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(vanity) Trump can build (most of?) wall before emergency declaration kicks in?
seen on Facebook ^ | 2/18/19 | NewJerseyJoe

Posted on 02/18/2019 5:11:25 AM PST by NewJerseyJoe

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To: Raycpa
I can’t recall or even think of a scenario where a contractor would perform this type of project without payment as you describe. Major construction contracts such as this will require multiple payments at start-up, incremental progress payments, and a final payment at project close. I have occasionally also used incentive payments for project completion before a certain date and payment penalties for not making a deadline. All this is precisely defined in contracts and heavily predicated on conformance with engineering and business specifications.

The are some exceptions for private finance of major infrastructure that come to mind such as toll roads where there is revenue involved that goes to the builder. This revenue is used as collateral for bank loans.

21 posted on 02/18/2019 7:37:29 AM PST by Hootowl99
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To: MichaelCorleone
Is that true? Is President Trump more worried about politics than stopping drug/human trafficking and the illegal invasion? I believe PDJT is more compassionate than that! I believe Donald J. Trump values doing the right thing more than playing politics with the lives of Americans!

If he is defeated, it is all for naught. So the #1 concern must be re-election.

22 posted on 02/18/2019 7:49:08 AM PST by montag813 ("This is Montag, Block 813...")
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To: MichaelCorleone

President Trump has been building the wall since his first day in office. Large sections in CA and TX are completed. More is on the way. The MSM is reporting NONE of this.


23 posted on 02/18/2019 7:49:15 AM PST by Louis Foxwell (The denial of the authority of God is the central plank of the Progressive movement.)
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To: Raycpa
Keep in mind that the work can be done before having to pay contractors. The contractors could be financing much of the costs. Under what provisions of the FAR (Federal Acquisition Regulations) or FASA (Federal Acquisition Streamlining Act) is this possible?
24 posted on 02/18/2019 7:58:28 AM PST by Go Gordon (I gave my dog Grady a last name - Trump - because he loves tweets.)
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To: Louis Foxwell

That’s good news!

Is there a reason neither Rush or Sean or Mark or Ann or Michelle or Laura or FOX or FBN didn’t hammer that point home more so that more of the base was fully aware? Seems that it would have helped.

Or am I missing something?


25 posted on 02/18/2019 8:04:14 AM PST by MichaelCorleone (Jesus Christ is not a religion. He's the Truth.)
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The border is 1,954 miles (3,145 km) long, with about 650 miles of various types
of fencing already in place through California, Arizona, New Mexico and Texas.

Trump's wall: How much has been built so far?
5 January 2019

26 posted on 02/18/2019 8:30:26 AM PST by deport
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To: Daniel Ramsey

There has been serious tall fence construction going on along the border since Trump took office. Much of it was built as “repair/replace” existing fence. To understand what has been taking place google pictures of various old border fence, especially vehicle barriers and compare to recently built fence. There is no comparison so to me it is definitely replacement of old with totally new fence. Is it a wall? Depends on the definition of wall.

The new fence I am familiar with has several feet of concrete underground with tall metal panels attached. President Trump has himself backed off of a solid cement wall structure- early on when Border Patrol told him they needed to be able to see through any border barrier for their safety and to do their job more effectively. A Border Patrol spokesman said his definition of a wall is a serious see-through fence structure, with road for patrolling, along with technology. He said that combination is a wall to him. That definition is good enough for me, but may not be with others. Using that definition of a wall there has been many sections built since President Trump took office, in fact it has been continual progress in different areas of the border. There was/is a section planned near Yuma, Arizona that is to begin in March/April.

There are many articles, videos, photographs of the ongoing fence/wall building that has been taking place. There may be jobs in progress right now, but the ones I am familiar with recently ended with completed contracts.

I have lived on the border for decades and I can tell you every piece of serious fence has been a fight to get. Where I live our border fence right now is barb wire cattle fence. I would be very pleased to have the type of border fencing in our area that has been built in other areas since Trump took office.


27 posted on 02/18/2019 8:32:30 AM PST by Tammy8
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To: deport
Note the use of

fencing

with about 650 miles of various types
of fencing already in place

28 posted on 02/18/2019 8:35:19 AM PST by deport
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To: Hootowl99

I have contractor clients and it is more than common for them to finish jobs with amounts receivable. Some contracts even call for retainers that can last for over a year after completion.

I agree that the contractor has earned the revenues and I agree that payments are made during long term contracts but there is always time from when the job is finished to when the contractor is paid.

It is good practice for the contractor to be sure that during the contract they are not out of pocket for materials and labor but that is not always possible.


29 posted on 02/18/2019 8:38:00 AM PST by Raycpa
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To: MichaelCorleone

I can only surmise but my best guess is he wants to have the project largely completed before it hits the news cycle.


30 posted on 02/18/2019 8:54:28 AM PST by Louis Foxwell (The denial of the authority of God is the central plank of the Progressive movement.)
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To: Go Gordon

PROGRESS PAYMENT FORM 1443 - SPECIAL TOPIC AR-8
This Special Topic first discusses the progress payment billing form 1443 in general, then goes on to provide instructions on generating this form from Deltek GCS Premier.

Basic Concepts
Progress payment billings are sometimes used for fixed price contracts that require a long lead time before deliveries under the contract can be made to the government, or when substantial amounts of money must be spent before the contractor becomes eligible for partial payments on deliveries.

The provisions for billing progress payments are stipulated in Federal Acquisition Regulation (FAR) 52.232-16. Any contractor considering progress payments should become very familiar with the provisions outlined in this FAR clause and the instructions on the back of Form 1443.

When a contract has been approved for billing with progress payments, the total costs multiplied by a “progress payment percentage” (usually between 80 and 95%) are billable as incurred. Bills cannot be sent more often than monthly. If the contract was awarded as a “large business” contract, certain ODCs must be computed using the cash basis. Payments to subcontractors who are using progress payments can be reimbursed in full. The government allows this because the costs have already been multiplied by the “progress payment percentage.”

https://help.deltek.com/Product/GCSPremier/50/progress_payment_form_1443_-_special_topic_ar-8.htm


31 posted on 02/18/2019 8:57:56 AM PST by Raycpa
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To: NewJerseyJoe

Not an expert. I will post information.

Summary. The congress has the power to overrule emergency declarations by passing a joint resolution.

Think about how it would work letting a judge or 3 or a state block the response to a national emergency. That’s why the law gives the power to 1 person, the commander-in-chief with the congress as a check and balance. Trump should tell the courts they have no standing, but he has already referred to the appeal process.

Info coming. Maybe an expert will chime in.


32 posted on 02/18/2019 9:03:51 AM PST by morphing libertarian (Use Comey's Report; Indict Hillary now; build Kate's wall. --- Proud Smelly Walmart Deplorable)
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To: morphing libertarian

This is why Trump should declare that the judiciary has no say in the response to national emergency. The code below gives congress the responsibility for checks and balances on emergency declarations. They can overrule with joint resolution.

You can’t ensure national security when your response is subject to judicial fiat of 1 or 3 judges.

Cal announced they will file a suit against the declaration. The governor says it interferes with their drug interdiction program (LOL),

no standing for a court or state to over turn an emergency decree. Only congress. But Trump’s stamens this morning indicates he will go through the court process possibly delaying construction till he loses the election.

The court should spank Pelosi and send her back to the house without supper. Below is her recourse.

If he cannot build more than 55 miles, he will not be re-elected.

The president should put the court on notice that they have no standing in national emergencies. The check and balance on the president’s emergency powers is the congress. You can’t respond to emergencies when any judge can overrule your actions.

The congress can terminate a president’s emergency declaration. THAT is the check and balance on presidential power. Trump should tell the court, you have no jurisdictions for emergencies. The country cannot respond to emergencies on the basis of judicial fiat.

HERE IS SOME INFO.

What the Law Does

The NEA authorizes the president to declare a national emergency, which declaration activates emergency powers contained in other federal statutes.3 During the 2009 H1N1 influenza pandemic, the president’s declaration of a national emergency under the NEA, coupled with the HHS secretary’s prior determination of a public health emergency under Section 319 of the Public Health Service Act (PHSA), permitted the activation of Social Security Act (SSA) Section 1135 waiver authorities. (See Figure A for the text of the 2009 H1N1 NEA declaration.)

How the Law Works
The NEA does not provide any specific emergency authority on its own, but relies on emergency authorities provided in other statutes. A national emergency declaration allows for the activation of these other statutory authorities. Emergency statutory provisions are not activated automatically, however; they must be specifically identified in the president’s declaration before these authorities may be given effect.

Declaration
NEA Section 201 authorizes the president to declare a national emergency. The proclamation of a national emergency must be immediately transmitted to Congress and published in the Federal Register.1,2 Under NEA Section 301, statutory emergency authorities enabled by the national emergency declaration cannot be exercised until the president specifies the provisions of law under which the president or other officials will act. Such specification may be made either in the declaration or in subsequent Executive Orders published in the Federal Register and transmitted to Congress.

Termination
A national emergency can be terminated if the president issues a proclamation or if Congress enacts a joint resolution terminating the emergency. A national emergency will terminate automatically upon the anniversary of the proclamation unless the president renews the proclamation by transmitting notice to Congress within a 90-day period prior to the anniversary date and publishing it in the Federal Register.

Immunity and Liability Issues
The national emergency provisions of the NEA do not address liability issues or provide any immunity. The act could be used to activate emergency authorities in other federal statutes that provide immunity during emergency events.

How the Law Affects States
National emergency declarations under the NEA can impact states through the federal statutory emergency authorities activated once the NEA declaration is made. The most recent example of this effect was the activation of SSA Section 1135 waiver authority during the H1N1 influenza pandemic.

FIGURE A
DECLARATION OF A NATIONAL EMERGENCY WITH RESPECT TO THE 2009 H1N1 INFLUENZA PANDEMIC
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA
A PROCLAMATION
October 24, 2009

“NOW, THEREFORE, I, BARACK OBAMA, President of the United States of America, by virtue of the authority vested in me by the Constitution and the laws of the United States, including sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et seq.) and consistent with section 1135 of the Social Security Act (SSA), as amended (42 U.S.C. 1320b-5), do hereby find and proclaim that, given that the rapid increase in illness across the Nation may overburden health care resources and that the temporary waiver of certain standard Federal requirements may be warranted in order to enable U.S. health care facilities to implement emergency operations plans, the 2009 H1N1 influenza pandemic in the United States constitutes a national emergency. Accordingly, I hereby declare that the Secretary may exercise the authority under section 1135 of the SSA to temporarily waive or modify certain requirements of the Medicare, Medicaid, and State Children’s Health Insurance programs and of the Health Insurance Portability and Accountability Act Privacy Rule throughout the duration of the public health emergency declared in response to the 2009 H1N1 influenza pandemic. In exercising this authority, the Secretary shall provide certification and advance written notice to the Congress as required by section 1135(d) of the SSA (42 U.S.C. 1320b-5(d)).”4


33 posted on 02/18/2019 9:04:50 AM PST by morphing libertarian (Use Comey's Report; Indict Hillary now; build Kate's wall. --- Proud Smelly Walmart Deplorable)
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To: morphing libertarian

from lexisnexis

A joint resolution, H.J. Res. or S.J. Res., is a legislative proposal that requires the approval of both Chambers and the signature of the President, just as a bill does, in order to have the force of law.

Joint resolutions from each House are assigned a number in the order in which they are introduced. Joint resolutions may be introduced in either Chamber and generally are used for limited matters such as continuing or emergency appropriations or the designation of a commemorative holiday.

There is little practical difference between bills and joint resolutions, although only a joint resolution may be used to propose amendments to the Constitution. In the case of a Constitutional amendment, the signature of the President is not required, but three-quarters of the states must ratify the proposed amendment before it can become part of the Constitution.

Prior to the 77th Congress (1941), laws enacted by joint resolutions were numbered separately from bills in the Statutes at Large, but since that time there has been no distinction made between laws that were introduced as bills and laws that were introduced as joint resolutions.


34 posted on 02/18/2019 9:05:40 AM PST by morphing libertarian (Use Comey's Report; Indict Hillary now; build Kate's wall. --- Proud Smelly Walmart Deplorable)
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To: MichaelCorleone

The Democrats dug in to support open borders and illegal immigration before Trump took office. This has been an ongoing battle on the border for many years.

All of the things you suggested are indeed things that need to be done, this has been known for years. The thing is each one of those things will result in a battle as fierce as the one for the wall.

Make no mistake, the dims have made supporting the open border, illegal immigration their hill to die on. Any thing that helps secure the border or stop illegal immigration they will fight tooth and nail. I have my own ideas why that is, and it is not just “Trump derangement” they have for years fought any real progress to secure the border or enforce immigration law. Long before Trump ran for President, this battle has been going on.

In order to enforce any of our immigration laws we first have to secure the border. Nothing else will work until that is done. Last year illegal re-entries passed first time illegal entries. Deporting people has no effect when they can simply come right back.

There has been a lot of enforcement going on, but to really crack down would be another battle with the dims and RINOs. The battle for border security had to be fought first. This will all be an unbelievable battle along the way. As amazing as it seems about half the country thinks we need an open border and supports illegal immigration. Most of them have no clue what the reality of that would be, but they are convinced that is what they support.


35 posted on 02/18/2019 9:14:25 AM PST by Tammy8
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To: MichaelCorleone

“President would have taken advantage of this years ago, no?”

Trump has stated he wanted to get the
appropriations thru Congress with a
bipartisan agreement, knowing that the
course of action he’s now forced to take,
would be tied up in the courts for a
while. This also has a political twist,
as it exposed the left’s agenda.


36 posted on 02/18/2019 11:45:06 AM PST by Lean-Right (Eat More Moose)
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