The National MCAA Update

Volume 5, Number 29, July 17, 2000

Legislative Affairs Update: MCAA Member Urges Congress to Pass Bid Listing Legislation - MCAA member John J. Dunleavy, Executive Vice President, Pierce Associates, Inc., Alexandria, VA, testified on July 13 before a House Government Reform subcommittee in support of federal bid listing legislation (H.R. 4012). Representing MCAA and the Mechanical-Electrical-Sheet Metal Alliance, Dunleavy testified that, "By effectively stemming the parallel abusive business practices of bid shopping and bid peddling-both universally condemned by leading industry groups-the bill would bring many more quality construction firms back into competition in the Federal market. The act would also lead to project performance based on best-value performance contracting, rather than adversarial buying-the-job practices." If enacted, the bill would require contractors to list subcontractors performing at least $100,000 worth of work on Federal construction contracts worth more than $1 million, and permit for-cause subcontractor substitution only. Dunleavy's testimony and a press release on the hearing are posted at http://www.constructionalliance.org/.. . . Estate Tax Repeal Legislation Passes The Senate - On July 14, the Senate passed legislation (H.R. 8) that would phase out the federal estate tax over the next 10 years. President Clinton has promised to veto the bill. While H.R. 8 passed the House of Representatives on June 9 by a veto-proof margin of 279-136, the Senate vote (59-39) falls short of the two-thirds necessary to override a veto. In the Senate, nine Democrats crossed party lines to vote for the bill, while four Republicans broke ranks to vote "no."

Regulatory Affairs Update:Prevailing Wage Standards Return to EPA Clean Water Projects - Beginning January 1, 2001, the U.S. Environmental Protection Agency (EPA) will require states to pay prevailing wage standards as a condition of all capitalization grant agreements for federally authorized Clean Water Act revolving loan construction projects, according to a proposed settlement between EPA and the Building and Construction Trades Department. The proposed settlement has been published in the Federal Register for comment . . .

New Wage Survey Form Gets 2 Thumbs Up from MCAA, the Alliance - MCAA and the Alliance issued a statement last week positively evaluating the new computer-scannable wage survey form (WD-10) developed by the Department of Labor's Wage and Hour Division. The Alliance supports generally the Wage and Hour Division's re-engineering plans as a way to address timeliness and accuracy issues in Davis-Bacon Act administration, rather than Bureau of Labor Standards pilot experiments that don't adhere to the statute or the regulations.

Safety Report: OSHA's Use of Contractors in Ergonomics Rulemaking Hearings Questioned - U.S. Rep. David McIntosh (R-IN) wants to investigate the Occupational Safety and Health Administration's (OSHA) use of 28 contracted consultants as expert witnesses in the ergonomics rulemaking process. Although the practice of using contracted consultants for that purpose is allowed, federal guidelines require agencies to ensure the objectivity of the witnesses' testimony. Rep. McIntosh wants the investigation because contractor documents reveal that OSHA gave contractors outlines to use in preparing their statements, extensively edited their testimonies, allowed witnesses to read other statements before drafting their testimonies, rehearsed witnesses and took other actions that compromised the objectivity of the statements. He has requested the Justice Department's legal opinion on the propriety of these practices as part of the Department of Labor's rulemaking processes.

IPM Scores Another Hit - If you've been thinking about signing up an employee for the next Institute for Project Management course, the 29th class is completely sold out. We're now accepting applications for class No. 30, scheduled for November 4 - 8, 2001 (Part I) and January 6 - 10, 2002 (2). Since 1987, this highly regarded and very popular MCAA education program for project managers continues to provide a curriculum that presents systematic strategies for attaining more profitable projects. Available space in class No. 30 is going fast, so call us today about enrolling. For more information and/or an application, contact Beth Miller.

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