Federal Contractor Report
April 2022
Federal Contractors Conference
June 20-22 in Washington, D.C.

Register today for AGC’s Federal Contractors Conference held June 20-22 in person in Washington, D.C. The conference is live so the only way you can hear from the federal agencies and industry experts is to attend. At AGC’s FedCon, construction contractor attendees lead the meetings and develop questions for federal agencies. There are robust discussions between attendees and federal agency representatives; not death by PowerPoint presentations. In addition, learning about the latest projects and policies set to hit the street, AGC’s FedCon provides an opportunity to address problems the construction industry faces when working for USACE, including but not limited to: project delays, change orders, requests for equitable adjustments, claims, past performance evaluations, new regulations and more.

To register for AGC’s FedCon, click here.
For more information, please contact Jordan Howard at Jordan.Howard@agc.org.
Federal Government
With the federal government seeking to mandate PLAs, AGC needs your help completing a quick survey to help relay their impact on your construction business
Fill out this survey to provide the association with critical information on this subject. On February 4, President Biden signed E.O. 14063 which will require every federal prime contractor and subcontractor to engage in negotiation or agree to PLAs on federal construction projects valued at $35 million or more. (AGC Memo) Rest assured, AGC of America will rigorously explore every possibly avenue—including legal options—to push back against this E.O., as underscored in the association’s statement.
• Fill out this survey to provide the association with critical information on this subject.
Federal Agencies
AGC seeks clarity from agency, as its efforts appear to go well beyond the basic concepts of providing water, rest and shade, the core elements of OSHA’s heat prevention initiatives since 2011
On April 8, OSHA issued the first national emphasis program (NEP) addressing outdoor and indoor heat-related hazards. The NEP incorporates and expands on the September 1, 2021, heat initiative memorandum to further focus on heat-related hazards and provides procedures for programmed and follow-up inspections in targeted workplaces. Under the emphasis program, each Region is expected to have a fiscal year goal of increasing their heat inspections by 100% above the baseline of the average of fiscal years 2017 through 2021. OSHA Area Offices are required to assess the potential for heat-related illnesses, injuries, and deaths where heat-related hazards may exist on heat priority days when the heat index is expected to be 80°F or higher.
In an upcoming case, the Supreme Court will reexamine what’s a “water of the United States” (WOTUS), which could limit federal permitting and enforcement action involving construction
AGC filed a joint April 18 “friend-of-the-court” brief in the case Sackett v. Environmental Protection Agency at the U.S. Supreme Court. The Court will take a fresh look at what are “waters of the United States” (WOTUS) under the Clean Water Act (CWA), which may limit federal agencies’ permitting and enforcement authority over construction work in isolated wetlands and ephemeral streams. The U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers’ (Corps) will need to factor the Court’s decision into their planned WOTUS rulemakings.
The U.S. General Services Administration (GSA) issued new carbon standards under its facilities standards for the Public Buildings Service (P-100)
On March 30, the U.S. General Services Administration (GSA) issued new carbon standards under its Facilities Standards for the Public Buildings Service (P-100) to require the use of lower carbon concrete products and asphalt paving practices for all GSA design and construction contracts that involve at least 10 cubic yards of those materials. The general contractor now must source concrete that meet specific carbon requirements; collect and maintain documentation associated with both materials; and, in the case of asphalt, employ carbon reduction practices such as recycled content or reduced mix temperatures. AGC is analyzing these new requirements and will provide further updates.
Smith, Currie & Hancock, LLP
The video provides an in-depth look at AGC’s efforts to ensure the industry plays a lead role in shaping climate change policies that impact construction
A new video from AGC provides an in-depth look at AGC’s efforts to ensure the industry plays a lead role in shaping climate change policies that impact construction and help build a greener future. The video explores how three AGC task forces have been meeting as part of this effort to: identify technology advances that can improve efficiency; explore ways to build safe and healthy communities; and understand the impacts of climate and climate change policies to the supply chain. The video also includes details about AGC’s new Climate Change Toolkit which we built to help members learn more about this topic and identify ways members can get involved.
Upcoming Events
With the surge of new and upcoming infrastructure projects funded by the federal government, contractors pursuing work on federal projects that require bonds must understand the nuances of payment and performance provisions. Contractors who intend to work on most federally funded construction projects must post bonds before work can begin. Check out the ConsensusDocs webinar happening on April 27 (details and AGC Discount Code below) – even if you can’t listen live, you get the recording. And visit the Surety Bonding Tab of AGC’s Risk Management website – CLICK HERE  – for other resources and information.
AGC News
AGC and survey partner HCSS will use results to urge motorists to be careful during the summer travel season
AGC of America and our survey partner, HCSS, are asking all highway and transportation members help us improve work zone safety by completing this brief survey. We want to collect information on the number, severity, impacts and potential solutions to highway work zone crashes. We will use the results of this survey for a media and public education campaign we will launch the week before Memorial Day to encourage motorists to be more careful in work zones.

Please take a few minutes to complete this important highway work zone safety survey by May 13: https://www.surveymonkey.com/r/RN3PGJD. And of course, please do not hesitate to contact Brian Turmail at 703-459-0238 or brian.turmail@agc.org with any questions, comments or concerns about this survey and our plans to use it to promote highway work zone safety.
Construction Safety Week started in 2014, when more than 40 national and global construction firms comprising the Construction Industry Safety Initiative (CISI) group and the Incident and Injury Free (IIF) Forum joined forces with a single aim: to inspire everyone in the industry to be leaders in safety. On this episode, Ken Aldridge of Aldridge Electric, and Mike Burke of Alberici Constructors, both serving as chairs on the Safety Week committee, share some history of the tradition, what this annual campaign means to them, and how you can participate. This year’s Safety Week will take place May 2-6, 2022. Visit the website to find all the resources you need.
For more than two years, the U.S. construction industry has been buffeted by unprecedented increases in material costs, supply-chain bottlenecks, and a tight labor market. AGC’s Construction Inflation Alert is intended to help owners, public officials, and others understand what contractors are experiencing. It also outlines steps owners and contractors can take to adjust to the fast-changing market conditions.
The April 2022 edition—the 7th since early 2021—includes information on the impact of the war in Ukraine on recent increases in materials costs and supply delays.
Chapters and members are encouraged to forward the latest information about conditions, such as supplier newsletters and “Dear Valued Customer” letters, to Chief Economist Ken Simonson at ken.simonson@agc.org. AGC will continue to update the Alert as needed.
In this episode, we cover the steps the Biden Administration has taken related to construction and the environment. AGC’s Director of Environmental Services Melinda Tomaino walks you through the environmental highlights and headlines on WOTUS (waters of the United States), species-related issues, climate change policy developments and implications for projects, and environmental review and approvals. Find out how AGC is making timely decisions and setting priorities, the important role AGC plays in policymaking, and how you can get involved.



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