December 2005 Government Affairs Update

 

IN THIS ISSUE …

 

1. Surveying and mapping STILL covered under the Brooks Act (Special Report)

2. Status of National Surveyor’s Week Resolution

3. National Flood Mapping Act of 2005

4. Congressional letter regarding sending critical infrastructure data offshore

 

Surveying and mapping are STILL covered under the Brooks Act (Special Report)

There has been concern throughout the surveying community about an e-mail that originated from the AIA which claims that surveying and mapping are no longer covered under the Brooks Act. This statement is not true. ACSM wrote a response clarifying the issue. It’s included here for your reference:

 

An e-mail originating from AIA claimed that “the federal government body that sets policy on procurement ruled that mapping and surveying professionals do not fall under the Brooks Act, the federal QBS law.” THIS STATEMENT IS NOT ACCURATE. Surveying continues to be covered by the Brooks Act. Mapping is covered under certain situations, but not all.

 

The e-mail is based upon a Federal Register Notice from April, written by Julia Wise, Director, Contract Policy Division which analyzes whether mapping services fall under the Brooks Act. The Notice lays out what the Federal Acquisition Regulation says about the procurement of surveying and mapping services by the Federal government. The FAR states, as follows:

 

Surveying is considered to be an architectural and engineering service

and shall be procured pursuant to section 36.601 from registered surveyors

or architects and engineers. Mapping associated with research, planning,

development, design, construction, or alteration of real property is

considered to be an architectural and engineering service and is to be

procured pursuant to section 36.601. However, mapping services that are

not connected to traditionally understood or accepted architectural and

engineering activities, are not incidental to such architectural and

engineering activities or have not in themselves traditionally been considered

architectural and engineering services shall be procured pursuant to

provisions in Parts 13, 14 and 15. FAR Section 36.60-4(a) (4).

 

The Brooks Act (40 USC 1101 et. seq.) defines surveying and mapping as “incidental” to A/E services.

 

The relevant section of the Brooks Act reads:

The term “architectural and engineering services” means:

(c) such other professional services of an architectural or engineering nature or incidental services, which members of the architectural or engineering professions (and individuals in their employ) may legally or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soil engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.

 

Additionally, the Brooks Act still requires that the federal government use qualification based selection (QBS) when purchasing A/E related services, including surveying and mapping.

 

The confusion comes because arguments presented in the Federal Register notice differ with regard to  whether all “mapping services” fall under the Brooks Act.  In the end, the Councils that issued the notice conclude that FAR Part 36 should NOT be revised, and that contracting officers should resolve the question of whether or not a specific procurement of mapping services comes within the scope of the Brooks Act.

 

Status of National Surveyor’s Week Resolution

As many of you know, a resolution was introduced in the House of Representatives honoring surveyors by recognizing National Surveyor’s Week. The resolution, H. Res. 518 can be found at http://thomas.loc.gov and doing a search for H. Res. 518 or “surveyors week”. Representative Adam Putnam of Florida is sponsoring the legislation and his office recently informed ACSM that the resolution will most likely be considered in the House in early February 2006 and will probably be considered under suspension. This means that a request will be made to suspend the normal rules and pass the measure. A suspension is usually used for non-controversial measures, like this resolution. It only requires 2/3 of the members present to vote for the measure.

The bill has yet to be introduced in the Senate, however, Senators George Allen of Virginia and Ted Stevens of Alaska have agreed to sponsor the bill.

 

National Flood Mapping Act of 2005

In November, Senator Jack Reed of Rhode Island introduced S. 2005, the National Flood Mapping Act of 2005. The legislation benefits surveyors in a number of ways. It makes a number of technical changes to the National Flood Insurance Act of 1968 (42 U.S.C. 4101) such as requiring that the federal government work with state and local mapping partners to (a) establish, update, and maintain flood-risk zone data and (b) make estimates with respect to the rates of loss caused by floods in flood risk zones. It also calls for the mapping of flood hazard zones and flood risk zones, as well as a review and update of maps in coastal areas.

 

Additionally, the legislation calls for the Under Secretary for Emergency Preparedness and Response to review, update and maintain National Flood Insurance Program rate maps. Each map updated shall include a depiction of the 500 year floodplain and areas that could be inundated as a result of the failure of a levee or failure of a dam.

Finally, the legislation requires that when updating and maintaining maps, the Under Secretary has the responsibility of ensuring that maps are adequate for flood risk determinations and use by state and local governments in managing and development to reduce the risk of flooding.

 

The bill authorizes $400,000,000 each year from 2006 through 2012 for the carrying out of the legislation.

 

Congressional letter regarding sending critical infrastructure data offshore

Representative Rob Andrews is currently circulating a letter through the House of Representatives which calls on the Secretary of the Department of Homeland Security to do a study regarding the harm in sending critical infrastructure data offshore.

In the letter, Rep. Andrews discusses his concern that access to drawings, mapping data and other work products of the design community can be used for “nefarious and destructive purposes” if in the wrong hands.  He discusses how the practice of sending sensitive data to places like India and Pakistan raises issues regarding access to data about the location of power plants (including nuclear), pipelines, water supply systems, underground utilities, subway systems, and other critical infrastructure by individuals in foreign countries who have not been through any degree of security clearance and where control of access to data simply does not exist.

Rep. Andrews is calling on other Members of Congress to sign on to his letter, and ACSM has been helping his office with this issue.

 

PAC Auction Reminder

As you know, 2006 is an election year; and as such, our PAC will be very active throughout the coming year in supporting our friends in Congress who have helped us on our many issues. We also have several issue related battles that we need to fight this coming year. In order for us to win these battles, we need a strong PAC. In order for us to have a strong PAC, we need your support. It is not too early to start making donations to the PAC Auction in Orlando this year. Information and donation sheets can be obtained from Trish Milburn at Trisha.Milburn@acsm.net. Remember, if bit of support helps and is appreciated.