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HEADLINES ADDED: November 16, 2009
Clark Builders wins contract to build four new Alberta schools
Edmonton-based Clark Builders has been awarded a contract by the Alberta government to build four new schools in the province. The company won the design-build high school bundle by submitting the low bid of $96,767,000 in the tender.... Read More
Stantec wins contract to build medical centre in Seattle
Edmonton-based Stantec was awarded a multi-million dollar contract with the U.S. Department of Veterans Affairs to provide architecture and engineering services for a major new project in Seattle.... Read More
HEADLINES ADDED: November 14, 2009
GAO Allowed to Interview Current Contractor Employees During the Audit of the Contractor's Records
In an attempt to promote "protection" and "provide transparency," the FAR Councils recently issued a final rule formally mandating Government Accountability Office ("GAO") auditor access to interview contractor personnel during an audit of the contractor's records. This final rule published on October 14, 2009 adopted, without change, an interim rule issued March 31, 2009, implementing section 871 of the Duncan Hunter National Defense Authorization Act for 2009 ("Section 871"), as codified at 41 U.S.C. 254d(c)(1) and 10 U.S.C. 2313(c)(1)." The American Recovery and Reinvestment Act of 2009 (the "Recovery Act") provides a similar... Read More
HEADLINES ADDED: October 27, 2009
Federal Construction Contracting - Does a Newcomer Have a Chance?
The recent decline in non-federal construction opportunities has resulted in a rapidly growing interest in the federal contracting market. The much-publicized American Recovery and Reinvestment Act of 2009 (“ARRA”), often referred to as the “Economic Stimulus Program,” has made billions of dollars available to federal agencies to fund construction projects. Add to that the billions of dollars being spent on the Hurricane & Storm Damage Risk Reduction System in New Orleans (‘HSDRRS”), the Base Realignment & Closure program (“BRAC”), and countless other military and civil works construction programs nationally,... Read More
HEADLINES ADDED: October 06, 2009
Federal Dollars for School Construction, Round Two
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HEADLINES ADDED: October 01, 2009
Federal Dollars for School Construction, Round Two
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HEADLINES ADDED: September 23, 2009
Compulsory E-Verify Program for Federal Contractors Starts September 8, 2009
By: Michael H. Payne and Craig A. Schroeder Effective September 8, 2009, federal contractors awarded new contracts of $100,000 or more with a performance period of longer than 120 days will be required to use E-Verify, an internet-based system that allows employers to electronically verify the employment eligibility of their newly hired employees. In addition, affected contractors will also be required to confirm the employment eligibility of their current employees who perform contract services for the federal government within the United States. The contractor and any covered subcontractors... Read More
British Columbia municipalities lament lack of provincial cash
B.C. municipalities are concerned the provincial government is moving too slowly to take advantage of all the funding available for new infrastructure construction under the federal stimulus package.... Read More
HEADLINES ADDED: August 10, 2009
Federal Green Construction and the Stimulus Act
By: Lane F. Kelman and Christopher Soper As part of the American Recovery and Reinvestment Act of 2009 (the "Stimulus Act") the General Services Administration's ("GSA") Public Building Service was authorized to invest 4.5 billion dollars to transform federal facilities into exemplary, high-performance green buildings. The allocated money is scheduled to be awarded in its entirety within the next two (2) years. A list of proposed projects in all fifty states has already been submitted to Congress. These designated projects are intended to improve energy efficiency, conserve resources over... Read More
HEADLINES ADDED: May 13, 2009
How to Efficiently Perform on Projects Funded by Federal Stimulus Dollars
Construction Business Podcast Sponsored by: There’s about 140 billion dollars slotted for construction projects as part of the American Recovery and Reinvestment Act. It has been said that overall the ARRA probably isn’t big enough to completely pull the economy out of its slump, but I’m sure a portion of that money would go a long way into strengthening the financial stability of your construction business. The problem is that working on federally-funded projects will require compliance with the provisions provided in the ARRA that can be tricky to... Read More
HEADLINES ADDED: May 05, 2009
Bid Protest Rejected for Inadequate Bid Bond
The Federal Circuit upheld the rejection of the lowest bidder by the Department of Transportation where the bid bond supplied by the low bidder failed to comply with the Federal Acquisition Regulations (FAR). In Tip Top Construction v. United States, the general contractor submitted a bid bond from an individual surety backed by mined coal. The government rejected the bond because the asset securing the individual security was too speculative and hence did not comply with the FAR's requirements. The invitation to bid required a bid bond of three... Read More
HEADLINES ADDED: May 04, 2009
Top five construction tenders - 1 May
This week's top 5 construction tenders include an £80m-£100m highways construction job to build 14km of dual carriageway in Northern Ireland.... Read More
HEADLINES ADDED: April 24, 2009
Morgan Ashurst wins £12m contract to build new research centre
Morgan Ashurst has been awarded a £12m contract to build the UK Stem Cell Bank and Influenza Resource Centre in Hertfordshire for the National Institute for Biological Standards and Control (NIBSC).... Read More
Top 5 construction tenders - 24 April 2009
This week's top 5 construction tenders include a £120m office scheme for Network Rail in Milton Keynes, maintenance projects in Plymouth and Norwich worth £100m and £36m respectively and the £10.5m repair of Greenwich and Woolwich foot tunnels under the River Thames.... Read More
HEADLINES ADDED: April 20, 2009
Federal Stimulus Bill Means Increased Infrastructure Spending Coming to the Bay Area
While the recession has led to a drastic slowdown in the construction industry, the horizon looks brighter as the Bay Area preps for a welcome infusion of cash from the federal government. The money comes from the federal stimulus bill, the American Recovery and Reinvestment Act of 2009. During his campaign President Obama emphasized the need for increased infrastructure spending as a means to end the recession, increase public transportation, and improve America’s aging infrastructure. The stimulus bill makes good on his campaign promises, with approximately $50 billion dedicated... Read More
HEADLINES ADDED: April 03, 2009
Top 5 construction tenders - 9 March 2009
This week's top five construction tenders includes a £70m deal to construct a National Arena for Scotland, a teenage learning centre in the Isle of Wight and a new Magistrates' Court in Newport. The details are only an outline of the work available, for the full OJEU click on the link.... Read More
HEADLINES ADDED: February 20, 2009
Federal Contractors Must Now Verify the Legal Work Status of Employees
Beginning on January 15, 2009, certain federal contractors will be required to utilize the E-Verify system to assure that employees assigned to work on federal procurement contracts and all new employees are authorized to work in the United States. E-Verify is an Internet-based employment verification system administered by the Department of Homeland Security (“DHS”) designed to ensure the legal employment status of employees working in the United States.History & Background of E-Verify In June 2008, President Bush amended Executive Order 12989 and established the requirement to utilize a DHS-approved... Read More
New design-build authority for cities, transit operators and Sonoma Valley Health Care District
Governor Schwarzenegger recently signed three bills which will expand the ability of cities, transit operators and the Sonoma Valley Health Care District to award projects on a design-build basis. Each of these agencies is generally constrained by public bidding requirements to award construction contracts separately from contracts for professional design services. These agencies will now have a greater ability to take advantage of a useful project delivery alternative for some projects. The three bills are summarized below: AB 642, Cities: This bill will amend Public Contract Code section 20175.2 to expand the scope of... Read More
Unfair Contractor Performance Evaluations: "Stacking the Charges"
The Federal Acquisition Regulation, at FAR 36.201, requires government personnel to be fair and accurate in the evaluation of a construction contractor’s performance, but there is the inherent potential for an unfair and overreaching evaluation. Government personnel are required to use DD Form 2626 for performance evaluations. This form lists five major factors to be evaluated: quality control, effectiveness of management, timely performance, compliance with labor standards and compliance with safety standards. If, for example, a contractor’s employee has an accident and sustains an injury, a government evaluator could rate the contractor... Read More
HEADLINES ADDED: February 19, 2009
The American Recovery and Reinvestment Act of 2009 and Its Impact on Federal Construction Contracting
Since President Barack Obama was inaugurated last month, he has initiated many changes which will impact federal contracting: first, he issued an executive order requiring a successor vendor on a services contract to offer a preceding contractor’s employees jobs under the new contract; second, in another executive order, he encouraged the use of project labor agreements to ensure that federal work would not be disturbed by “labor unrest” (see earlier blog article); and, in a third order, he prohibited contractors from passing along the costs of supporting or fighting... Read More
HEADLINES ADDED: February 16, 2009
Innovation Used On M-115 Project
The increased demand on U.S. infrastructure guarantees increased roadway construction and maintenance over the next 20 years, according to the Federal Highway Administration (FHWA). In order to help prepare for this demand, FHWA has been working to identify, develop and promote new methods to reconstruct highways and bridges that are safer, faster and more effective.... Read More
HEADLINES ADDED: February 03, 2009
Biggest council house building programme since 1950s ordered
The government has ordered the biggest council house building programme since the 1950s, in the hope that local authorities can help rescue the construction industry.... Read More
HEADLINES ADDED: January 31, 2009
Biggest council house building programme since 1950s ordered
The government has ordered the biggest council house building programme since the 1950s, in the hope that local authorities can help rescue the construction industry.... Read More
HEADLINES ADDED: January 14, 2009
Third runway announcement faces further delays
The government's long-awaited decision on whether or not a third runway is to be built at Heathrow is subject to further delays, the Guardian has claimed.... Read More
HEADLINES ADDED: January 08, 2009
Federal government plans multi-million dollar investment in Alberta infrastructure
The federal government plans to make a multi-million dollar investment over four years to develop infrastructure, such as roads, public transit, and water/wastewater systems in Alberta.... Read More
HEADLINES ADDED: December 08, 2008
Contractors need more incentives to meet Government training targets
Contractors will need extra incentives to hit the Government's target of creating 7,000 new construction apprenticeships.... Read More
HEADLINES ADDED: November 28, 2008
House building refugees chase BSF work
Firms fleeing the house building slump are swelling the ranks of consortia bidding for a slice of the government’s £45bn Building Schools for the Future (BSF) programme.... Read More
HEADLINES ADDED: November 20, 2008
Federal Circuit Strikes Down DOD Preferences For Minority Contractors As Unconstitutional; Consequences Uncertain
On November 4, 2008, the U.S. Court of Appeals for the Federal Circuit issued an opinion in Rothe Development Corporation v. Department of Defense, No. 2008-1017, 2008 WL 4779586, holding that: Congress lacked a "strong basis in evidence" of discrimination by the Department of Defense ("DOD") against socially and economically disadvantaged individuals and businesses (referred to collectively as "socially disadvantaged businesses" or "SDBs"); Lacking a "strong basis in evidence," the race-conscious remedial measures at 10 U.S.C. § 2323 (setting a goal to award at least 5% of annual contracting... Read More
HEADLINES ADDED: November 04, 2008
House building target under threat
The government has been put under increasing pressure to scale back its target to build 3m homes by 2020 in light of environmental and economic fears.... Read More
HEADLINES ADDED: November 03, 2008
House building target under threat
The government has been put under increasing pressure to scale back its target to build 3m homes by 2020 in light of environmental and economic fears.... Read More
HEADLINES ADDED: September 15, 2008
Dewatering Challenge In Pensacola
In Pensacola, FL, Roads Inc. was recently called on to tackle a number of site work, road building and infrastructure construction challenges at a project located along Highway 98. The job was to install a new turning lane on U.S. 98 at the site of a recently constructed bank. Work included not only constructing the new turn lane but also installing new guard rail and an 80-foot-long double run...... Read More
HEADLINES ADDED: September 10, 2008
Highway Trust Fund Troubles Endanger Road and Bridge Projects
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HEADLINES ADDED: August 12, 2008
Casey County Construction
Extensive bridge and earthwork operations are taking place in Casey County in southern Kentucky. Near the city of Liberty, crews are busy realigning KY 70 and connecting that route to U.S. 127. Haydon Bridge Co. Inc., Springfield, KY, is the prime contractor for the project under a $10.8-million contract with the Kentucky Transportation Cabinet.... Read More
HEADLINES ADDED: July 30, 2008
CBI: BSF delays are damaging economy and construction
The government's "inadequate leadership" on the £45bn Building Schools for the Future programme is causing short- and long-term damage to the economy, a CBI has warned.... Read More
Design and Construction of Beach Redesign and Restoration Project, Trinidad
The Tourism Development Company Limited (TDC) invites qualified and experienced contractors/ firms to submit tenders for the Design and Construction of the Maracas Beach Redesign and Restoration Project at Maracas Bay,Trinidad. The Government of the Republic of Trinidad and Tobago, through the Ministry of Tourism, has embarked on a programme to improve the beach tourism infrastructure of Trinidad and Tobago to international standards.The current project to be undertaken is the redesign and restoration of the Maracas Bay Beach Facility. Skill and Experience of Tenderer Tenderers are expected to have... Read More
HEADLINES ADDED: July 23, 2008
Government contractors told to support unions
Companies bidding for government contracts will be told they must promote trade union membership to win jobs.... Read More
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: 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
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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?
... Read More
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
Critical Audit of Port of Seattle Construction Management
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HEADLINES ADDED: December 20, 2007
Project Delivery Systems
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Legal Aspects of Public Purchasing - Training
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Basics of Public Works Contract Administration - Training
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HEADLINES ADDED: December 19, 2007
Authority to Issue Changes on Govt. Contracts
The Federal Circuit released an opinion that should serve as a cautionary tale on some of the perils of contracting with the Federal Govt. This case arose out of claims for equitable adjustment on a renovation project at the Great Lakes Naval Research Center.The Federal Circuit reversed many of the findings in favor of the General Contractor on the basis that the Project Manager for the Navy did not have actual authority to approve the changes claimed by the General Contractor. The prime contract incorporated by reference many of... Read More
Court denies contractor relief for claims against County of Sacramento where claim filing requirements were not followed
The California Court of Appeal recently entered a decision reinforcing the importance of a contractor's compliance with the applicable code provisions when filing claims and bringing causes of action against public entities in public works projects.In Westcon Construction Corporation v. County of Sacramento, (2007) 152 Cal. App. 4th 183, the County of Sacramento awarded Westcon a contract to construct a security fence in August of 2000. During construction, the parties encountered problems and Westcon requested extensions on the completion date and additional compensation. A notice of completion was recorded... Read More
New comprehensive guide for Integrated Project Delivery published
Earlier this month, the American Institute of Architects California Council ("AIACC") and the American Institute of Architects ("AIA") jointly published a comprehensive new guide to Integrated Project Delivery methods. The document is entitled "Integrated Project Delivery: A Guide," and can be downloaded here. The Guide marks an exciting step forward in the development of Integrated Project Delivery concepts and making IPD a viable alternative for the construction industry. The Guide is approximately 57 pages long and is divided into seven chapters. It begins with an updated definition: Integrated Project Delivery (IPD) is a... Read More
Governor Schwarzenegger Announces Ambitious Plan to Foster Public-Private Partnerships
Governor Schwarzenegger recently announced a plan to promote public-private partnerships in order to meet California’s long-term infrastructure needs. (See Los Angeles Times article.) Public-private partnerships are contractual agreements which are formed between public agencies and one or more private companies whereby the private company finances, builds and manages public facilities for a specified period of time.Public facilities which could benefit from such public-private partnerships include schools, roads, ports, treatment plants and hospitals. Under the terms of the agreement, the private company either rents the newly constructed facility back to the government... Read More
MBE, WBE, MWBE, DBE
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New law limits design professionals' indemnity obligations to public agencies
The Governor signed a new law today which limits a public agency's ability to impose indemnity obligations on design professionals. AB 573 (Wolk) creates a new Civil Code section 2782.8 which makes indemnity clauses imposed by public agencies on design professionals (including architects, landscape architects, engineers and land surveyors) unenforceable except to the extent that they are based on the negligence, recklessness or willful misconduct of the design professional. Click here to see the text of the bill. Design professionals will obviously find this to be welcome news. It may also clarify an issue which... Read More
Now Online - Bidder Responsibility Guidelines
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Construction Defects Seminar
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Tools to Reduce Change Orders
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More on Bidder Responsibility
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HEADLINES ADDED: December 18, 2007
Insurance Documentation
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Payment and Performance Bonds
... Read More
Construction Claims Training
... Read More
HEADLINES ADDED: December 16, 2007
"Best Value" Conference
... Read More
HEADLINES ADDED: December 13, 2007
Emergency Declaration for A/E Contracts
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Questions on Public Contracting?
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Include Public Works In Your Offered Contracting Services
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HEADLINES ADDED: December 09, 2007
NYC DOT Officials Nabbed for Bribes
The Nov. 27 arrest of two New York City Dept. of Transportation officials, one a top executive, on bribery charges came as a shock to some metro area construction participants.... Read More
HEADLINES ADDED: December 05, 2007
Protest Challenges Solicitation for Single Award Task Order Contract (SATOC) Involving Military Construction
A protest was filed recently in the United Stated Court of Federal Claims by our firm on behalf of a small business construction contractor challenging a solicitation issued by the Fort Worth District of the U.S. Army Corps of Engineers. The solicitation, No. W9126G-07-R-0123, is one of four similar solicitations for the construction of military projects described as Advanced Individual Training (AIT), Basic Training (BT) Barracks, and Warrior in Transition (WIT) facilities. The construction is being solicited through the use of a negotiated Indefinite Delivery/Indefinite Quantity (“IDIQ”) procurement on a Single... Read More
HEADLINES ADDED: December 04, 2007
Babs Abubakari: Quality-Base Selection Success at Georgia DOT
Babs Abubakari, State Consultant Design & Program Delivery Engineer for the Georgia Dept. of Transportation, talks about the award-winning QBS program.... Read More
HEADLINES ADDED: December 03, 2007
GAO Awards Recovery of Protest Costs
In a decision issued on July 24, 2007, Matter of Panacea Consulting, Inc., the GAO ruled that protest costs should be awarded to the protester because the GAO attorney had indicated, during an Alternative Dispute Resolution proceeding, that the protest would be sustained if a GAO decision was issued. The protester alleged that the agency improperly gave disproportionate weight to price versus technical considerations in the source selections, and failed to document the basis for the numeric scores assigned to the submissions during its evaluation and source selection. In... Read More
FAR Proposes Mandatory Contractor Codes of Ethics and Business Conduct
For years, in-house counsel have struggled with how best to persuade their clients to establish codes of business conduct, implement training programs, and adopt systems for assessing contract compliance. While the wisdom of all three activities was obvious to lawyers, who have the benefit (or misfortune) of witnessing firsthand the pervasive impact of not doing these things, the message often was lost on revenue-driven sales organizations that could not quite grasp -- or preferred not to grasp -- the ROI of a robust internal compliance program.Several months ago, corporate... Read More
BASIC TIPS RELATING TO GOVERNMENT AUDITS
1. Every audit has the potential for multiple layers of liability - contractual, civil and criminal.2. Coordinate all audit activity - start to finish - with your Law Department.3. Speak with one voice, literally - use a single point of contact for all audit communications with the Government.4. Try to negotiate reasonable limits on the documentation to be made available.5. Be fully responsive to the audit request - but do not produce what has not been requested.6. Bring the records to the auditor, not the auditors to the records.7. Keep records of everything produced.8. Educate your employees about the audit process and... Read More
Revolving Door
The hiring and use of former Government officials, while of obvious advantage in the ongoing conduct of business, can be fraught with short term peril, including criminal liability. The conviction of Darlene Druyun in connection with hiring irregularities and the ensuing legal difficulties of its employer should be enough to alert companies and individuals to the need for vigilance in this area. In this edition of the blog, we provide a primer on the rules that govern the hiring and use of former Government officials. The following PowerPoint delineates... Read More
HEADLINES ADDED: November 29, 2007
Electronic Subcontracting Reporting System (eSARS)
As part of the President's Management Agenda for Electronic Government, the Small Business Administration (SBA), the Integrated Acquisition Environment (IAE), and a number of Agency partners collaborated to develop the next generation of tools to collect subcontracting accomplishments. This government-wide tool is known as the eSRS. This Internet-based tool will streamline the process of reporting on subcontracting plans and provide agencies with access to analytical data on subcontracting performance. Specifically, the eSRS eliminates the need for paper submissions and processing of the SF 294's, Individual Subcontracting Reports, and SF... Read More
Termination for Default Sustained in Barracks Renovation Case
In a recent decision issued on July 6, 2007, Appeals of FFR-Bauelemente + Bausanierung GmbH, ASBCA Nos. 52152, 54563, 54808, 54809, 55017, the Armed Services Board of Contract Appeals held that the government had shown that the Contracting Officer was “justifiably insecure about the contract’s timely completion” and that a termination for default was justified. The CO and COR (Contracting Officer’s Representative) believed, based on experience with other Corps of Engineers barracks renovations, that nine months was needed for a contractor to perform the barracks renovation work. After 113 days... Read More
The Difficulty a Protester Faces When Attempting to Overcome the GAO's Deference to Agency Discretion
The Government Accountability Office (“GAO”) posted five protest decisions today and, not surprisingly, each protest was denied. One of those decisions, Metson Marine Services, Inc., B-299705, involved Metson’s protest of the award of a contract to Seaward Services, Inc. under a Request for Proposals (RFP) issued by the Department of the Navy, Military Sealift Command (MSC) to obtain port operation and vessel management services for the Athena high speed research vessel system. Metson protested that the agency unreasonably concluded that its proposal was technically unacceptable, failed to conduct meaningful discussions... Read More
HEADLINES ADDED: November 28, 2007
It is Dangerous to Take Shortcuts When Preparing Your Proposal
A recent GAO decision highlights the need for offerors to fully understand a Request for Proposals (RFP) and to pay close attention to the details when preparing a proposal in response to an RFP. In C. Martin Company, Inc., the agency rejected the protestor’s proposal, determining that it was technically unacceptable. The agency discovered that the offeror had referenced outdated regulations, standards, and procedures. Some of the references were to processes and standards that had been obsolete for at least three years. It became evident that the offeror had incorporated parts... Read More
HEADLINES ADDED: November 27, 2007
The Need for More Competition in the IDIQ Process
“Competition is the cornerstone of our acquisition system.” This opening statement, from the Administrator of the Office of Management and Budget (OMB) in his May 31, 2007 policy directive, Enhancing Competition in Federal Acquisition, formed the basis for requesting that all government agencies take advantage of full and open competition, particularly on task orders issued under IDIQ contracts. OMB noted that “the lack of meaningful competition” for task orders has increased as government agencies have awarded more IDIQ contracts with a corresponding rise in task and delivery orders.OMB’s directive also expressed... Read More
Corps of Engineers Conduct Found to be an "End Run" to a Judicial Order and Injunction on MATOC Solicitation
The Corps of Engineers responded to the recent Order of the United States Court of Federal Claims dated November 1, 2007, granting a permanent injunction against the issuance of a MATOC solicitation for dredging, by taking four proposed task orders included in the MATOC solicitation and reissuing them as separate negotiated procurements. (See the article posted on November 5, 2007). The Plaintiff, Weeks Marine, Inc., filed a motion asking the Court to find that the Corps of Engineers had violated the November 1 Order. Weeks argued that the injunction... Read More
HEADLINES ADDED: November 26, 2007
Deal Reached on $21 Billion Water Resources Bill
Engineering New Record reports that House and Senate conferees have reached a deal on a long–delayed bill that would authorize about $21 billion for hundreds of Army Corps of Engineers water projects and require more review by outside experts of work the Corps plans to do. Funding would provide for projects to restore the Louisiana coast and Florida's Everglades, upgrade navigation on the upper Mississippi River and improve flood control efforts nationally. Key lawmakers announced July 27 they had reached an agreement on major elements of a new Water... Read More
New Rule Allows Subcontracts to Companies Owned by American Indian Tribes to Count Toward Small Business Subcontracting Goals
A new federal rule allows federal contractors to count subcontracts given to companies owned by American Indian tribes and Alaskan communities toward small business contracting goals. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to implement section 702 of the Emergency Supplemental Act, 2002, as amended by section 3003 of the 2002 Supplemental Appropriations Act for Further Recovery From and Response to Terrorist Attacks on the United States. The law permits subcontracts awarded to... Read More
GSA Streamlines Local Small Business Contracting on the Gulf Coast
As recently reported by Elise Castelli in the Federal Times, "The long slog to rebuild the Gulf Coast devastated by Hurricane Katrina might be gaining some speed." A new order signed by GSA Administrator Lurita Doan will make it simpler and faster for the U.S. General Services Administration to award millions of dollars in recovery contracts to local small business in the Gulf Region supporting Hurricane Katrina recovery efforts. Contracts for debris clearance, supply distribution, reconstruction and other disaster relief will be set aside for local businesses under the order. "The... Read More
Feds Agree To Fund $1.3 Billion For New New York City Subway
The New York Metropolitan Transportation Authority's $4.9-billion first phase of the planned Second Avenue Subway has received a Full Funding Grant Agreement from the Federal Transit Authority for $1.3 billion.... Read More
HEADLINES ADDED: November 25, 2007
House Approves Final Transportation Bill
The House approves a final transportation bill that boosts highway spending to record levels by a wide margin.... Read More
Heathrow expansion plans revealed
Transport Secretary Ruth Kelly has launched a consultation process for a proposed third runway and a sixth terminal at Heathrow airport.... Read More
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The Toyota Way is my favorite book for 2007. It had so many good ideas that I could not keep up and ended up reading it again and even buying the Field Book to go along with it.
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