Bill Addresses One-Step Design-Build and Reverse Auctions The Senate Committee on Homeland Security and Government Affairs this week unanimously passed AGC-supported legislation that would (1) require civilian federal agencies—non-Department of Defense agencies—to utilize the two-step design-build selection process for design-build projects greater than $750,000, thereby limiting one-step design-build procurements; and (2) prohibit reverse auctions for construction services. The bipartisan legislation introduced by Sens. Rob Portman (R-Ohio) and Mazie Hirono (D-Hawaii), the Consensus Procurement Improvement Act of 2015, S. 1526, may now move to the Senate floor for consideration and passage. An AGC co-chaired coalition of 15 national construction organizations sent a letter in support of this measure and has long worked to advance it through the legislative process. AGC is working with members of the House to introduce the same bill there.

AGC Pushes for Redevelopment of Excess Federal Real Property Members of the House and Senate have recently introduced and advanced legislation that could encourage federal agencies to dispose of, consolidate, or redevelop billions of dollars of excess or underutilized civilian federal real property. This could translate into significant private and federal construction work throughout the nation. As such, advancing these bills are a significant legislative priority for AGC.

Includes Duplicative Debarment for Late Taxes and Crimes AGC filed comments this week on a Federal Acquisition Regulation (FAR) Council proposed rule that would prohibit federal agencies from entering into a contract with any corporation that has a delinquent federal tax liability or a felony conviction under any federal law, unless (1) the agency has considered suspension and debarment of the corporation and (2) has made a determination that such action is unnecessary.

AGC’s 97th Annual Convention will be held March 9-11, 2016 in San Antonio, Texas. Please visit meetings.agc.org/convention for registration information. Below is a preview of the Utility Infrastructure, Federal & Heavy Construction, and Highway & Transportation Division meetings.

Save $75 on Registration Fee; Held May 9-11 in DC Register on or before February 12 for the 2016 AGC Federal Contractors Conference (FEDCON) and save $75 off the registration fee. FEDCON—held May 10-11 at the Mayflower Hotel in Washington, D.C.—is the premier conference for federal construction contractors to discuss the latest projects, policies and contracting issues facing the industry with federal agencies, including the U.S. Army Corps of Engineers, Naval Facility Engineering Command, Air Force Civil Engineer Center, General Services Administration, Department of Veterans Affairs, Department of State, Natural Resources Conservation Service, and Bureau of Reclamation.

Rules Impact Direct-Federal Contractors Snow can close the federal government, but it does not stop the federal regulatory machine. The Federal Acquisition Regulation (FAR) Council and U.S. Small Business Administration (SBA) recently issued final and proposed rules, respectively, that impact direct-federal construction contractors.

Recently, AGC sent letters opposing the possible use of a project labor agreement (PLA) mandate posted by the U.S. Army Corps of Engineers Nashville District. The letters address the possible use of mandatory PLAs involving the construction work on the Chickamauga Lock in Chattanooga, Tennessee and Kentucky Lock Addition near Paducah, Kentucky.

Save $75 on Registration Fee; Held May 10-11 in DC Register before January 31 for the 2016 AGC Federal Contractors Conference (FEDCON) and save $75 off the registration fee. FEDCON—held May 10-11 at the Mayflower Hotel in Washington, D.C.—is the premier conference for federal construction contractors to discuss the latest projects, policies and contracting issues facing the industry with federal agencies, including the U.S. Army Corps of Engineers, Naval Facility Engineering Command, Air Force Civil Engineer Center, General Services Administration, Department of Veterans Affairs, Department of State, Natural Resources Conservation Service, and Bureau of Reclamation.

Passage Expected Before Christmas On Wednesday, Congressional leaders released a $1.1 trillion omnibus appropriations bill that will fund federal agencies and programs for the remainder of fiscal year (FY) 2016. Overall, the bill includes mostly good news for construction accounts, as many see increases compared to FY 2015 levels and others receive significantly smaller cuts than Congress initially wanted. The omnibus bill provides nearly $121 billion for federal construction accounts as tracked by AGC. This is an increase of approximately $8 billion from fiscal year 2015 and $15 billion less than the administration’s fiscal year 2016 budget request. To give time for passage of this final spending package, Congress passed another short-term funding bill—called a continuing resolution—that will fund the government through Dec. 22. The House is expected to pass the omnibus bill on Friday, with a vote in the Senate to follow shortly thereafter.

Prior to Thanksgiving, the president signed into law the National Defense Authorization Act of FY 2016 (NDAA Bill), which includes several AGC-backed federal procurement reform provisions that will help prevent individual surety fraud, allow joint ventures to submit individual businesses’ relevant past performance evaluations as part of their proposals—not merely the relevant past performance of the joint venture itself—and fix a recent court decision that would have required small business construction contractors to purchase all their materials and supplies from other small businesses.