Status as of: January 17, 2011
American Subcontractors Association, Inc.
Federal Regulatory Activity
Topic Agency Status ASA Summary
Exposes Slow Payments SBA Proposed ASA filed Requires prime contractors awarded federal
to and the Improper rule issued comments construction contracts valued at more than
Substitution on 10/5/11. on 1/6/12. $1.5 million to “notify the contracting officer in
Subcontractors on writing whenever the prime contractor does
Federal Projects Comments not utilize a subcontractor used in preparing
due on its bid or proposal during contract
1/6/12. performance.” The proposal would require
prime contractors to notify the contracting
officer in writing whenever the prime
contractor reduces payments to a
subcontractor or when payments to a
subcontractor are 90 days or more past due.
Public Access to Federal DoD Final rule ASA filed Creates a new FAR clause that notifies prime
Contractor Information GSA issued on comments contractors of a new statutory requirement
NASA 1/3/12. on 3/22/11. that gives the public access to the Federal
Awardee Performance and Integrity
Interim rule Information System (FAPIIS), excluding past
published performance reviews, as of April 15, 2011.
effective The final rule revises the interim rule and
immediately. allows contractors 7 calendar days to review
Public information posted to FAPIIS before that
comments information is made available to the public
due 3/25/11. and requires that a notice is sent to the
contractor whenever information is entered
into the system about that contractor. The
rule is effective Jan. 3, 2012.
Requires Federal DOD Final rule Requires qualifying contractors and
Contractors to Notify GSA issued on subcontractors at all tiers on federal projects
Employees of Rights to NASA 11/2/11. to post notices informing their employees of
Organize their rights under the National Labor
The final rule Relations Act.
Requires Contracting DOD Proposed Amends the DFARS to require contracting
Officers to Seek GSA rule issued officers to re-solicit a bid, with some
Additional Solicitations NASA on 7/25/11. exceptions, for at least 30 days, if the
When Only One Bid Is solicitation was posted for less than 30 days
Received Submit and only one proposal was received.
Encourages Contractors DOD Final rule All federal solicitations and contracts (valued
to Implement a Ban on GSA issued on at $3,000 or more) will contain a clause,
Employees’ Texting While NASA 7/5/11. which flows down to subcontractors, that
Driving encourages the implementation of “new rules
Effective on and programs or re-evaluation of existing
8/4/11. programs to prohibit text messaging while
driving; and education, awareness, and other
outreach to employees about the safety risks
associated with texting while driving.”
Standardizes Contractor DOD Proposed Proposes to amend the FAR to provide
Performance Information GSA rule issued Government-wide standardized of past
Collection via CPARS NASA on 6/28/11. performance evaluation factors and
performance ratings, and to require all past
Public performance information be entered into the
comments Contractor Performance Assessment
are due on Reporting System (CPARS).
Improves DoD’s DOD Final rule Revises FAR to add to the list of contract
Oversight of Contractor GSA issued on administration functions, the task of ensuring
Ethics Programs NASA 5/31/11. that contracts have implemented a contractor
business ethics program. The FAR requires
Effective on that subcontracts valued at more than
5/30/11. excess of $5,000,000 and a performance
period of more than 120 days.
Safety and Health
Topic Agency Status ASA Summary
Limits the Hours a FMCSA Final rule Maintains the current 11-hour daily driving
Commercial Truck Driver issued on limit and reduces from 82 to 70 the weekly
Can Drive 12/27/11. maximum number of hours a truck driver is
permitted to work. The reduction in hours is
Comment accomplished by limiting a driver’s “34-hour
Period re- restart” to once every 7 days. The rule also
opened on revises the definition of “on-duty.” “On-duty is
5/9/2011. “all time loading or unloading a commercial
motor vehicle, supervising, or assisting in the
Submit loading or unloading, attending a commercial
comments motor vehicle being loaded or unloaded,
by 6/8/2011. remaining in readiness to operate the
commercial motor vehicle, or in giving or
Proposed receiving receipts for shipments loaded or
rule issued unloaded. Unless a driver is released from all
on 12/29/10. responsibility for the vehicle while waiting to
be loaded or unloaded, time spent waiting is
still considered on duty time.” The effective
date for the rule is July 1, 2013, while the
“on-duty” revisions go into effect in 60-days.
Restricts the Use of FMCSA Final rule Prohibits commercial drivers from using a
Cellular Phones by issued on hand-held mobile telephone while operating
Commercial Drivers 12/1/2011. a commercial truck or bus.” The penalty for
violating this new rule can be $2,750 for each
offense. Multiple offenses by one driver could
mean their disqualification from operating a
commercial motor vehicle. Commercial truck
and bus companies can also face fines up to
$11,000 for allowing their drivers to use
hand-held cell phones behind the wheel.
Changes Respiratory OSHA Final rule Through its SIP Program, OSHA is the
Protection Standard and issued on agency is changing its existing respiratory
Updates Other 6/8/11. protection standard, including aligning air
Requirements cylinder testing requirements for self-
contained breathing apparatuses with U.S.
Department of Transportation regulations.
The agency is also: updating the definition of
the term “potable water;” removing an
outdated requirement that hand dryers use
warm air; and removing two medical record
requirements from the commercial-driving
standard because that standard no longer
requires medical examinations.
Extends the Use OSHA’s OSHA Notice Seeks comments on Information Collection
Underground OMB issued on Request (ICR) related to extending the use
Construction Standard 5/27/11. of OSHA’s underground construction
Requires the Posting of OSHA Notice Seeks comments on: (1) Requirement that
Emergency Telephone OMB issued on employers post emergency telephone
Numbers and Floor Load 5/27/11. numbers at the worksite if the 911
Limits emergency telephone service is not
Submit available; and (2) Requirement that
comments to employers post the maximum safe load limits
OMB by of
6/27/11. floors located in storage areas inside
buildings or other structures unless the floors
are on grade.
Revises OSHA 300 Log OSHA Comment ASA filed Revises OSHA 300 Log to add column for
to Add Column re Period re- comments employers to report MSDs. Includes a
Musculoskeletal opened on on 3/30/10. definition of MSDs for reporting purposes.
Disorders (MSD) 5/17/2011.
Limiting Exposure to OSHA Currently Finalizes a proposed rule regulating
Crystalline Silica under review crystalline silica exposure. OSHA's proposal
by OMB. is currently under review by the Office of
Rule Management and Budget (OMB). This is the
expected final review before the proposal is published
from OMB in in the Federal Register.
Topic Agency Status ASA Action Summary
Provides Final Guidance IRS Final rule Changes the change the effective date of the
on Implementing 3% published contractor tax withholding from Jan. 1, 2012,
Contractor Tax on 5/9/11. to Jan. 1, 2013. In addition, payments made
Withholding Requirement under contractors existing on Dec. 31, 2012,
President that are not materially modified, are exempt
signed law until January 1, 2014.
on Nov. 21,
Informs Federal GSA Bulletin Provides federal agencies with the
Agencies That the published information contractors need to request the
Energy-Efficient on 3/14/11. Energy-Efficient Commercial Building Tax
Commercial Buildings Deduction.
Tax Deduction Can Be
Used An Incentive for
Labor and Management
Topic Agency Status ASA Summary
Expedites Union NLRB Final rule The rule expedites union elections and
Elections issued on reduces litigation on union elections by limiting
12/22/11. testimony at regional hearings and
consolidating appeals of regional director
Proposed decisions into one post-election review
rule issue on request.
Federal Contractors and OFCCP Proposed Requires federal contractors and
Subcontractors Must Set rule issued subcontractors to set a hiring goal of having 7
a Hiring Goal of Having 7 on 12/9/11. percent of their workforces made up of
Percent of Their disabled individuals. The proposed rule would
Workforces Made Up of ANPR “apply to those contractors that have a contract
Disabled Individuals. issued on or subcontract of $50,000 or more and 50 or
7/23/10. more employees.” For applicable contractors,
they would be required to:
are due • Ask applicants to self-identify as the pre-offer
2/7/12. stage as an “individual with a disability.”
• Keep records of all individuals with
disabilities hired and applying for positions.
• Send job openings to One-Stop Career
Centers and other employment agencies.
• Survey all employers, annually, in order to
invite them to (anonymously) self-identify.
Covered Employers Must NLRB Effective Requires employers, including labor
Post Notice Informing date delayed organizations in their capacity as employers,
Employees of Their again until subject to the National Labor Relations Act
Rights Under the National 4/30/12. (NLRA) to post notices informing their
Labor Relations Act employees of their rights as employees under
(NLRA) Effective the NLRA.
Amends OSHA’s Rules OSHA Interim Final Amends OSHA rules regarding “whistleblower”
Regarding Filing A Rule issued complaints by giving individuals that report
Retaliation or on 11/3/11. Sarbanes-Oxley violations 180 days — instead
“Whistleblower” of 90 days — to file a “whistleblower complaint.
Strengthens Federal OFCCP NPRM Amends regulations to: (1) Define what
Contractor’s and issued on constitutes a protected veteran; (2) Adds
Subcontractor’s 4/26/11. additional language to EO clause in the
Affirmative Action contract that require the contractor to list
Obligations Toward Comments openings with an employment service; (3)
Protected Veterans due on Requires the contractor to keep records for 5
7/11/11. years detailing the number of referrals; (4)
requires contractor to review its AA policies
annually; (5) requires the contractor to engage
in a minimum number of out reach and
recruitment efforts targeting veterans.
Contracts entered in after Dec. 1, 2003, and
for more than $100,000 are subject to these
Amendments to the Fair Wage and Rule issued Defines the circumstances under which pay is
Labor Standards Act Hour on 4/5/2011. required for employees who drive their
Change Wage and Hour Division employer’s vehicle to and from work and
Compliance Rules Effective identifies when stock options are to be
5/5/11. included in calculating an employee’s regular
rate of pay.
Federal Contractors Must OFCCP Notice of Mandates that each covered contractor and
Establish Benchmarks for Proposed subcontractor take affirmative action to hire
Hiring Veterans Rulemaking and promote veterans. The threshold amount
issued on to trigger coverage by the affirmative action
4/26/11. plan (AAP) requirements for this group is a
single contract of $100,000 or more, entered
into on or after December 1, 2003.
Topic Agency Status ASA Action Summary
Energy Conservation Dept. of Notice of Proposes to amend DOE’s energy
Program for Certain Energy Proposed conservation standards for several classes of
Industrial Equipment: Rulemaking commercial heating, air-conditioning, and
Energy Conservation issued on water-heating equipment. DOE is proposing
Standards and Test 1/17/11. to adopt the amended standards in ASHRAE
Procedures for Standard 90.1 for small, large, and very large
Commercial Heating, Air- water-cooled and evaporatively-cooled
Conditioning, and Water- commercial package air conditioners; variable
Heating Equipment refrigerant flow (VRF)water-source heat
pumps less than 17,000 Btu/h; VRF water-
source heat pumps at or greater than 135,000
Btu/h; and computer room air conditioners.
New Energy Efficiency Dept. of Final rule Implements provisions in the Energy
Design Standards for Energy issued on Conservation and Production Act that require
New Federal Commercial 9/10/11. DOE to update the baseline Federal energy
and Multi-family High- efficiency performance standards for the
Rise Residential Effective construction of new Federal buildings,
Buildings and New 9/10/12. including commercial and multi-family high-
Federal Low-Rise rise residential buildings and low-rise
Residential Buildings residential buildings. DOE is using the
ASHRAE Commercial Standard for
commercial construction and the 2009
International Energy Conservative Code for
Amends the Definition of Dept. of Proposed Clarifies the scope of the current exclusion for
Vented Hearth Heater Energy rule issued vented hearth heaters that are decorative
on 7/22/11. hearth products. The proposed modification
“would shift the focus from the current
Public maximum input capacity limitation (i.e., 9,000
comments Btu/h) to a number of other factors, including
due on the absence of a standing pilot light or other
8/20/11. continuously burning ignition source.”