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6 Jul, 2022

Working on Federal Projects—Beware of the Sovereign Acts Doctrine

2022-07-05T17:29:34-05:00July 6th, 2022|Construction Contractor Advisor, Federal Construction Projects|

Contractors working on federal projects continue to face losses caused by COVID.  Recovering these losses is proving difficult and the Sovereign Acts Doctrine may make it even more difficult. The Sovereign Acts Doctrine balances the government’s dual role in acting as a contractor and the sovereign.  When the sovereign takes action which is in the public good, a breach of contract action will not stand against the sovereign.  In order [...]

15 Apr, 2022

The Department of Labor is Updating Davis Bacon Prevailing Wage Regulations

2022-04-09T11:25:20-05:00April 15th, 2022|Construction Contractor Advisor, Davis Bacon Act, Federal Construction Projects|

Last month, the US Department of Labor issued a Notice of Proposed Rulemaking to update the Davis-Bacon wage regulations.  Specifically, the Department proposes to amend regulations issued under the Davis-Bacon that set forth rules for the pre-determination of Davis-Bacon wage rates. The Davis-Bacon Act, created in 1931, requires contractors and subcontractors working on federally funded projects to pay employees locally prevailing wages and benefits.  At present, Davis-Bacon wages are required [...]

22 Mar, 2022

Federal Contractors–Are you ready to register with the OFCCP?

2022-03-14T11:05:00-05:00March 22nd, 2022|Construction Contractor Advisor, Federal Construction Projects, Office of Federal Contract Compliance Programs (OFCCP)|

On February 1, 2022, the Office of Federal Contractor Compliance Programs (OFCCP) launched the contractor portal through which Federal Contractors must register their organization.  Federal Contractors will have until June 30, 2022 to certify that they have complied with Affirmative Action Plan requirements. WHICH FEDERAL CONTRACTORS HAVE TO CERTIFY? Service and Supply Contractors (and subcontractors) must certify that they have adopted an Affirmative Action Plan.  Construction Contractors do not have [...]

8 Feb, 2022

Biden Signs Executive Order Requiring Project Labor Agreements

2022-02-08T08:18:03-06:00February 8th, 2022|Construction Contractor Advisor, Executive Order, Federal Construction Projects, Project Labor Agreement|

On February 4, 2022, President Biden signed an Executive Order on the use of project labor agreements (“PLA”) on federal construction projects.  The Order will not go into effect until the Federal Acquisition Regulatory Council drafts regulations, which must be issued by June 4, 2022. President Biden’s executive order is making good on his promise to be the most “union friendly” president in history and could impact over $262 billion [...]

15 Sep, 2021

Biden Executive Orders Mandates Vaccines for Federal Contractors

2021-09-13T17:39:11-05:00September 15th, 2021|Construction Contractor Advisor, COVID-19, Federal Construction Projects, Government Regulations|

On September 9, 2021, the Biden Administration issued an Executive Order “Ensuring Adequate COVID Safety Protocols for Federal Contractors.” While the details are not entirely clear, it appears that in the next few weeks, federal contractors will have to provide evidence of vaccination of their employees working on federal projects. Implementation The Safer Federal Work Task Force has been directed by Executive Order to issue guidelines by September 24, 2021, [...]

10 Feb, 2021

Buy America—The Biden Administration’s Plan

2021-02-06T11:16:48-06:00February 10th, 2021|Buy America Act, Construction Contractor Advisor, FAR Council, Federal Construction Projects|

The Biden Administration issued another executive order, this one focusing on the application and enforcement of the Buy America Act.  As the name indicates, the Buy America Act is intended to increase the amount of American goods used on and in government contracts.  President Biden’s executive order focuses on enforcement and the administration of the Act. The most significant change created by the executive order is to create a Made [...]

7 Oct, 2020

Executive Order Requires Government Contractors to Review Employee Training

2020-10-03T11:27:48-05:00October 7th, 2020|Construction Contractor Advisor, Executive Order, Federal Construction Projects, Government Contracting|

On September 22, 2020, President Trump issued an executive order entitled Combatting Race and Sex Stereotyping.  The Executive Order requires contractors to review the anti-harassment training they provide to their employees and include additional language in their subcontracts. The Purpose of the Executive Order The express purpose of the Executive Order is to combat “misrepresentations of our country’s history and its role in the world.”  According to the EO, these [...]

5 Aug, 2020

FIGG Bridge–Debarred for 10 Years?

2020-08-04T07:34:32-05:00August 5th, 2020|Construction Contractor Advisor, Debarred, Federal Construction Projects|

The Department of Transportation’s Federal Highway Administration (FHWA) suspended FIGG Bridge Engineers, Inc. from participating in any federally funded projects and has proposed a 10-year debarment, which would bar FIGG from performing work on any federally funded or assisted projects. The FHWA decision to bar FIGG is based on FIGG’s involvement with the 2018 pedestrian bridge collapse at Florida International University’s campus.  As you may recall, the collapse killed six [...]

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