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Programs for our mid-year meeting are almost finalized; and as you know, we have made plans to hold this meeting in Houston, Texas. There were several reasons for this decision but the most important was to reach out to "fellow" women contractors in the area. The women contracting community was adversely impacted by a recent disparity study that found discrimination against women in the construction industry did not exist in Houston and therefore removed women from the affirmative action program. By WCOE members gathering in Houston, we hope to express our support of women businesses in the area and also provide our members with outstanding programs. One such session will discuss how to secure contracting opportunities with the Federal Government from the prime....to subcontractor....to supplier levels. Also, Deborah Wilder, former WCOE National President and current legislative chair will bring us up to the minute on recent federal legislation impacting our businesses. Social networking is always one of the highlights of our conferences. Please come prepared with business cards and be ready to share your stories, knowledge and experiences with old and new friends. WCOE is a very unique organization that is strengthened by the quality and information sharing of its members....we need your participation to make our organization even better. See you in Houston! Regards, Theresa Kern Inside This Issue 1 Message from the President 1 Quote of the Month 2 Upcoming Events 2 House Passes Small Business Jobs and Credit Act 2 Support for ConsensusDocs Construction Contracts Grows as WCOE Joins Coalition 3 WCOE Central Region Report 4 Executive Director’s Report 5 California Court Rules on Proposition 209 Challenge 5 Congress is in Recess Time for a Visit 6 Tentative Schedule for WCOE 2010 Mid-Year Meeting 7 WCOE 2010 Mid-Year Meeting Registration Form T U R N I N G Point VOLUME 27 ISSUE 7 WOMEN CONSTRUCTION OWNERS & EXECUTIVES, USA August 2010 WCOE, USA National Office 1004 Duke Street Alexandria, VA22314 Phone: (800) 788-3548 Fax: (202) 330-5151 E-mail: [email protected] Website: www.wcoeusa.org Gina Marton, Executive Director Quote of the Month “What is success? I think it is a mixture of having a flair for the thing that you are doing; knowing that it is not enough, that you have got to have hard work and a certain sense of purpose.” ~Margaret Thatcher Message from the President By Theresa Kern

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Page 1: T U R N I N G - WCOEwcoeusa.org/sites/default/files/August 2010 Turning Point.pdf · Building Information Modeling (BIM) Integrated Project Delivery (IPD) Green Building Design-Build

Programs for our mid-year meeting are almost finalized; and as you

know, we have made plans to hold this meeting in Houston, Texas.

There were several reasons for this decision but the most important

was to reach out to "fellow" women contractors in the area. The

women contracting community was adversely impacted by a recent

disparity study that found discrimination against women in the

construction industry did not exist in Houston and therefore removed

women from the affirmative action program.

By WCOE members gathering in Houston, we hope to express our

support of women businesses in the area and also provide our

members with outstanding programs. One such session will discuss

how to secure contracting opportunities with the Federal Government

from the prime....to subcontractor....to supplier levels. Also, Deborah

Wilder, former WCOE National President and current legislative chair

will bring us up to the minute on recent federal legislation impacting

our businesses. Social networking is always one of the highlights of

our conferences. Please come prepared with business cards and be

ready to share your stories, knowledge and experiences with old and

new friends.

WCOE is a very unique organization that is strengthened by the

quality and information sharing of its members....we need your

participation to make our organization even better. See you in

Houston!

Regards,

Theresa Kern

Inside This Issue

1 Message from the President

1 Quote of the Month

2 Upcoming Events

2 House Passes Small Business Jobs and Credit Act

2 Support for ConsensusDocs Construction Contracts Grows as WCOE Joins

Coalition 3 WCOE Central Region

Report 4 Executive Director’s

Report 5 California Court Rules on

Proposition 209

Challenge 5 Congress is in Recess –

Time for a Visit 6 Tentative Schedule for

WCOE 2010 Mid-Year Meeting

7 WCOE 2010 Mid-Year Meeting Registration Form

T U R N I N G Point

VOLUME 27 ISSUE 7

WOMEN CONSTRUCTION OWNERS & EXECUTIVES, USA

August 2010

WCOE, USA National Office

1004 Duke Street

Alexandria, VA22314

Phone: (800) 788-3548

Fax: (202) 330-5151

E-mail: [email protected]

Website: www.wcoeusa.org

Gina Marton, Executive Director

Quote of the Month

“What is success? I think it is a mixture of having a flair for

the thing that you are doing; knowing that it is not

enough, that you have got to have hard work and a

certain sense of purpose.”

~Margaret Thatcher

Message from the President By Theresa Kern

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PAGE 2 TURNING POINT

WCOE Mid-Year Meeting

October 17 – 18, 2010

Houston, TX

More information on page 7

Upcoming Events

(If you know of events, that you would like to see added to this section of the Turning Point,

please email the information to Gina Marton, Executive Director at: [email protected])

House Passes Small Business Jobs and Credit Act

By Deborah Wilder

Support for ConsensusDOCS Construction Contracts Grows as WCOE Joins Coalition

Last month, the House passed the Small Business Jobs and Credit

Act. The bill deals with the regulation of banking and the mandate

that small business loans be part of the Recovery Funding. The Bill

establishes a $30 billion Small Business Lending Fund (SBLF).

Additionally, it requires each institution receiving a capital

investment under the program to: (1) issue a quarterly report

detailing new loans to small businesses; and (2) state on its internet

website that, as a participant in the program, it is seeking to make

small business loans to qualified borrowers and may not

discriminate on the basis of any factor prohibited under the Equal

Credit Opportunity Act, including race, color, religion, national

origin, sex, marital status, or age. For more information, you can

view the full text of the bill at: http://thomas.loc.gov/cgi-

bin/bdquery/z?d111:h.r.05297:

The bill was blocked by a Republican filibuster last week in the

Senate. However, there is some thought that the bill may be passed

later this year with some additional amendments.

WCOE has announced that it has joined the ConsensusDOCS coalition, which creates standard contract

documents for use by all participants in the construction industry.

ConsensusDOCS are the first and only industry standard contracts written and endorsed by 27 leading

construction organizations. ConsensusDOCS help you achieve better results for your construction projects!

Unlike other standard contracts, ConsensusDOCS fairly allocate risk to help reduce adversarial negotiations and

costly contingencies while creating a better contractual foundation. With 90+ documents, editable to meet your

project-specific needs, they are cost-effective and address cutting-edge issues as well as practical needs,

including:

Building Information Modeling (BIM) Integrated Project Delivery (IPD)

Green Building Design-Build

Electronic Communications Owner Financial Information

WCOE endorses ConsensusDOCS, and as a WCOE member, you are entitled to a 20% discount on all

ConsensusDOCS products! We will be sending out a special email to members with ConsensusDOCS order

forms and a WCOE promotion code to receive the discount.

WCOE Members:

Do you have news, announcements, or

articles about your company that you

would like people to know about?

Email them to Kim Reome at

[email protected] to have

them posted online on WCOE’s

LinkedIn and Twitter pages. To have

items posted in the Turning Point, please

email them to Gina Marton at

[email protected].

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PAGE 3 TURNING POINT

The Central region of WCOE continues to email daily any information on

current projects out for bid to all members of the Central Region unless the

member requests to be removed from the list. If you are not on the list,

please contact April Ramirez at [email protected] to be added.

WCOE members attended a National Nuclear Security Administration

(NNSA) informational meeting held on July 21st. This meeting stated the

goals set for the NNSA plant project and an introduction of the selected

contractors that are taking bids for various bid packages.

We have also informed members by email of an informational meeting

being offered by the City of KCMO regarding "Mastering the Maze of

Bidding" in Kansas City to be held on August 5th.

WCOE's Central Region will be holding an October Luncheon with the

Minority and Women Coalition of Greater Kansas City. This will be an

informational luncheon about the processes used by various government

agencies in the bidding process.

President – Theresa Kern MA Steel Erectors Worth, IL (708) 597-5810 [email protected]

Senior Vice President – Rosana Privitera-Biondo Mark One Electric Company, Inc. Kansas City, MO (816) 842-7023 [email protected] Vice President – Rosemary R. Barbour Alcatec, LLC Flowood, MS (601) 368-4542 [email protected]; [email protected]

Secretary – Caryn Boisen Larson King, LLP St. Paul, MN (651) 312-6529

[email protected]

Treasurer – Kristine Cook Lindsey CEI Group Howell, MI (517) 548-0039 [email protected] Immediate Past President – Deborah Wilder Contractors Compliance and Monitoring San Mateo, CA (650) 551-5583 [email protected] Corporate Alliance Partner Chair – Karen Corbin A and H Insurance Reno, NV (775) 829-2600 [email protected]

Membership Chair – Lee Cunningham Bay Tank and Boiler Works Eureka, CA (707) 443-0934

[email protected]

East Central Regional Director – Gina Raffin Scale Construction Chicago, IL [email protected]

Central Regional Director - Jane Weiland Gateway Building Products of Missouri Kansas City, MO [email protected]

Western Regional Director – Sandi Sinicrope ASF Millworks & Design, Inc. Alhambra, CA [email protected]

North Eastern Regional Director - Deborah Bradley Deborah Bradley Constr. & Management Services, Inc. New York, NY [email protected]

WCOE Executive Committee and Regional Directors

WCOE Central Region Report By Jane Weiland and Rosie Privitera-Biondo

Rosie Privitera-Biondo

(above) and Jane

Weiland (below)

Jane Weiland

WCOE Central Regional Director

Rosie Privitera-Biondo

WCOE Senior Vice President

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PAGE 4 TURNING POINT

Executive Director’s Report

By Gina Marton

On Monday, July 26 I attended the 2010 OSDBU Small Business Vendor Day in the beautiful offices

of the U.S. Department of Transportation in Washington, D.C. which focused on procurement

opportunities at USDOT with an emphasis on Women Owned Small Businesses (WOSBs). The

Vendor Day included panel sessions on issues related to WOSBs and public policy and initiatives

underway at the DOT to promote contracting and networking opportunities for small businesses.

Secretary of Transportation, Ray LaHood along with OSDBU Director, Brandon Neal, and Executive

Director of the White House Council on Women and Girls, Tina Tchen, addressed the attendees and

announced the expansion of the USDOT’s Women and Girls Internship program to encourage young

women to pursue careers in the transportation infrastructure industry and inspire them to enter the

science, engineering, and technology fields. The DOT program will now expand from one to all

eleven Offices of Small and Disadvantaged Business Utilization (OSDBU) regions enabling young

women from colleges and universities across the country to participate. The program, based on a

successful pilot with Spelman College in Atlanta in 2009, is part of a broader effort led by the White

House Council on Women and Girls to ensure that programs and polices of federal executive

departments and agencies take into account the distinct needs and concerns of women and girls.

One of the OSDBU panels moderated by Ginger Lew, Senior Counselor to the Director of National

Economic Council and presented by Congresswoman Laura Richardson and Congresswoman Donna

Edwards, discussed public policy and congressional updates. In their presentation they talked about

their awareness for changes that need to take place on a number of issues women-owned firms have

been struggling to change for many years such as achieving a uniform certification process,

unbundling contracts, and to have better reporting, just to name a few. They also discussed House

Bill H.R. 4814 called the “Not Too Small to Succeed in Business Act” also known as the “Small

Business Reform Act of 2010”, which was introduced in March 2010. This bill addresses the need to

raise the net worth and income caps, to extend eligibility limits, and increase participation periods in

the program.

Also this month, WCOE is proud to announce that we have signed a memorandum of understanding

with ConsensusDOCS and are now part of the ConsensusDOCS Coalition which creates standard

contract documents for use by all participants in the construction industry. As ConsensusDOCS

partners, WCOE members will receive a 20% discount on the purchase of all of their contract

documents and products. For more information see page 2.

Lastly, we are looking forward to seeing you in October at our Mid-Year Meeting in Houston, where

we have an excellent program and networking opportunities lined up for you. The conference agenda

and registration form are included in the Turning Point so be sure to register soon!

Gina Marton

WCOE Executive Director

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PAGE 5 TURNING POINT

While Congress is in recess in August, this is a perfect time for WCOE members to visit your

representatives from Congress and the Senate. Remember to take along a copy of WCOE’s position

California Court Rules on Proposition 209 Challenge By Deborah Wilder

By Carol J. Patterson ~ Senior Partner at Zeitlan & De Chiara LLP

The California voters approved Proposition 209 at the November 1996 general election, adding Section 31 to

Article I of the state Constitution. Section 31 declares that the State, including its political subdivisions, “shall

not discriminate against, or grant preferential treatment to, any individual or group on the basis of race, sex,

color, ethnicity, or national origin in the operation of public employment, public education, or public

contracting.” (§ 31, subd. (a)). San Francisco continues to maintain certain ordinances regarding the use of

women and minority owned business enterprises in regards to the award of city contracts. The City argues that

these procurement goals are an exception to Section 31 in order to keep the City eligible for the receipt of federal

funds.

In 2000, the California Supreme Court held that Section 31 invalidated the City of San Jose’s public contracting

program because it mandated participation goals for, and preferential outreach efforts directed to, MBE’s and

WBE’s (Hi-Voltage, supra, 24 Cal.4th 537, 562-565).

Coral Construction then filed suit against the City of San Francisco challenging the local ordinance. The superior

court granted the plaintiff’s motion for summary judgment stating the City’s ordinance was not an exception to

Section 31 and was not necessary to maintain eligibility for federal funds.

The California Supreme Court ruled last week Section 31 poses no obstacle to federal funding requirements and

race- or gender-conscious measures required by federal law or the federal Constitution would be allowed in

California. In order to defeat Coral Construction’s summary judgment motion, San Francisco would have to

show that triable issues of fact exist on each of the factual predicates for its federal compulsion claim, namely:

(1) that the City has purposefully or intentionally discriminated against MBE’s and WBE’s; (2) that the

purpose of the City’s 2003 ordinance is to provide a remedy for such discrimination; (3) that the ordinance is

narrowly tailored to achieve that purpose; and (4) that a race- and gender-conscious remedy is necessary as the

only, or at least the most likely, means of rectifying the resulting injury. If any of these points can be resolved as

a matter of law in the plaintiff’s favor, it follows that the City cannot establish federal compulsion and that the

plaintiffs are entitled to summary judgment. The matter was remanded back to the lower court for review and

opinion. To read the full court opinion, go to:

http://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=1884612&doc_no=S152934

paper (found on our website) and also remind your Congress member that we support Senator Olympia Snowe’s bipartisan

bill Fairness in Women-Owned Small Business Contracting Act of 2010. The bill is still in the Senate Small Business

Committee, but could use our help to keep moving.

The Fairness in Women-Owned Small Business Contracting Act of 2010 will provide women entrepreneurs with the tools

they need to compete fairly in the federal contracting arena by allowing for receipt of non-competitive contracts when

circumstances permit. Moreover, the legislation would eliminate a restriction on the dollar amount of a contract that

women-owned small businesses can compete for, putting them on a level playing field with the other federal small

business socio-economic contracting programs. The federal government has consistently failed to meet its annual

women’s contracting goal of five percent, and this legislation will assist in satisfying, if not exceeding that goal. (Read

more at http://snowe.senate.gov/public/index.cfm?FuseAction=PressRoom.PressReleases&ContentRecord_id=d0135437-

802a-23ad-49c1-5f82e8e1cbf4).

Congress is in Recess – Time for a Visit

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PAGE 6 TURNING POINT

Tentative Schedule for WCOE 2010 Mid-Year Meeting

8:00 am Breakfast Buffet

Welcome and State of the Organization: Theresa Kern, WCOE National President

Legislative Updates and How to Identify and Bid on ARRA Funded Projects in Your Area:

Deborah Wilder, WCOE Legislative Chair

Presentation: Strategies and Tactics to Win Federal Contracts:

How to be a Successful in this Demanding but Lucrative Market Gloria Berthold Larkin, President

TargetGov at Marketing Outsource Associates, Inc.

Presentation: Bonding

TBD

Lunch

Presentation: "Not Too Small to Succeed in Business Act of 2010"

Congresswoman Sheila Jackson-Lee - Tentative

Presentation: Disparity Studies

Colette Holt, Attorney at Law - Tentative

Presentation: Beyond Low Bid – Building Profitable Relationships for Growth

Wendy Kram, President Entrespect

5:00 - 7:00 pm

Networking Reception

1004 Duke Street, Alexandria, VA 22314 p (800) 788-3548 f (202) 330-5151 www.wcoeusa.org

Women Construction Owners & Executives, USA

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PAGE 7 TURNING POINT