Black Listing Rule - Gone

In 2014 the Obama administration issued an Executive order called the "Fair Pay and Safe Workplaces" order which began to take effect 25 October 2016, until full implementation in October 2017.  This order was otherwise known as the "Blacklist".

For supplies and services exceeding $500,000 the Executive Order required Contracting Officers to check whether or not businesses have violated a host of federal labor laws (over the past 3 years) before awarding any government contract to them.  This also include their sub-contractors.  It also placed a regular reporting burden on these businesses.

The federal labor laws that businesses would have to report on include:

(A) the Fair Labor Standards Act;

(B) the Occupational Safety and Health Act of

1970;

(C) the Migrant and Seasonal Agricultural Worker

Protection Act;

(D) the National Labor Relations Act;

(E) 40 U.S.C. chapter 31, subchapter IV, also known as the Davis-Bacon Act;

(F) 41 U.S.C. chapter 67, also known as the Service Contract Act;

(G) Executive Order 11246 of September 24, 1965

(Equal Employment Opportunity);

(H) section 503 of the Rehabilitation Act of

1973;

(I) 38 U.S.C. 3696, 3698, 3699, 4214, 4301-4306, also known as the Vietnam Era Veterans' Readjustment Assistance Act of 1974;

(J) the Family and Medical Leave Act;

(K) title VII of the Civil Rights Act of 1964;

(L) the Americans with Disabilities Act of 1990; 

(M) the Age Discrimination in Employment Act of

1967;

(N) Executive Order 13658 of February 12, 2014

(Establishing a Minimum Wage for Contractors); or

(O) equivalent State laws, as defined in guidance issued by the Department of Labor.

This placed a tremendous burden on the back of large and small businesses.  Smaller businesses who are most likely to be sub-contractors would have been hit the hardest because they don't possess the resources that larger corporations do to meet this obligation.

The good news is that there was a new Executive Order issued by the Trump administration that rescinds the Obama administration Executive Order and removed this burden from the backs of businesses.

Sources:
Presidential Executive Order on the Revocation of Federal Contracting Executive Orders
Executive Order --Fair Pay and Safe Workplaces
Watchdog.org
Majority Leader

By Bill Williams