Month In Review
Vol. XXV, Number 31
September 24, 2004

1015 15th Street, NW
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Washington, DC 20005-2605
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www.acec.org

E-mail acec@acec.org
Alan D. Crockett, Director, PR
Ann Brandstadter,
Editor/Designer

ACEC Means
Business

On-site Seminars

Business of Design Consulting
October 20-23   8am-5pm daily
Chicago, Illinois

This intensive program provides up-and-coming design firm leaders with an in-depth look at eight important management areas: marketing, financial management, HR, leadership, communications, risk management, IT and project management.

Members: $1,295
Non-members: $1,495

Visit www.acec.org/education for more information and to register.

ACEC Professional Forums: Human Resources, Information Technology and Sales & Marketing
October 21       Chicago, IL

These day-long Professional Forums are structured for networking and problem solving in an interactive roundtable format.

Forum attendees continue their communication via listserv.

Members: $395
Non-members: $445

For more information and to register visit www.acec.org/education.

Upcoming Online Seminars

October 6
Creating Client Loyalty in a Commodity World,
Edward Bond, Jr.

In this interactive session, principals and project leaders examine the vital impact loyal relationships can have on a firm's bottom line.

Session leader Ed Bond will share proven strategies implemented in his firm to strengthen client relations and boost profits.

October 13
Developing Persuasive Proposals, Clare Ross

The key to getting new business in the consulting engineering industry is presenting a proposal that leaves no doubt your firm is the right firm for the job.

Clare Ross, an A/E marketing and management consultant, will detail exactly what makes a proposal persuasive and how to win new business.

Online seminars are held Wednesdays
1:30pm–3:00pm EDT.

To register, or for more information, visit www.acec.org/education
or contact Andrew Fort
at afort@acec.org or
202-347-7474.

 
House/Senate Leaders Pursue TEA-21 Compromise; Another Extension Now Likely

House and Senate Republicans are now focusing their efforts on trying to pass a $299 billion reauthorization bill, including $284 billion in guaranteed funding for the next six years. This figure has the apparent endorsement of the Bush Administration and is a dramatic increase from the President's initial proposal of $256 billion.

House Majority Leader Tom DeLay (R-TX) told reporters this week that "it's obvious we're going to have to compromise based on the money that's available." But donor states and Senate Democrats, who have been seeking a higher figure, have not yet accepted the $284 billion level.

In the meantime, some of the Senate TEA-21 conference committee leaders introduced a bill on September 21 to extend the overall program—which expires September 30—until March 31, 2005, to ensure ongoing appropriations if an agreement can't be reached this week.

ACEC is fighting to obtain a six-year bill at the highest feasible level as soon as possible.

ACEC/PAC Wraps Up Successful September


From Left to Right at the Reynolds fundraiser: Andrew J. Ciancia, ACEC/NY President; Congressman Tom Reynolds; Robert Radley, ACEC/NY Legislative Committee Chair and Edward Parrone, ACEC/PAC Chairman.
ACEC/PAC enjoyed a winning month. ACEC/Nebraska became the first state organization to achieve its 2004 fundraising goal. ACEC/Georgia mandated a commitment to ACEC/PAC in its newly adopted strategic plan. And a successful New York City fundraiser for Congressman Tom Reynolds was held during the GOP Convention.

"More and more of our members are understanding the importance of getting engaged politically at the national level," said ACEC/PAC Trustee Roger Helgoth of Jacobson Helgoth Consultants, Inc., in Omaha.

New FLSA Rules Challenged in House, Senate

Presidential politics spilled over to the House floor this month as House Democrats launched a last-ditch counterattack against the new ACEC-endorsed rules governing white collar exemptions to overtime requirements under the Fair Labor Standards Act. A similar challenge is underway in the Senate.

The House adopted an amendment by Rep. David Obey (D-WI) to the F.Y. '05 Labor, HHS, Education appropriations bill that would overturn the new FLSA rules that went into effect on August 23. House Democrats overwhelmingly voted in support of the Obey Amendment, which also attracted support from a handful of moderate House Republicans whose districts include union households opposed to the new rules.

The White House says that the President will veto the appropriations bill if this amendment remains in the final conference report. Presidential candidate John Kerry (D-MA) has threatened to overturn the new rules if elected.

ACEC Fights Latest Attempt To Restrict Open Competition; Bush Threatens Veto


President Bush vows to veto bill containing anti-competition language.
In a move to restrict open competition at federal agencies, the House overturned a Bush Administration policy to open up federal engineering services and other commercial functions to competition from private industry.

Introduced by Chris Van Hollen (D-MD) to the F.Y. '05 Transportation and Treasury Appropriations bill, the measure prohibits federal agencies from using the revised A-76 process, which establishes guidelines governing competitions between the public and private sectors. A-76 was revised last year to simplify the competition process and increase opportunities for the private sector.

An identical provision was passed in the Senate version of the F.Y. '05 Transportation and Treasury bill earlier this month.

ACEC is working with the Administration and the leadership in both the House and Senate to ensure that these provisions are removed from the final version of the bill. The White House has issued a veto threat on the spending measure if it includes the anti-competition language.

Price Competition Top Threat To International Engineering; ACEC Promotes QBS At FIDIC

Delegates to the International Federation of Consulting Engineers (FIDIC) Annual Conference identified price competition as the primary threat to the international practice of engineering.

The conference was held in Copenhagen, Denmark in late September, with delegations from engineering associations throughout the world, including a 25-member U.S. delegation led by ACEC Chairman Bill Howard.

The U.S. delegation—which also included ACEC President Dave Raymond, Chairman-elect Ed Mulcahy, Past-Chairman Eric Flicker, Executive Committee member Joe Paoluccio, International Committee Chairman Gregs Thomopulos (who is also on the FIDIC Executive Committee) and 20 others—promoted QBS in various venues.

Howard, who has been active in ensuring that QBS has an important position in the new FIDIC Strategic Plan, briefed conference attendees on "international partnering" and the value of QBS to international development programs. Thomopulos chaired a session on QBS in the selection of consultants; and Raymond was active in promoting QBS at the FIDIC Directors and Secretaries meeting.

House Effort To Curb "Junk" Lawsuits Opens Potential For Tort Reform

The House has passed legislation that seeks to curb so-called "junk" lawsuits in a move that could set the stage for substantial progress on tort reform—a key ACEC legislative initiative when the new Congress convenes next January.

The Lawsuit Abuse Reduction Act (H.R. 4571) would establish mandatory sanctions for filing frivolous lawsuits in violation of Rule 11 of the Federal Rules of Civil Procedure.

The Act would abolish Rule 11's current "free pass" that allows lawyers to avoid sanctions by simply withdrawing frivolous claims within 21 days after a motion for sanctions has been filed. Additionally, a "3 Strikes and You're Out" provision mandates a one-year suspension of a law license to practice in a federal court after a lawyer has filed three or more frivolous lawsuits in the same federal court.

ACEC, which is supportive of this legislation, is urging Congress to pursue a broader tort reform agenda that includes Good Samaritan protection, reasonable caps on liability, and reforms to joint and several liability.


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