As material price
volatility becomes persistent and more normal rather than
an
exception, MCAA members increasingly are calling for support in
addressing
ways
to equitably share the risk of hyper-volatility in construction
contracts.
Go to www.mcaa.org/private/procurement
for new information, including a succinct
analysis of the issues, on material price volatility and contract
clauses allowing
costs adjustments in cases of extreme volatility.
The Department of Homeland
Security announced last week a delay in
implementing its new Transportation Workers Identification Cards (TWIC)
requirements at most federal port facilities until April 15, 2009.
However,
some port
facilities in the Northeast will still have to comply by October 15,
2008.
The TWIC is
the new personal identity biometric verification and background check
requirement
implemented by the Department of Homeland Security and the U.S. Coast
Guard
to
protect U.S. ports and related facilities from terrorist attacks. Some
facilities,
including Wilmington DE, Baltimore, MD and the Gulf Coast, already are
implementing the TWIC requirements. These new requirements stem from a
Presidential Directive ordering the federal government to require
biometric
identification for employees and contractor employees entering federal
facilities
as
a way of tightening facility security. While the requirements are
developing
slowly
and behind schedule, ultimately the personal identification
verification (PIV)
cards
will apply almost entirely to defense and civilian agency properties
and may
also
be required of federal contracting private sector sites. Workers must
report
to
designated sites to arrange for the cards. Bargaining questions are
coming
up
about how to allocate the costs involved in obtaining the $130 card.
For detailed
information, go to http://www.tsa.gov/twic.
Federal procurement reforms took a major step forward last week as the House Committee on Oversight and Government Reform reported out H.R. 3033, the Contractors and Federal Spending Accountability Act of 2007, sponsored by Rep. Carolyn Maloney (D-NY). That measure would create a federal acquisition database of legal and contract compliance records of firms competing for taxpayer contracts. The database would be used to qualify prospective direct federal contractors and grantees for federal contract awards. The House measure would create the database of both legal compliance and contract performance records, and would require that contracting officials review that information before awarding taxpayer dollars. Opponents of the measure continue to over-interpret the bill's enforcement mechanism, characterizing those aspects of the bill as an enhanced form of ineligibility procedure. In fact, the measure does not change any of the current Federal Acquisition Regulations (FAR) on rebuttable ineligibility standards or mitigating factors with respect to the very flexible and discretionary standards relating to contracting eligibility reviews, either on responsibility/non-responsibility determinations, suspensions, or debarments. Ineligibility or debarment are not presumed under the proposal; mere consideration is based on repeated serious violations. House floor action is expected soon.
|
We are entering the final stretch of the UMCA 2008 Spring Meetings Schedule, don't miss your chance to take advantage of our final seminars, as well as all the other valuable upcoming UMCA Events: |