The federal government has agreed to further delay implementation of the E-Verify rule for federal contractors until September 8. Contracts and solicitations issued prior to September 8, 2009, will not contain the mandate.The Federal Acquisition Regulation (FAR) Council issued the final rule on November 14, 2008, requiring contracting officers to mandate contractor use of E-Verify in solicitations issued and contracts awarded after January 15, 2009. In response to a legal challenge to the rule, the government agreed to suspend the rule until February 20, then extended the decision to May 21, and again until June 30. The plaintiffs in the lawsuit requested the extension after President Obama's Chief of Staff Rahm Emanuel issued a memorandum directing federal agencies to consider extending by 60 days the effective dates of all regulations already issued but not yet in effect, in order to allow the new Administration a chance to review any "questions of law and policy raised."Click here for a list of Frequently Asked Questions (FAQ's) for Federal Contractors & E-Verify. Visit the ºÚÁϲ»´òìÈ Web site for critical components of the final rule.For more information, contact Kelly Knott at (202) 547-4685 or knottk@agc.org.
On June 1, ºÚÁϲ»´òìÈ submitted to the Federal Acquisition Regulation (FAR) Councils written comments on a series of interim rules amending the FAR in order to implement several key provisions set forth in the American Recovery and Reinvestment Act of 2009. The interim rules were issued March 31 without any opportunity for prior public comment. ºÚÁϲ»´òìÈ was the only construction organization to raise concern over the onerous reporting requirements in the interim rules.To read ºÚÁϲ»´òìÈ's comments and view copies of the Interim Rules, please visit the following:Recovery Act - Reporting RequirementsRecovery Act - Buy American Requirements for Construction MaterialRecovery Act - GAO/IG AccessIn order to allow ºÚÁϲ»´òìÈ members and Chapters to communicate with the government, ºÚÁϲ»´òìÈ set up a special portal located at the ºÚÁϲ»´òìÈ Legislative Action Center in order to highlight key issues that needed to be addressed.The Office of Management and Budget (OMB) also issued its own guidance on April 23 establishing government-wide guidance and standard award terms for agencies to include in financial assistance awards (namely, grants, cooperative agreements and loans) as part of their implementation of the Recovery Act. Public comments are due by June 22:Recovery Act - OMB Interim GuidanceºÚÁϲ»´òìÈ is now preparing to submit comments to OMB on behalf of the entire association by the June 22 deadline.For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.
On June 1, ºÚÁϲ»´òìÈ submitted to the Federal Acquisition Regulation (FAR) Councils written comments on a series of interim rules amending the FAR in order to implement several key provisions set forth in the American Recovery and Reinvestment Act of 2009. The interim rules were issued March 31 without any opportunity for prior public comment. ºÚÁϲ»´òìÈ was the only construction organization to raise concern over the onerous reporting requirements in the interim rules.To read ºÚÁϲ»´òìÈ's comments and view copies of the Interim Rules, please visit the following:Recovery Act - Reporting RequirementsRecovery Act - Buy American Requirements for Construction MaterialRecovery Act - GAO/IG AccessIn order to allow ºÚÁϲ»´òìÈ members and Chapters to communicate with the government, ºÚÁϲ»´òìÈ set up a special portal located at the ºÚÁϲ»´òìÈ Legislative Action Center in order to highlight key issues that needed to be addressed.The Office of Management and Budget (OMB) also issued its own guidance on April 23 establishing government-wide guidance and standard award terms for agencies to include in financial assistance awards (namely, grants, cooperative agreements and loans) as part of their implementation of the Recovery Act. Public comments are due by June 22:Recovery Act - OMB Interim GuidanceºÚÁϲ»´òìÈ is now preparing to submit comments to OMB on behalf of the entire association by the June 22 deadline.
On June 4, ºÚÁϲ»´òìÈ held its third session in its new Federal Contracting: Stimulus at Work webinar series, entitled "How to Handle Claims and Disputes." The federal market has changed dramatically over the last six months and this program provided participants with the ins and outs of federal contracts and what makes them unique. The webinar also included information on the ºÚÁϲ»´òìÈ's Ethics and Compliance Program Toolkit and ºÚÁϲ»´òìÈ's Construction Contractors Guide to Department of Defense Past Performance Evaluation.Â
Registration is now open for the next ºÚÁϲ»´òìÈ Safety and Health Conference to be held on July 22 - 24, 2009, in Washington, D.C. The hotel cut-off date is June 22, 2009. Please review the meeting flyer and register for this important meeting.This is an excellent opportunity to interact with 150 industry professionals and hear the latest news from OSHA, members of Congress and other industry experts. There is a great deal of activity taking place right now in Washington concerning safety issues; do not miss this chance to hear from, meet and interact with key decision-makers.Several of the top leaders from OSHA will address ºÚÁϲ»´òìÈ members during the conference, including Senator Johnny Isakson (R-Ga.) and Congressman Tom Price (R-Ga.), who will participate in the meeting to provide updates on legislative issues as they relate to safety and health. Also, this will be the first opportunity to schedule Capitol Hill visits. Once you register for the conference, ºÚÁϲ»´òìÈ staff will contact you on your willingness to participate in these important visits and will arrange meetings with your Representative and Senators on Wednesday afternoon, July 22. If you choose to take advantage of this opportunity, ºÚÁϲ»´òìÈ will provide you with appropriate briefing materials and will make our Government Affairs staff available to accompany you on visits if you wish.For additional information, please visit www.agc.org/safetymeeting or please contact Kevin Cannon at cannonk@agc.org or (703) 837-5410.
The federal government has agreed to even further delay implementation of the E-Verify rule for federal contractors. Contracts and solicitations issued prior to September 8, 2009, will not contain the mandate.The Federal Acquisition Regulation (FAR) Council issued the final rule on November 14, 2008, requiring contracting officers to mandate contractor use of E-Verify in solicitations issued and contracts awarded after January 15, 2009. In response to a legal challenge to the rule, the government agreed to suspend the rule until February 20, then extended the decision to May 21, and again until June 30. The plaintiffs in the lawsuit requested the extension after President Obama's Chief of Staff Rahm Emanuel issued a memorandum directing federal agencies to consider extending the effective dates of all regulations already issued but not yet in effect, in order to allow the new Administration a chance to review any "questions of law and policy raised."Click here for a list of Frequently Asked Questions (FAQ's) for Federal Contractors & E-Verify.Visit here for critical components of the final rule and here to view additional details on the rule.Â
The U.S. Army Corps of Engineers (USACE), through its Office of Safety and Occupational Health, has released a new edition of the Corps' Safety and Health Requirements Manual, EM 385-1-1. The 1,050 page book is used during construction, operations, maintenance and research. The manual was last revised in 2003, and the 2008 version parallels Occupational Safety and Health Administration (OSHA) regulations and other national standards. ºÚÁϲ»´òìÈ Â partnered with USACE in the revision of the manual and provided detailed comments throughout the revision process.The new manual went into effect January 12, 2009.  Improvements in formatting and layout allow users of the manual to move through it with relative ease. For example, crane requirements are clearer, up to date, and most importantly, centrally located in one section, including information that was located in appendices in past editions. In the same way, all fall-protection requirements are now contained in Section 21 instead of throughout the manual.To purchase a copy of the new Safety Manual, visit the ºÚÁϲ»´òìÈ Bookstore.
In addition to the guidance to Federal contractors issued by the FAR Councils last week, the Office of Management and Budget (OMB) published Implementing Guidance for the American Recovery and Reinvestment Act of 2009.This updated guidance applies to Recovery projects that are federally-assisted (grants, SRF loans, etc.) rather than directly funded by the federal government. It seeks to clarify many key positions including the applicability of Buy America provisions, and reporting requirements. Updates to the guidance are based on ongoing input received from the public, Congress, state and local government officials, grant and contract recipients and federal personnel.ºÚÁϲ»´òìÈ is currently reviewing this guidance in detail to determine its impact on construction contractors performing work funded by the recovery plan and will update ºÚÁϲ»´òìÈ members on the findings.For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.
The Federal Acquisition Regulation (FAR) Council on March 31 issued several new reporting requirements for contractors and procurement officials disbursing stimulus funds.The new rules require the following:Prime contractors who win work funded by the economic recovery package must file detailed public reports to the government on the nature of their work and job creation data;All construction, repair or maintenance projects use only iron, steel and manufactured goods produced in the United States. The rule provides a number of narrow exceptions and waivers, such as cases when goods are not available domestically, or if the local price is not reasonable;Prohibits nonfederal employers from firing, demoting or discriminating against whistleblowers who alert the government to questionable uses of stimulus funds. Contractors who refuse to abide by this rule will not be eligible for stimulus contracts;Acquisition officials must issue public notices on publicizing contract action worth more than $25,000; and,Provide the Government Accountability Office with the authority to audit both contracts and subcontracts related to the stimulus, and to interview contractor and subcontractor employees. The same rights, except the ability to interview subcontractor workers, are granted to inspectors general.ºÚÁϲ»´òìÈ is currently reviewing the rules in detail to ensure they are fair and reasonable for construction contractors performing work funded by the recovery plan. The FAR Council is accepting comments on these rules through June 1, 2009.For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org