February 2005 Govt. Affairs update. II

 

IN THIS ISSUE …

 

1.         President’s Budget News

2.         Law curbs outsourcing of state contract work

3.         National Surveyors’ Week Recognition

4.         COFPAES Letter to GSA

5.         Real ID Act

6.         GAO Bid Protest Rule

7.         PAC Auction

 

President’s Budget News

The President recently released the budget for Fiscal Year 2006. Though many programs in the Federal government were cut, funding for several programs important to the surveying community remained steady, or, in some cases, increased. Some examples are:

 

FEMA Flood Map Modernization Fund Steady – Once again, the President’s Budget calls for $200 million to go to the Flood Map Modernization fund. This is the same amount he called for last year.

 

National Flood Insurance Fund Rose – The President’s proposed budget increases funding for the National Flood Insurance Fund by $160 million to $2.203 billion.

 

National Mapping Program increased to $139 million – The budget calls for more money to go to the National Map Program. The Budget noted that the USGS has taken steps to improve the Cooperative Topographic program, but it still has room for improvement in the Land Remote Sensing (LRS) component. LRS has been able to make remote sensing imagery and data more accessible to researchers but has not had much success improving the use of imagery by land managers.

 

A full analysis of the budget will appear in an upcoming issue of the Bulletin.

 

Illinois law curbs outsourcing of state contract work

Companies that want to do business with the state of Illinois will soon have to disclose how much of the work would be done overseas.

Under a law signed by Gov. Rod Blagojevich recently, firms bidding on state contracts have to report any outsourcing plans they have for the work. The state can then use that information to decide which companies get contracts.

If businesses are found to be outsourcing more than they said they would, the state gets the power to end the contracts.

The law takes effect July 1.

 

 

National Surveyors’ Week Recognition

ACSM was recently informed that Department of Interior Secretary Gale Norton will send a letter recognizing National Surveyors’ Week this year. We requested a Presidential Proclamation from the White House, but were told that the President only approves 10% of the thousands of requests made each year. The vast majority of proclamations are made pursuant to national holidays or acts of Congress. However, a letter of recognition from Secretary Norton is a significant step towards greater recognition of National Surveyors’ Week by the federal government.

 

COFPAES Letter to GSA

COFPAES recently sent a letter to Stephen Perry, Administrator for General Services Administration advocating the Qualifications Based Selection (QBS) process for the procurement of professional architectural, engineering (A/E) and related services, such as surveying and mapping services, for public projects. COFPAES is concerned that federal agencies have been circumventing the QBS process for other, less time consuming selection methods. Additionally, COFPAES voiced its disappointment that GSA has been slow to implement a policing and enforcement system to prevent federal agencies from using selection methods other than QBS

 

 

H.R. 418, the Real ID Act of 2005

A bill, sponsored by Rep. Sensenbrenner (R-WI) and passed by the House of Representatives, would amend the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) to authorize the Secretary of Homeland Security , in the Secretary's sole discretion, to waive all laws as necessary to ensure expeditious construction of certain barriers and roads at the U.S. border and would prohibit courts, administrative agencies, and other entities from reviewing the Secretary's decision or from ordering relief for damages alleged to have resulted from such decision.

 

H.R.418, the REAL ID Act of 2005, as engrossed as agreed to and passed by the House, includes the following provision --

SEC. 102. WAIVER OF LAWS NECESSARY FOR IMPROVEMENT OF BARRIERS AT BORDERS.

Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1103 note) is amended to read as follows:

`(c) Waiver-`(1) IN GENERAL- Notwithstanding any other provision of law, the Secretary of Homeland Security shall have the authority to waive, and shall waive, all laws such Secretary, in such Secretary's sole discretion, determines necessary to ensure expeditious construction of the barriers and roads under this section.

`(2) NO JUDICIAL REVIEW- Notwithstanding any other provision of law (statutory or nonstatutory), no court, administrative agency, or other entity shall have jurisdiction --
`(A) to hear any cause or claim arising from any action undertaken, or any decision made, by the Secretary of Homeland Security pursuant to paragraph (1); or

`(B) to order compensatory, declaratory, injunctive, equitable, or any other relief for damage alleged to arise from any such action or decision.'.

 

We will continue to monitor this piece of legislation and will discuss it in future updates.

GAO Bid Protest Rule

A proposed rule was recently issued by the Government Accounting Office (GAO) regarding Bid Protest Regulations for Government Contracts. The new proposed rule contains a provision that amends the Competition in Contracts Act (CICA) to grant standing, as an interested party, to the Federal Agency Tender Official to file protests with the GAO in public-private competitions, involving 65 or more full-time equivalent Federal employees, which are conducted under the Office of Management Budget Circular A-76. This is important because it gives the private sector the opportunity to file protests through a designated representative. Additionally, it adds a degree of fairness to public-private competitions.

 

PAC Auction

Donations are desperately needed for our PAC Auction at the conference in Las Vegas. The auction will take place on Sunday, March 20. The PAC has been very active over the past few years and that activity has allowed ACSM to build strong relationships with several key and influential Members of Congress. The PAC Auction is the main way we build up the PAC funds. Unlike other organizations, we don’t make phone calls to members to solicit monetary donations, so at this very important fundraising opportunity, your donations --- and participation in the auction --- are greatly appreciated.