Construction | The Contracting Education Academy

December 5, 2018 By cs

What is the Christian Doctrine and why should you care?

The “Christian Doctrine” provides that a mandatory statute or regulation that expresses a significant or deeply ingrained strand of public procurement policy shall be read into a federal contract by operation of law, even if the clause is not in the contract.

The doctrine is an exception to the general rule that the government must put vendors on notice of contract requirements, whether expressly or through incorporation by reference.

It also is an exception to standard commercial contracting practices and contract interpretation principles.

The rationale for the doctrine is that procurement policies set by higher authority cannot be avoided or evaded (deliberately or negligently) by lower government officials.

Keep reading this article at: https://governmentcontractsnavigator.com/2018/11/19/what-is-the-christian-doctrine-and-why-should-you-care/

November 13, 2018 By cs

PA bill would open door to competitive school construction bids, away from cooperative purchasing

Pennsylvania state representative Jesse Topper has introduced a bill that would open major construction projects to competitive bidding, reports The Inquirer of Philadelphia.

The bill, which is with the State Government Committee, was precipitated by a study from research firm Ducker Worldwide that found from 2005 to 2010, schools across the state wasted more than $100 million in taxpayer money on roofing by using cooperative purchasing rather than competitive bidding.

The proposed bill would outlaw cooperative purchases for construction projects, which the bill’s backers say will save money, especially for public schools having financial troubles. One school district received a roofing bid from a cooperative for $2.4 million, whereas an open bid for the same project totaled $1.4 million.

Still, many Pennsylvania school officials say cooperative purchasing agreements have merit, offering quality assurance, consistency and reduced maintenance, reported The Inquirer. They also say that open bids, unlike cooperatives, don’t take design costs or project monitoring into account.

Keep reading this article at: https://www.constructiondive.com/news/pennsylvania-bill-would-open-door-to-competitive-school-construction-bids/541536/

October 17, 2018 By cs

Pragmatism wins the day in GAO Buy American protest

Last month, the Government Accountability Office (GAO) issued a bid protest decision regarding the application of Buy American Act (BAA) requirements to a solicitation for construction. In this decision, GAO rejected the agency’s determination that an offeror’s bid was nonresponsive because the offeror failed to provide certain required information for the evaluation of a potential BAA exception.

A summary of the decision and our takeaways are below.

Passed in 1933 during the Great Depression, the BAA was designed to support United States labor and manufacturing by establishing certain federal government procurement requirements related to the purchase of domestic supplies and the incorporation of domestic materials into construction projects in the United States.

With respect to construction projects, FAR subpart 25.2 requires contractors to incorporate “domestic construction materials,” unless the contracting officer determines that an exception applies or the requirements are otherwise waived by the Trade Agreements Act (TAA), as implemented in FAR subpart 25.4.

Keep reading this article at: https://www.insidegovernmentcontracts.com/2018/10/pragmatism-wins-day-gao-buy-american-protest/

July 15, 2018 By cs

Learn all about federal construction contracting the week of Oct. 29th

The Contracting Education Academy at Georgia Tech is offering the four and a half day Defense Acquisition University course, CON 244: Construction Contracting, beginning October 29, 2018.

The course focuses on government contracting issues unique to the construction field. Topics include: acquisition planning, contract performance management, funding, environmental concerns, construction contract language, construction contracting in a commercial setting, the Construction Wage Rate Requirements statute (formerly referred to as the Davis-Bacon Act), the design/build strategy, schedule delay analysis, constructive changes, acceleration, construction contract quality management, and much more.

To register for this course, please visit: https://pe.gatech.edu/courses/con-244-construction-contracting.

Who Should Attend

Contracting officers, contract specialists, contracting officer representatives, program/project managers, small business specialists, and industry contracting personnel.

How You Will Benefit

Attendees learn how to:

Apply federal acquisition laws and regulations, Department of Defense and other agency supplemental regulations, agency policies and procedures, and best practices in soliciting, awarding and administering construction contracts.
Contrast typical support requirements with a federal Construction Acquisition Plan in accordance with FAR Parts 7 and 36, DFARS Parts 207 and 236, and agency supplements, policies and procedures.
Develop a construction solicitation package in accordance with the FAR, agency supplements, and agency policy/procedures.
Evaluate, using appropriate procedures, construction offerors and the contract awardee.
Determine the applicable construction contract administration (compliance) approach, using the FAR, DFARS, DoD regulation/guidelines, and other relevant agency supplements, procedures and best practices.
Formulate the remedy and appropriate clause for a changed construction condition in accordance with federal and DoD acquisition and other agency laws, regulations, and best practices.
Document appropriate actions necessary to verify and authorize construction progress payments and construction contract closeout.

Act Now

Plan to join your colleagues in attending this thorough and engaging examination of the federal construction contracting process. Complete registration details are right here.

Credit

Students successfully completing this 4.5-day course receive 32 Continuous Learning Points (CLPs) from the Defense Acquisition University (DAU) and 3.2 Continuing Education Units (CEUs) from the Georgia Institute of Technology.

Added Benefits

You’ll learn in a small group setting at Georgia Tech’s world-class Global Learning Center. You’ll receive expert instruction, a printed student guide to be used back on the job, valuable handouts, and exclusive electronic resources. A complimentary breakfast is provided each morning, along with snacks throughout each day.

Registration

For more information, cost, and the registration link, go right here: https://pe.gatech.edu/courses/con-244-construction-contracting.

May 18, 2018 By cs

OSHA fines contractor and temp staffing agency $152,618

A worker died because a contractor failed to protect the worker, and a temp labor agency failed to ensure worker received safety training.

The U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA) has cited All Power Construction Corporation of Huntsville, Alabama and staffing agency Labor Finders of Tennessee Inc. after a temporary employee installing sewer lines suffered a fatal injury in a trench collapse in Huntsville. All Power Construction Corp. faces $139,684 in proposed penalties and Labor Finders of Tennessee Inc. faces the maximum allowed $12,934 in proposed penalties.

OSHA issued willful and serious citations to All Power Construction on November 7, 2017 for allowing employees to work in a trench without cave-in protection, failing to provide a safe means to enter and exit the trench, and not having a competent person inspect the trench to identify potential hazards.

Keep reading this article at: https://www.constructionequipment.com/osha-fines-contractor-and-temp-staffing-agency-152618

See OSHA’s trenching and excavation standards at: https://www.osha.gov/SLTC/trenchingexcavation/standards.html