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AGC Wants Fed to Protect Border Wall Contractors from Fallout

Asks Justice Department to prevent states and cities from penalizing firms that participate in the Border Wall's construction

November 02, 2017
AGC wants federal protection for workers and equipment on border wall job sites

Bloomberg.com reports that the Associated General Contractors of America (AGC) wants Attorney General Jeff Sessions to sue to prevent states and localities from denying contracts or divesting from companies that participate in construction of the border wall.

AGC also wants federal protection for workers and equipment on the project job sites, as well as reimbursement for contractors who hire security or have equipment damaged by vandalism. Currently, the government offers no protection of any kind to workers or companies participating in the wall construction per bid specifications.

At issue is companies who declined to bid on the wall prototype competition, citing political backlash, withdrawal of state and municipalities bid opportunities, and subcontractors who refused to work on the project. Cities in California, Arizona, and New York have already passed resolutions that restrict local governments from doing business with wall contractors.

But getting federal support and protection isn't going to be quick or easy. Although AGC says penalizing companies is unconstitutional, Charles Tiefer, a professor specializing in government contracting at the University of Baltimore School of Law, said the federal government typically can’t take action without Congress or federal agencies first enacting legislation or contract provisions that prevent states and cities from moving against companies.

And, of course, all decisions depend on getting funding for the wall.

Read Bloomberg's Border-Wall Bidders Plead for Trump's Help to Fend Off Opponents here.

image:US Customs and Border Protection

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