In its recent report to Congress, the Bureau of Reclamation noted that diminishing federal funding over the years has resulted in delays to rural water supply projects. Between 1980 and 2007, Congress directed the Bureau to undertake eleven specific rural water supply projects. Of those eleven, four have been completed in South Dakota and in Montana and seven remain unfinished in North Dakota, South Dakota, New Mexico, Montana, Iowa and Minnesota.
When Congress comes back from its August recess, the Senate Environmental and Public Works Committee will likely work on reauthorizing the Water Resources Development Act (WRDA). WRDA authorizes federal investment in and policies for flood control, navigation and environmental restoration projects and has not been reauthorized since 2007, when more than $23 billion was authorized over five years. Contact your representative and senators NOW to tell them it’s time to reauthorize WRDA by clicking here.
On August 8, AGC urged the U.S. Department of the Interior (DOI) to reverse a decision to procure construction services using an online reverse auction. Specifically, the National Parks Service (NPS)—an agency within DOI’s jurisdiction—recently issued a solicitation for the “delivery and supply of flexible road base” to be procured as a commercial item contract, rather than a construction services contract, using a reverse auction.
AGC will hold a free webinar on August 28 from 2:00 PM to 3:00 PM EDT to educate federal contractors about a final executive compensation and subcontractor award rule that is going into effect on August 27. Mr. Edward DeLisle, a partner in the construction and federal contracting groups of Cohen Seglias Pallas Greenhall & Furman PC, will discuss the rule’s scope and how federal contractors can comply with the new rule. To RSVP for the webinar, click here.
The U.S. Army Corps of Engineers (USACE) has revised the schedule for the EM 385-1-1, 2008 revision to allow more time for industry review, with first draft comments due to USACE before Sept. 1, 2012. The schedule change provides AGC and its members an opportunity to thoroughly review the entire manual and identify potential areas for improvement or clarification.
On August 3, the White House Administrator of the Office of Information and Regulatory Affairs (OIRA), Cass Sunstein, announced he would be stepping down shortly. Sunstein often stressed pragmatism over ideology as he headed an often overlooked federal agency, which has proven to be an important federal agency that reviews all new federal regulations before they are finalized.
The Senate Finance Committee began consideration of a package of “tax extenders” (tax provisions that are typically renewed annually). The base bill extends about 50 provisions that impact individuals (the biggest of which is the Alternative Minimum Tax patch at about $98 billion), businesses (which includes research and experimentation and section 179 expensing), and energy proposals (such as credits for biodiesel). About 20 provisions that have typically been included in the annual extenders were not included in the package (although they may be added back as the package is considered).
On Aug.2, the House of Representatives passed a short-term, $383 million drought disaster relief bill in lieu of a multi-year, comprehensive farm bill that includes critical flood protection funding. Democrats opposed the cuts to food stamps and Republicans were opposed to some of the subsidies for farmers.
Rep. Earl Blumenauer (D-Ore.) introduced legislation that would create a trust fund to be used to assess user fees on water users and products that affect the water stream in attempts to generate around $9 billion per year to pay for water infrastructure projects. To generate $9 billion annually, the bill proposes fees at the manufacturer level on bottled beverages, pharmaceuticals, and flushable products (personal hygiene, toiletries, cooking oils, etc.). None of these groups are supportive of the legislation and the bottlers have come out strongly opposed to paying into the fund.
A study released Aug. 1, 2012 on Department of Labor enforcement data shows no justification for the costly and complex rules proposed by the Office of Contract Compliance Programs (OFCCP) governing the hiring of veterans and people with disabilities. The analysis found that significantly less than one percent of federal contractors covered by the rule may have discriminated against a veteran or person with a disability at any point in the past eight years.