Session no. G I WON A CONSTRUCTION CONTRACT, NOW WHAT DO I DO? (Sequel)

Transcription

1 Session no. G I WON A CONSTRUCTION CONTRACT, NOW WHAT DO I DO? (Sequel) Dennis Chung P. E. Resident Engineer Schofield Barracks Area Office Ph: U.S. Army Corps of Engineers 20 May 2010 US Army Corps of Engineers

2 Preface Learn about the Corps and Honolulu District s construction contract expected deliverables after contract award and challenges in meeting requirements in a timely manner. Ideas to minimize delays and maintain a steady product delivery to meet contract completion date. 2

3 Acronyms and Terms Post-Award Key Personnel Contract Documents Repetitive Issues Agenda Discussion and Questions 3

4 Mission One of OUR missions is to execute and deliver quality facilities for our customers within time and budget Timely construction contract startup enables continued progress toward this mission. 4

5 Military Army Acronyms and Terms Corps of Engineers Staff (KO, ACO, COR, AE, RE, PE, QAR) Systems (QCS, RMS, ECATTS, CCASS) Documents (EM385; DD Forms 1354, 1391; Eng Form 4025, 4288, 93; RFP) Plans (APP, EPP, NAS, AHA) 5

6 Contract Relationships KO Contracting Officer ACO Administrative Contracting Officer AE Area Engineer RE Resident Engineer COR Contracting Officer s Representative PE Project Engineer QAR Quality Assurance Representative

7 Who Are These Guys? Contracting Officer (KO) Signs contract; decides if changes can be made; makes changes; has final decision. Administrative Contracting Officer (ACO) Authority from KO to make limited changes. Area Engineer (AE) & Resident Engineer (RE) Contracting Officer s Representative (COR) Authority from KO signed by COR & KTR Administers construction contract Pay requests; Request for Information (RFI); Submittals;

8 Who Are These Guys? (cont) Project Engineer (PE) On-site administration & direction of one or more construction contracts. PE will typically have COR authority. Quality Assurance Representative (QAR) On-site administration and primary POC for KTR & Customer. Receives and coordinates QC Plan, AHA, Submittals, RFI and initiates Pay Requests. Cannot change any term or condition of specification or drawings without KO s written authorization. May stop work due to safety violations.

9 EVALUATION OF PERFORMANCE ELEMENTS FOR OFFICIAL USE ONLY PART III - EVALUATION OF PERFORMANCE ELEMENTS 9 (WHEN COMPLETED) CONTRACT NUMBER NA N/A = NOT APPLICABLE O = OUTSTANDING A = ABOVE AVERAGE S = SATISFACTORY M = MARGINAL U = UNSATISFACTORY 15.QUALITY CONTROL N/A O A S M U 16.EFFECTIVENESS OF MANAGEMENT N/A O A S M U a. QUALITY OF WORKMANSHIP a. COOPERATION AND RESPONSIVENESS b. ADEQUACY OF THE CQC PLAN b. MANAGEMENT OF RESOURCES / c. IMPLEMENTATION OF THE CQC PLAN PERSONNEL d. QUALITY OF QC DOCUMENTATION e. STORAGE OF MATERIALS f. ADEQUACY OF MATERIALS g. ADEQUACY OF SUBMITTALS h. ADEQUACY OF QC TESTING i. ADEQUACY OF AS-BUILTS j. USE OF SPECIFIED MATERIALS k. IDENTIFICATION / CORRECTION OF DEFICIENT WORK IN A TIMELY MANNER 17.TIMELY PERFORMANCE a. ADEQUACY OF INITIAL PROGRESS SCHEDULE b. ADHERENCE TO APPROVED SCHEDULE c. RESOLUTION OF DELAYS d. SUBMISSION OF REQUIRED DOCUMENTATION e. COMPLETION OF PUNCHLIST ITEMS f. SUBMISSION OF UPDATED AND REVISED PROGRESS SCHEDULES g. WARRANTY RESPONSE c. COORDINATION AND CONTROL OF SUBCONTRACTORS d. ADEQUACY OF SITE CLEAN-UP e. EFFECTIVENESS OF JOB-SITE SUPERVISION f. COMPLIANCE WITH LAWS AND REGULATIONS g. PROFESSIONAL CONDUCT h. REVIEW/RESOLUTION OF SUBCONTRACTOR'S ISSUES i. IMPLEMENTATION OF SUBCONTRACTING PLAN 18.COMPLIANCE WITH LABOR STANDARDS a. CORRECTION OF NOTED DEFICIENCIES b. PAYROLLS PROPERLY COMPLETED AND SUBMITTED c. COMPLIANCE WITH LABOR LAWS AND REGULATIONS WITH SPECIFIC ATTENTION OF THE DAVIS-BACON ACT AND EEO REQUIREMENTS 19.COMPLIANCE WITH SAFETY STANDARDS a. ADEQUACY OF SAFETY PLAN b. IMPLEMENTATION OF SAFETY PLAN c. CORRECTION OF NOTED DEFICIENCIES 20.REMARKS (Explanation of unsatisfactory evaluation is required. Other comments are optional. Provide facts concerning specific events or actions to justify the evaluation. These data must be in sufficient detail to assist contracting officers in determining the contractor's responsibility. Continue on separate sheet(s), if needed.) EVALUATOR REMARKS:

10 EVALUATION OF PERFORMANCE ELEMENTS (cont) N/A O A S M U 15. QUALITY CONTROL 16. EFFECTIVENESS OF MANAGEMENT 17. TIMELY PERFORMANCE 18. COMPLIANCE W/ LABOR STANDARDS 19. COMPLIANCE W/ SAFETY STANDARDS

11 Pre-Award Pre-Award Stage Site Orientation submit written questions Solicitation FedBizOps; late is late Proposals and Bids Design-Build (DB) Solicitations. Best Value selection process. Design-Bid-Build (DBB) Solicitations. Best Value selection process. Low-Price, Technically Acceptable (LPTA). 11

12 Post Award Post Award Contract Bonds (Contract award+14) Notice To Proceed (NTP) Ground Breaking Ceremony (Optional) Pre-Design/Pre-Construction Conf (NTP+10) Quality Control System (QCS) Startup (NTP+10) Mutual Understanding Meetings (Pre-con+30) Plans Key Personnel/Organization Plan (NTP+10) Accident Prevention Plan (NTP+10) Environmental Protection Plan (NTP+10) Excavation & Burn Permits (NTP+20) Preliminary Schedule, NAS Format (NTP+20) Initial Submittals (NTP+20) Quality Control Plan (NTP+30) 12

13 Contract Bonds (Award + 14 days) Type of bonds per contract. Protects both parties. Mid-contract partial bonding. 13

14 Notice To Proceed (NTP) Receipt of the NTP via letter signed by the Contracting Officer. Acknowledgement by the Contractor initiates the contract performance period. The NTP is issued after bond certification. 14

15 Ground Breaking Ceremony Unsolicited nor discouraged, this ceremony may be held at the expressed desire of the Contractor. Contractor shall conduct the first and second phase of the Corps 3-phase quality control procedures, Preparatory and Initial, prior to the ceremony. Ceremony shall conform to DoD s Joint Ethics Regulation, DoD R. 15

16 Pre-Design/Pre-Construction Conference Scheduled as soon as possible after receipt of the NTP, the conference generally has 2 parts, one with just the Contractor s Key Personnel and the other with general invitees to include CUSTOMER (DPW), PPM, Using Agency, Resident Office, Fire Department, NEC (DOIM), PMO, Safety and any other contract related agencies. Invitations are sent out via and minutes are taken by the Contractor. 16

17 Quality Control System (QCS) Construction software system linked to the Corps QA management software, RMS. Used to submit documents electronically. Permission access by the Corps. Web based software. Linked to Primavera 6 scheduling software. 17

18 Mutual Understanding Meetings Provides detailed discussion of contract specific topics. Invitees incl Subject Matter Experts (SME). Common meetings include Safety and Quality Control. 18

19 The Team Key Personnel/Organization Plan Tree identifying Contractor s staffing and the supervisory functions/chain of command. Includes resumes with information that meet minimum contract requirements. Provides personnel representing Contractor s company and signature authority for all future documents. Living document, updated as changes occur. 19

20 The Team On-site (cont) Key Personnel/Organization Plan PROJECT MANAGER Experience based position. QUALITY CONTROL MANAGER (QCM) Certification and experience based position. SITE SAFETY & HEALTH OFFICER (SSHO) Certification and experience based position. SUPERINTENDENT Experience based position. 20

21 Initial Plans Governed by the specifications and unique to every contract or task order, initial plans are key to starting construction, and are submitted as a regular contract submittal. Examples: Organization Plan, Accident Prevention Plan (APP), Environmental Protection Plan (EPP), Preliminary Schedule (in NAS format), initial material submittals, long-lead material submittals and the Quality Control Plan (utilizing 3-phase). 21

22 Accident Prevention Plan AKA the Safety Plan and requires written Government acceptance. Requires accompanying Activity Hazard Analysis (AHA s). IAW EM (15 Sep 08 & yellow in color) Reviewed and approved by the Contractor s approved Safety Officer and accepted by the Corp s COR. 22

23 Accident Prevention Plan (cont) Asbestos Abatement Plan Confined Space Plan Critical Lift Plan Demolition Plan Emergency Response Plan Formwork/Shoring Plan Hazardous Communication Plan Respiratory Protection Plan A-E Design Safety Plan 23

24 Environmental Protection Plan Project specific and requires written Government acceptance. Reviewed and approved by KTR s Safety Officer and the Corps COR. Includes NPDES Form C and Best Management Practices (BMP s) previously submitted to the State of Hawaii Clean Water Branch. 24

25 Excavation Permit Contractor submitted and routed through different agencies. Required for any subsurface disturbance (usually starting with temporary construction fencing). May require Cultural Monitor Current form available upon request. 25

26 Preliminary/Initial Schedule Detailed analysis of first 60 days with rough outline of entire project. In data exchange format, most commonly Primavera software. Includes narrative. Requires KTR s Project Manager & COR approval. Subsequent monthly updates as attachment to Progress Payments. 26

27 Initial Submittals Covers any documents submitted to the Government other than certified letters. Uses form ENG Form 4025 as cover. Requires Contractor s Quality Control Manager (QCM) approval. Startup and long lead materials, followed by sequential material requirements. Utility outage requests (120 days for electrical, 45 days for water, Aqua Engr permit for wastewater). 27

28 Quality Control Plan Requires approval of the KTR s Quality Control Manager & Corps COR. QC = Contractor vs QA = Government Includes detailed QC utilizing the Corps 3-Phase plan, Preliminary-Initial-Follow-up quality control procedures. Detailed Coverage at Mutual Understanding Meeting. Separate QC Plan required for design under DB contracts, by Designer of Record (DOR). 28

29 Contract Progress Successful projects have successful starts. All documents are living & require constant review & updates when applicable. 3-Phase QC & QA program continues through contract closeout. Equilateral Triangle approach, Quality Control-Safety- Environmental, is our business. Current environment dictates an on-time completion with an integrated (punch-list, comm/data, furniture) closeout. 29

30 EVALUATION OF PERFORMANCE ELEMENTS FOR OFFICIAL USE ONLY PART III - EVALUATION OF PERFORMANCE ELEMENTS 30 (WHEN COMPLETED) CONTRACT NUMBER NA N/A = NOT APPLICABLE O = OUTSTANDING A = ABOVE AVERAGE S = SATISFACTORY M = MARGINAL U = UNSATISFACTORY 15.QUALITY CONTROL N/A O A S M U 16.EFFECTIVENESS OF MANAGEMENT N/A O A S M U a. QUALITY OF WORKMANSHIP a. COOPERATION AND RESPONSIVENESS b. ADEQUACY OF THE CQC PLAN b. MANAGEMENT OF RESOURCES / c. IMPLEMENTATION OF THE CQC PLAN PERSONNEL d. QUALITY OF QC DOCUMENTATION e. STORAGE OF MATERIALS f. ADEQUACY OF MATERIALS g. ADEQUACY OF SUBMITTALS h. ADEQUACY OF QC TESTING i. ADEQUACY OF AS-BUILTS j. USE OF SPECIFIED MATERIALS k. IDENTIFICATION / CORRECTION OF DEFICIENT WORK IN A TIMELY MANNER 17.TIMELY PERFORMANCE a. ADEQUACY OF INITIAL PROGRESS SCHEDULE b. ADHERENCE TO APPROVED SCHEDULE c. RESOLUTION OF DELAYS d. SUBMISSION OF REQUIRED DOCUMENTATION e. COMPLETION OF PUNCHLIST ITEMS f. SUBMISSION OF UPDATED AND REVISED PROGRESS SCHEDULES g. WARRANTY RESPONSE c. COORDINATION AND CONTROL OF SUBCONTRACTORS d. ADEQUACY OF SITE CLEAN-UP e. EFFECTIVENESS OF JOB-SITE SUPERVISION f. COMPLIANCE WITH LAWS AND REGULATIONS g. PROFESSIONAL CONDUCT h. REVIEW/RESOLUTION OF SUBCONTRACTOR'S ISSUES i. IMPLEMENTATION OF SUBCONTRACTING PLAN 18.COMPLIANCE WITH LABOR STANDARDS a. CORRECTION OF NOTED DEFICIENCIES b. PAYROLLS PROPERLY COMPLETED AND SUBMITTED c. COMPLIANCE WITH LABOR LAWS AND REGULATIONS WITH SPECIFIC ATTENTION OF THE DAVIS-BACON ACT AND EEO REQUIREMENTS 19.COMPLIANCE WITH SAFETY STANDARDS a. ADEQUACY OF SAFETY PLAN b. IMPLEMENTATION OF SAFETY PLAN c. CORRECTION OF NOTED DEFICIENCIES 20.REMARKS (Explanation of unsatisfactory evaluation is required. Other comments are optional. Provide facts concerning specific events or actions to justify the evaluation. These data must be in sufficient detail to assist contracting officers in determining the contractor's responsibility. Continue on separate sheet(s), if needed.) EVALUATOR REMARKS:

31 EVALUATION OF PERFORMANCE ELEMENTS (cont) N/A O A S M U 15. QUALITY CONTROL 16. EFFECTIVENESS OF MANAGEMENT 17. TIMELY PERFORMANCE 18. COMPLIANCE W/ LABOR STANDARDS 19. COMPLIANCE W/ SAFETY STANDARDS

32 ARRA Overview Requirement - Section 1215 of the 2009 Recovery Act requires Prime Contractors, Sub Contractors & Federal Agencies to submit data for federally awarded contracts funded under the Recovery Act

33 ARRA Overview (cont) Who/What/When Prime Contractors/ Sub Contractors Registers each ARRA project awarded Submits quarterly project progress reports Federal Agencies (USACE) Tracks each ARRA project it administers Performs Quality Assurance (QA) on the reports submitted by the contractors

34 ARRA (cont) What is reported Award Recipient Information Award Information Project Information

35 ARRA (cont) Where to report & Why Where Reports published on Why? Fosters accountability & transparency Tracking tool for Office of Management & Budget

36 Questions? 36