Federal Contractor Report
November 2020
Federal Government
Incoming president and Congress should focus on enacting measures to rebuild infrastructure and revive the economy and avoid imposing needless regulatory burdens that will undermine growth
AGC of America’s chief executive officer, Stephen E. Sandherr, issued the following statement in reaction to the election of Joseph Biden to serve as the next president of the United States:
Federal Agencies
November 16, 2020
2 to 3 p.m.
The Department of Defense (DOD) will begin including mandating cybersecurity certifications for all companies that do business with DOD. Cybersecurity Maturity Model Certification (CMMC) will be required as “go/no go” in DOD solicitations. The purpose of CMMC is to become the “unified cybersecurity standard” for all DOD contractors. Under this model, defense contractors will be required to be certified among the different levels in order to be eligible for contract award. Please join AGC’s Director of the Federal and Heavy Construction Division Jordan Howard, and the Special Assistant to the Assistant Secretary of Defense for Acquisition, ASD(A), for Cyber Katie Arrington.
Would impact PPP loans of $2M or more
On Oct. 26, U.S. Small Business Administration (SBA) announced that Paycheck Protection Program (PPP) lenders would send a questionnaire to PPP borrowers who received a principal loan amount of $2 million or more and have to return a completed questionnaire in ten days. No questionnaire had been released until late on Oct. 30, when Politico released what appears to be a leaked version of the questionnaire, found here. As of this moment, the SBA has neither verified the Politico released questionnaire nor released an official one. The questionnaire is subject to review by and final approval of the White House Office of Management and Budget. AGC remains committed to ensuring AGC member PPP borrowers can receive loan forgiveness as Congress intended under the CARES Act, not SBA’s hindsight rulemaking and guidance. For more information, contact Matt Turkstra at Matthew.Turkstra@agc.org.
The U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) recently issued two new opinion letters. Of particular interest is opinion letter FLSA2020-16 addressing compensability of employee travel time in certain situations involving construction sites located away from the employer’s principal place of business. Specifically, the letter discusses the compensability of a non-exempt (e.g., overtime-eligible) foremen and laborer’s travel time under the Fair Labors Standards Act (FLSA). An opinion letter is an official document authored by WHD on how a particular law applies in specific circumstances presented by the person or entity requesting the letter. Opinion letters represent official statements of agency policy.
Smith, Currie & Hancock, LLP
Upcoming Events
November 13, 2020
2 – 3 p.m.
Register now for an in-depth discussion among AGC of America’s seasoned government relations team on how the 2020 election results could impact construction industry policies coming out of Washington, D.C., in the months to come. Will a trillion-dollar infrastructure bill finally become law? What are the chances of sweeping changes to labor, human resources, and safety/health construction laws and regulations? What federal tax changes are likely for your construction business and markets? AGC members should register today to reserve their complimentary spot on this webinar.
Watermark Solutions
AGC News
Both residential and nonresidential contractors added jobs in October, but total construction employment remains 3.9 percent below February peak as pandemic continues to depress demand
Construction employment increased by 84,000 jobs in October, with jobs added in both nonresidential and residential categories, according to an analysis by AGC of America of government data released recently. Association officials cautioned, however, that the pandemic is causing a growing number of construction projects to be canceled or delayed, according to a survey the association released in late October.
The most recent issue of Constructor magazine is available online now, featuring AGC of America’s Culture of CARE initiative which is moving the needle on diversity and inclusion in the construction industry. Also inside, you’ll find our Future Focus 2020 supplement, which includes tech-focused stories that will help you stay relevant as well as ahead of the curve.



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