Federal Contractor Report
May 2019
Federal Contractors Conference
AGC’s Federal Contractors Conference; June 10-12 in D.C.
 
The difference between AGC's Federal Contractors Conference (AGC’s FedCon) and other federal construction meetings is that at AGC’s FedCon construction contractor attendees drive the agenda. For this year’s conference—held June 10-12 at the Ritz-Carlton Hotel in Washington, D.C.—AGC is currently seeking your questions for consideration in meetings with headquarters leaders of the federal agencies. Click on the agency to see our draft agendas for their session and send AGC your comments.
Federal Government
Urge Action NOW on $2 Trillion Bill 
 
AGC is encouraging all AGC members and Chapters to urge their representatives, senators and President Trump to fund a robust infrastructure bill, including fixing the Highway Trust Fund by increasing the federal gas tax. President Trump and congressional Democratic leaders recently agreed in principle on a $2 trillion price tag for a broad infrastructure package. However, they fell short of identifying how to pay such a bill. Both sides agreed, nonetheless, to meet again to have a more specific conversation on how to pay for these new infrastructure investments. Help us keep the pressure on Congress and the president by urging them to act NOW on an infrastructure bill
 
For more information, contact Sean O’Neill at oneills@agc.org or (202) 547-8892.
 AGC Backed Bill Encourages Transparency and Fairness
 
Congressmen Pete Stauber (MN-08) and Marc Veasey (TX-33) introduced the AGC backed bill, H.R. 2344, that will require federal agencies to pay at least 50 percent of the actual (incurred or committed) cost percent of the cost of the unilateral change order which would lessen the negative impacts from unilateral change orders directed by the government.
  
 
On Thursday, April 25, AGC of America in partnership with the Master Builders’ Association of Western Pennsylvania, Constructors Association of Western Pennsylvania and P.J. Dick, Inc. hosted Representative Mike Kelly (R-PA) for a tour of a vertical construction project in Erie, Pennsylvania.  While touring the site, construction officials, AGC staff, and Rep. Kelly discussed the need for Congress to address the workforce shortage in the construction industry and pass a long-term infrastructure bill.  Rep. Kelly is the lead co-sponsor of AGC-supported legislation to create a new category of Private Activity Bonds (PABs) for the construction or rehabilitation of public buildings and AGC thanked him for his support.  Additionally, Rep. Kelly serves on the Committee on Ways and Means, and he discussed the effects of the Tax Cuts and Jobs Act on the Pennsylvania economy. 
 
If your company is interested in hosting a member of Congress for a job site tour please contact Jenni Traver at jennifer.traver@agc.org.
 
AGC of America is once again helping to support and promote Infrastructure Week – a national week of education and advocacy that brings together American businesses, workers, elected leaders, and everyday citizens around the message #BuildForTomorrow. During May 13-20, 2019, advocates around the country will highlight the state of our nation’s infrastructure and encourage lawmakers to invest in and modernize our roads, bridges, highways, airports, waterways, ports, and water systems.
Federal Agencies
  
Will Identify Billions in Public Asset Disposal 
 
General Services Administration (GSA) Administrator Emily W. Murphy recently swore in four new Public Buildings Reform Board members: Angela Styles, Mary Phillips, Nick Rahall, Talmage Hocker, and David Winstead. The board was established by the AGC-supported Federal Assets Sale and Transfer Act (FASTA). The Public Buildings Reform Board is mandated to identify opportunities to reduce the federal real property inventory and make recommendations for the sale of at least $8 billion worth of underutilized and vacant federal properties. AGC has long been involved in pushing for federal real property reform and has supported these efforts in Congress.
Calendar Years 2017 and 2018 Data Due Sept. 30 
 
Following the recent DC District Court decision ordering applicable employers turn over two years’ worth of worker pay data to the U.S. Equal Employment Opportunity Commission (EEOC) as part of the annual EEO-1 survey, the EEOC recently announced that it had chosen to collect data from calendar year 2017 in addition to 2018. These developments follow a March court order reinstating the previously revised Obama administration EEO-1 form’s pay data reporting requirements that the Office of Management and Budget (OMB) halted in 2017. The EEO-1 is an annual survey that requires all private employers with 100 or more employees and federal government contractors or first-tier subcontractors with 50 or more employees and a federal contract, subcontract or purchase order amounting to $50,000 or more to file the EEO-1 report. The filing of the EEO-1 report is not voluntary and is required by federal law.
Smith, Currie & Hancock, LLP
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Workforce
 
On May 6, the administration announced an additional 30,000 H-2B temporary non-agricultural worker visas will be available for fiscal year (FY) 2019. AGC has routinely asked Congress to expand the cap on H-2Bs. These supplemental H-2B visas are available only to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years (FY 2016, 2017, or 2018). Availability is restricted by prioritizing only those businesses who would suffer irreparable harm without the additional workers. Final details on the increase in H-2B Nonimmigrant Visas for FY 2019 can now be found here
Environmental
Suggests Improvements Based on Contractor Feedback 
 
On April 15, AGC formally supported and offered substantive feedback in response to a new definition of “waters of the United States” (WOTUS) proposed by the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers. The current proposal provides greater clarity than the 2015 WOTUS Rule (undergoing legal challenges and repeal) as: it better identifies federal waters, respects states’ primary role in pollution prevention, and balances major case law from the last couple of decades.
AGC News
 
Each year AGC of America conducts a survey of members involved in highway construction work to evaluate the state of highway work zone safety. We want to collect information on the number, severity, impacts and potential solutions to highway work zone crashes. Our intention is to use the information we collect from this survey as the main focus of a media and public education campaign we will launch the week before Memorial Day, the traditional start of the summer driving season.
 

 

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