Engineering Inc. - July/August 2003 - 8

L E G I S L AT I V E AC T I O N ACEC FIGHTS ANTI-OUTSOURCING BILL; SCORES
MAJOR QBS, FLSA, AHP VICTORIES Highway Robbery Legislation Introduced this
year, with reauthorization proposals moving in both the House ACEC is
continuing to fight a bill introduced by Congresswoman and Senate. Carolyn
Cheeks Kilpatrick D-Mich. that will make it more diffi- T h e House
Transportation and Infrastructure Committee cult for state DOTs to
outsource engineering services. H.R. 1980 approved a four-year, $59
billion bill to reauthorize AIR-21. Titled forces state transportation
agencies to conduct a cost-benefit analysis Flight 100 Century of Aviation
Reauthorization Act H.R. 2115 , and comply with other flawed mandates
before outsourcing engi- this bill would increase airport infrastructure
funding from $3.4 bil- neering services for any federal-aid project
exceeding $100,000. lion to $4.0 billion, and includes comprehensive
environmental This legislation is lousy public policy and a clear attempt
to stop streamlining provisions to speed aviation projects. outsourcing,
says ACEC Transportation Committee Chairman The Senate approved a
three-year, $43.5 billion measure called the Jerry Stump. He added that
the bill is completely at odds with the Aviation Investment and
Revitalization Vision Act AIR-V . Under current trend in government to
maximize the use of private sector the bill S. 824 , funding for airports
would grow from $3.4 billion expertise and innovation. to $3.6 billion.
The bill also includes some streamlining compo- H.R.1980 was referred to
the House Transportation and Infra- nents, particularly for projects at
major airports. structure Committee, as well as the House Government
Reform ACEC Scores Major QBS Victory Committee; however, Congresswoman
Kilpatrick does not serve on The revisions to OMB's Circular A-76
regulations represent a signif- either committee. icant victory for ACEC,
which has long argued that the old A-76 ACEC has been working very closely
over the past year with the process awarded contracts on the basis of low
price. members and staff of the Transportation and Infrastructure Com- As
the Bush Administration pushes federal agencies to open func- mittee, and
its Senate counterpart to educate them on the problems tions that are
commercial in nature to competition from the private associated with this
legislation. It is expected that a version of the sector, ACEC members can
expect to see streamlined A-76 competi- Kilpatrick bill will be offered as
an amendment when legislation to tions for engineering services listed in
FedBizOpps. reauthorize TEA-21 comes up later in the year. The revised
A-76 process provides the mechanism under which ACEC Efforts Help Derail
Challenge to those competitions would take place. It advises federal
agencies to FLSA Reform use QBS when undergoing an A-76 competition, and
it directs them ACEC and its industry allies have defeated an amendment on
the to consult with the Office of Federal Procurement Policy OFPP for floor
of the House of Representatives that could have derailed the guidance.
Council's efforts to reform and update the Fair Labor Standards Act
Addressing ACEC concerns that agencies would continue to FLSA . ISSUE ON
THE MOVE WHAT'S NEXT After an intensive lobbying on Capitol Hill by ACEC
staff and a grassroots letter-writing campaign by ACEC members, the House
Decision on reauthorization TEA-21 Reauthorization rejected 213-210 the
anti-reform amendment offered by Rep. timing due July George Miller
D-Calif. to the F.Y. '04 Labor Appropriations bill. ACEC has long
advocated changes to the FLSA that would allow House bill passed; Senate
AIR-21 Reauthorization member firms to more easily identify exempt and
non-exempt action expected before August employees and in other ways to
simplify compliance with the statute. In March, the Labor Department
released proposed comprehen- Amendment fight Union Anti-Outsourcing Bill
sive new FLSA regulations that include many ACEC-advocated expected during
TEA-21 con- reforms. ACEC submitted comments on the regulations, both
prais- sideration ing the changes and suggesting additional improvements.
ACEC also is pursuing a FLSA reform bill in the Senate introduced by Sen.
Regs survive House; Senate FLSA Reform Lindsey Graham R-S.C. . challenge
looms AIR-21 Reauthorization Bills Moving; 2003 Passage Expected Ensure
agency compliance QBS in A-76 with new guidelines Prospects remain bright
for passage of legislation to reauthorize the Aviation Investment and
Reform Act for the 21st Century AIR-21 l August 2003 8 E N G I N E E R I N
G INC. J u l y
Engineering Inc. - July/August 2003

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