GCA Construction News Bulletin August 2020

VOL. 61 ISSUE 08 AUGUST2020 • GUAM CONTRACTORSʼ ASSOCIATION

GCA TRADES GOES ONLINE

THE BENEFITS OF A

RAINWATER CATCHMENT SYSTEM A rainwater catchment system is a technique that collects, diverts, and stores rainwater in a barrel or cistern for other ways that water can be used.

Harvesting rainwater is a resourceful sustainable practice to manage stormwater runoff on your property and water your plants among other things.

It provides many benefits to individuals, communities and the environment.

3FEVDFT (SPVOEXBUFS $POUBNJOBUJPO Collecting rainwater reduces the amount of runoff that makes its way into our water supplies by rerouting it into designated storage containers. This in turn decreases the amount of these untreated pollutants, and reduces groundwater contamination.

-PXFST UIF 3JTL PG 'MPPEJOH BOE 4PJM &SPTJPO Capturing rainwater before it reaches the ground reduces flooding in low lying areas and helps control erosion caused by runoff. These results can be significant when utilizing a large cistern or high volume water storage system. ,FFQT 4FEJNFOU BOE 1PMMVUBOUT 0VU PG $PSBM 3FFGT Coral reefs need sunlight for coral growth and reef building. Sediments can smother coral and impact coral reproduction. Suspended sediments decrease fertilization success and survival of coral larvae and newly settled corals. $BO -PXFS :PVS 8BUFS #JMMT Every time you water your lawn or wash your car, your water meter spins, slowly clicking away the dollars, as wasted tap water flows into the ground.

By using collected water, you can decrease your tap water usage and replace it with a completely free resource.

5IFSF "SF .BOZ 8BZT UP 6TF UIF 8BUFS t 8BUFSJOH ZPVS HBSEFO MBXO PS åFME t 'MVTIJOH UPJMFUT PS XBTIJOH DMPUIFT t 8BTIJOH ZPVS WFIJDMF t 4VQQMFNFOUJOH UIF XBUFS TVQQMZ JO DBTF PG åSF

HOW IT WORKS

Collection Area

Transportation System DEPARTMENT OF CORRECTIONS RAINWATER CATCHMENT SYSTEM This 1,000-gallon water tank was connected to an existing structure at the Department of Corrections in Mangilao. A piping system connects the water to an area to support irrigation and water needs for the DOC piggery and farm, while a concrete base supports the water tank.

Storage Facility

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TABLE OF CONTENTS

CONSTRUCTION NEWS BULLETIN

AUGUST PRESIDENT’S LETTER

6

S.A.M.E. update

8

Military news

10

Small business notes

11

FEATURE STORY

12

Construction headline

16

NEWSLINE

22

12

FEATURE STORY

16

2020

CONSTRUCTION HEADLINE

don’t forget you can pay online

2 | AUGUST2020

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EDITORIALS

CONSTRUCTION NEWS BULLETIN

THEDIRECTORS

THEEDITORIALS

THETEAM

PRESIDENT James Martinez Guam Contractors’ Association

Guam Contractor’s Association (GCA) in conjunction with Adztech and Public Relations, Inc. publishes the Construction News Bulletin (CNB) monthly.

Reproduction of materials appearing in this publication is strictly forbidden without written permission by GCA.

PUBLISHER: James Martinez

CHAIRMAN Peter Errett Hawaiian Rock Products VICE CHAIRMAN Bill Beery Tutujan Hill Group

While we always strive for accuracy, we will from time to time overlook mistakes. In order to help us improve the quality and accuracy of this publication, we ask that you take the time to look at the information provided and notify GCA or Adztech of any corrections as needed. Opinions and editorial content of this publication may not necessarily be those of the publisher, production team, staff, GCA members, GCA Board of Directors and advertisers.

SECRETARY/TREASURER Grace Jacot SET Pacific PAST CHAIRMAN Jessica Barrett Barrett Plumbing CONTRACTOR DIRECTORS: Don McCann Black Construction Corporation

For more information about advertising in the GCA Construction News Bulletin contact the advertising department at (671) 477-1239/2239 or email at adztech@teleguam.net.

Shoja Rezvani Contrack Watts Contractors John Sage Pacific Rim Constructors Inc.

Distributed to GCA members or can be obtained by stopping by the Guam Contractors’ Association office located at 718 N. Marine Corps Drive, Suite 203, East West Business Center, Upper Tumon, Guam.

Dan Soriano Granite Construction Lucia Wood APTIM ASSOCIATE DIRECTORS: Jose Garcia First Hawaiian Bank

To find out more about how you can become a GCA member contact Guam Contractors’ Association at Tel: (671) 647-4840/41 Fax: (671) 647-4866 or Email: gca@teleguam.net. www.guamcontractors.org

Mark Cruz MidPac Far East Patty Lizama Pacific Isla Life

PRODUCTION TEAM LEAD: Geri Leon Guerrero AD SALES: Jaceth Duenas PRODUCTION: Jason Davis Geri Leon Guerrero Christopher “Taco” Rowland EDITOR: Adztech CONTRIBUTING WRITERS: Al Sampson R.D. Gibson Pete Diaz Rebecca Gale Franklin Turner Alex Major Cara Wulf Ethan Brown GCA STAFF: Desiree Lizama Elaine Gogue Francine Taitague Trevor Cruz COVER: Trades Academy looks toward offering education online as the COVID-19 pandemic continues.

Postmaster. Send address changes to Guam Contractors’ Association, located at 718 N. Marine Corps Drive Suite 203, East West Business Center, Upper Tumon, Guam.

Camilo Lorenzo Matson Navigation

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PRESIDENT’S LETTER

CONSTRUCTION NEWS BULLETIN

President’s Letter

Hafa Adai GCA Members: We hope this month’s issue of the CNB finds everyone in the best of health. This year has certainly been a challenge for all of us including the GCA. A lot of our previously planned events that have been our core programs for decades have had to be cancelled or postponed amid the COVID-19 pandemic. Current protocols restrict large group gatherings and organized sporting events from happening to reduce the spread of the corona virus, thus the call to cancel our GCA Golf Tournament and GCA Annual Picnic which were originally scheduled for August and October, respectively. While we adjust to the new normal, we ask that you remain careful and attentive to safety measures recommended by our health and safety experts.

We are looking at starting up our Construction Quality Management (CQM) and 40-hour Construction Hazard Awareness (EM385-1-1) courses soon. In the meantime, CQM certifications that are expired or are about to expire will be given priority when the CQM courses resume. Please contact Francine Taitague at GCA to register for the CQM courses. The 40-hour Construction Hazard Awareness course (EM-385-1-1) is also planned but we are waiting on guidance for social distancing requirements and looking at online options and in-person testing options for certifications. We are also looking at options to hold our monthly General Membership Luncheon meetings in the near future.

There are a couple venues prepared for social distancing of larger groups, however, the Governor has returned to restrictions on these types of group gatherings to no more than 25.

Later this month, GCA will be launching a telephone survey to a random group of members to survey how our members value membership to GCA and what areas we can improve to enhance your membership experience. The telephone survey will be conducted in-house and will take no more than 5 minutes to complete. The second phase will include an electronic survey sent out to the rest of our membership with the same survey questions as the interviews done over the telephone. Please help us improve our products and services by responding to the survey. We value your membership and we would like to provide information and tools you could use to further your business, professional and workforce development.

Dångkulu na si Yu’us ma’åse’ James A. Martinez President Guam Contractors Association

Guam Contractors Association

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S.A.M.E. UPDATE

CONSTRUCTION NEWS BULLETIN

NEWSLETTER AUGUST 2020

SOCIETY NEWS Sustaining Members have played a leading role in making SAME an impactful organization, through active participation in local and national events, providing subject matter expertise, and helping ensure our financial health. Today, SAME has over 1,600 Sustaining Members worldwide. To learn more about SAME Sustaining Members, and search services and capabilities, visit our Sustaining Member Directory at www.same.org/directory.

SAVE THE DATE 20 AUG 2020

SAME Guam Post VIRTUAL General Membership Meeting Video Conference Call 1200 - 1300

17 SEP 2020 (16 SEP 2020 HST)

2020 Indo-Pacific Industry Forum Joint Honolulu and Guam Post Virtual Event Theme: “Military Engineering: Uniting the Pacific in the Past, Present, Future.”

See www.samehonolulu.org

5-7 NOV 2020 (4-6 NOV 2020 CST)

2020 SAME Federal Small Business Conference, Dallas, TX Virtual National Event See www.samesbc.org CANCELLED DUE TO COVID-19 Charlie Corn Scholarship Golf Tournament Starts Guam Golf Resort, Dededo

8 | AUGUST2020

JULY MAIN PRESENTATION RECAP: GUAM’S EMERGENCY OPERATIONS CENTER COVID-19 RESPONSE Presented by Charles Esteves, Administrator, Office of Civil Defense.

At the time of this presentation, Guam’s coronavirus statistics are shown in Figure 1.

Guam’s Emergency Operations Center COVID-19 response is centered on the following seven incident objectives: 

Move towards elimination operations.



Expand testing.



Expand medical services capabilities and capacity.



Sustain medical supplies.



Sustain non-congregate sheltering.



Public information and education.

 Conduct recovery operations.

Elimination Operations includes maintaining and strengthening systems for Figure 1: Coronavirus Stats on Guam COVID-19 isolation and quarantine, expanding case detection and capacity for contact tracing, adjusting mandatory social distancing protocols and transition planning to COVID-19 teams.

Expansion of Testing includes testing on a daily basis and identifying testing capacity and capabilities.

Expansion of Medical Services includes preparing alternate care sites based on trigger points, adding medical personnel and removing of backlogs on mortuary affairs.

Sustainment of Medical Supplies includes the prioritizing the distribution of medical supplies and equipment, the promotion and enforcement of personal protective equipment conservation, increasing the number of Government of Guam vendors for medical equipment and supplies, and donation management operations.

Non-Congregate Sheltering is required for the COVID-19 response, unlike other sheltering such as in public school classrooms or gymnasiums used in typhoons. This requires risk-based decision making. The current status is 283 in quarantine and 16 in isolation.

Public Information and Education on COVID-19 can be found on the Guam Homeland Security, Office of Civil Defense website (https://www.ghs.guam.gov/ coronavirus-covid-19) and includes press releases, infographics and factsheets.

Recovery operations would ultimately be included as part of the response when the coronavirus pandemic is under control. With the new positive cases being reported on daily bases we all my keep vigilant and steadfast in following all recommended official guidance and mandates.

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S.A.M.E. UPDATE

JULY 2020 MEETING PRESENTATION RECAP:

HOMELESS VETERANS RE-INTEGRATION FACILITY The Western Pacific Veterans Community (WPVC) Foundation is a non-profit organization with a focus on Veterans uniting to build self-sustained living community.

Charlie Hermosa, President of the WPVC Foundation, presented on their plans for a Homeless Veterans Reintegration Facility, Phase 1. The facility will be located in Sinajana, as shown in see Figure 2.

The key initiatives that will be served by the facility include the following:

   

VA Compensated Work Therapy

    

Shipping: One 20-ft container per one-bedroom unit

Support Homeless Veterans Wellness Center

At Risk Youths/Vet Cadre One aspect for the project is the building design. Mr. Hermosa described the building design of one-bedroom units. The project is intend for homeless veterans to be able to selfconstruct components of housing units as shown in Figures 3 and 4 below. The square footage of a one-bedrom unit would be 325. It is estimated the building construction would take 80 Figure 2: Homeless Veterans Re-integration Facility, Sinajana -hours by two veterans and one supervisor.

The WPVC intends to use the Lockwood Building System for construction which uses interlocking timber components and spring loaded tie rods allowing the structure to be strong enough to withstand earthquakes and tropical cyclones.

The following is a summary of the building design: Exterior Walls: 4.2 inch (62 mm) wall with aluminum cladding Interior Walls: 1.2 inch (44 mm) solid timber Roof Structure: Trussed roof & Hardiegroove ceiling

Windows & Doors: Aluminum Nulook safety glass Similar building units have been to construct temporary classrooms and temporary housing on Guam, Micronesia and the Marshall islands for the past 25 years.

Figure 3: One-bedroom, Floor Plan

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Figure 4: Lockwood System, One-bedroom Unit

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AUGUST2020 | 9

MILITARY NEWS

CONSTRUCTION NEWS BULLETIN

SMALL BIZ NOTES NAVFAC Marianas awarded about $244.4M in contracts from October 2019 through July 2020 on which Small Business (SB) concerns may participate as prime or subcontractors.

Of that amount, about $220.4M was awarded to SB concerns to provide a variety of products and services on Guam.

Socio-economic breakdown of the SB awards are: - $210.4M - Small Disadvantaged Business (SDB) - $192.0M - HUBZone Small Business (HZSB) - $16.5M - Women-Owned Small Business (WOSB) - $12.5M - Service-Disabled Veteran-Owned Small Business (SDVOSB) The sum of the figures above exceed the overall SB awards of $220.4M because some SB concerns qualify for multiple socio-economic categories.

Significant SB awards in July: • Fargo Pacific Inc. was awarded about $853K for building repairs/renovations on Naval Base Guam.

• Guahan Waste Control Inc was awarded about $912K to provide solid waste collection and recycling services on Naval Base Guam.

• Planate Management Group LLC was awarded about $669K to provide construction management services for OICC Marine Corps in Australia.

• Fargo Pacific Inc. was awarded about $2.8M to provide sewer lift station repairs on Andersen Air Force Base.

• Fargo Pacific Inc. was awarded about $1.8M for building repairs/renovations on Andersen Air Force Base.

• Fargo Pacific Inc. was awarded about $3.9M for miscellaneous repairs to an existing sewer lift station utility building on Andersen Air Force Base.

• Defense Base Services, Inc. was awarded about $6.6M to provide to provide family housing facilities maintenance services on Anderson Air Force Base.

• Fargo Pacific Inc. was awarded about $2.1M to replace standby generators at multiple facilities on Andersen Air Force Base.

Source: Federal Procurement Data System – Next Generation (FPDS-NG)

TIMES WHEN EMAILS/TEXTS JUST WON’T DO The “new normal” business environment triggered by the coronavirus pandemic includes a significant surge in teleworking employees.

If members of your team are teleworking, communication with them should not be confined to emails and texts. There are times when things are better said over the phone, face to face, or even virtually.

In addition to landlines and smart phones for communication, there are many videoconferencing tools (Zoom, GoToMeeting, MS Teams, Global Video Services (GVS), etc.) that will give you face-to-face interaction when an email just won’t suffice.

It may be more convenient/comfortable to shoot off an email or text message, but it’s not always the most effective approach. Studies have shown that face-to-face meetings are much more productive over emails.

How do you know when to utilize verbal or written communication? Choose verbal communication over the written word when:

10 | AUGUST2020

• You need participation: Videoconferencing is best if you need people to engage or participate on a task and where everyone can be seen. Members of your team will feel more comfortable or compelled to step up.

• You are providing feedback: Sometimes we type things in emails/texts that we would never say in person. A video call allows you to read visual cues in body language or hear verbal cues that you wouldn’t get with email. This gives you the opportunity to adjust your approach based on how the other person is receiving your remarks.

• There is a chance of misunderstanding: You can avoid miscommunication in a phone or video call if you anticipate that someone will get defensive about an issue and potentially misinterpret your words in an email or text.

• You are angry: Anger can impact our ability to communicate clearly/concisely, so avoid any communication until you have calmed down. Voice communication will allow for a more effective dialogue that could resolve the problem at hand once you’ve cooled off.

• You are apologizing: When you are resolving conflict or apologizing, a call will be received as more genuine than an email. Taking the time to make a phone/video call is an act of respect and courtesy.

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SMALL BUSINESS NOTES

join our SB Community!

• The GCA Small Business Committee supports small business members of the association to ensure their voices are heard and needs are met within GCA capabilities.

• Do you have an issue or concern that we might be able to assist with?

• Do you have an idea or suggestion that may benefit our small business community?

L-R: James Martinez, Joe Roberto, Adam Baron, Bill Bernardo, Theresa Crisostomo, Tom Roberto, Jaylene Kent, Gerardine Mendiola, Jane Ray, Philip Leddy, Ken Lujan.

HELP US HELP YOU BY JOINING US AT OUR MONTHLY MEETINGS OR CONTACT: Lucia Wood (Chair) Theresa Crisostomo (Vice-Chair)

(671) 777-8425 lucia.wood@aptim.com (671) 588-5972 theresac@jwsguam.com

GUAM PTAC FREE Live Webinars Updating Your SBA Profile and Navigating the Dynamic Small Business Search (DSBS)

08/13 2020

08/20 2020

Your SBA Profile is a great marketing tool. The Guam PTAC will show you how to setup and update your profile. The DSBS is SBA's database of small businesses. We will show you how to use it to help your company succeed in government contracting.

Federal Contract Opportunities Beta.sam.gov is the portal for Federal Contract Opportunities.

The Guam PTAC will show you how to setup an account and how to use the search filters to ensure you do not miss any opportunities.

2020

Webinars run from 10am-11:30am and will be conducted via Zoom. Links to the live webinar and the webinar evaluation will be emailed to all registered attendees 15 minutes before the start of the webinar.

Register at: guamptac.ecenterdirect.com

How to Get Women Owned Small Business (WOSB) Certified

08/27

The Guam Procurement Technical Assistance Center (PTAC) is offering FREE webinars to the public for August 2020.

WOSB is now an official SBA certification program. We will discuss the new certification process as well as supporting document requirements.

For more information, contact the Guam PTAC at (671) 735-2552 or visit www.guamptac.com

FREE Live Webinars for August 2020 Every Thursday in August!

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AUGUST2020 | 11

TRADES EDUCATION IN THE TIME OF COVID-19 by: R.D. Gibson

CONSTRUCTION NEWS BULLETIN

Someone somewhere is writing a short novel about this time in history. It will be a historical fiction piece that nestles itself right at home between something Orwellian and Ray Bradbury. A two-month quarantine; lockdown restrictions; social distancing, plexiglass, floor markers; press release after press release after press release; the debate over essential and non-essential work. There most definitely may be a chapter or two on the proper use of face masks.

What may hit closer to home for many are the shutdowns of businesses, government agencies, gyms, schools, etc. in the noble attempt to reduce the spread of the virus. Whoever is writing it is going to have a field day with character perspectives: politicos, media pundits, social media influencers, bloggers, vloggers, essential and non-essential workers, etc. - everyone and anyone affected by this disease, which has shaken the world out of its regular normalcy and dumped a whole lot of uncertainty, anxiety, and sanitizer in our hands.

However, in real life, it is August 2020 - nearly five months after we initially went into lockdown. Back-toSchool sales are abound; however, this year, notebooks, folders, and pencils are at the bottom of the materials list. Along with ‘Welcome Back!’ signs schools are putting markers on the floor for social distancing; student desks are being positioned at least six feet apart; and a whole new era of learning is on the horizon More, the realities of the new normal in everyday life have emerged throughout our community. The GCA Trades Academy wasted no time. On their website, on March 16, 2020, there is a post about how the organization will be taking appointments, especially since a few weeks prior it announced its course schedule between March through May. Dr. Bert Johnson, Education Director at the GCA Trades Academy, stated, “The COVID-19 pandemic proved to be a total disruption [for the organization].” He continued with how they ‘innocently assumed’ it would blow over, like a ‘banana typhoon’ “here today, gone tomorrow.” However, to the dismay and ire of the entire global community, COVID-19 has remained and put a monkey wrench in everybody’s plans.

In response, Dr. Johnson said, “Without notice, all our classes came to an abrupt halt.” He continued, “Over the following months, we repeatedly revised our schedule to resume classes as the Governor announced another extension of the executive order to stay-at-home.”

Dr. Johnson mentioned how the Trades Academy was even working through an accreditation audit during the Like Us On Facebook

FEATURE STORY

initial shutdown and went through the experience, dotted the ‘i’s’ and crossed the ‘t’s’ expeditiously.

However, the organization didn’t remain idle. Johnson cited how some of the instructors moved the academic portion of the classes online, and “for the practicum, we arranged for small, isolated, socially-distanced groups to practice and perform the required physical tasks.”

Additionally, he stated their pandemic plan continues to be revised and tweaked as best practices come to light in delivering instruction and services. “After four months, we implemented the plan and resumed classes, albeit with smaller groups and staggered attendance to enforce social distances.”

Johnson discussed how the demand for courses in electrical and heating ventilation and air conditioning (HVAC) has remained the same as before the pandemic hit. However, now the Trades Academy is “seeing growing interest in carpentry, construction craft laborer, electronic system technician, heavy equipment operations, & (sic) project management.”

Throughout this pandemic, the names of the game has been adaptability and flexibility. Organizations have had to examine pre-COVID protocols and how to fit them into a - sorry, I’m going to use it again - ‘new normal’. Johnson pointed to adaptability as “one of our key competences.” He went on saying that even though online options have been available for years, the Trades Academy has formally stayed an in-person operation because of the preferences of students and instructors.

As the pandemic persists, Johnson stated that GCA is bolstering the use of its online component with fervor.

Further he pointed to the impracticality of a purely online course because of what’s expected in trades training.

Johnson talked about a hybrid model of learning “where classes meet occasionally with the instructor to practice and test the hands-on activities.” He pointed that when not in these face-to-face opportunities, students are online working on the academic part of the class.

Johnson added that it’s similar to traditional coursework “just with more homework using information technologies.”

In a time of uncertainty and anxiety rising, it is only natural to be nostalgic for the ‘old normal’ and hopeful that the stress will all be over soon. Change does not happen overnight, and most of the time it is challenging.

Johnson said, “We have come to accept that the future of trades education, and education in general, will be remarkably different from prior to the pandemic.”

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AUGUST2020 | 13

FEATURE STORY

CONSTRUCTION NEWS BULLETIN

What else might seem remarkable is the idea of safety training - a cornerstone of the industry. With that said, it can be easy to forget that safety is sometimes right in our hands, literally and figuratively. “This pandemic has given us the added opportunity to teach safe and proper hygiene techniques,” stated Johnson. “Construction is not exempt.” He added how the health and safety of their students, instructors, and staff remains one of the most important tenets of the organization.

Sometimes it is extremely easy to get caught up in the negativity that is pervasive and prevalent in times of uncertainty. Though the end of the pandemic doesn’t seem in sight, Dr. Johnson remarked, “we need to remain cautiously optimistic that this too shall pass.” He cited how the success of the Trades Academy stems from a partnership between the Guam Contractors Association and its membership supporting them: their staff, instructors, and Board of Trustees. But more so, Johnson ended with some words of encouragement that we may have forgotten along the way. That teamwork, partnership, listening to and sharing best practices, and support are all part of a bigger formula to overcoming the obstacles we face. “Together we came

into this. Together we will get through this. Together we will emerge the better.”

Who knows what this will mean for the future of an industry that is continuously trying to bounce back? In the last five months, and what may be the foreseeable future, our entire island is going to be filled with uncertainty, obstacles, unpredictability, etc. But, more than anything, how we overcome this is by working together, supporting one another, and finding ways in which we will all emerge out of this saga safely. The book being written should be epic - but could you imagine the film?

That would be biblical, and I’d like some royalties.

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RISKS, REEFS, AND WRECKS: Charting a Course Through the Perils of Covered Telecommunications Equipment and Services

Like the sailors Like theofsailors old, the ofgovernment old, the government What Lies What Beneath Lies Beneath telecommunications telecommunications equipment” equipment” in in contracting contracting community community ventures ventures their operations. their operations.

As is typical As isintypical the in the forth knowing forth knowing full well that full well danger that danger“Covered“Covered telecommunications telecommunications world of world federal ofprocurement, federal procurement, the the lies ahead lies – ahead although – although fortunately fortunately not not equipment,” equipment,” as currently as currently defined by defined by existing existing FAR definitions FAR definitions – and those – and those in the form in the of aform kraken, of aleviathan, kraken, leviathan, or or FAR 4.2101, FARincludes 4.2101, includes equipment equipment and and added inadded the Interim in theRule Interim to address Rule to address other mythical other mythical sea monster. sea monster.

Rather, Rather, services services producedproduced or provided or provided by by the restrictions the restrictions of Section of BSection – do not B – do not these perils these andperils risksand are risks embedded are embedded Huawei Technologies Huawei Technologies CompanyCompany or ZTE ordictate ZTE precisely dictate precisely what a contractor what a contractor in sweeping in sweeping new regulations new regulations that, that, Corporation Corporation (or any subsidiary (or any subsidiary or affili- or affilimust do must in order do to in comply order towith comply the with the like an unseen like anreef, unseen will reef, be arriving will be arrivingate of those ate of entities) those entities) and certain andvideo certain video new prohibitions. new prohibitions.

While theWhile Interim the Interim and taking and effect taking alleffect too quickly. all too quickly. surveillance surveillance productsproducts or telecommunior telecommuniRule establishes Rule establishes a definition a definition of what of what On July 14, On 2020, July 14, the2020, FAR Council the FAR Council cations equipment cations equipment and services and services constitutes constitutes a “reasonable a “reasonable inquiry” inquiry” publishedpublished a long-awaited a long-awaited (or (or producedproduced or provided or provided

by HyterabyComHytera Comto be incorporated to be incorporated into FAR into 4.2101, FAR 4.2101, perhaps perhaps long-dreaded) long-dreaded) Interim Rule Interim Rule munications munications Corporation, Corporation, Hangzhou Hangzhou Definitions, Definitions, and FAR and 52.204–25, FAR 52.204–25, implementing implementing Section 889(a)(1)(B) Section 889(a)(1)(B) of of Hikvision Hikvision Digital Technology Digital Technology Company, Company, Prohibition Prohibition on Contracting on Contracting for Certain for Certain the National the National Defense Defense Authorization Authorization or DahuaorTechnology Dahua Technology CompanyCompany (or (orTelecommunications Telecommunications and Video and Video Act (NDAA) Actfor (NDAA) Fiscalfor Year Fiscal (FY)Year 2019 (FY) 2019 any subsidiary any subsidiary or affiliate orof affiliate those of thoseSurveillance Surveillance ServicesServices or Equipment, or Equipment, (Section (Section B). Effective B). Effective August 13, August 2020,13, 2020, entities).entities).

The Interim TheRule Interim requires Rule requires in actuality in actuality the definition the definition is little more is little more Section BSection prohibits B prohibits executiveexecutive agenciesagencies contractors contractors to submittoasubmit representation a representation than a mirage than athat mirage provides that provides minimal minimal from “entering from “entering into, or extending into, or extending or orwith eachwith offer each that,offer afterthat, conducting after conducting a substantive a substantive guidance: guidance: renewing,renewing, a contract a contract with an entity with an entity“reasonable “reasonable inquiry,” covered inquiry,” telecomcovered telecomthat usesthat anyuses equipment, any equipment, system, or system, munications or munications equipment equipment or services or services Reasonable Reasonable inquiry means inquiryan means inquiry an inquiry service that service usesthat covered uses telecommucovered telecommuare not being are not used being by the used offeror. by the Like offeror. designed Like designed to uncover to any uncover information any information nicationsnications equipment equipment or services or services as a asallarepresentations all representations to the government, to the government, in the entity’s in thepossession entity’s possession about theabout the substantial substantial or essential or essential component component of theofrequirement the requirement on the surface on the belies surface belies identity of identity the producer of the producer or provider or provider any system, any or system, as critical or astechnology critical technology the threatthe of threat what’sofbeneath what’s beneath – a false– a false of covered of telecommunications covered telecommunications equip- equipas part ofasany part system.” of any system.”

Unlike itsUnlike its or misleading or misleading statement statement concerning concerning ment or services ment or services used by the used entity by the entity counterpart, counterpart, Section 889(a)(1)(A) Section 889(a)(1)(A) covered telecommunications covered telecommunications that excludes that excludes the needthe to include need toan include an of the NDAA of the forNDAA FY 2019 for FY (Section 2019 (Section equipment equipment could have could catastrophic have catastrophic internal or internal third-party or third-party audit. audit.

A), whichA), prohibits which prohibits agenciesagencies from from consequences, consequences, includingincluding but not but not “procuring “procuring or obtaining or obtaining equipment equipment or or limited tolimited contract to contract termination termination and the andRead the literally, Readthis literally, definition this definition is subjectis subject services services that use that covered use telecommucovered telecommuever-present ever-present specter of specter actions ofand actions and to infinitetointerpretations infinite interpretations as to what as to what nicationsnications equipment equipment or services or services as a asinvestigations a investigations under theunder Falsethe Claims False Claims an inquiryan“designed inquiry “designed to uncover to any uncover in- any insubstantial substantial or essential or essential component component or or Thus, Act. Act. it will Thus, be itcritical will befor critical contracfor contracformation” formation” would entail. wouldThe entail. definition The definition critical technology,” critical technology,” the restrictions the restrictions of of to act tors tors expeditiously to act expeditiously to ensuretothat ensureisthat similarly is similarly deficientdeficient in that it in fails that toit fails to Section BSection go far beyond B go farthe beyond immediate the immediate they havethey a clear haveunderstanding a clear understanding of the ofdescribe the describe what constitutes what constitutes “information “information contract contract between between the contractor the contractor and and Interim Rule’s Interim expansive Rule’s expansive requirements requirements in the entity’s in thepossession.” entity’s possession.”

That said, That said, the government. the government.

Instead, Section Instead,BSection – B including – including what is required what is required by the by thethe Interim theRule Interim does Rule provide doesthat provide the that the directs contractors directs contractors to discontinue to discontinue “reasonable “reasonable inquiry” that inquiry” eachthat contraceach contracinquiry: inquiry: any and all anyuse andofall covered use of telecommucovered telecommutor must tor now must undertake. now undertake. nicationsnications equipment equipment or services. or services. … includes … includes examining examining relationships relationships Even accounting Even accounting for the choppy for theseas choppy seas Considering Considering the potential the potential conse- conse- with any with subcontractor any subcontractor or supplier or supplier caused by caused the ongoing by the ongoing pandemic, pandemic, the the quences quences of noncompliance, of noncompliance, contrac- contracfor whichfor thewhich primethe contractor prime contractor has has exceedingly exceedingly broad scope broad ofscope Section ofBSection B of every tors tors of variety every–variety including – including a Federalacontract Federal contract and usesand the uses the promisespromises sharp, jagged, sharp,and jagged, uncharted and uncharted small businesses small businesses – must now – must now supplier or supplier subcontractor’s or subcontractor’s “covered“covered hazards to hazards contractors to contractors attempting attemptingpay closer pay attention closer attention to their own to their own telecommunications” telecommunications” equipment equipment or or to implement to implement compliant compliant policies and policies and operations operations and to supply and tochains supplytochains to services services as a substantial as a substantial or essential or essential procedures. procedures. ensure that ensure theythat are they not using, are not orusing, that orcomponent that component of any system. of any system.

A reason-A reasonthey canthey swiftly canexcise, swiftlyall excise, “covered all “covered able inquiry ableisinquiry an inquiry is andesigned inquiry designed to to 16 | AUGUST2020

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uncover any uncover information any information in the entity’s in the entity’s • Regulatory • Regulatory Familiarization Familiarization – – Interim Rule.

Interim ForRule. example, For example, the Interim the Interim possession possession – primarily – primarily documentation documentation Requiring Requiring that contractors that contractors read andread and Rule explicitly Rule explicitly rejects a rejects uniforma waiver uniform waiver or other records or other –records about the – about identity the identity understand understand the rule for thecompliance. rule for compliance. process, process, meaningmeaning each agency eachwill agency will of the producer of the producer or provider or provider of covered of covered have to make have to its make own process its own and process and telecommunications telecommunications equipment equipment or ser- or• serCorporate • Corporate Enterprise Enterprise TrackingTracking – This –determinations.

This determinations.

Accordingly, Accordingly, contrac- contracvices used vices by the used entity. by theAentity. reasonable A reasonable step provides step provides some additional some additional limited limited tors should torsbeshould proactive be proactive in collecting in collecting inquiry need inquiry notneed include notan include internal anor internal or guidance guidance as to what asconstitutes to what constitutes a ainformation information to support to future support requests future requests third-party third-party audit. audit. “reasonable “reasonable inquiry,” implying inquiry,” implying that the thatfor thewaivers for ifwaivers and when if and thewhen agencies the agencies inquiry should inquirybe should anchored be anchored to a larger to a larger are able to aredesign able toand design implement and implement their their 85 FR 42669.

85 FR 42669. “corporate “corporate enterprise enterprise tracking”tracking” system system unique waiver uniqueprocesses. waiver processes.

In addition, In addition, to be developed to be developed by contractors. by contractors.

In Inthe Interim theRule Interim is silent Rule as is silent to theas to the While this While explanation this explanation is better is than better than addition addition to establishing to establishing internal internal allowability allowability of the costs of the to costs remove toand remove and an open an seaopen of ambiguity, sea of ambiguity, it still it still tracking tracking of equipment, of equipment, systems,systems, replace “covered replace “covered telecommunications telecommunications leaves ample leavesrocks ample upon rocks which upon towhich to and services, and services, such a system such a(and, system (and,equipment equipment or services,” or services,” if identified. if identified. crash. At crash. a minimum, At a minimum, it is clearitthat is clear that by extension, by extension, a reasonable a reasonable inquiry) inquiry) The Interim TheRule Interim estimates Rule estimates the cost the cost contractors contractors will needwill to have needdiscusto have discusalso requires also requires an entityan to entity examine to examine its its impact ofimpact these of new these requirements new requirements to to sions with sions theirwith subcontractors their subcontractors and and subcontractor/supplier subcontractor/supplier relationships relationships both contractors both contractors and the government and the government supplierssuppliers to verify to that verify the prohibited that the prohibited for possible for possible usage ofusage “covered of “covered is billionsisofbillions dollars, ofand dollars, it acknowland it acknowlequipment equipment is not lurking is notsomewhere lurking somewhere telecommunications.” telecommunications.” edges multiple edges times multiple that times therethat is there is in the contractor’s in the contractor’s supply chain. supply chain. “substantial “substantial uncertainty uncertainty underlying underlying Contractors Contractors should also should ensure also ensure • Education • Education – Training – Training these estimates.” these estimates.”

While weWhile cannot we cannot that theythat carefully they carefully document document the thepurchasing/procurement purchasing/procurement employees employees say for certain say forwhether certain contractors whether contractors steps taken steps and taken the information and the information to ensuretothey ensure are they familiar are with familiar the with the will ultimately will ultimately be reimbursed be reimbursed by the by the obtainedobtained from their from subcontractors their subcontractors company’s company’s compliance compliance plan. plan. government government in any way in any for these way for these and suppliers and suppliers so that, ifsoquestioned, that, if questioned, significant significant costs, wecosts, can reasonably we can reasonably the “reasonableness” the “reasonableness” of the inquiry of the inquiry • Cost of•Removal Cost of Removal – If the use – Ifof the use of predict that predict if thethat costs if the arecosts ultimately are ultimately can be readily can bedemonstrated. readily demonstrated. covered covered equipment equipment and services and services deemed deemed allowable, allowable, the government the government will will is identified, is identified, contractors contractors should impleshould implecarefully carefully scrutinizescrutinize every dollar every spent dollar spent As the clock As the is ticking, clock iscontractors ticking, contractorsment procedures ment procedures to assess tothe assess cost the cost by contractors by contractors on theseon compliance these compliance wishing to wishing address to address these requirethese require- of removing of removing and replacing and replacing covered covered efforts. Therefore, efforts. Therefore, contractors contractors would would ments should mentsreview shouldexisting review agreeexisting agreetelecommunications telecommunications equipment equipment or or be well-advised be well-advised to start identifying, to start identifying, ments with ments all suppliers with all suppliers in order to in order toservices.services. estimating, estimating, and carefully and carefully documenting documenting incorporate incorporate the Section the BSection prohibitions.

B prohibitions. compliance compliance costs in order costs to in position order to position Notably, Notably, the Interim theRule Interim specifies Rule specifies that • that Representation • Representation – A two-fold – A two-fold obliga- obligathemselves themselves to obtainto the obtain maximum the maximum the requirements the requirements of Section of BSection “will not B “willtion: not firsttion: the contractor first the contractor must submit must submit amount of amount reimbursement of reimbursement if and when if and when flow down flow because down because the primethe contracprime contracto the government to the government a representation a representation allowed. allowed. tor is thetor only is ‘entity’ the onlythat ‘entity’ the agency that the agency as to whether as to whether the entitythe uses entity covered uses covered ‘enters into ‘enters a contract’ into a contract’ with, andwith, an and an telecommunications telecommunications equipment equipment Through Through a tempest a tempest of a changing of a changing agency does agency notdoes directly not‘enter directly into ‘enter a into a services, and and services, then it must thenalso it must alertalso alert environment environment and new and regulations, new regulations, fedfedcontract’contract’ with any with subcontractors, any subcontractors, at at government the the government if use is discovered if use is discovered eral contractors eral contractors now findnow themselves find themselves any tier.” any Here tier.” again Here liesagain the danger lies the danger during contract during contract performance. performance. embarking embarking upon a narrow upon acourse narrow course down below. downEven below. if the Even prohibitions if the prohibitions betweenbetween two lurking twoalternatives: lurking alternatives: (1) (1) are not required are not required to be flowed to bedown, flowed down, • Cost to•Develop Cost to Develop a Phase-Out a Phase-Out Plan Plan allocate time allocate andtime resources and resources toward toward contractors contractors would bewould steering be steering their their and Submit andWaiver SubmitInformation Waiver Information – For – the For development the development and implementation and implementation ship toward shipdisaster toward disaster if they doifnot they do notcontractors contractors requesting requesting a waiver,a(1) waiver, de- (1) ofdea comprehensive of a comprehensive compliance compliance incorporate incorporate these restrictions these restrictions into intovelop a plan velop toaphase plan to out phase existing out covexisting plan cov- thatplan accounts that accounts for the strictest for the strictest their subcontracts. their subcontracts. ered telecommunications ered telecommunications equipment equipment interpretation interpretation of the prohibition, of the prohibition, or (2) or (2) or services, or services, and (2) provide and (2)waiver provide waiversteer toosteer closetoo to the close whirlpool to the whirlpool of non- of nonBeware of Beware the False of the Lighthouse False Lighthouse information information to the government. to the government. compliance compliance and risk being and risk swallowed being swallowed whole bywhole a par. by While a par. it will While certainly it will certainly With the With theoretical the theoretical aim of providing aim of providing While theWhile first steps the first regarding steps regarding take a strong take ahand strong to navigate hand to navigate this this additional additional guidance, guidance, the Interim theRule Interim Rule knowledge, knowledge, tracking, tracking, and training and training storm, contractors storm, contractors who put who in theput in the identifiesidentifies six stepssix that steps should thatbe should beseem straightforward seem straightforward (even if only (even byif onlycompliance by compliance effort now effort should nowsee should see incorporated incorporated into a contractor’s into a contractor’s com- comcomparison), comparison), the latterthe steps latter – which steps – which smooth sailing smoothahead. sailing ahead. pliance plan. pliance While plan. these While steps these serve steps serve are obviously are obviously intendedintended to be supported to be supported as a convenient as a convenient tempo and tempo timeline and timeline by individual by individual agency requirements agency requirements – – for compliance, for compliance, they do little they more do little more only serve only to raise servequestions to raise questions as to as to than muddy thanalready muddyunclear already waters: unclear waters: the scope the and scope potential and potential impact ofimpact the of the

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RIM Architects Names David McVeigh as CEO/President

David L. McVeigh, AIA, NCARB CEO/President

RIM Architects (RIM) announced David L. McVeigh as CEO/President, succeeding Larry S. Cash, who plans to continue as Founder and Chair of the Board. “Dave is a proven leader who has demonstrated his business skills, architectural knowledge, and keen ability to bring people together for more than 34 years. His vision is exactly what RIM needs as the company enters its next chapter of invigoration, innovation, and growth.”

Since joining the company in 1986 Dave has spearheaded initiatives across the company’s portfolio, working with each of RIM’s five offices to maximize the potential of each regional site and strengthen the offerings of the entire firm. He has introduced and led the firm into foreign markets spanning from Australia, Russia, and throughout Asia. Having resided in Alaska, Guam, and Hawaii, Dave recognizes regional and business diversification.

He is keenly aware of the impact local culture brings to the design process.

more qualified, knowledgeable role model to lead RIM.” Dave’s focus will be business development and strategic growth the offering of diversified services and locations that complement RIM’s geographic diversity and design expertise. “I am humbled to lead RIM in this new decade. Larry has been my inspiration, my guide, and my lifetime mentor. I will do all I can to continue the great work Larry has inspired. Although Larry is not retiring, he will take a modified role, advising and counseling the firm while maintaining a schedule that allows more time with his family.”

RIM Architects is a design firm providing excellence in comprehensive architecture, interior design, planning strategy, sustainable design, and branding/graphic design services since 1986. Today, RIM is recognized for its diversity in regional design expertise—created and managed by a staff of 70 who are strategically located in Anchorage, Alaska; San Francisco and Tustin, California; Hagatña, Guam; and Honolulu, Hawaii.

RIM supports clients from pre-design strategy through project implementation, occupancy, and post-occupancy follow up.

He is a well-respected consensus builder who has thoughtfully and tirelessly supported RIM’s staff and clients. We couldn’t have selected a 18 | AUGUST2020

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Taylor International New Dealer Announced

Taylor International is making great strides to expand across the globe. Recently, Landscape Management Systems, Inc. (LMS) joined the “Big Red Team” as an Authorized Taylor Dealer on the island of Guam.

“We are very excited about the opportunity to expand our footprint in Micronesia through our commercial relationship with LMS, on Guam,” said Hal Nowell, Director of Sales at Taylor International.

“Taylor could not have a better partner than LMS. We share the vision and understanding that customers demand consistent, dependable performance — from the products they use to the vendors that supply them. It is the commitment of this dealer partnership between LMS and Taylor to provide the very best, most dependable, longest lasting, and most effective service, machines, and parts for the Micronesian market.”

With more than 26 years of experience, LMS, Inc. recently expanded its services to include LMS Imports, a one-stop shop for equipment rentals. Community, service, and growth are the three most important keywords in the LMS culture. LMS, Inc. is well-renowned on Guam for their work with both the local and military communities and has been the recipient of multiple NAVFAC (naval facilities engineering command) contracts over the past few years. LMS, Inc. focuses on high-quality services and products delivered in a timely and sustainable manner.

“We demonstrate a commitment to service, excellence, innovation, and integrity in our interactions with our clients, suppliers, competitors, and the community,” said Bob Salas, Founder of Landscape Management Services, Inc. LMS, Inc. has consistently been recognized for its high quality of work and products through numerous Excellence awards.

Taylor International is expanding its footprint globally and is currently seeking dealers worldwide. For more information on Taylor International, or Taylor products, visit www.taylorintl.com.

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MATSON, MATSON LOGISTICS, SPAN ALASKA RATED AMONG TOP FREIGHT TRANSPORTATION COMPANIES

HONOLULU, August 10, 2020 – Matson, Inc. (NYSE: MATX) subsidiary companies Matson Navigation Company, Matson Logistics and Span Alaska have all been rated by shipping customers among the top freight transportation companies in the industry’s leading survey of service quality.

The ratings were published today by Logistics Management magazine and Peerless Research Group (PRG), whose annual Quest for Quality Awards survey of qualified buyers of transportation and logistics services is considered the most important measure of customer satisfaction and performance excellence in the industry.

This year’s 37th annual survey drew more than 4,500 participants who rated transportation companies in all modes and service disciplines against the five criteria most valued by shipping customers.

Of the 11 domestic and foreign companies rated in the Ocean Carriers category for On-time Performance, Value, Information Technology, Customer Service, and Equipment & Operations, Matson was rated second highest overall, missing the top rank by 0.07 points. Matson was rated #1 in On-Time Performance, Customer Service, and Equipment & Operations.

Of the 23 domestic and international companies rated in the Third Party Logistics category for Carrier Selection/Negotiation, Order Fulfillment, Transportation Distribution, Inventory Management, and Logistics Information Systems, Matson Logistics was rated fifth highest overall and #1 for Logistics Information Systems.

Of the seven companies in the Intermodal Marketing Companies category, Matson Logistics was ranked #1 overall, earning the top rating in On-Time Performance, Value, and Information Technology service disciplines.

Matson Logistics subsidiary Span Alaska also earned a Quest for Quality Award this year in the category of Western Regional LTL (Less than Container Load) logistics providers, ranking #1 for Information Technology.

More information on the 2020 Quest for Quality annual survey and awards is available at: https://www.logisticsmgmt.com/article/37th_annual_quest_for_quality_awards_pristine_service_pr evails_in_challengi

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NEWSLINE DOL Issues Additional Compliance Guidance for Reopening Workplaces As20, of July the following 20, the following questions questions The U.S.The Department U.S. Department of Labor’s of Labor’s whose schools whose schools have closed. have If closed.

I If IAs of July and answers and answers were added weretoadded the FMLA to the FMLA Wage and Wage Hour and Division Hour Division published published allow myallow employees my employees to beginto work, begin work, FAQs2: FAQs2: additional additional guidance guidance to address to address the thetake several take hours several inhours the middle in the middle requirements requirements and protections and protections under under of the workday of the workday to care for to care theirfor their several of several the laws of the enforced laws enforced by the by thechildren,children, and thenand return thentoreturn work,to work,Due to safety safety health andconcerns health concerns • • Due toand agency as agency workplaces as workplaces reopen during reopen during do I havedotoI compensate have to compensate them forthem forrelated to related COVID-19, to COVID-19, many health many health the COVID-19 the COVID-19 pandemic. pandemic. all of theall hours of the between hours between startingstarting care providers care providers are treating are treating patientspatients work and work finishing and finishing work? work? for a variety for aof variety conditions, of conditions, including including According According to a DOLtonews a DOL release, news release, the the Can a •salaried Can a salaried executive, executive, those unrelated those unrelated to COVID-19, to COVID-19, • guidance, guidance, which provides which provides information information administrative, administrative, or professional or professional via telemedicine. via telemedicine.

Telemedicine Telemedicine to workers to workers and employers and employers on the on the employee employee who is exempt who is exempt from from involvesinvolves face-to-face face-to-face examinations examinations requirements requirements of the Fair of the Labor Fair Labor the FLSA’s theminimum FLSA’s minimum wage and wage and or treatment or treatment of patients of patients by remote by remote Standards Standards Act, the Act, Family theand Family and overtimeovertime requirements requirements under under video conference video conference via computers via computers MedicalMedical Leave Act Leave and Act the and Families the FamiliesSection Section 13(a)(1) 13(a)(1) performperform other other or mobile ordevices. mobile devices.

Under these Under these First Coronavirus First Coronavirus Response Response Act, Act, nonexempt nonexempt duties during dutiesthe during the circumstances, circumstances, will a telemedicine will a telemedicine featuresfeatures newly added newlyfrequently added frequently COVID-19 COVID-19 public health publicemergency health emergency visit count visit ascount an in-person as an in-person visit to visit to asked questions asked questions addressing addressing critical criticaland continue and continue to be treated to be as treated as establishestablish a seriousa health seriouscondition health condition issues under issues allunder threeall laws. three laws. exempt?exempt? under the under FMLA? the FMLA? hazard required pay required under the under the• I was out on FMLA out onleave FMLA unrelated leave unrelated • Is hazard • Ispay • I was As of July As20, of July the following 20, the following questions questions FLSA for FLSA employees for employees working working during during to COVID-19. to COVID-19.

While I was While out, I was my out, my and answers and answers were added weretoadded the FLSA to the FLSA 1 1 the COVID-19 the COVID-19 pandemic? pandemic? company company implemented implemented a new a new FAQs : FAQs : policy requiring policy requiring everyone everyone to take to take I am a salaried employee employee exempt exempt • I am a•salaried a COVID-19 a COVID-19 test before test they before come they come am an employer who allows whomy allows myfrom thefrom • I am an• Iemployer minimum the minimum wage and wage and to the office. to the Under office. the Under FMLA, the can FMLA, can employees employees to telework to telework during the during theovertimeovertime pay requirements pay requirements under under my employer my employer require me require to get me a to get a COVID-19 COVID-19 emergency. emergency.

Now that Now that Section Section 13(a)(1) 13(a)(1) of the FLSA of the asFLSA a as a COVID-19 COVID-19 test under test this under policy? this policy? my employees my employees are no longer are noatlonger my at my bona fide bona executive, fide executive, administrative, administrative, worksite, worksite, how do Ihow determine do I determine their their or professional or professional employee. employee.

Will I Will I As20, of July the following 20, the following questions questions hours ofhours compensable of compensable work? Do work? Do lose my lose exempt my exempt status ifstatus I take if I take As of July and answers and answers were added were to added the to the I have toI pay havemy to employees pay my employees for for leave under leavethe under FFCRA? the FFCRA? 3 3 FFCRA FAQs FFCRA : FAQs : hours I did hours notI authorize did not authorize them to them to I am a salaried employee employee exempt exempt work? Do work?

I have DotoI pay havethem to pay forthem for• I am a•salaried from the from minimum the minimum wage and wage and hours worked hours even worked when even they when do they do used two used weeks twoofweeks of • My employee overtime overtime requirements requirements under under • My employee not report notthose report hours? those hours? paid sick paid leave sick under leave the under FFCRA the FFCRA Section Section 13(a)(1) 13(a)(1) of the FLSA of the asFLSA a as a to care for to care his parent for his who parent was who was I am an employer who allows whomy allows my bona fide • I am an• employer bona executive, fide executive, administrative administrative advised advised by a health by a care health provider care provider employees employees to telework to telework during the during theor professional or professional employee. employee.

Can my Can my to self-quarantine to self-quarantine becausebecause of of COVID-19 COVID-19 emergency. emergency.

I would also I would also employer employer reduce my reduce salary myduring salary during symptoms symptoms of COVID-19. of COVID-19.

I am I am like to give likemy to give employees my employees flexibility flexibility the COVID-19 the COVID-19 pandemic pandemic or an or an concerned concerned about his about returning his returning in hoursin ofhours work so of work they can so they takecan takeeconomic economic slowdown? slowdown?

Would I Would lose I lose to work to too work soon too and soon potentially and potentially time outtime of the out normal of the workday normal workday for for my exempt my exempt status ifstatus my employer if my employer exposing exposing my other my staff other to staff to personalpersonal and family andobligations, family obligations, does? does?

COVID-19.

COVID-19.

May I require May I him require to him to such as such caring asfor caring theirfor children their children 22 | AUGUST2020

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•

•

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for Employers for Employers and a Questions and a Questions and and teleworktelework or take leave or take until leave he until has he has is unavailable is unavailable for COVID-related for COVID-related resourceresource about paid about sickpaid andsick and tested negative tested negative for COVID-19? for COVID-19? reasons,reasons, how much howexpanded much expanded AnswersAnswers expanded family and family medical and medical leave leave family medical and medical leave does leave she doesexpanded she I was working full timefull fortime my for my family and • I was working under the under FFCRA. the FFCRA. All resources All resources can can have available? have available? employer employer and used and two used weeks two(80 weeks (80 be used be to help used America’s to help America’s workers workers as as • My business • My business was closed was due closed to my due to my hours) of hours) paid sick of paid leave sick under leavethe under the they safely they return safely back return to work. back to work. state’s COVID-19 state’s COVID-19 quarantine quarantine order. order.

FFCRA before FFCRAI before was furloughed.

I was furloughed.

I furloughed all my employees. all my employees.

The The My employer My employer said I could saidgo I could backgo backI furloughed Additional Additional resources resources on COVID-19 on COVID-19 and and quarantine quarantine order was order lifted was and lifted I and I to work to next work week. nextCan week.

I use Can paid I use paid returning returning to work can to work be found can be on found the on the am returning am returning employees employees to work. to work. sick leave sick under leavethe under FFCRA the again FFCRA again DOL website.

DOL website.

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Now I am Now re-opening I am re-opening The guidance The guidance is the latest is the addition latest addition my business. my business.

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1

https://www.dol.gov/agencies/whd/flsa/pandemic

2

https://www.dol.gov/agencies/whd/fmla/pandemic

3

https://www.dol.gov/agencies/whd/pandemic/ffcra-questions

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NEWSLINE

CONSTRUCTION NEWS BULLETIN

Updated NEPA Regulations Will Eliminate Unnecessary Delays, Reduce Costs for Construction Sector Following the issuance of the NEPA final rule, ABC’s Vice President of Legislative & Political Affairs Kristen Swearingen issued the following statement: "The modernization of these critical regulations will go a long way toward eliminating unnecessary delays that cause budget overruns in construction. Construction businesses recovering from the ongoing health and economic crisis caused by COVID-19 will surely benefit from these modifications, which will help reduce costs and speed up project approvals so that hardworking U.S. workers can get back on the job quickly and safely.

"The coordinated, predictable and transparent process to streamline permitting will also enable the industry to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and being good stewards of public funds.”

According to CEQ’s fact sheet, “For the first time in over 40 years, CEQ has comprehensively updated its National Environmental Policy Act regulations to modernize the federal environmental review process, which will benefit the environment, economy and every American. The regulations, which apply to all federal agencies, have been complex and unnecessarily difficult to understand and navigate. The result has been excessive paperwork, litigation and delays. Environmental impact statements for federal highway projects have averaged over seven years to complete and some reviews have taken a decade or more. The modernized regulations will promote more efficient, effective and timely

24 | AUGUST2020

environmental reviews by all federal agencies.”

CEQ announced it received over 1.1 million public comments from a broad range of stakeholders relating to the regulations.

For further information on the final rule, visit CEQ’s NEPA Modernization page.

Background: On March 10, ABC joined several other organizations in submitting comments to the CEQ in support of proposed revisions to its regulations implementing the procedural provisions of NEPA. The coalition letter stated, “We fully support the fundamental goals of NEPA to appropriately consider the potential environmental impacts of federal actions. The coalition believes that CEQ’s proposed revisions refocus federal NEPA reviews on NEPA’s original purpose to facilitate excellent agency action through informed decision-making, accomplished through the same balanced goals as the original 1978 NEPA regulations: to reduce paperwork, to reduce delays, and at the same time to produce better decisions which further the national policy to protect and enhance the quality of the human environment.

We urge CEQ to finalize updates to the NEPA implementing regulations to modernize the federal environmental review and permitting process under NEPA, with the goal of increasing infrastructure investment and project development in a manner that strengthens our economy and enhances environmental stewardship.”

www.guamcontractors.org

On Jan. 9, ABC President and CEO Michael Bellaman and Miller and Long employees Alan Michael Jenkins and James Spencer Johnson joined President Trump at the White House for the announcement of CEQ’s proposed rule. ABC stated, “ABC supports the modernization of these critical regulations and believes that these enhancements will go a long way toward eliminating unnecessary delays that cause budget overruns in construction.

Creating a coordinated, predictable and transparent process to streamline permitting will enable the industry to plan and execute even the most complex projects while safeguarding our communities, maintaining a healthy environment and being good stewards of public funds.”

ABC is a member of the Unlock American Investment coalition, which says, “Updating NEPA will reduce delays hindering critical projects, resulting in better infrastructure, a stronger economy and continued environmental stewardship. Modernizing NEPA is the key to unblocking investments.”

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