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HEADLINES ADDED: July 03, 2008
Housing revival programme criticised for leaving a legacy of demolition sites
A government programme to revive housing in depressed areas has been more successful at demolishing homes than building new ones.... Read More
HEADLINES ADDED: July 01, 2008
Increase to upfront payments for social housing builders expected
Plans to increase upfront payments to builders working for public sector landlords will be announced by the government next week.... Read More
Planning delays already predicted for proposed eco-towns
Legal experts have warned the government it faces major hurdles acquiring land for eco-towns, which could delay construction for years.... Read More
HEADLINES ADDED: June 28, 2008
Proposed Worker Verification Mandate Would Have Broad Reach
Following up on a presidential directive, the Bush administration has proposed regulations spelling out a broad mandate for federal contractors, including those in construction, to use an electronic system to prove that their workers are legally authorized to work in the U.S.... Read More
HEADLINES ADDED: June 27, 2008
Increase to upfront payments for social housing builders expected
Plans to increase upfront payments to builders working for public sector landlords will be announced by the government next week.... Read More
HEADLINES ADDED: June 25, 2008
MDOT Seeks Increased DBE Participation
A new program to increase Disadvantaged Business Enterprise (DBE) participation on Michigan Department of Transportation (MDOT) road construction projects was announced at the 28th Annual MDOT DBE Small Business Development Conference in Pontiac recently. The DBE goal-setting pilot project targets federally funded state road projects up to $1 million and calls for a 25-percent to 30-percent par...... Read More
HEADLINES ADDED: May 20, 2008
Unanticipated Consequences of the "Contractors and Federal Spending Accountability Act"
On April 23, 2008, the U.S. House of Representatives passed H.R. 3033, "Contractors and Federal Spending Accountability Act," agreeing by voice vote that GSA would maintain a centralized database of government contractors. The GSA database would collect information on contract defaults, suspensions, and debarments, as well as "any civil or criminal proceeding, or any administrative proceeding" for which a contractor paid at least $5,000 in restitution, that has been "concluded" by the federal or state governments. If a contractor committed in a three-year period more than one offense for... Read More
HEADLINES ADDED: April 15, 2008
$105M Solar Loan Program Approved in Garden State
On Tuesday, the New Jersey Board of Public Utilities (”BPU”) approved PSE&G’s $105 million Solar Loan Program, which will provide $105 million towards financing photovoltaic systems across residential, multi-family/affordable, commercial, industrial, and non-profit/municipal buildings throughout New Jersey. The program will distribute loans to projects totaling 30 megawatts in solar power generation over the next two years on a first-come, first-served basis, though caps do exist for each sector. (For example, only 3 megawatts are available for affordable housing projects). Participants will pay back the loans, which will cover 40... Read More
HEADLINES ADDED: March 30, 2008
£11.5m Rochdale bus station out to tender
Tenders are due to go out this autumn for a scheme to build a new £11.5m bus station in Rochdale, now that the government has stumped up £10m towards the project.... Read More
HEADLINES ADDED: March 26, 2008
Tennessee Tightens Belt, Squeezes School Construction
Facing a $212-million funding gap, Gov. Bredesen freezes construction at state universities.... Read More
HEADLINES ADDED: March 25, 2008
"Standing Novation", The Daily Deal, February 8, 2008
A government contractor participating in an acquisition transaction must comply with both commercial and government-specific regulations. And there are numerous issues unique to government contractors that threaten a successful closing. If not identified or mitigated in a timely fashion, a contractor might unknowingly assume liabilities or fail to consummate the deal altogether. One issue involves the transfer of government contracts, which generally requires the government's consent, or a "novation." If the contractor does not novate the contract in accordance with designated rules, a buyer faces the possibility that its... Read More
HEADLINES ADDED: March 10, 2008
Experts share views at New Methods of Public Procurement seminar
Ensuring that public-private partnerships remain fair and transparent is a priority shared by two experts involved with government procurement in different provinces.... Read More
HEADLINES ADDED: February 29, 2008
Prevailing Wages on GC/CM Projects
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HEADLINES ADDED: February 28, 2008
Bid Protests: Timing
In a recent Maryland State Board of Contract Appeals (“Board”) case, the Board found that a contractor failed to file a timely bid protest. The Board ruled that the bid protest should have been made when the construction company knew or should have known the basis for its protest and not at the time the bid was awarded. A high burden is placed on any contractor submitting bids for State contracts, because a bid protest may need to be filed before the bid is awarded or repercussions felt by... Read More
HEADLINES ADDED: February 22, 2008
Subcontractors List
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HEADLINES ADDED: February 17, 2008
Best Value Procurement
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HEADLINES ADDED: February 11, 2008
What does “the owner is not obligated to accept the lowest or any bid” really mean?
How much discretion do you have in the selection of tenders? If you are using standard tender documents, less than you may think.... Read More
HEADLINES ADDED: February 07, 2008
New Federal Rules on E-Discovery
Covered electronically stored information (ESI) is very broadly defined. Potential ESI includes: Internet web accounts, voice-mail servers, thumb drives, metadata, cell phones with messaging, and personal digital cameras. As soon as litigation is reasonably anticipated (not after it is filed): Advise all relevant employees to preserve ESI; Suspend automatic ESI destruction policies and programs. Meet early with counsel and ESI storage experts to address preservation and disclosure issues. Serious sanctions can be imposed for failing to protect ESI from routine destruction. Be prepared to address discovery of ESI very... Read More
"Cost Corner" for January 2008
Interest RateFor the period starting January 1, 2008, and ending June 30, 2008, the US Treasury has set the interest rate used to calculate interest due on claims under the Contract Disputes Act and the Prompt Payment Act at 4.75 percent per annum, a decrease of 1 percent from the previous six-month period. 72 FR 74408.Performance-Based Payment (PBP)PBP is a contract financing technique pursuant to which payments are based on specifically described events, or measurable criteria of performance, other than the signing of the contract or modification, the exercise... Read More
False Claims and Word Games: Does the FCA Require "Presentment" to the Government?
For the second time in as many terms, the U.S. Supreme Court will consider a case testing the scope of the False Claims Act (FCA), 31 U.S.C. § 3729. The High Court has agreed to review U.S. ex rel. Sanders, et al. v. Allison Engine Co., 471 F. 3d 610 (6th Cir. 2006), cert. granted, 2007 WL 2374900 (Oct. 29, 2007), which held that the FCA applies to a contractor’s claim for payment, regardless of whether the claim was “presented” directly to the government. The Court’s latest interpretive review... Read More
HEADLINES ADDED: January 30, 2008
Proposed Legislation Amending Alternative Public Works Contracting Methods
... Read More
HEADLINES ADDED: January 29, 2008
Public Works Absent from Bush Stimulus Outline
President Bush outlined general "principles," but few details, about what he would like to see in an economic stimulus program.... Read More
HEADLINES ADDED: January 28, 2008
What is a Public Work?
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HEADLINES ADDED: January 16, 2008
Negotiating Contractor Change Order Entitlement
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Proposed Change in Definition of "Public Works"
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HEADLINES ADDED: January 13, 2008
Feds Investigate Construction Contracting at Port of Seattle
The U.S. Justice Dept has initiated a criminal investigation of contracting procedures at the Port of Seattle based on the results of an audit that shows millions of dollars were wasted on construction projects between 2004 and 2007.... Read More
Corps Picks Gen. Riley as Deputy Commander
Maj. Gen. Don T. Riley has been promoted to U.S. Army deputy chief of engineers and deputy commander of the Army Corps of Engineers, the Defense Dept. said on Jan. 7.... Read More
HEADLINES ADDED: January 07, 2008
Contractors Now Required to Prepare a Code of Business Ethics and Conduct and to Implement Internal Controls and Ethics Training
We published an article on March 5, 2007, reporting a proposed amendment to the FAR that would require government contractors to prepare a Code of Business Ethics and Conduct. On November 23, 2007, a final rule was published in the Federal Register and two new FAR clauses became effective on December 24, 2007. These new clauses are very important to all federal government contractors and they mandate the preparation of a Contractor Code of Business Ethics and Conduct (FAR 52.203-13) and the Display of Hotline Poster(s) (FAR 52.203-14) if a... Read More
HEADLINES ADDED: December 27, 2007
Bid Protests and Appeals - Time for Filing
Maryland provides only a limited time for a contractor to file a bid protest and failure to abide by these time constraints will be fatal to all claims by the contractor. Further, Maryland provides a limited time for an appeal to the Maryland Board of Contract Appeals and contractors must be aware of these rigid time restrictions when considering protesting an unsuccessful bid or denial of any claim.If a contractor believes it has been aggrieved in connection with the solicitation or the award of a governmental construction contract in... Read More
HEADLINES ADDED: December 26, 2007
Prevailing Wages on Government Contracts
Certain federal laws require contractors and subcontractors to pay some employees wages in excess of minimum wage. Most notably, the Davis-Bacon Act (“DBA”) and the McNamara-O'Hara Service Contract Act (“SCA”) impose wage requirements related to nearly all construction and service contracts with the U.S. or District of Columbia governments.The DBA requires contractors to pay laborers and mechanics prevailing wages as determined and published by the Department of Labor (“DOL”). The Act applies to contracts with the U.S. government and District of Columbia for the construction, alteration, or repair of... Read More
Public Agencies Face New Restrictions in Contracting with Design Professionals
With the enactment of AB 573 (Wolk), many California public agencies face new restrictions on the indemnity protections they can require when engaging design professionals. The new law applies to contracts (or amendments to existing contracts) entered into after January 1, 2007 with (1) licensed architects; (2) licensed landscape architects; (3) registered professional engineers; and (4) licensed professional land surveyors. The new law, which adds Section 2782.8 to the California Civil Code, provides that agreements between most public agencies and the listed types of design professionals may only require... Read More
Do you need a pre-audit of your contracting practices?
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HEADLINES ADDED: December 25, 2007
UPDATED - Maryland's New Prevailing Wage Law
Maryland’s new living wage law becomes effective October 1, 2007. The law applies to all contractors or subcontractors that have state contracts for services valued at $100,000 or more. Nonprofits are exempt. Employers with fewer than 10 employees are also exempt on contracts that do not exceed $500,000. All contractors covered by the new legislation must post a notice advising their employees of their rights under the new law and the name, address, and telephone number for the Commissioner of Labor and Industry. Failure to post the notice can... Read More
Restrictions on State of California's ability to contract with private engineering firms struck down by California Supreme Court
On November 5, 2007, the California Supreme Court held that the State of California could not enter into a memorandum of understanding with an engineering union which restricted the State from hiring and retaining private engineering firms where such restrictions were barred by a recent amendment to the state constitution. (See Consulting Engineers and Land Surveyors of California, Inc. v. Professional Engineers in California Government, 2007 Cal. LEXIS 12680.) In November 2000, California’s voters approved Proposition 35, adding art. XXII to the state constitution. Art. XXII allowed the state... Read More
Design-Build Bills Signed into Law
Design-Build Bills Signed into Law... Read More
DOT Approves Nearly $1.2 Billion for Capital Beltway Construction
U.S. Secretary of Transportation Mary E. Peters announced today the release of nearly $1.2 billion from the department in the form of a direct loan and tax-exempt private-activity bonds to jump start the construction of high-technology express lanes on the Capital Beltway in Virginia.... Read More