The Federal Acquisition Regulation Councils have released the final version of the rule governing the Buy American provisions for direct-federal procurements under the Recovery Act. While this rule does not govern the federally-assisted work done through grants and loans (like those administered by the DOT and the SRFs), it does provide a preview of what to expect from those forthcoming regulations.Ƶ, in its comments on the interim rule, asked that the federal rule and the federally-assisted rules have the closest possible alignment to minimize the burden on contractors, and the government said "the Councils agree and note that the final rule was developed in close coordination with OMB grant officials." The rule does however concede that the two cannot be completely in sync because the Buy American Act of 1933 (which forms the basis of the rule) does not apply to grants, financial assistance, and loans. Furthermore, trade agreements do not apply uniformly.One clarification that Ƶ expects to be carried into the OMB guidance is the proclamation that in cases where there are mixed Recovery Act and non-Recovery Act funds, and the Recovery funds are not segregated by line item, the law requires the mixed-fund contracts to be treated as if they were entirely funded by the Recovery Act. Ƶ will continue to watch for the OMB guidance for federally-assisted work and will analyze and disseminate it when it arrives.Click here to read the final rule for federal contractorsFor more information on the interim rule for federally-assisted work or other Ƶ analysis on Buy American, visit http://www.agc.org/buyamerican.For more information, contact Scott Berry at (703) 837-5321 or berrys@agc.org.
November 11-13, 2010 at the Arizona Biltmore HotelRegistration is now open for the 2010 Ƶ Joint Highway and Utilities Contractors Issues Meeting in Phoenix, Ariz. The meeting is scheduled for November 11-13, 2010 at the Arizona Biltmore Hotel. You can register online and also find out more information about the meeting here.This year's meeting will address all of the top issues that impact contractors working in the highway, transportation and utilities market, including: Election 2010: How will the midterm election results impact your market, taxes and business operationsOutlook for transportation reauthorization, SRF reauthorization, and clean water trust fund legislationSelling your company or your project by using social mediaNew OSHA Regulations on Cranes and DerricksCase Studies Using BIM on Transportation and Utility ProjectsCM at Risk - Learn What Works and What Doesn'tIncreasing efficiency in joint highway and utilities projectsOpen-mic Sessions to dialogue with your fellow contractors about conditions across the country.Separate tracks are again scheduled to address issues unique each of the two market sectors. Below is a tentative preliminary meeting schedule:Thursday November 11, 201012:30 - 5:00 PM Ritchie Brothers Golf Tournament5:30 - 7:00 PM Golf Tournament ReceptionFriday November 12, 20107:00 AM - 4:30 PM Highway and Utilities Contractor Issues Meeting Session I6:00 - 7:00 PM Issues Meeting ReceptionSaturday November 13, 20107:00 AM - 12 Noon Highway and Utilities Contractor Issues Meeting Session IIFor more information, contact Scott Berry at (703) 837-5321 or berrys@agc.org, or Brian Deery at (703) 837-5319 or deeryb@agc.org.
Ƶ of America, together with the National Association of State Facilities Administrators, Construction Owners Association of America, The Association of Higher Education Facilities Officers and the American Institute of Architects, just released Integrated Project Delivery For Public and Private Owners. This publication is available for free at www.agc.org/projectdelivery.
According to the Wall Street Journal, the government's new Lead Renovation, Repair, and Paint Program (covered by Ƶ's Environmental Observer) could add a significant cost burden to the already weakened construction industry. The cost of employee certification, as well as new equipment, clothing, and other safety materials could be a hefty expense for many small businesses. These businesses will have a tough time justifying increased costs to property owners, who are already investing less in home renovations. On the other hand, there is the possibility that increased awareness of the harmful effects of lead will increase business for renovation companies. The Home Star Energy Retrofit Act, if passed by the Senate, would offer incentives to homeowners who make their homes more energy-efficient. Small businesses hope that the incentive to renovate, coupled with lead aweness, will encourage more renovation investment.For the complete article, please click here.
The U.S. Environmental Protection Agency (EPA) recently announced it will delay enforcement of the new Lead Renovation, Repair and Painting Program (RRP) regulations. The Agency issued a memorandum providing renovation firms and workers additional time to obtain necessary training and certifications to comply with its new lead paint rules. EPA's decision is a win for Ƶ of America and Ƶ of Maine; both trade groups worked to inform the Agency of the difficult timeline the rule would impose on contractors.EPA announced it will not fine renovation workers if he or she enrolls in or applies to enroll in a certified renovator class by September 30, 2010, and completes training by December 31, 2010. The June 18 EPA memo is online at http://www.epa.gov/lead/pubs/giles_RRP_memo.pdf.Unfortunately, in most states, there are few EPA-"accredited" trainers available to educate construction workers on these new requirements. EPA states in its memo that it will pursue additional training opportunities in every state to meet the demand for classes. In addition to the enforcement delays noted above, EPA will not take enforcement action for violations of the Lead RRP rule's firm certification requirement until October 1, 2010, according to EPA's memo. (It should be noted, however, that only the certification requirements are being delayed; any failure to follow lead safe work processes would trigger an immediate violation.)For more details on the Lead RRP Rule and Ƶ's action on lead, please refer to Ƶ's Environmental Observer here.
Ƶ July 6 responded to an Advance Notice of Proposed Rulemaking by the U.S. Environmental Protection Agency (EPA) to expand the Agency's Lead Renovation, Repair and Painting Program (RRP) requirements to cover work performed in commercial and public buildings.The ANPR includes no proposed language. Rather, the public was invited to respond to over 100 detailed questions and data requests. Currently there are no limits on the potential scope of regulated commercial and public buildings. Other unresolved questions include: What renovation and repair work should be covered? What activities create the most risk? Should exposure pathways be broadened to include nearby properties? Ƶ invited members to help shape the future lead paint rule and solicited input on a variety of important industry-specific issues currently under consideration at EPA.Ƶ CommentsAs part of a coalition with 15 other organizations, Ƶ filed comments with EPA maintaining that the Agency lacks the legal authority to adopt requirements for Lead RRP activities in public and commercial buildings. In the comments, the coalition pointed out that the statute under which EPA would issue the rule grants it the authority to issue guidelines for work practice standards, but not the authority to promulgate such regulations for RRP in public and commercial buildings.For more detail on Ƶ's comments on the EPA's ANPR and background on the Lead Paint Renovation, Repair, and Painting Program, please click here.
The Ƶ of America Specialty Contractors Council (SCC) released a two-page "Best Practices Guidance for Retainage" document in Fall 2009. Developed by the SCC Executive Committee with input from the more than 1,000 Ƶ specialty contractor members who responded to an Ƶ retainage survey, this resource is intended to provide guidance to specialty contractors who face cash-flow issues related to retainage.The guidance document is available here. Additional resources include a summary of the Ƶ retention survey results and the Ƶ-ASA-ASC Guideline on Retainage from the Guidelines for a Successful Construction Project. The Guidelines for a Successful Construction Project is a joint effort of Ƶ of America, the American Subcontractors Association (ASA) and the Associated Specialty Contractors (ASC).
August 11, 2010 | 1:00-3:00pm ETJoin us for this comprehensive program that will provide General Contractors management tips and strategies covering the relationships with subcontractors and suppliers in today's difficult construction economy.Topics to be covered include:Why subcontractors and suppliers may failBest practices for General Contractors to manage their relationships with Specialty Contractors and SuppliersHow to pre-qualify and screen potential subcontractors and suppliers to assure their ability to performHow to manage subcontractors and suppliers to avoid defaults and assure payment of billsHow to use your subcontract and purchase order forms to protect your companyHow ConsensusDOCS standard contract forms can help your business practices.To learn more visit: www.agc.org/suppliers.
PowerPoint presentations from the June 2010 Ƶ Building Contractors Conference in Midway, Utah are now available by clicking here.Presentation topics include: lean construction case studies, EPA Effluent Limitations Guidelines rule, OSHA's agenda, material prices outlook, sustainable design return on investment, an update on surety issues, and a presentation on the future challenges of growth in construction.Presentations from past Building Contractors Conferences can be found at www.agc.org/building.
Ƶ of America, together with the National Association of State Facilities Administrators (NASFA), Construction Owners Association of America (COAA), APPA: The Association of Higher Education Facilities Officers, and the American Institute of Architects (AIA), just released Integrated Project Delivery for Public and Private Owners.Integrated Project Delivery for Public and Private Owners explores the varying degrees of collaboration found in IPD, defining it as a philosophy and as a delivery method. The publication explores why owners should consider adopting IPD principles, how IPD fits in to related industry trends, such as BIM and Lean, and offers suggestions on how to integrate IPD principles into construction projects. Owners, general contractors and all project stakeholders will find Integrated Project Delivery for Public and Private Owners to be a useful resource regarding IPD. This publication is available for free at www.agc.org/projectdelivery or by clicking here.