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H. R. 5401: Child Care at Responsible Employers Act

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It appears to be ambiguous -  “shall give priority to”.   Does that make it the most important factor- unless the firm is a large business competing against a small business?  

Does it apply to construction contracts (“on-site” child care for employees of the entity”)?  

Does the entity include all (construction) subcontractors who come on-site, even if only present for short period(s)? 

It doesn’t say whether the contract cost would include the cost.  It doesn’t distinguish between government paid (allowable cost) and employee paid child care. Just requires “priority” for an entity “providing on-site child care for employees”.

Who provides the space for child care facilities? 

I’d like to see the CBO cost estimate for this legislation. 


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Guest Vern Edwards

It would be up to the FAR councils to implement the statute by writing appropriate procedural instructions.

It is clear that the purpose of the legislation is to motivate prospective offerors to provide on-site childcare. The FAR councils could implement the statute by instructing that giving priority means making childcare the tiebreaker when two offerors are equally ranked. That should satisfy the congressional mandate while causing the least amount of confusion.

It could apply to construction on the basis of chlldcare provided near a construction site or at their home offices.

It would be a mistake for the FAR councils to say that childcare should be an evaluation factor. The law should not apply to simplified acquisitions, but the proposed legislation does not exempt any category of acquisitions.This need not cost the government anything. The statute does not call for a contractual requirement to provide childcare.

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