March 2003 Government Affairs Update
From Capitol Hill
Getting
An ACSM Member in the Dept. of Homeland Security. On Friday, March 14,
Laurence Socci, Curt Sumner and David Holland met with staff from the offices
of Senator Kay Bailey Hutchison, Senator Ted Stevens and Senator Wayne Allard
to discuss the possible introduction of legislation similar to the Allard GIS
amendment which was introduced last year. At the same time, we introduced the
staff to David Holland, ACSM member and surveyor for Henrico County VA as the
person to fill the position discussed in the Allard GIS amendment. On March 19,
Laurence Socci and David Holland met with staff from the offices of Rep.
Christopher Cox, the Chairman of the House Homeland Security Committee, Rep.
Eric Cantor, who represents Henrico County, VA, and Rep. Tom Davis, Chairman of
the House Government Reform committee. The meetings went well and all
Congressional staffers were receptive and understood our need for the meetings.
We are going to continue to work on this issue.
Congressional
Bills.
H.R. 1218, introduced by Rep. Albert Wynn on March 11,
2003. The bill is entitled the Subcontractor
Protection Act. The purpose of the bill is to amend the Small Business Act
to provide a penalty for the failure of a federal contractor to subcontract
with small businesses as described in its subcontracting plan. The bill
provides that the federal agency awarding a contract shall include in the
contract a clause providing for the withholding of not less than (1) $5,000 in
the case of a contract in the amount of $100,000 or less, (2) 3% of the
contract amount in the case of a contract in the amount of more than $100,000 and less than $5million,
(3) 5% of the contract amount in the case of a contract in the amount of $5 million
or more if the contractor does not achieve the percentage goal for the
utilization of small business concerns owned and controlled by socially and
economically disadvantaged individuals as set forth in the subcontracting plan.
H.R. 958, introduced by Rep.
Don Young of Alaska on February 27, 2003. This bill is entitled the Hydrographic Services Amendments of 2003.
The purpose of the bill is to authorize certain hydrographic services. The bill
provides that not later than 6 months after the date of enactment of the Act,
the administrator of NOAA shall submit to the Congress a plan for increasing
contracting with the private sector for photogrammetric, remote sensing, and
other geospatial reference services related to hydrographic data acquisition or
hydrographic services activities performed by the National Ocean Service. In
preparing the plan, the administrator shall consult with private sector
entities knowledgeable in photogrammetry and remote sensing. The plan will also
include an assessment of which geospatial reference services are necessary;
evaluation of the relative cost-effectiveness of the federal government and
private sector entities in performing those activities; and a strategy for the
utilization of the private sector in carrying out the plan.
S. 237, introduced by
Senator Lindsey Graham of South Carolina on January 29, 2003. The bill amends
the Fair Labor Standards Act of 1938 to clarify the exemption from the minimum
wage and overtime compensation requirements of that Act for certain construction,
engineering and design professionals. It will add to the list of professions
not subject to the minimum wage and overtime compensation requirements, people
who perform consulting services that relate to the preliminary or conceptual
design and development, design, bidding, construction, and post construction
phases of engineering, architecture, landscape architecture, land and
hydrographic surveying, land use planning, natural, environmental, and earth
sciences and construction technology.
Federal Agencies
FEMA Flood Map Modernization
There
was a recent FEMA Flood Map Modernization Coalition meeting with Bob Shea and
other FEMA personnel. Here are some highlights from that meeting.
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FEMA will announce the RFP for flood map modernization soon, they don't know
exact date.
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They have not resolved which maps will get done. (This tells me that they don't
plan on doing ALL maps).
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Factors to be considered when deciding which maps will be done are: population
of community, growth projection, repetitive loss and cost sharing.
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There was discussion about FEMA's integration into the Dept. of Homeland
Security. It won't be business as usual for FEMA because DHS has an entirely
different mission than FEMA. FEMA will need to be more proactive.
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Discussion of FY 04 budget, now FEMA is under a completely different
Congressional subcommittee. This means that the flood map coalition will have
to reeducate a new group of Members of Congress.
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On Tuesday, April 1 there will be a Financial Services Committee Hearing on
flood maps. Also, the GAO is doing a repetitive loss study, which we should
hear about soon.
USGS Coalition
The USGS Coalition had another meeting recently. ACSM is not
an “official” member of the coalition yet, but Laurence Socci has been
attending organizing meetings to get a feel for what the coalition hopes to
accomplish in the future. During the last meeting, the first order of business
was to discuss the letter of invitation that will go out to prospective charter
members of the coalition.
Another goal of the last meeting was to establish a prioritized list of
coalition activities. Drawing from the list developed at previous meetings and
adding some new items, we established the following priorities:
Dear Colleague Letter. The organizing committee will seek to identify potential
co-sponsors of a Dear Colleague letter in the House and Senate to appropriators
regarding USGS. Possible leaders include those with major USGS facilities in
their district, key oversight committee assignments, those who have circulated
previous Dear Colleague letters those with a longstanding interest in the
Survey.
One-pager describing coalition and the challenges faced by USGS, including
graphs showing budgetary erosion. Draft due at late-March meeting so available
to accompany Hill introduction letter and other coalition activities.
The coalition will work on a press statement announcing the
coalition; to be distributed either through development of master list or
through individual releases by coalition members.
In conjunction with the coalition rollout, small groups will
meet with key congressional staff and federal officials in the White House and
Interior then report back to the group on their visits. To influence the FY
2005 budget process, executive-branch visits need to take place by mid-May.
The coalition will seek to establish a regular monthly time for future meetings
where Washington staff of coalition member organizations can share information
and plan future coalition activities.
COFPAES
Laurence Socci attended that latest COFPAES meeting.
Highlights of the meeting include:
Focus
Group Session on QBS
A
proposal was raised to have a COFPAES sponsored focus group session on QBS. The
format would consist of a question and answer session with several contracting
representatives from federal agencies. The session should last no more than
four hours.
The discussion will be moderated by Dell Palmer, a person
selected by John Palatiello because of his experience in the federal
contracting business and his neutrality in not being associated with any
members of COFPAES.
The
goal of the focus group will be to assess the effectiveness of the current A/E
selection and contracting process and develop ideas for improvements where they
are needed.
In other
news, dues notices went out for dues already. COFPAES members are still working
on bringing in new members. Brochures will be sent to ACSM, hopefully we can
distribute them at the Phoenix meeting. The Spring COFPAES Meeting is set for
April 30. We are trying to get speakers to attend. Any suggestions?
ACSM PAC Auction
The
Phoenix conference is just about here. There is still time to make
contributions to the auction and your help is appreciated. Our contributions
from last year are starting to pay off, as we were recently granted meeting
with the staff of Senator Ted Stevens, Senator Wayne Allard and Representative
Tom Davis. ACSM contributed to all of their campaigns. See you in Phoenix.