ACSM
Government Affairs Update
May 23,
2002
Recap of Government Affairs Committee Meeting, April 20,
2002
John Matonich announced the hiring of a Government Affairs
Consultant (GAC). Laurence Socci, partner with The C. L. A. Group, LLC is the
new ACSM GAC to the Committee. Laurence provided an overview of The C. L. A.
Group and his three goals for the rest of the year for ACSM:
1. To make ACSM more visible on
Capitol Hill;
2. To help increase ACSM
membership;
3. Expand and grow the ACSM PAC.
Appalachian
Trail Project: Ed McKay reported that we made progress with the National
Park Service. Recommendation was made that ACSM formally reply to the National
Park Service.
FEMA: Wendy Lathrop reported that the draft document is now a
final product. The document is only available from the FEMA web page. Wendy
also reported that the costs of the paper maps will increase. Gary Thompson
provided an update on the North Carolina mapping Program and the LOMA/LOMR
North Carolina Society of Surveyors pilot Project.
National
Map: The project continues to evolve. The latest issue of the
ACSM Bulletin contains and article on the National Map. ACSM will continue to
monitor to project.
HUD Form: The
Committee reviewed the HUD home inspection form. The Committee would like to pursue
the creation of a HUD survey form.
National
Height Modernization System: Gary Thompson provided a report on the status of
the NHMS project in North Carolina. Three other states (California, Louisiana
and Wisconsin) have received funding for NHMS projects.
Miscellaneous
Items: The Committee reviewed bills that have been introduced
that might affect ACSM members. Laurence Socci will review these bills and
report his findings to Curt Sumner. Ed McKAy provided a brief report on
E-Government.
Federal Prison Industries (FPI) Competition in Contracting
Act of 2001. H.R. 1577
Bill Sponsor --- Rep. Peter Hoekstra (R. MI)
We had a victory two weeks ago, when this bill made it out
of the Judiciary Committee markup session with no harmful amendments added to
it. After we heard rumors that amendments would be introduced which would
expand FPI and allow it to provide products and services in the commercial
market, we lobbied heavily to keep the bill as it was. Your phone calls and
letters to Congress worked. The Judiciary Committee heard your concerns and
left the bill intact with no amendments.
Under the bill’s provisions, federal agencies are required
to solicit from FPI an offer for the purchase of a product or service FPI is
authorized to provide, if the price is expected to exceed the micro-purchase
threshold.
The resulting contracting must be awarded competitively unless a determination is
made by the attorney general that FPI cannot reasonably expect to win the
contract on a competitive basis and the contract is necessary to maintain work
opportunities otherwise unavailable at the penal or correctional facility at
which the contract is to be performed to prevent circumstances that could
reasonably be expected to endanger the safe and effective administration of the
facility.
However, the contract must be awarded to FPI if the
contracting officer determines that FPI’s product or service meets the
requirements of the procuring activity in terms of quality or performance,
delivery and cost.
On April 24, the bill picked up four more co-sponsors:
Representatives Stenholm, Oxley, Dingell and Conyers, bringing its total to 131
co-sponsors. Assuming this bill passes the full House or Representatives, it
will probably be added into the Senate Department of Defense Appropriations
bill when it comes up for a vote in a few weeks.
Truthfulness, Responsibility, and Accountability in
Contracting Act (TRAC),
H.R. 721, S. 1152
House Bill Sponsor --- Rep. Albert Wynn (D. MD)
Senate Bill Sponsor --- Senator Dick Durbin (D. IL)
The TRAC bill would suspend award of new service contracts
until a system is established to track outsourcing costs. The bill also would
subject work performed by contractors to the “same level of public-private
competition as that experienced by federal employees.” Federal employee groups contend that the
benefits of contracting out have been overstated. The Bush Administration
contends that competition results in lower costs. Those opposing the legislation
say that it would bring services contracting to a halt and effectively shut
down the government.
The House bill was sent to the House Government Reform
Technology and Procurement Policy Subcommittee. Rep. Tom Davis (R. VA),
chairman of the subcommittee has vowed that TRAC will “never see the light of
day.” The companion Senate bill was sent to the Government Affairs Committee,
where a March 6 hearing was held on it. There has been no change on the Senate
bill since it was introduced last year.
The bill stands a better chance of being voted on in the
Senate than in the House. But it is still a long shot that the bill will in its
current form be approved by the committee or pass in the Senate.
The Bush Administration opposes TRAC, and is standing firm
that federal agencies must compete or direct convert 5% of FAIR Act commercial
jobs in 2002 and another 10% in 2003.
Services Acquisition Reform Act of 2002 (SARA) H.R.
3832
Bill Sponsor – Rep. Tom Davis (R. VA)
Official Title: To make improvements with respect to the
procurement of services for the Federal Government, and for other purposes.
Among other things, this bill requires the Administrator of
the Office of Federal Procurement Policy to develop and implement a plan to
assure that the Federal Government maintains a core in-house architectural and
engineering capability to determine each agency’s need for services. It also
requires that architectural and engineering services (including surveying and
mapping services) be done by or performed under the supervision of a
professional.
It also provides a Federal acquisition preference for, and
incentives for the use of performance
based contracts. (As opposed to a bid based contract.)
Section 224 of the bill, relating to Architectural and
Engineering Services adds the terms “surveying and mapping” to the existing
Federal Property and Administrative Services Act (it is not included now). It
defines ‘surveying and mapping’ as the “collecting, storing, retrieving, or
disseminating of graphical or digital data depicting natural or manmade physical
features, phenomena, or boundaries of the earth and any information related
thereto, including but not limited to surveys, maps, charts, geographic
information systems, remote sensing data and images, and aerial photographic
services performed by professionals such as surveyors, photogrammetrists,
hydrographers, geodesists, or cartographers.”
Contractor Responsibility Act (Blacklisting Bill) H.R.
4081
Bill Sponsor: Rep. Albert Wynn (D. MD)
This bill would require a business to have a “satisfactory
record of integrity and business ethics” in order to be eligible to receive a
federal contract. Compliance with tax, labor, civil rights, antitrust, and
consumer protection laws must be shown. The bill is similar to the contractor
responsibility or “blacklisting” rule introduced by the Clinton administration,
but rescinded by President Bush in December 2001. We strongly oppose this bill.
No similar bill has been introduced in the Senate. In the
House, it was referred to the Government Reform and Armed Services Committees.
It is unlikely that the bill will get out of the Republican controlled
committees.
FEMA Update
As a reminder, FEMA published Requests for Comments on the
applications for Letters of Map Amendment and Letters of map Revision for
multiple lots. The deadline for comments on the MT-1 forms is 60 days from
March 26 (May 25), and for the MT-2 forms, 60 days from March 22 (May 21). See
Government Affairs Update No. 103 for contact and address to send comments.
The Bush Administration has proposed $300 million in the
2003 budget to update the FEMA Flood Hazard Maps. We will be lobbying Congress
to make sure that the money proposed is not taken out or cut.
Update --- Proposed Standard Form 330, Architect – Engineer
Qualifications
As noted in other Government Affairs Updates, SF 330 will
replace the current SFs 254 and 255. The form expands essential information,
eliminates redundant and marginal information, and reflects current A/E
disciplines and experiences. Part I presents contract specific qualifications,
and Part II general qualifications.
The ad hoc committee that developed the form is now
cataloging and evaluating the extensive comments on this form. The ad hoc
committee estimates that its work will take until August 2002 to complete. Then
the revised form must be staffed through the appropriate Federal Acquisition
Regulation (FAR) committees, the FAR Secretariat, and the OMB before it is
published as a final rule. By the time all of the review is complete, SF 330
will not replace SFs 254 and 255 until approximately August, 2003. Until then,
continue to use SF 254 and 255.
ACSM/NSPS PAC Auction
I’ve saved the best news for last. The ACSM/NSPS PAC
Auction, held April 20 brought in over $8,000! Thank you for your generosity
and support. The money will be used to assist Members of Congress on Capitol
Hill who support our issues. The attendance at the auction was high, and
auctioneer Joe Dolan did an excellent job. A hearty thank you also goes out to
ACSM staff who worked very hard to put it together, and to the kind people who
donated gifts to the auction. Thank you.