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July 13, 2003

                             ET NEWS
================================================================
        NEWS AND INFORMATION FOR ENGINEERING TECHNICIANS
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Issue No. 107          http://www.etnews.org           7-13-2003
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Contents
--------
- News
- ET Journal
- NICET Test Dates
- AFAA Class Schedule
- Comments & Acknowledgements

================================================================
NEWS
================================================================

Portland Job Opportunities
--------------------------

 o Sales manager to manage 12 reps.
 o Licensed fire/security technician.

If you're interested contact:

Joe Crowe
Security Search & Consulting, Inc.
818-879-5688 ext 102
818-879-5686 (Fax)
joec@securitysearchnow.com
www.securitysearchnow.com

----------------------------------------------------------------

I'll see you in Yonkers, NY this week.

Have fun!

Mike
mailto:mbbaker@etnews.org

================================================================
ET JOURNAL
================================================================

NICET Fire Alarm Systems Level IV
38003 CONTRACTUAL REQUIREMENTS AND INTERPRETATIONS
--------------------------------------------------

38003 is a Level IV Special work element.

38003 DESCRIPTION
Interpret contractual requirements and the specific effects of
various clauses on the contractor's performance. Understand the
element of "liability" and its application to performance and
payment bonds, liquidated damages, "hold harmless" phrases, and
insurance coverage. Establish procedures to report on and conform
to the requirements of federal and state regulations, including
affirmative action, Copeland and Davis-Bacon, payroll affidavits,
minority subcontracting, Executive Orders 11246 subsequent 11375,
Small Business programs, women-owned business programs, OSHA, and
tax considerations. Meet the obligations of contract
administration, including preparation of project cost breakout
for billing purposes, equipment submittals, purchase orders,
project meetings, and coordination requirements. Prepare timely
and accurate requisitions. Consider revenue factors, including
retention and progress payments. Review punch list items and
final job completion with consideration of release of liens.
(Building Professional's Guide to Contract Documents)

38003 REFERENCES
Building Professional's Guide to Contract Documents
http://www.amazon.com/exec/obidos/tg/detail/-/0876295774/qid=105
1715018/sr=8-1/ref=sr_8_1/103-5899122-8072631?v=glance&s=books&n
=507846

38003 DESCRIPTION BREAKDOWN
"Interpret contractual requirements and the specific effects of
various clauses on the contractor's performance. Understand the
element of "liability" and its application to performance and
payment bonds, liquidated damages, "hold harmless" phrases, and
insurance coverage. Establish procedures to report on and conform
to the requirements of federal and state regulations, including
affirmative action, Copeland and Davis-Bacon, payroll affidavits,
minority subcontracting, Executive Orders 11246 subsequent 11375,
Small Business programs, women-owned business programs, OSHA, and
tax considerations. Meet the obligations of contract
administration, including preparation of project cost breakout
for billing purposes, equipment submittals, purchase orders,
project meetings, and coordination requirements. Prepare timely
and accurate requisitions. Consider revenue factors, including
retention and progress payments. Review punch list items and
final job completion with consideration of release of liens."

Glossary of terms

An Act. To enforce the constitutional right to vote, to confer
jurisdiction upon the district courts of the United States to
provide injunctive relief against discrimination in public
accommodations, to authorize the attorney General to institute
suits to protect constitutional rights in public facilities and
public education, to extend the Commission on Civil Rights, to
prevent discrimination in federally assisted programs, to
establish a Commission on Equal Employment Opportunity, and for
other purposes.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, that this Act may
be cited as the "Civil Rights Act of 1964". 

Copeland "Anti-Kickback" Act. The "Anti-Kickback" section of the
Copeland Act applies to all contractors and subcontractors
performing on any federally funded or assisted contract for the
construction, prosecution, completion or repair of any public
building or public work -- except contracts for which the only
Federal assistance is a loan guarantee. This provision applies
even where the contract is not covered by a labor standards
statute. The regulations pertaining to Copeland Act payroll
deductions and submission of the weekly statement of compliance
apply only to contractors and subcontractors performing on
federally funded contracts in excess of $2,000 and federally
assisted contracts in excess of $2,000 that are subject to
Federal wage standards. The "Anti-Kickback" section of the Act
precludes a contractor or subcontractor from inducing an employee
-- in any manner -- to give up any part of his/her compensation
to which he/she is entitled under his/her contract of employment.
The Act and implementing regulations require a contractor and
subcontractor to submit a weekly statement of the wages paid each
employee performing on covered work during the preceding payroll
period. The regulations also list payroll deductions that are
permissible without the approval of the Secretary of Labor and
those deductions that require consent of the Secretary of Labor.

The Davis-Bacon Act, passed in l931, was the first federal wage
law to provide prevailing wage protection to non-government
workers.  It requires the payment of prevailing wages and fringe
benefits to laborers and mechanics employed by contractors and
subcontractors engaged in federal construction projects. The act
covers all contracts over $2,000 which call for the construction,
alteration and/or repair, including painting and decorating, of
public buildings or public works, as well as other construction
work financed from federal funds under statutes containing
Davis-Bacon provisions.  All covered contracts must contain a
wage determination issued by the Secretary of Labor.

Executive Order 11246 prohibits federal contractors and
federally-assisted construction contractors and subcontractors,
who do over $10,000 in Government business in one year from
discriminating in employment decisions on the basis of race,
color, religion, sex, or national origin. Executive Order 11246
was placed into operation in 1965 by President Johnson. It
amended Title VII of the Civil Rights Act of 1964 by prohibiting
discrimination by the government regarding government contractors
and sub-contractors. This executive order led to federal, state
and local agencies to seek out and employ minority owned
contractors and sub-contractors.

Executive Order 11375 was developed by President Nixon in 1967.
It amended Executive Order 11246 to include coverage on the basis
of sex. As with Executive Order 11246, Executive order 11375 led
the way for federal, state and local governments requirements to
hire female-owned businesses as contractors.

Small Business programs. The Small Business Act authorizes the
Small and Disadvantaged Business Utilization program, including
8(a). The Small Business Regulatory Enforcement Fairness Act
requires Federal agencies to make available to small businesses
compliance guides and assistance on the implementation of
regulations and directives of enforcement laws they administer.

Women-owned business programs. The small and disadvantaged
business program relates to small, small socially, and
economically disadvantaged (including 8 (a) which is named for
the authorizing section of the Small Business Act), and small
women-owned businesses, and the minority bank deposit initiative.
The program's thrust is to increase participation opportunities
for small businesses in the Department's contract and grant
activities; conduct outreach to increase awareness and
availability of qualified providers; develop and issue
information on the Department's procurement needs and procedures;
train Department staff on program requirements and capabilities;
and monitor, evaluate and report results of the Department's
efforts.

OSHA. To assure safe and healthful working conditions for working
men and women; by authorizing enforcement of the standards
developed under the Act; by assisting and encouraging the States
in their efforts to assure safe and healthful working conditions;
by providing for research, information, education, and training
in the field of occupational safety and health; and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, that this Act may
be cited as the "Occupational Safety and Health Act of 1970." 

Requirements for release of lien should be addressed within the
contract, and, when applicable, bid documents. They should
include:
 o Who they are required from
 o When they are required
 o The form of release(s) required

Contract terms ordinarily require that a lien release and waiver
of claim affidavit be provided before final payment is made.

Executive Order 11246 and Executive Order 11375 include equal
opportunity (nondiscrimination) requirements.

A written notice from the architect or a punch list of unresolved
items may extend the standard 1-year, AIA warranty requirement.

The term "Liquidated Damages" refers to a penalty for
non-completion. This penalty is generally defined in dollars per
day.


THE INFORMATION HEREIN IS PROVIDED AS A GUIDE ONLY AND IS
INTENDED TO ASSIST YOU IN PREPARING FOR AN EXAM. IT IS NOT
INTENDED TO BE INCLUSIVE OF ALL INFORMATION THAT MAY BE ON AN
EXAM BUT RATHER IT IS INTENDED TO BE A SMALL SAMPLE OF THE KIND
OF MATERIAL THAT YOU MAY BE EXPECTED TO KNOW.

================================================================
NICET TEST DATES
================================================================

OREGON
------
OR1 PCC Sylvania, Portland;
Test 7/26/03. Postmark deadline 6/7/03.
Test 11/15/03. Postmark deadline 9/27/03.

OR2 Clackamas Community College, Oregon City;
Test 9/27/03. Postmark deadline 8/9/03.
Test 11/15/03. Postmark deadline 9/27/03.

These dates are from the NICET web site. For a complete list of
all test centers and test dates, visit:
http://63.70.211.210/cfdocs/nicetschedule.cfm

================================================================
AFAA CLASS SCHEDULE
================================================================

------------------
July 15-17, 2003 Yonkers, NY - Sponsored by NYBFAA
------------------
Intermediate Fire Alarm Seminar.
http://www.afaa.org/afaa/PDF/NYBFA_July03.pdf

------------------
July 22-24, 2003 Chicago, IL
------------------
Advanced Fire Alarm Seminar.
http://www.afaa.org/afaa/PDF/ADV_Chicago_July2003.pdf

------------------
August 5-7, 2003 St. Louis, MO
------------------
Intermediate Fire Alarm Seminar
http://www.afaa.org/afaa/PDF/IntFA_StLouis_Aug2003.pdf

------------------
August 19-21, 2003 Denver, CO - Co-sponsored by Rocky Mtn AFAA
------------------
Intermediate Fire Alarm Seminar
More information will be available soon.

------------------
September 15-18, 2003 Oakland, CA - Sponsored by CAFAA
------------------
Plan Review Seminar
Intermediate Fire Alarm Seminar
More information will be available soon.

------------------
September 16-18, 2003 Boston, MA - Sponsored by New England AFAA
------------------
Fire Alarm System Testing and Inspections Seminar
Automatic Fire Detection and Fire Alarm Systems Seminar (Fund.)
More information will be available soon.

------------------
September 22-25, 2003 Lafayette, LA - Sponsored by LA AFAA
------------------
Fire Alarm System Testing and Inspections Seminar
Intermediate Fire Alarm Seminar
More information will be available soon.

------------------
October 8-9, 2003 Wichita, KS - Sponsored by KS AFAA
------------------
Plans Review Seminar.
Fire Alarm System Testing and Inspections Seminar.
More information will be available soon.

------------------
October 15-17, 2003 Boston, MA - Sponsored by New England AFAA
------------------
Intermediate Fire Alarm Seminar
More information will be available soon.

------------------
October 21-23, 2003 Anchorage, AK
------------------
Advanced Fire Alarm Seminar
More information will be available soon.

------------------
November 3-6, 2003 Anaheim, CA - Sponsored by CAFAA
------------------
Plan Review Seminar
Advanced Fire Alarm Seminar
More information will be available soon.

------------------
November 4-7, 2003 Boston, MA - Sponsored by New England AFAA
------------------
Advanced Fire Alarm Seminar
More information will be available soon.

------------------
November 21, 2003 Reno, NV
------------------
Plan Review Seminar
More information will be available soon.

------------------
December 2-4, 2003 Phoenix, AZ - Co-sponsored by AZ AFAA
------------------
Advanced Fire Alarm Seminar
More information will be available soon.

------------------
December 9-11, 2003 San Antonio, TX - Co-sponsored by TX AFAA
------------------
Advanced Fire Alarm Seminar
More information will be available soon.

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COMMENTS AND ACKNOWLEDGEMENTS
================================================================

Engineering Technician info: http://www.bls.gov/oco/ocos112.htm

ET News is published weekly and if possible, delivered on Sunday

ET News php/MySQL site by: Doug Hockinson http://metrodenver.org

The NICET acronym found herein refers to http://www.nicet.org
NATIONAL INSTITUTE FOR CERTIFICATION IN ENGINEERING TECHNOLOGIES

The AFAA acronym found herein refers to http://www.afaa.org
AUTOMATIC FIRE ALARM ASSOCIATION "AFAA is celebrating 50 years!"
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This reprinted material is not the complete and official position of the NFPA on the referenced subject, which is represented only by the standard in its entirety.