Concrete Products

JUL 2015

Concrete Products covers the issues that attract producers of ready mixed and manufactured concrete focusing on equipment and material technology, market development and management topics.

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www.concreteproducts.com July 2015 • 15 GOVERNMENT AFFAIRS REGULATIONS CONTRACTORS SPELL RULE PITFALLS The Associated Builders and Contractors firmly opposes the Federal Acquisition Regulatory Council-proposed "Fair Pay and Safe Workplaces" rule, which along with a Department of Labor guidance memo implement President Obama's sweeping "Blacklisting" Executive Order 13673 targeting the federal contracting community. "This rule creates a murky, absurdly cumbersome federal acquisition system that allows contracts to be awarded in a subjective nature by unelected bureaucrats," says ABC Vice President of Government Affairs Geoff Burr. "The 'blacklisting' proposal will unnecessarily complicate the federal acquisition process by adding undue subjectivity and may result in some of the best federal contractors being blacklisted from winning future contracts. Additionally, the administration's latest assault on federal contractors via illegal executive overreach will result in more bid protests and more frequent and costly labor and employment disputes. "Taxpayers, contractors and their employees deserve a fair and transparent process award[ing] contracts to firms that will deliver the highest quality product at the best price … This proposal is a clear step in the wrong direc- tion [and] will discourage small businesses from pursuing federal contracts; threaten the livelihood of millions of Americans employed by federal contractors; and, expose taxpayers and businesses to increased costs and risk. We are committed to fighting this proposal in the courts, Congress and through any additional avenue." ABC officials challenged the Executive Order in an Octo- ber 2014 White House listening session, hosted by Labor Sec- retary Thomas Perez, Director of the White House Domestic Policy Council Cecilia Muñoz and Deputy Director at the Office of Management and Budget Beth Cobert. ABC also joined 19 other business trade groups in a letter the following month to Secretary Perez and Director Muñoz requesting the president withdraw the Fair Pay and Safe Workplaces Executive Order. (g) Any order or finding from any administrative judge, adminis- trative law judge, the Department's Administrative Review Board, the Occupational Safety and Health Review Commission or state equivalent, or the National Labor Relations Board that the con- tractor or subcontractor violated any provision of the Labor Laws. Section III of the DOL guidance—"Weighing Violations of the Labor Laws"— describes what constitutes "serious, repeated, willful, or pervasive violations." Notably, because each employment statute includes its own set of defnitions, the DOL guidance explains that: [u]ltimately, each contractor's disclosed violations of Labor Laws will be assessed on a case-by-case basis in light of the total- ity of the circumstances, including the severity of the violation or violations, the size of the contractor, and any mitigating fac- tors. In most cases, even for violations subject to disclosure and consideration under the Order, a single violation of one of the Labor Laws will not give rise to a determination of lack of respon- sibility. To this end, the guidance includes a number of examples of such violations by employment law. The public comment period on the Federal Acquisition Regula- tions: Fair Pay and Safe Workplaces (FAR Case 2014-025) Proposal and Guidance: Fair Pay and Safe Workplaces is open through July 27 at www.regulations.gov. Scan the QR Code to email Jef Bishop, Precast Division Manager, and set up a product demonstration at your location! Be sure to include: Competing Product www. nox-crete .com Let us show you what our products can do! Nox-Crete Form Release Agent ◆ ◆ Name ◆ ◆ Location ◆ ◆ Phone Number ◆ ◆ Products produced ◆ ◆ Any issues jbishop@nox-crete.com

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