AGC Legislative Success Begins Implementation Process The FAR Council released a proposed rule that would help limit the number of short-listed design-build teams to no more than five during a two-step design-build procurement through federal agencies. The proposed rule takes a two-pronged approach to implementing this policy. First, for contracts at or below $4 million, contracting officers will have to document their reasons for including more than five teams on the short-list. Second, for contracts above $4 million, contracting officers will not only have to provide such documentation to include more than five teams, but also have approval from the head of the contracting agency—i.e., Chief of Engineers at U.S. Army Corps of Engineers—to include more than five teams on the short-list.

Prohibits Reverse Auctions for Construction Services Contracts This week, Sens. David Vitter (R-Louisiana) and Jeanne Shaheen (D-N.H.) introduced and passed legislation out of the Senate Small Business and Entrepreneurship Committee that would help prohibit federal agencies from conducting reverse auctions for construction services contracts. A reverse auction is a procurement process through which contractors bid down price—and can see others’ bids—for a good or service contract in real time. Many federal agencies use reverse auctions to procure non-variable commodities like pens and paper. However, several federal agencies also use reverse auctions to procure construction services, which are inherently variable based on the project, site location and construction professionals.

Meet with Reps. Next Week This week there were encouraging reports out of the House Transportation & Infrastructure Committee that they plan to finalize and move their long-term highway & transit bill before the end of October. Committee Chairman Bill Shuster (R-Pa.) and Ranking Democrat Peter DeFazio (D-Ore.) met today to continue negotiations with the goal of announcing a mark-up the week of Oct. 26. It is unclear what funding levels the House bill will provide, due in large part to the breakdown in negotiations last week between Ways & Means Chairman Paul Ryan and Senator Charles Schumer, who had been negotiating a bipartisan compromise on how U.S. corporations are taxed on their overseas assets and using that revenue to fund a transportation bill.

If You Haven’t Contacted Your Rep, There is Still Time! Throughout the month of August, AGC chapters and members have been visiting with their Congressmen, urging them to pass a long-term, fully funded transportation bill when they return to Washington in September. If you have not yet contacted your Congressman, now is the time to do so.

AGC Members Must Continue to Press House of Representatives for Action The House Transportation & Infrastructure Committee could meet as early as next week to mark up their version of a multiyear highway & transit bill. However, they have yet to make any formal announcement or release the bill. Chairman Bill Shuster (R-Pa.) said this week that the committee is working to finalize the bill and determine a markup date.

Projecting the cash flow in and out of the Highway Trust Fund is a difficult task for the U.S. Department of Transportation. The Department just released new estimates that indicate there may be a sufficient balance to allow highway and transit funding to continue without interruption until June 2016, six months beyond the previous estimate.

On Sept. 10, AGC participated in a business community roundtable discussion on the “Fair Pay and Safe Work Places” Executive Order– commonly referred to as the Blacklisting Executive Order – with Republican members of the House Small Business Committee. AGC General Counsel Mike Kennedy discussed the myriad legal and practical difficulties this executive order will present construction contractors when bidding and performing work on federal contracts.

Federal Contractors Again the Focus of Executive Action On Labor Day, President Obama signed an executive order that would mandate direct-federal prime contractors and subcontractors to issue paid sick leave. The executive order mandates paid sick leave at a rate of no less than 1 hour earned for every 30 hours worked, setting a minimum of 56 hours a year of paid sick leave—about seven days—covering not only employee illness, but also caring for a child, parent, spouse, domestic partner “or any other individual related by blood or affinity whose close association with the employee is the equivalent of a family relationship.”

Co-Located with the International Construction & Utility Equipment Expo AGC will host its first ever Utility Infrastructure Conference, Sept. 29–Oct. 1 in Louisville, Kentucky. Join other contractors, owners and key industry constituents involved in every aspect of utility infrastructure construction for high-quality education sessions, the premier utility construction equipment expo, and networking opportunities.

Take Advantage Before It’s Too Late! Get up-to-date information on a variety of issues that will impact the highway and transportation construction markets over the next year. The 2015 AGC Highway Contractors Conference will be held Nov. 5-7, 2015, at the JW Marriott Phoenix Desert Ridge Resort & Spa.