-21 (Basic Safeguarding of Covered Contractor Information Systems). It continues with DFARS 252.204-7012 (Safeguarding Covered Defense Information & Cyber Incident Reporting), which becomes mandatory for all Department of Defense contracts beginning December 31, 2017.
This presentation will give an overview of the new cybersecurity requirements for contractors who contract with the Department of Defense and other federal agencies, highlight the FAR and DFARS provisions that give this new rule teeth, and explore the potential impacts of compliance failure for federal contractors. Click here to register.
For more information, contact Jordan Howard at [email protected] or (703) 837-5368.

AGC Procurement Priorities Close to Finish Line, Blacklisting on the Radar
 The House of Representatives and Senate have announced conferees for the National Defense Authorization Act for Fiscal Year 2018 (NDAA). The House and Senate conferees must now agree to a final version of the defense bill. The NDAA contains a host of AGC-backed federal construction procurement provisions important to construction contractors. Among the procurement items for AGC and its members in the legislation are:

• Repeal temporary suspension of public-private competitions for conversion of Department of Defense functions to performance by contractors;


• Enhanced post-award debriefing rights to require that all post-award debriefings must provide detailed and comprehensive statements of the agency’s rating for each evaluation criteria and of the agency’s overall award decision;


• Limit contracting officers’ ability to unilaterally definitize action with a value greater than $1,000,000,000, if an agreement is not reached between the contracting officer and federal contractor


• A provision allowing construction contractors to protest non-Department of Defense (DOD) agency task order contracts above $25 million before the General Accountability Office.

Of note, the Senate version of the bill contains a section, sponsored by Sen. Warren (Mass.), that would essentially resurrect the Fair Pay and Safe Workplaces (Blacklisting) Executive Order.  AGC has met with Senate offices and have worked with the Blacklisting Coalition to ensure this provision does not make it into the final bill.
AGC has long advocated for Congress to repeal the Blacklisting Executive Order through the Congressional Review Act (CRA).  Under the CRA, Congress can repeal the executive order’s implementing rules in their entirety and make it very difficult for a future president to undertake a similar regulatory initiative.  Congress listened and back in March Congress passed – and President Trump signed into law – a repeal of the Blacklisting Executive Order.
AGC will continue to monitor the NDAA as it heads to the president’s desk to be signed into law, and will advocate for further reforms in the new Congress.
For more information, contact Jordan Howard at [email protected] or (703) 837-5368.

This week AGC submitted recommendations to the U.S. Army Corps of Engineers (USACE), highlighting the regulatory burden on the construction industry and offered specific program modifications and solutions relating to performing work with USACE. Among AGC recommendations are:

• Merging NEPA/ CWA Section 404 permitting;


• Reforms to Ease “Chokepoints” in 404 Program;


• Reforming the Nationwide General Permits: acreage limits and pre-construction notification thresholds;


• Clarifying and expanding the exemption for work in roadside ditches;


• Improving USACE partnering with the Construction Industry; and


• Reforming Safety Officer Accreditations.

AGC will continue to advocate for practical and real reforms with the federal agencies and congress.  To access AGC’s recommendations referenced above, click here.
For more information, contact Jordan Howard at [email protected] or (703) 837-5368.
 

Earlier this week, the Senate voted to proceed on consideration of the budget resolution. The budget resolution sets forth the spending levels for Congress for the upcoming fiscal year, but also contains a mechanism to fast-track legislation in the Senate called “reconciliation.”  Reconciliation measures are also not subject to the filibuster in the Senate, meaning legislation can pass with a simple majority of 50 votes, rather than 60 votes.  The budget is expected to pass the Senate on a party line vote later this week.  After that, because the House and Senate budget resolutions are different, the two houses will have to resolve their differences in a conference committee, and the House and Senate will then have to pass the compromise budget.
Congressional Republicans plan to reserve the reconciliation process in the year’s budget resolution for tax reform.  It is expected that after the budget passes, the tax writing committees in the House and Senate will begin formally drafting tax reform legislation that follows the framework outlined by House Republican leaders in September.
AGC supports using the budget resolution to begin the process for tax reform, and signed a letter calling on Congress to pass the budget resolution.
For more information, contact Matt Turkstra at [email protected] or (202) 547-4733.

Yesterday Jim Roberts, president & chief executive officer of Granite Construction, testified on behalf of the AGC co-chaired Transportation Construction Coalition (TCC) at a hearing, “Building a 21st Century Infrastructure for America: Highways and Transit Stakeholders’ Perspectives,” in front of the House Transportation & Infrastructure Subcommittee on Highways and Transit. The hearing was an opportunity for the TCC to share the transportation construction industries priorities as Congress and the administration work toward an infrastructure proposal. The TCC testimony stressed the need to include a permanent fix for the Highway Trust Fund as part of any federal infrastructure effort, allocate any new funding for federal highway and transit programs among existing programs, continue providing tools that encourage the use of public-private partnerships.  Mr. Roberts and the TCC also encouraged the committee to fix the Highway Trust Fund as part of comprehensive tax reform.
Additionally, the TCC offered three specific recommendations to improve the environmental review process:

• Require a merger of the National Environmental Policy Act and Clean Water Act 404 permitting processes


• Allow the monitoring, mitigation and other environmental planning work performed during the NEPA process, and included the final Environmental Impact Statement / Record of Decision, to satisfy federal environmental permitting requirements, unless there is a material change in the project


• Develop a reasonable and measured approach to citizen suit reform to prevent misuse of environmental laws

AGC and our partners in the Transportation Construction Coalition will continue to push for an infrastructure proposal that among other things provides a long term solution to the Highway Trust Fund and expedites the delivery of infrastructure projects.
For more information, contact Sean O’Neill at [email protected] or (202) 547-8892.

AGC submitted comments to the Federal Motor Carrier Administration (FMCSA) in support of a request by the National Asphalt Pavement Association (NAPA) to exempt asphalt transport and placement operations from two provisions in the truck driver hours of service (HOS) regulations. One exemption would remove the requirement that asphalt drivers take a 30 minute break during an eight hour driving period. The second exemption would expand to 14 (from 12) the number of hours an asphalt driver, that stays within a 100 mile radius of where they report for work, can drive and still be considered a short haul driver (and thereby subject to less strict rules). AGC, however, recommended that these exemptions apply broadly to asphalt industry drivers and not be limited to NAPA members only. While NAPA’s request asks for the broad exemption, FMCSA proposed to limit the exemptions to NAPA members. AGC also suggested that the rule cover a variety of trucks used in asphalt placement not just hauling trucks.
For more information, contact Brian Deery at [email protected] or (703) 837-5319.

The Department of Transportation (DOT) last week issued a notice to withdraw a proposed rule and end the pilot program that allowed states to require contractors to meet local hire mandates on federal-aid highway and federally assisted transit contracts. The Obama Administration proposed the permanent rule change in March of 2015 and, while the rule change was pending, created a pilot program allowing states to move forward with local hire requirements. The pilot program was initially in place for one year but just prior to the end of the Obama term, the Department extended the pilot program for an additional five years. AGC opposed this rule from its inception and discussed our opposition in a meeting with Transportation Secretary Chao early in her term and in letters to the Department. Last weeks’ notice to end the pilot program is a win for AGC members.
For more information, contact Brian Deery at [email protected] or (703) 837-5319.

Complimentary AGC Webinar: November 8, 2017 from 2:00 p.m. to 3:00 p.m. ET 
Register today for the U.S. Department of Labor’s Wage and Hour Division webinar for AGC members on the requirement for federal contractors to provide seven days (56 hours) of paid sick leave annually. The requirement when into effect for contract solicitations issued on or after Jan. 1, 2017.
Remember, this requirement only applies to direct federal contractors (those with prime or subcontracts with or through a federal agency—i.e., Army Corps, Navy, U.S. General Services Administration, and so forth). The requirement DOES NOT apply to prime or subcontracts with or through state departments of transportation. Again, click here to register or for more information.
For more information, contact Claiborne Guy at [email protected] or 703-837-5382.

This week, a bipartisan group of 59 senators signed a letter calling for reforms to and reauthorization of career and technical education under the Perkins Act. Earlier this year, the House unanimously passed reforms to the Perkins Act through the Strengthening Career and Technical Education for the 21st Century Act, H.R. 2353. The $1 billion program is significant because it helps offset the cost of career and technical education programs and is a component of AGC’s workforce strategy to close the skills gap. The reforms include better aligning education with local needs, promoting work‐based learning, spurring industry‐recognized credentials and providing modest funding increases.
AGC has been calling on the U.S. Senate to swiftly consider the House-passed bill and urges members to contact their senators to do the same. Today’s Senate letter closely aligns with the House-passed bill and AGC’s priorities, thus giving AGC encouragement that bipartisan legislation could can still happen.
For more information, contact Jim Young at [email protected] or (202) 547-0133.

Earlier this week President Trump issued his priorities for immigration reform. The crux of his 70-point policy will be used as bargaining chips for Trump’s support for continuing the Deferred Action for Childhood Arrivals (DACA) program. The other priorities were grouped by increased border security – including building a southern border wall –  increased interior enforcement – including mandatory e-verify – and a merit-based legal immigration system that prioritizes skill-based immigration.
The President’s agenda contrasts with many of AGC’s immigration priorities and lacks Congressional support, making it unlikely to advance as a whole. However, the debate could jumpstart Congressional action. AGC will use the opportunity to push for reforming the broken immigration system by restructuring the visa system, improving border security and addressing the undocumented workers already in the U.S.
For more information, contact Jim Young at [email protected] or (202) 547-0133.