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Brief of diving:
- The Department of Defense has ordered its contracting agents Stop using job agreements On “large -scale construction projects”, according to a note obtained by Construction Dive.
- The notice, of February 7, says that contracting agents will have to delete the requirements of the plan Created by former President Joe Biden that apply to projects receiving $ 35 million or more in federal funds.
- As part of the note, signed by John M. Tenaglia, principal director of the Policy of Defense, Contracting and acquisition Policy for the DOD, the contracting officers were ordered to modify the applications for federal contracts to eliminate the Plan requirements.
Divide vision:
AGC’s CEO Jeffrey Shoaf, said in a statement that he had predicted a play like Dod And he demonstrated the past claims of the AGC that the mandate of the plan was not legal.
“We hope that all the federal agencies involved in obtaining construction services will follow the same and clearly leave what is clearly an illegal mandate of their construction applications,” said Shoaf.
The Department of Defense did not respond to the DIVE construction application for more information.
The note comes a few weeks after a US federal claim Judge Hamstrunt the Order To govern in favor of a group of construction companies that presented protests against the implementation of mandate in specific projects. Judge Ryan Holte said in his decision on January 21 that the implementation of the term in seven contractual procedures in 2024 ignored the investigation of the federal agencies, which indicates that the plan would be anti-commercial and based on politics ” arbitrary and whimsical. “
The General Associate Contractors of America helped to facilitate the legal challenge by the Biden approach to a mandate of the plan.
Holte’s decision, however, directly affected the protests of offers presented in six states on projects requested by the United States Army Corps of Engineers, the General Services Administration and the command of the command. Naval facilities engineering systems. Both USACE and NAVFAC are part of the DOD.
The ruling cut off the term on the knees and opened the door for other BID protest challenges, said Dirk Haire, Washington, a DC partner of the law firm based in Philadelphia, Fox Rothschild, at that time. It represented some of the plaintiffs in the case of protest of the offers.
DOD hires each year worth thousands of dollars. For example, in November, the Agency granted approximately $ 2.3 billion It is worth designing, engineering and construction works, according to the construction sheet sheet.
