ACEC PRESIDENT’S MONTHLY UPDATE--June 1, 2010
This is a national update on ACEC activities in Washington, DC, provided by David Raymond, ACEC President ACEC has achieved landmark successes in recent months on several federal issues: - Project Labor Agreements: ACEC exempted engineering services from the Administration’s final rule ordering PLAs for construction site work.
- Retainage: Made “optional” a previously “mandatory 10%” retainage on direct federal contracts.
- Liability Protection: Won federal appeals court ruling to protect engineering firms working for FEMA against separate liability under state law.
- FAR Compliance: Developed new guidance with AASHTO and FHWA that compels state DOTs to strictly follow FAR-based procedures.
Additionally, ACEC published an important QBS study demonstrating empirically that QBS (rather than low bid) leads to greater cost savings and owner satisfaction. Special online seminars helped members gain a more thorough understanding of the new health care legislation, new energy markets, revised FHWA audit guidelines, and other key issues. ACEC is also collaborating with ASCE and APWA on a unique sustainability rating system for infrastructure to complement LEED. Front burner issues remaining on ACEC's agenda include: - Water: Passing a $40 billion water bill, as well as legislation for an additional $6 billion annual private activity bonding authority for water projects.
- Transportation: Passing a $53 billion airport program funding bill; and working with Congressional leaders on a new six-year highway bill and finding revenue sources to pay for it.
- Energy: Expanding market opportunities; opposing restrictive measures.
- Tax: Seeking repeal of 3% withholding mandate on government contracts; preservation of cash accounting option; and opposing tax increases that would burden engineering firms.
General - Secured a significant change to the longstanding federal policy on retainage, making the previously mandatory 10% retainage requirement optional.
- Won a landmark federal appeals court ruling that the National Flood Insurance Act (NFIA) shields engineering firms working for FEMA from actions under state law.
- Awarded Minuteman Fund grants to ACEC/Florida to support liability limitation legislation and to ACEC/New York to fight union anti-contracting out efforts.
- Published in the Boston Globe a Letter to the Editor advancing QBS in support of ACEC/Massachusetts initiatives.
Government Affairs - Lobbied Congress against the diversion of transportation fees from the Highway Trust Fund in draft climate change legislation proposed by Senators Kerry and Lieberman.
- Endorsed legislation to repeal unnecessary paperwork requirements in the recently enacted health care law.
- Met with the U.S. Executive Director of the World Bank and Assistant Secretary of Treasury to provide industry perspectives on World Bank host-country procurement procedures and the new reciprocal “disbarment” policy of the multilateral development banks.
- Provided formal comments on new draft World Bank consultant procurement guidelines.
- Spoke at the Federal Agencies Commissioning Workshop on the need for commissioning agents to be licensed professionals.
- Hosted fundraising events for Congressmen John Olver (MA), Jerry Costello (IL), Bob Etheridge (NC), Rick Larsen (WA), Tom Petri (WI), Tim Ryan (OH), John Spratt (SC),and Senators Ron Wyden (OR) and Lisa Murkowski (AK).
Institute for Business Management
- Hosted three online seminars in response to member firm special interests:
- Executive Compensation in the New Economy: Back to Basics, Kathryn Sprankle;
- Make or Break Indemnification Provisions: Managing the Risk, Kent Holland;
- The Fundamentals of Implementing the Integrated Project Delivery Process, Kenneth W. Cobleigh and Markku Allison.
- Held ACEC’s two-day course covering contracts, risk management, and negotiations: Closing the Deal with A/E/C Contracts: Recognize Pitfalls, Negotiate Winners.
- ACEC’s Contracts Central is now listed as a Google advertiser, so that the Google search engine will locate Contracts Central when key terms are entered.
- ACEC Bookstore hot seller for the month: The Blue Sourcebook: Business Practices and Risk Management for Engineering Firms (an ACEC-published title). ACEC Members can get Member discounts on ACEC Bookstore publications. If your firm is a member, you are a member. Contact ACEC for more information. To see what the ACEC Bookstore can offer you: https://netforum.acec.org/eweb/?site=acec_store
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