OSHA’s Proposed Heat Injury and Illness Prevention Standard Continues to Move Forward
OSHA’s proposed heat injury and illness prevention standard is now open and has a 120-day comment period; the deadline to submit feedback will be Monday, December 30th. Per an OSHA staffer, there will also be a “robust public hearing, with a post-hearing comment period, and likely a period for post-hearing legal briefs” after the comment period, so there will be multiple opportunities to provide feedback to the agency. More information on the proposed rule, including a summary fact sheet and recorded OSHA presentation on the standard, is on the agency’s website. We are currently drafting comments to the standard with the Construction Industry Safety Coalition (CISC), and we have already received comments from the ASA membership.
What’s the value of a Technical Education in 2024?
As the price of four-year colleges balloons and the job market becomes increasingly unstable, a new batch of workers are going another route: technical school. Students enrolled in vocational-focused community colleges increased 16 percent from 2022 to 2023, according to the National Student Clearinghouse Research Center. Podcast.
Guests:
Jakub Prokop – director, Pinellas Technical college
Kathy Hughes – principal researcher, American Institutes for Research
Darnell Epps – founder and CEO, Thurgood Industries
The Federal Acquisition Regulation (FAR) Bans the Use of Reverse Auctions in Construction Services
On September 5th, the Department of Defense (DOD), the General Services Administration (GSA) and the National Aeronautics and Space Administration (NASA) announced their proposal to amend the Federal Acquisition Regulation (FAR) to implement a section of the Construction Consensus Improvement Act of 2021 that prohibits the use of reverse auctions for certain construction services, which ASA championed.Due to the complexities of federal construction projects, the procurement of construction services using the reverse auction, with sellers competing against one another by cutting prices during the open auction, method fails to consider construction’s unique mix of services and systems tailored to individual owner needs and budgets, site requirements and the changing composition of the project team, while products and commodities are manufactured with little or no variability.
The reverse auction process is not appropriate for construction because its bids are for a process rather than a manufactured product.The FAR is requiring a rulemaking to promulgate a definition of “complex, specialized, or substantial design and construction services”, which includes site planning and design; architectural and engineering services (as defined in 40 U.S.C. 1102); interior design; performance of substantial construction work for facility, infrastructure, and environmental restoration projects; and construction or substantial alteration of public buildings or public works. The statute prohibits the use of reverse auctions for such services having a value that exceeds the simplified acquisition threshold (SAT), which is $250,000.00.The proposed rule implements the prohibition against using reverse auctions for the procurement of complex, specialized, or substantial design and construction services, forcing contracting officers to comply with the statutory prohibition. While the statute does not prohibit the use of reverse auctions for the subject services at or below the SAT, a reverse auction may only be used if market research indicates it is appropriate.
The FAR identifies two types of procurements for which reverse auctions may not be used, regardless of dollar value: Procurements for the design and construction of a public building, facility or work using the two-phase design-build selection procedures authorized by 10 U.S.C. 3241 and 41 U.S.C. 3309, as implemented at FAR 36.104, may not be conducted using a reverse auction.
Procurements for architectural and engineering services subject to 40 U.S.C. chapter 11, commonly known as the Brooks Architect Engineer Act, may not be awarded using reverse auctions because reverse auctions do not comply with the qualifications-based selection processes required by statute and implemented at FAR subpart 36.6.
Written comments to the formation of this final rule are due on October 28, 2024
UPS Discounts!
UPS is now offering even more significant discounts on shipping services. New member savings include:
- Up to 65% off Next Day shipments
- 42% off Ground shipments
- Up to 65% off Exports
- Up to 50% off Imports
To begin benefiting from these newly available discounts for ASA members, log into ASAdvantage and up your savings!
September is Suicide Prevention Month
In its first year, the 988 Lifeline number answered nearly 5 million calls for help. The need is there. Below are some guides for those wanting to help.
#chatsafe: A Young Person’s Guide for Communicating Safely Online About Suicide (PDF | 6.7 MB)
Help a Friend in Need: A Facebook and Instagram Guide (PDF | 524 KB)
Learn about risk factors, warning signs and action steps you can take.
Seize the AwkwardWhat to Do if You’re Concerned About Your Teen’s Mental Health: A Conversation Guide (PDF | 617 KB)
