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The House Rules committee on Wednesday marked-up a resolution to “transition” non-security spending for FY 2011 to FY 2008 levels.

The ConsensusDOCS 752 – Subcontract for Federal Government Construction Projects was created specifically to assist contractors and subcontractors comply with new and complex federal laws and regulations.  The ConsensusDOCS Federal Subcontract is the only standard agreement that addresses the terms and conditions essential to comply with the Federal Acquisition Regulation (“FAR”).

The newly released second edition of Federal Government Construction Contracts is ��ѻ��ý's primary guide for contractors competing for and performing such contracts. Given the American Recovery and Reinvestment Act, the adoption of new and challenging project delivery systems, and the numerous regulatory changes affecting contractors, their obligations and risks, a Second Edition was warranted.

As a result of the November election and Republican control of the House in the next session, the GOP is planning to utilize the oversight function of all standing Committees to seriously evaluate the Obama administration’s regulatory agenda.  

Senate and House Republicans took two different approaches this week on banning earmarks. While Senate Republicans passed a nonbinding resolution to not request earmarks, House Republicans approved a rule change that would ban the insertion of earmarks in legislation for the 112th Congress. Under the new rules passed by House leaders, Democrats must also adhere to the ban.

LEED Gold certification, the the U.S. Green Building Council's Leadership in Energy and Environmental Design program's second highest rating, is becoming the new standard for all federal building projects. This is one level up from the previous LEED Silver certification requirements.  GSA reports that more efficient government buildings can have a significant impact on the environment. To read more about the LEED system and GSA's green mission, click here.

On September 27, President Obama signed the Small Business Jobs & Credit Act of 2010, enacting numerous tax breaks for small businesses and several significant contracting reform provisions that will have a wide-reaching impact on federal contractors.

The Occupational Safety and Health Review Commission has upheld OSHA's multi-employer citation policyin a reversal of a decision the Commission made during the previous administration. Under the policy, OSHA inspectors may cite employers on multi-employer worksites for violations that do not expose their own workers to occupational hazards. For example, a general contractor who controls the worksite may be responsible for violations created by a subcontractor whose workers are exposed to safety or health hazards. In reaching its Aug. 19 decision,* the Commission agreed with an earlier decision by the Eighth Circuit Court of Appeals, which had rejected the Commission's previous contrary view that employers are only legally responsible for protecting the safety and health of their own workers. The case under consideration involved Summit Contractors Inc., a general contractor constructing an apartment complex in Lebanon, Pa., in 2005. An OSHA compliance officer cited Summit for a safety violation after observing workers of a subcontractor using electrical equipment that lacked ground fault circuit interrupters and which had been brought onto the worksite by Summit.For questions and comments, please contact Kevin Cannon at cannonk@agc.org.

On August 31, 2010, the U.S. Department of Labor’s Occupational Safety and Health Administration published interim final rules that will help protect workers who voice safety, health, and security concerns. The regulations, which establish procedures for handling worker retaliation complaints, allow filing by phone as well as in writing and filing in languages other than English.  To view the complete rule click here Federal Register.The regulations, which cover workers filing complaints in the railroad, public transit, commercial motor carrier, and consumer product industries, also create greater consistency among various OSHA complaint procedures. The interim final rules establish procedures and time frames for handling complaints under the whistleblower sections of the Implementing Recommendations of the 9/11 Commission Act of 2007 and the Consumer Product Safety Improvement Act of 2008.These regulations are effective immediately. Comments must be submitted by Nov. 1, 2010, and can be sent to www.regulations.gov, the Federal eRulemaking Portal, or by mail or fax.OSHA enforces the whistleblower provisions of the OSH Act and 18 other statutes protecting employees who report violations of various commercial motor carrier, airline, nuclear power, pipeline, environmental, railroad, public transportation, securities, and health care reform laws.  New fact sheets on these statutes and additional information will be available at http://www.whistleblowers.gov.For questions and comments, please contact Kevin Cannon at cannonk@agc.org.

Solicitations requiring bidders on certain U.S. Army Corps of Engineers (USACE) construction projects to submit an executed project labor agreement (PLA) prompted ��ѻ��ý to write and call agency officials expressing strong concern.  On August 18, the agency called ��ѻ��ý to announce that it was withdrawing the PLA requirement and to thank ��ѻ��ý for educating them on the issue.