The U.S. Department of Agriculture (USDA) has proposed revisions to its procurement regulations similar to those it proposed two years ago, but this time there are no blacklisting provisions.
Two years ago, the USDA’s proposal to update its procurement procedures included controversial provisions that would have required USDA contractors to certify compliance with all applicable labor laws. It also would have given the USDA discretion to deny contracts based on its assessment of the contractor’s compliance records. Those blacklisting provisions were similar to proposals that the USDA unsuccessfully attempted to implement during the Obama Administration. CWC submitted written comments to USDA on both the Obama and Biden proposals urging the agency to delete the blacklisting provisions.
On July 26, 2024, the USDA published a proposed rule to amend its Agriculture Acquisition Regulation (AGAR) that was largely identical to the prior proposal but that does not include the blacklisting provisions. CWC plans to submit comments by the August 26, 2024, deadline urging USDA to continue to keep the blacklisting provisions out of its acquisition regulations.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.