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Subcontractors, Washington, and What Comes Next: Policy Moves That Matter

In this episode of The Cost Code Show, Ryan Gilmore sits down with Mike Oscar, Director of Government Relations for the American Subcontractors Association (ASA), to break down what subcontractors should be paying attention to in 2025. From prompt payment and change order reform to tax legislation and workforce development, Mike explains how policy decisions made in Washington directly affect the way trade contractors manage cash flow, protect margins, and plan for growth.

Ryan and Mike dig into ASA’s ongoing push to improve payment protections for subcontractors, including efforts to ensure contractors get paid more quickly on approved change orders instead of carrying those costs until the end of a project. They also discuss how federal acquisition rules, the National Defense Authorization Act, and broader procurement policy can shape opportunities and risks for subcontractors working on public and military jobs — and why those changes often influence state and local work too.

The conversation also covers the practical side of tax reform, including the long-term importance of preserving the 20% Section 199A deduction, bonus depreciation, Section 179 expensing, and other provisions that matter to small and family-run construction businesses. Mike also shares how ASA is thinking about the labor pipeline, from apprenticeship support and school outreach to immigration pathways, childcare support, and safety policy — all with the goal of helping subcontractors build a stronger workforce for the future.

Whether you’re a subcontractor trying to stay ahead of policy changes, an accountant advising construction clients on cash flow and tax strategy, or an industry leader looking for a clearer view of the legislative landscape, this episode offers a practical look at how advocacy, regulation, and business operations intersect.

Resources & Takeaways

  • Learn why prompt payment and change order reform remain some of the most important legislative issues for subcontractors in 2025 and 2026.
  • Understand how federal procurement rules and defense legislation can directly affect subcontractors working on public and military projects.
  • See how current tax policy changes can influence equipment investment, succession planning, and overall financial strategy for construction businesses.
  • Discover how workforce development policy now connects to apprenticeship funding, school engagement, immigration discussions, and jobsite safety.
  • Understand how subcontractors can use industry advocacy groups like ASA to help shape the policies that impact how they get paid and grow.

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Ryan Gilmore:
Hello everyone, and welcome to The Cost Codes Show, presented by Knowify. This is a podcast where we focus on helping trade contractors run and grow their businesses.

Today, I’m excited to welcome Mike Oscar, Director of Government Relations at the American Subcontractors Association. Mike is a fierce advocate for subcontractors, and on today’s episode, he’s going to share some of the work he’s been doing on Capitol Hill to ensure the interests of subcontractors and trade contractors are fairly represented.

How are you doing today, Mike?

Mike Oscar:
Thank you very much, Ryan. I appreciate the opportunity to speak with you and your audience about the importance of the American Subcontractors Association being involved in the government space, which is something we take very seriously.

I serve as ASA’s National Government Relations Director, and we have a lot of different priorities that we take on one at a time.

Just to give a little background, the American Subcontractors Association is a pivotal entity in the construction industry, representing over 3,500 subcontractors across the United States. Our legislative priorities are aimed at addressing critical issues that impact subcontractors and, by extension, the broader construction sector, where they play an essential role in construction projects.

Ryan Gilmore:
Appreciate that intro and the background on your work and what ASA is doing. Let’s kick things off with the big picture: what’s at stake for subcontractors in 2025 as far as legislation is concerned?

Mike Oscar:
A constant priority is making sure our subcontractor members are paid — and paid on time. We are constantly monitoring that from both a legislative and regulatory perspective.

Specifically, just yesterday, the Federal Acquisition Regulations, or FAR, came out with their newly amended version. This was something the new administration said they were going to do, and we want to make sure that whatever they added, deleted, or removed still ensures that on all federal construction projects, there are protections in place so that our members are paid on time.

And if there are change orders — which are ubiquitous throughout the construction industry — we want to make sure those change orders are also paid promptly and on time.

So that’s on the regulatory side.

From the legislative side, we’re looking specifically at legislation that was just reintroduced yesterday by Representative Pete Stauber. He has been a stalwart for us. Representative Stauber is from Minnesota, and he also serves as our co-chair for the Construction Industry Procurement Caucus, which is one of the caucuses supported by the U.S. House of Representatives.

He reintroduced his Small Business Payment for Performance Act, which is legislation designed to ensure that when 50% of a change order is complete, 50% of that change order is paid out. Oftentimes in the contract process, the change order isn’t paid until the entire job is complete. That means our individual members have to carry the cost of that change order for quite a long time while they wait to get paid.

They may have already moved on to another project, while the earlier project is still ongoing. That delay can last multiple months, even multiple years. We want to ensure there is efficiency in the whole payment chain so that our members are paid for the work they’ve completed, and paid on time.

In federal construction work, if we sign a contract, we are obligated to satisfy the requirements of any change to that contract and to the performance of work. So getting paid, and getting paid on time, is very important.

Also, at this time of year, Congress works on the National Defense Authorization Act, the annual bill that funds the Defense Department. Believe it or not, there are a lot of procurement clauses and measures in that legislation that directly impact our members. Many of them do work on military bases across the different armed services.

At the same time, if we’re effective there, it can also have a trickle-down effect at the state and local level. It helps us create precedent for legislation outside the military context that still impacts public projects.

So we’re looking at issues like bonding, public-private partnerships, environmental impact statements, and studies that fall under the purview of the NDAA. We’re watching that bill as it’s being crafted to ensure that our contractor members are protected.

Again, we’re looking at it from both the regulatory and legislative sides, and that’s happening right now in real time.

Ryan Gilmore:
That’s fantastic. Those are a lot of hot-button issues for our customers, who are mainly subcontractors and trade contractors. Especially change orders.

I know the ASA advocates for change-order payment reform through the Small Business Payment for Performance Act. Is that the same thing you were discussing at the beginning of your answer?

Mike Oscar:
Yes, that’s the legislation Representative Stauber has introduced numerous times. But we’re also taking it one step further.

We originally introduced this back in 2018. I understand that we’re in 2025 now — close to seven years later — but legislation takes time. There’s an education process. There are changes in administrations, changes in party control, and changes in who holds the majority and minority. Republicans now control Congress, the executive branch, and even the Supreme Court. That has its benefits, and it has its concerns as well.

We’ve been working with Representative Stauber because whenever he’s offered that legislation as an amendment to the National Defense Authorization Bill, we’ve gotten a thumbs-down from the Defense Department.

They see it as an additional cost because they’re held to yearly budgets, and they also claim it would cost money to upgrade their software to ensure that these payments happen on a more timely basis. We don’t necessarily buy into that argument, and we’ve opposed it.

But the reality is, when the Defense Department says they’re not for something, it becomes very hard to get support.

So we’ve been working on a parallel track with Senator Joni Ernst of Iowa, who chairs the Senate Small Business Committee. She’s taking the legislation to a different level by looking at it through the lens of unpriced change orders, as opposed to standard priced change orders.

For projects that are $5 million or more, or that are considered on the critical path, the government already has mechanisms in place. Think about post-9/11 Homeland Security projects, for example. Those were critical-path projects. Today, you could think of work related to Space Force — something this current administration considers very important. Contractors are working on those kinds of projects now, and they fall into that category.

So working with Senator Ernst, what we’re trying to say is: if the government already allows for 50% of a change order to be paid at the halfway point on projects of $5 million or more, then why can’t we apply similar reasoning to projects of $5 million or less — which is really where most of our subcontractors operate?

I’m not underestimating the members who do projects over $5 million, but if I’m talking about the majority of our members, most are in that $5 million-or-less range.

We’ve been working closely with her staff. She has a brilliant chief counsel who’s been very involved. She’s convened meetings with some of our subcontractors and with the Air Force. The Air Force has been open to technical corrections. They’re not opposed, but they’re not going to formally come out for or against the bill.

We’re working on that right now because I want to get something done for my members. I don’t believe in supporting legislation just for the sake of supporting legislation.

We have a government affairs committee that’s quite robust — over 90 members — made up primarily of subcontractors, along with some supplier members and attorneys who represent us in the construction law space. They’re directly telling us what their priorities are, and we’ve been working closely to provide strong input to Senator Ernst as she drafts the bill.

The bill isn’t complete yet, but I stay in constant communication with that committee and with our state chapters. We meet four times a year, and beyond that we communicate regularly by email and phone. I also visit state chapters quite often.

They’ve instructed me that they want to take this a step further. We met with Senator Ernst during our fly-in on June 12 in Washington, D.C., and she felt we were moving in the right direction. I continue to talk with her, and she has a big business expo coming up on August 12 in Ames, Iowa, where the Small Business Administrator will be joining. That will be another opportunity for us to keep the conversation moving.

So yes, this is deep in the weeds, and maybe not everyone in your audience follows the process this closely, but this is how it works — through the committee, through our co-chairs, through my board, and through direct conversations with our members.

This is a top priority. Change-order reform is critical, and we want to ensure that reform actually does what it’s supposed to do: get our members paid on a timely basis.

Ryan Gilmore:
Excellent. I appreciate the detailed answer there, and I think our audience will too. It’s great to know you’re approaching this from a two-pronged point of view to get things done.

I want to move on to another topic. I know tax reform is a big one as well. Maybe you could talk a little bit about some of the issues you’re watching this year and how they might impact ASA members and subcontractors at large.

Mike Oscar:
The name of the bill that came out of the budget reconciliation process was the “One Big Beautiful Bill.” You may have heard that in the news.

Regardless of the name, the budget reconciliation process has been used for quite some time by both sides of the aisle. It’s a way to circumvent the filibuster in the Senate, because all you need is a majority. They worked on the bill in the House and finished it in the Senate by July 4, which was the deadline the president put in place.

Similarly, back in 2017, there was also a budget reconciliation bill dealing with many of the tax provisions this current bill addressed. The reason this new bill mattered is because provisions from the 2017 Trump-era bill were scheduled to sunset in 2025. They had put an eight-year horizon on that earlier bill.

So a lot of tax breaks that were very important to my subcontractor members were going to expire. That would have created a tremendous burden if those deductions, credits, and reforms weren’t extended.

Now, I won’t get into the entire bill because it’s massive. But I will say this clearly: ASA did not take a formal position on the entire bill. We were asked about it, and we did participate in a White House video specifically focused on the tax-reform provisions our members supported after meeting with White House officials.

Why? Because we are primarily small businesses. Some of our members are family-owned operations spanning multiple generations, so succession planning and estate planning are very important.

The Section 199A deduction for LLC owners was especially important. That’s a 20% deduction that can be used for capital improvements, administrative expenses, and a host of other business needs. Losing that deduction would have been quite catastrophic for many members.

A lot of our members either operate as LLCs or have LLC entities as part of the broader enterprise — maybe one for trucking, one for warehousing, and so on. That deduction was not only maintained, but made permanent at the 20% level, with no sunset horizon.

I’ll pause there just to note: Democrats also used budget reconciliation during COVID when they were in control. So the pendulum swings back and forth. In my view, it’s less of a partisan issue than a procedural tool to get around the filibuster.

I’m actually an institutionalist when it comes to preserving the filibuster because I think it forces discussion and negotiation. Right now the Senate is 53–47, but to pass most legislation you need 60 votes. That means you have to bring over seven votes from the other side, and while that can stall things, it also creates conversations that otherwise wouldn’t happen.

Back to the tax issues: other important provisions for us included estate tax relief, restoring 100% bonus depreciation, and maintaining Section 179 expensing, which allows contractors to choose how to expense and depreciate capital investments like machinery and technology. That promotes investment and innovation.

There was also an extension of the clean energy hydrogen production tax credit. A lot of our members are involved in that space, especially when you look at trades like electricians, steamfitters, and pipefitters. That credit was extended through 2028.

There were also tax deductions related to auto loans and work vehicles, which matter for contractors who may have multiple vehicles on job sites.

Then there are the broader household deductions depending on filing status — married, single, child tax credit, and so on.

One final piece that was especially important to us was allowing 529 college savings plans to be used for the skilled trades. This is something we worked on back in the first Trump administration, but this time it was clarified so that if a student or family member decides not to go to college and instead wants to pursue the trades, those funds can now be used for apprenticeship programs, equipment, uniforms, and related expenses.

That was a major push from Representative Donald Norcross of New Jersey, who is a Democrat and an IBEW member. He often tells the story of going through his apprenticeship while also going through a divorce, and how important family support was to make childcare and work possible. The updated 529 rules can also help with some home-care-related needs.

So those are some of the things you may not hear about when you just hear the title “One Big Beautiful Bill.” But those tax provisions were critically important to our members.

I’m certainly not an accountant by trade, but I work with a lot of accountants, economists, and attorneys who combed through these provisions and helped make clear to our members how important they were.

So we supported those provisions, we’re glad to see them in place, and we look forward to our members benefiting from them as we head into next tax season.

Ryan Gilmore:
Awesome. I appreciate all that detail there, because you definitely don’t hear about those individual items when people talk about these large bills and big legislative packages.

Mike, I know we’re a little short on time, but I wanted to get one more question in before we sign off.

I wanted to dig into workforce training. I know that’s a big topic for ASA, so maybe you could talk a little bit about what you’re working on there.

Mike Oscar:
The construction industry is a very challenging but also energizing industry to be part of.

We’ve always looked at workforce issues from all angles because labor is essential. We can’t complete the work without employees. One of the unique things about ASA is that we represent both union and non-union members, so apprenticeship programs are critical.

The 529 change I just mentioned is one way we may be able to help students who want to enter apprenticeship programs become more engaged.

We’re also working with our chapters — we have about 36 state chapters throughout the country — and I know they’re working closely with schools at the local level, including high schools and junior colleges, to see whether students want to get involved in the trades.

There’s been a tremendous shift in how people think about career paths for their children. The pendulum has swung. That’s not to say there’s anything wrong with college, but we are seeing more students become interested in the trades. These are highly skilled, highly trained professions.

We’re also looking at funding to ensure the Department of Labor’s employee training assistance programs are available to support apprenticeship programs. We want to make sure curriculums are up to date and accessible so that students in apprenticeship programs have the best opportunity to move forward.

We’re also examining the issue from an immigration perspective — looking at how apprenticeship pathways could potentially connect to citizenship. We have many people who would like to become U.S. citizens, and others who are already citizens, who want to get into the construction trades.

There’s no silver bullet for workforce development. But we’re working closely with our members in Congress. I mentioned the Construction Industry Procurement Caucus earlier. There are numerous caucuses in the House and a few in the Senate, and these give us opportunities to have less formal but very productive conversations with lawmakers about the importance of the construction industry and the importance of workforce development.

Finally, we also work through the Construction Industry Procurement Coalition and the Construction Industry Safety Coalition.

I’ll mention the safety coalition first, because safety is absolutely central to workforce development. If someone wants to enter the construction industry, we have to make sure the work environment is safe.

For example, Washington is 102 degrees right now, with humidity above 95%. It’s extremely hot. So when OSHA considers heat injury and illness prevention standards, we want to be at the table. That’s one reason we’re part of the Construction Industry Safety Coalition.

If any administration — whether Trump, Biden, or anyone else — is going to put rules and regulations in place, we want the practical experts on the ground involved in those conversations. We want to make sure the rules keep employees safe, are cost-effective for employers, and are workable for developers and owners as well.

So yes, we’re looking at workforce development from all angles.

It’s a continual challenge. But for the people who do get into the skilled trades, it can be an incredibly energizing opportunity. I meet with these workers all the time.

We also see some students come through registered apprenticeship programs and then continue on to earn an associate’s degree in applied science in fields like welding or steamfitting. The opportunities are really endless.

The reality is that this is a constant issue for us, and we’re working on it every day.

Ryan Gilmore:
Thanks, Mike. I really appreciate it, and thanks for joining us.

To everyone listening or watching, thanks for tuning in. If you want to get involved with ASA, you can go to asaonline.com to learn more.

And if you need help managing projects and finances for your construction business, check out Knowify.

We’ll be back with another episode soon. Cheers.

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