The Senate on August 7 confirmed Ms. Jo-Ellen Darcy as the new Assistant Secretary of the Army (Civil Works). Ms. Darcy most recently served as the Senior Environmental Advisor to the Senate Finance Committee.In her new role, she will have primary responsibility over the Department of the Army's programs for conservation and development of the nation's water resources, including flood damage reduction, river and harbor navigation, environmental restoration and protection, water supply, shore protection, hydropower and recreation.Previously, Ms. Darcy was the Senior Policy Advisor to the Senate Committee on Environment and Public Works.  Prior experience includes service as the Executive Director of the Great Lakes and Water Resources Planning Commission in Michigan, the Assistant to the Director of Personnel for Gubernatorial Appointments for the Governor of Michigan, and Policy Analyst in the U.S. House of Representatives Banking Subcommittee on Economic Stabilization.For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.

House leaders are beginning the lengthy process of putting together a new Water Resources Development Act ("WRDA") for consideration in 2010. WRDA a is biennial comprehensive water resources law that authorizes studies and projects within the U.S. Army Corps of Engineers mission areas, including navigation, flood damage reduction, hurricane and storm damage reduction, shoreline protection and environmental restoration.On November 8, 2007, the Water Resources Development Act of 2007 (P.L. 110-114) was last enacted into law.  This law addressed a backlog of project authorizations, modifications and studies that had accumulated since the law's previous authorization in 2000. AGC has long advocated for timely passage of new WRDA bills to address new project studies and authorizations that have come up over the past two years.For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.

On July 29, the Energy and Water Development and Related Agencies Appropriations Act, 2010 passed the full Senate by a vote of 85-9 with six senators not voting. This bill contains the FY2010 funding for the U.S. Army Corps of Engineers as well as the Bureau of Reclamation. The next step is for the House and Senate to reconcile the differences between the two in conference committee.On July 8, the Senate Energy and Water Appropriations Subcommittee reported a $34.27 billion package that is $643 million below President Obama's budget request and nearly $476 million above the FY 2009 omnibus enacted level. The House Appropriations Committee reported its $33.3 billion bill on July 9. The Senate's bill would provide $5.4 billion for the Army Corps of Engineers, slightly less than the House figure of $5.54. This represents a modest increase of approximately $139 million over the FY 2009 and an approximate increase of $416 million over the Obama Administration's request of $5.1 billion.The Bureau of Reclamation would receive $1.13 billion, slightly more than the House bill figure of $1.08 billion. This represents an approximately $38 million decrease from FY 2009, but an approximate $17 million increase above the administration request.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 Congress.To review the House FY 2010 Appropriations tableclick here.To review the list of the House FY 2010 projectsclick here.To read the House Bill Summaryclick here.To read the Senate Bill Summaryclick here.For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.

Adhering to federal contractual requirements can be complicated as any subcontract or purchase order must follow the Federal Acquisition Regulation (FAR) requirements.  To assist in that effort, ConsensusDOCS has created a guidance document to its newly published 752 Standard Subcontract for Federal Construction Projects.   The sample exhibit of FAR requirements for federal construction work references more than 50 FAR requirements, and was written for use in conjunction with the ConsensusDOCS 752, specifically section 12.14.  Any contractor considering subcontract work should consider the new ConsensusDOCS standard subcontract and corresponding guidance document as a helpful tool.  More information can be found at www.consensusdocs.org.

Applies to Recovery Act Funded Federal-Aid Projects 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 Web site 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 GuidanceView Recipient Reporting Data Model - Template, Data Dictionary, XML SchemaRead the List of Programs Subject to Recipient Reporting For more information, contact Marco Giamberardino at (703) 837-5325 or giamberm@agc.org.

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 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 SchemaRead 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.