On June 23, 2009, the House Appropriations Committee approved a Military Construction and Veterans Affairs funding bill that totals $77.9 billion for FY 2010. This is $239 million more than the President’s request and $5.0 billion more than fiscal year 2009. The bill provides $48.2 billion in advance appropriations for fiscal year 2011 for three medical accounts of the Department of Veterans Affairs: Medical Services; Medical Support and Compliance; and Medical Facilities, and also provides $24.6 billion for the Military Construction, Family Housing and BRAC programs.

The Military Construction portion of the bill fully funds BRAC 2005 at $7.5 billion, provides an increase of $140 million for BRAC 1990 to enhance the cleanup of installations closed in prior BRAC rounds and provides for the modernization of training facilities, as well as the building of child care centers, barracks and homes. It also provides funds to support additional requirements for operations in Afghanistan at $1.4 billion. This bill includes two major military construction initiatives: $450 million to accelerate the Army’s program to modernize troop housing facilities for trainees; and $200 million for a Guard and Reserve initiative to address critical unfunded requirements. This funding will go toward critical unfunded requirements for Army and Air National Guard, as well as the Army, Navy, Marine Corps and Air Force Reserves.

The VA portion of the bill provides $1.9 billion for Department of Veterans Affairs construction, $127 million above the budget request and $256 million above 2009. The bill will provide needed funding for five ongoing major construction projects, planning and design funding for seven new projects, and funding for approximately 100 minor construction projects that can be completed in fiscal year 2010. The National Cemetery Administration is funded at $250 million, an increase of $20 million above the fiscal year 2009 appropriation and $8 million above the budget request.

AGC strongly supports increased investment in our nation’s military programs and veterans’ facilities and will continue to advocate for increased funding as the bill moves to the Senate for additional consideration.

To review the FY 2010 Appropriations table click here.
To review the list of FY 2010 projects click here.
To read Chairman Edwards’ Statement click here.

For more information, please contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.

On June 25, the House Energy & Water Development Subcommittee reported a $33.3 billion bill funding the Army Corps of Engineers and Bureau of Reclamation and the Department of Energy for FY 2010. This funding amount represents a decrease of $1.1 billion below the President’s budget request and $39 million above the amount appropriated in FY 2009.

The total amount approved for the U.S. Army Corps of Engineers Civil Works program is $5.541 billion for FY 2010. This represents a modest increase of $139 million over the FY 2009 and an increase of $416 million over the Obama Administration’s request of $5.1 billion.

The Bureau of Reclamation would receive $1.08 billion in funding for FY 2010, representing a $38 million decrease from FY 2009, but a $17 million increase above the Administration request.

Representative Ed Pastor (D-Ariz.), the acting Subcommittee Chairman, addressed concerns about the insolvency of the Inland Waterways Trust Fund, stating that if this issue is not addressed, “…the level of investment must be adjusted to the available resources—resulting in increased costs to existing projects as they are suspended, as well as the deferral of new projects in need of recapitalization. The bill urges the Administration to pursue this issue with the relevant authorizing committees.”

AGC will continue to advocate for increased investment in the water resources development missions of the Corps of Engineers and the Bureau of Reclamation as this legislation continues through the House and Senate process.

To review the FY 2010 Appropriations table click here.
To review the list of FY 2010 projects click here.
To read Acting Chairman Pastor’s Statement click here.

For more information, please contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.

On June 22, 2009, the Office of Management and Budget (OMB) published Implementing Guidance for the Reports on Use of Funds Pursuant to the American Recovery and Reinvestment Act of 2009 ("Recovery Act"). This guidance details the reporting requirements included in Section 1512 of the Recovery Act for recipients of grants, loans and other forms of assistance. The reports required by Section 1512 will be submitted by recipients beginning in October 2009 and will provide information to the government, such as:

• Who is receiving Recovery Act dollars and in what amounts?
• What projects or activities are being funded with Recovery Act dollars?
• What is the completion status of such projects or activities and what impact have they had on job creation and retention?

The reporting framework in the referenced guidance has been updated and enhanced to capture additional spending data from prime recipients and sub-recipients of Federal financial assistance Recovery Act awards. Further, OMB has deployed a nationwide data collection system at the website www.FederalReporting.gov that will reduce the information reporting burden on recipients by simplifying reporting instructions and providing a user-friendly mechanism for submitting required data.

Read Cover Memo and Guidance. 

View Recipient Reporting Data Model - Template, Data Dictionary, XML Schema

Read the List of Programs Subject to Recipient Reporting

On June 22, AGC submitted to the Office of Management and Budget (OMB) written comments for consideration in the interim final regulation on federally-assisted projects. These projects would include building, highway and municipal and utility projects funded by the stimulus.  Read AGC's comments here.

OMB issued 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. AGC is currently reviewing new guidance issued by OMB on June 22 to determine any significant changes to the April 23 guidance and its impact on the construction industry.

For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.

On June 18, the Office of Management and Budget (OMB) held a public meeting on four central issues concerning government contracting: (1) maximizing the use of competition; (2) improving practices for selecting contract types; (3) strengthening the acquisition workforce; and (4) clarifying when functions should be performed by federal employees and when contractors may appropriately be considered.

This hearing was in response to President Obama’s Presidential Memorandum on Government Contracting, issued on March 4, 2009, which establishes a framework for improving critical components of the federal acquisition system and management of the federal government’s work force of federal employees and private sector contractors. The Memorandum directs OMB, in consultation with federal agency leadership, to improve and strengthen federal contracting practices and to seek input from the public on the most effective ways to achieve this goal.

AGC will submit a statement to OMB for the record before the July 17, 2009 deadline.

For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.

Federal Contracting can be complex, and so can the contracts. The ConsensusDOCS 752 is the first and only standard subcontract agreement for Federal construction projects that is compliant with the most recent contracting requirements and practices found in the Federal Acquisition Regulation (FAR). A new Webinar, which will be held Wednesday, July 9, 1:00 - 2:00 pm ET will highlight the new ConsensusDOCS 752, and will help explain:

-Essential key clauses for federal government contracting in the 21st Century

-Consistent administration and management of the federal subcontracting process

-Coordination of flow-down clauses and payment terms compliant with federal law

-Issues for those new to Federal Contracting or those who need a clearer understanding on Federal Contracting Contracts.

For additional questions, contact Megan McGarvey at mmcgarvey@consensusdocs.org or visit www.agc.org/FARwebinar.

On June 1, AGC 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.  AGC was the only construction organization to raise concern over the onerous reporting requirements in the interim rules.

To read AGC's comments and view copies of the Interim Rules, please visit the following:

• Recovery Act - Reporting Requirements
• Recovery Act - Buy American Requirements for Construction Material
• Recovery Act - GAO/IG Access

In order to allow AGC members and Chapters to communicate with the government, AGC set up a special portal located at the AGC 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 Guidance

AGC is now preparing to submit comments to OMB on behalf of the entire association by the June 22 deadline.

On June 4, AGC 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 AGC's Ethics and Compliance Program Toolkit and AGC's Construction Contractors Guide to Department of Defense Past Performance Evaluation.

The final webinar in this series will provide an overview of the existing process and walk attendees through the evolution of federal contracting. "The Recovery Act" webinar on June 11 will provide information and clarification on some of the most challenging issues surrounding the Recovery package, including new rules governing the following:

• New Buy American Rules;
• Reporting Requirements, including Salary Disclosure for Contractors;
• Inspectors General and GAO Access to Contractors Employees; and
• Establishing Ethics and Compliance Programs.

Registration is now open for the next AGC 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 AGC 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, AGC 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, AGC 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 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.