Via AGC America, here is an interesting radio segment about a new Federal Acquisition Regulation that requires the greening of the federal procurement process. Is there any better way to spend a sunny Thursday afternoon than listening to Federal News Radio? I think not!
King County Executive Dow Constantine has issued an executive order with the intent of simplifying County procurement. Download file
Mike Purdy's timely and useful summary of the ins and outs of the Washington State public works retainage law, recently revised by SHB 1555, is available here in this post to his public contracting blog.
I read a fair number of construction - related websites and blogs, and many of them are pretty awful (present blog excluded). But here's one I quickly bookmarked for regular visits -- well written, thorough and concise coverage of federal government contract issues.
The 2007 legislation on "supplemental bidder responsibility" (RCW 39.04.250) is getting a lot of attention across the industry. If you'd like an overview of some key issues, please check out the attached presentation we made recently to a workshop organized by APWA-WA and MRSC. Download file
Puzzled by the Buy American clauses in the new federal stimulus act? Or just curious? Here's an excellent run down written by DWT's Craig Gannett.
In case you want to catch up on some developments in the past year or so, check out the attached Powerpoint talk which was presented today to a group of PUD & municipal lawyers.
We covered recent legislative innovations (i.e., the modifications to the GC/CM statute & the fairly new Bidder Responsibility statute) as well as some notice cases in the Mike Johnson genre.
The presentation also covers some recurring owner liability issues (i.e, Spearin, differing site conditions, acceleration, inconclusive change orders, etc) and what you can do about them to limit risk.
The Kilo Wharf, Guam project presses on. Recently, the United States Court of Federal Claims lifted an injunction and upheld the Navy's award to the joint venture of Japanese and U.S. construction firms. Watts-Healy Tibbitts v. United States and IBC/TOA Corporation, No. 08-261C. Months earlier the Court had enjoined the contract award; the Court originally held that the Navy contracting officer acted arbitrarily in finding the Japanese firm as "responsible" despite suspension and fines for bid rigging in Japan and failure to disclose this in the bid certification. The Court at that time ordered a new responsibility determination at the "flag officer or presidential appointee level." The Navy conducted a new review and found that joint venture to be responsible. On the next round of review, the Court lifted the injunction and held that although the Court did not agree with the Navy's decision on its new responsibility determination, it would defer to the agency. Foreign and U.S. companies will need to work together to perform projects during the massive Guam build up by the U.S. and Japanese governments. The Watts-Healy Tibbitts case provides insight to one of many issues that U.S. and foreign partners might face.
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