ASA Advocacy In Action: ASA Participates in Rep. Veasey Roundtable with House Small Business Chairman Nydia Velazquez! 

Pictured (L-R): Brian Chester, Rep. Veasey (D-TX), Brian Carroll, House Small Business Chairwoman Nydia Velázquez , and Jollyn Mwisongo 

On Friday, June 28th, incoming ASA Treasurer Brian Carroll (Sanderford & Carroll, P.C.), along with ASA of North Texas members’ Brian Chester (United Mechanical) and Jollyn Mwisongo (ACARI Management Group), attended a Small Business Roundtable hosted by Rep. Marc Veasey (D-TX) in conjunction with House Small Business Chairwoman Nydia Velazquez (D-NY). The event, which was held at the Dallas/Fort Worth Chapter of the National Association of Minority Contractors, allowed construction subcontractors to explain barriers they face in contracting or subcontracting with the federal government. Our members addressed several subcontractor issues in our industry including prompt payment, retainage and change orders with Reps. Veasey and Velazquez, and offered ideas on what changes the ASA would like to see at the federal level.

“ASA was well represented at a meeting with Congressman Veasey and the Chairwoman Nydia Velazquez of the House Small Business Committee.  ASA was able to speak on behalf of subcontractors nationwide regarding prompt payment, change order and retainage concerns that impact the bottom line of its member and the greater subcontractor community.  I was greatly appreciative to have two members of Congress sit down in a small group for a half-day to discuss and understand our concerns.” – Brian Carroll, ASA Treasurer

Are Millennials Flocking to Your Door?

If so, tell us how you are working to engage young people and new employees in the trades. Are you working with programs like Helmets to Hardhats? Does your company have a partnership with a local community college, university or apprenticeship program? How do you connect with your local community?

The American Subcontractors Association is currently working to gather all of your amazing ideas to be able to share with other ASA chapters around the country. Let us know how you reach out to young, new talent, as well as your best practices in each initiative.

Have something exciting to share?  Email us your ideas at communications@asa-hq.com. We can’t wait to hear from you!

NLRB Rules Overbroad Confidentiality Policy is Unlawful

An employer’s confidentiality policy stated in part that “all information gathered by, retained or generated by the Company is confidential. There shall be no disclosure of any confidential information to anyone outside the Company without the appropriate authorization.” Finding the rule unlawfully overbroad, the National Labor Relations Board noted that while the rule does not explicitly target wages and working conditions, the rule’s definition of confidential information is so broad as to easily be interpreted to include such information. Employee wage rates, employment policies, handbook rules, and virtually all other terms and conditions of employment are information that is “generated” and “retained” by the Employer, and a confidentiality rule encompassing such information violates the National Labor Relations Act. We recommend all employers review their Employee Handbook annually to ensure compliance with all federal and state laws.

Change Orders Amendment to the House NDAA Bill

In July, the House continued debate and voted on their National Defense Authorization Act (NDAA), which had 658 amendments attached to it.  One of those amendments (#40), important to ASA and the construction community, was offered by Rep. Stauber (R-MN) regarding change orders legislation. Unfortunately, the House Rules Committee only accepted 439 amendments for NDAA’s floor consideration and the Stauber Amendment #40 was not accepted despite the valiant attempt by Rep. Stauber, who prodigiously testified on the merits of the amendment to the House Rules Committee. We will continue to work with Rep. Stauber and the House Small Business Committee on next steps.   
 
The Stauber Amendment (#40) to the House NDAA mirrored the language included in H.R. 2344 offered by Reps. Stauber (R-MN) and Veasey (R-TX), which would compel agencies to be accountable for changed work they order by funding their own construction projects in a timely manner, instead of diverting that financial burden to the small contractors. Mitigating the risks imposed on small construction contractors will encourage small business participation in the federal construction marketplace, driving competition and decreasing prices for the federal government. This “change orders” legislation would amend the Government-wide Federal Acquisition Regulation (FAR) to provide prospective construction contractors with the following: 

• Pre-Bid transparency of federal construction services

More specifically, on the Equitable Adjustments to Construction Contracts Section, this language models legislation introduced by Rep. Fitzpatrick (R-PA) in the 115th Congress, which would do the following: 

• Require agencies to report during the solicitation process when it is the agency’s policy or procedure to bundle change orders for approval and payment at the end of the job, long after the contractor has completed the work.
• Require an agency to pay for 50 percent of the actual (incurred or committed) cost to perform change order work.

ASA Capitol Fly In

ASA members are encouraged to join the conversation on Capitol Hill by participating in a one-day Fly-In to take our message directly to members of Congress and their staff. Fly-In program Includes:

Meeting on The Hill with your Members of Congress or their staff

•     A briefing session on ASA’s legislative priorities in Congress and training on lobbying and influencing your elected officials

•     Networking with your ASA peers from across the country

Registration: $125 per person

Registration is now open through July 31, 2019. Fees include briefing sessions, breakfast, group reception and dinner.

Lodging: We will be confirming hotel and booking information following the July 31st registration deadline. Rates for Washington, DC at this time of year are expected to be between $300 – $400 per night. For more information and to register, CLICK HERE.

The DIGIT Act On July 10th, the Senate Commerce Committee debated S. 1611, the Developing and Growing the Internet of Things (DIGIT) Act, which would convene a working group of federal entities and private sector stakeholders tasked with providing recommendations to Congress on how to facilitate the growth of connected Internet of Things (IoT) technologies. The working group’s recommendations would focus on how to plan for, and encourage, the development and deployment of the IoT in the United States. As Sen. Fischer (R-NB) stated, “the DIGIT Act would prioritize coordination of private sector experts with government agencies to help Congress create smarter policies. With this bill, we can continue to foster innovative solutions that deliver economic and societal benefits across many different sectors – from transportation to agriculture.” The DIGIT Act unanimously passed the Senate in the 115th Congress.