Construction Legislative Week in Review
www.agc.org June 2, 2016
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On the Inside
ENVIRONMENT
AGC Wins Big in Unanimous Supreme Court Decision on Clean Water Act Jurisdictional Determinations
SMALL BUSINESS
Final Rule Standardizes Small Business Self-Performance Requirements
TRANSPORTATION
AGC Webinar Explains Mileage-Based User Fee
ENVIRONMENT
AGC Wins Big in Unanimous Supreme Court Decision on Clean Water Act Jurisdictional Determinations
 

The U.S. Supreme Court issued a ruling that will allow landowners to challenge a U.S. Army Corps of Engineers determination that a jurisdictional “Waters of the U.S.” (WOTUS) is present on property where they want to build.  A “jurisdictional determination” significantly impacts how land may be used, dramatically raises costs, and often reduces the feasibility of constructing critical infrastructure. AGC submitted a joint “friend of the court” brief in the case, US Army Corps of Engineers v. Hawkes Co., making a strong case for why it is vital for contractors to know with certainty whether their property contains a WOTUS. The Court’s findings closely track the points AGC argued in its joint amicus briefAGC was the only trade association to advance the commercial construction industry’s interest in the outcome of this case and, once again, AGC has succeeded in changing facts on the ground. This decision will have a material impact on the way that the Section 404 permit program actually functions.

Read More Here.

For more information, please contact Leah Pilconis at pilconisl@agc.org. Return to Top

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SMALL BUSINESS
Final Rule Standardizes Small Business Self-Performance Requirements
Makes Several AGC-Recommended Revisions to Proposed Rule
 

A new rule by the Small Business Administration makes several changes to small business contracting regulations. These changes, set to go into effect June 30, are aimed at increasing small-business competition and enabling small businesses to potentially obtain larger contracts without increasing compliance costs.  In April, AGC submitted comments on the proposed rule.

Notably, the rule standardizes subcontracting limits for small-business set-aside contracts under $150,000 by limiting the percentage of a contract award that can be spent on subcontractors. For general construction contracts, no more than 85 percent of the contract award may be paid to subcontractors, and for specialty trade construction, the percentage must not be greater than 75 percent. This subcontracting limit will specifically exclude subcontractors that are “similarly situated” to small-business prime contractors as long as the subcontractors perform the subcontracted work and do not pass it along to a larger, secondary subcontractor.

The rule also allows a joint venture to qualify as a small business and compete for government contracts as long as each individual entity in the joint venture qualifies individually as a small business under the NAICS code assigned to the procurement. 

For more information, please contact Brynn Huneke at brynn.huneke@agc.org or (703) 837-5376. Return to Top

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TRANSPORTATION
AGC Webinar Explains Mileage-Based User Fee
 

AGC is hosting a free webinar on June 21 from 1:30-3:00 PM EDT to explain how mileage-based user fees can be used as a next generation revenue source for funding highway and bridge improvement projects at the federal and state levels. The recently enacted FAST Act included $95 million in grant funding for states to use for pilot programs to test implementation of alternative user fee systems. Since the gas tax user fee has become a less reliable funding source because of more fuel efficient vehicles, use of alternative fuels, and the political difficulties of increasing the fee, transportation advocates have been looking for other revenue sources.

This free AGC webinar will feature experts who will discuss using a mileage-based user fee to fund future transportation construction projects, state pilot programs to test the concept and federal grant funds available to support the pilots.

Members and chapters are encouraged to participate and to invite state and local DPT officials to join in as well.

For more information, please contact Brian Deery at deeryb@agc.org or (703) 837-5319. Return to Top

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