Regulatory Action

Recovery Act - OMB Interim Final Regulation


Summary:

  • Implements Section 1512 of the Recovery Act. Requires contractors to report on their use of Recovery Act funds – to include jobs created by the funds, jobs retained by the funds, and the total compensation of the top five most highly compensated individuals employed by the contractor and first-tier subcontractors. Reports from contractors for all work funded, in whole or in part, by the Recovery Act shall be submitted no later than the 10th day after the end of each calendar quarter.
  • Implements Section 1605 of the Recovery Act. Prohibits the use of funds appropriated for the Recovery Act for any project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States. But, requires that the Buy American requirement be applied in a manner consistent with U.S. obligations under international agreements. Least developed countries can continue to be treated as designated countries. Provides for waivers under certain limited circumstances. 
  • Implements section 1606 of the Recovery Act. Requires all mechanics and laborers employed on projects funded directly by or assisted by (in whole or in part) Recovery Act funds to be paid wages at no less than the prevailing rate (as determined by the Department of Labor). 
  • Requires contractors to maintain records that adequately identify the source and application of Recovery Act funds, both at the prime contractor level and subcontractor level.



Announcements: OMB ARRA guidance


Deadline: June 22, 2009


Updates:

AGC Comments to OMB



Take Action!

Take Action AGC is compiling comments from the industry and will be making formal comments on the rule to the Office of Management and Budget. Please take a minute to read the guidance and submit comments.