US Army Corps of Engineers

BUILDING STRONG®

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: 655-1508

U.S. Army Corps of Engineers

20 May 2010

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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.

Preface

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Agenda Acronyms and Terms

Post-Award

► Key Personnel

► Contract Documents

► Repetitive Issues

Discussion and Questions

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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.

Mission

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Acronyms and Terms

Military

Army

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)

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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

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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;

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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.

BUILDING STRONG®

EVALUATION OF PERFORMANCE ELEMENTS

9

FOR OFFICIAL USE ONLY (WHEN COMPLETED)

DD FORM 2626, JUN 94

PART III - EVALUATION OF PERFORMANCE ELEMENTSCONTRACT NUMBER NA

N/A = NOT APPLICABLE O = OUTSTANDING A = ABOVE AVERAGE S = SATISFACTORY M = MARGINAL U = UNSATISFACTORY

N/A O A S M U N/A O A S M U15.QUALITY CONTROL

a. QUALITY OF WORKMANSHIP X

b. ADEQUACY OF THE CQC PLAN X

c. IMPLEMENTATION OF THE CQCPLAN

X

d. QUALITY OF QCDOCUMENTATION

X

e. STORAGE OF MATERIALS X

f . ADEQUACY OF MATERIALS X

g. ADEQUACY OF SUBMITTALS X

h. ADEQUACY OF QC TESTING X

i. ADEQUACY OF AS-BUILTS X

j. USE OF SPECIFIED MATERIALS X

k. IDENTIFICATION / CORRECTIONOF DEFICIENT WORK IN A TIMELYMANNER

X

17.TIMELY PERFORMANCE

a. ADEQUACY OF INITIAL PROGRESSSCHEDULE

X

b. ADHERENCE TO APPROVEDSCHEDULE

X

c. RESOLUTION OF DELAYS X

d. SUBMISSION OF REQUIREDDOCUMENTATION

X

e. COMPLETION OF PUNCHLISTITEMS

X

f . SUBMISSION OF UPDATED ANDREVISED PROGRESS SCHEDULES

X

g. WARRANTY RESPONSE X

16.EFFECTIVENESS OF MANAGEMENT

a. COOPERATION AND RESPONSIVENESS X

b. MANAGEMENT OF RESOURCES /PERSONNEL X

c. COORDINATION AND CONTROL OFSUBCONTRACTORS X

d. ADEQUACY OF SITE CLEAN-UP X

e. EFFECTIVENESS OF JOB-SITESUPERVISION X

f . COMPLIANCE WITH LAWS ANDREGULATIONS X

g. PROFESSIONAL CONDUCT X

h. REVIEW/RESOLUTION OFSUBCONTRACTOR'S ISSUES X

i. IMPLEMENTATION OFSUBCONTRACTING PLAN X

18.COMPLIANCE WITH LABORSTANDARDS

a. CORRECTION OF NOTED DEFICIENCIES X

b. PAYROLLS PROPERLY COMPLETEDAND SUBMITTED X

c. COMPLIANCE WITH LABOR LAWSAND REGULATIONS WITH SPECIFICATTENTION OF THE DAVIS-BACONACT AND EEO REQUIREMENTS X

19.COMPLIANCE WITH SAFETYSTANDARDS

a. ADEQUACY OF SAFETY PLAN X

b. IMPLEMENTATION OF SAFETY PLAN X

c. CORRECTION OF NOTED DEFICIENCIES X

20.REMARKS (Explanation of unsatisfactory evaluation is required. Other comments are optional. Provide facts concerning specif icevents or actions to justify the evaluation. These data must be in suff icient detail to assist contracting off icers in determining thecontractor's responsibility. Continue on separate sheet(s), if needed.)

EVALUATOR REMARKS:

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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

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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).

Pre-Award

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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)

Post Award

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Contract Bonds (Award + 14 days)

Type of bonds per contract.

Protects both parties.

Mid-contract partial bonding.

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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.

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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 5500.7R.

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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 e-mail and minutes are taken

by the Contractor.

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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.

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Mutual Understanding Meetings

Provides detailed discussion of contract

specific topics.

Invitees incl Subject Matter Experts (SME).

Common meetings include Safety and

Quality Control.

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“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.

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“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.

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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).

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Accident Prevention Plan

AKA the “Safety Plan” and requires written Government acceptance.► Requires accompanying Activity Hazard Analysis

(AHA’s).

IAW EM 385-1-1 (15 Sep 08 & yellow in color)

Reviewed and approved by the Contractor’s approved Safety Officer and accepted by the Corp’s COR.

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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

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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.

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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.

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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.

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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).

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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).

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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) close-

out.

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EVALUATION OF PERFORMANCE ELEMENTSFOR OFFICIAL USE ONLY (WHEN COMPLETED)

DD FORM 2626, JUN 94

PART III - EVALUATION OF PERFORMANCE ELEMENTSCONTRACT NUMBER NA

N/A = NOT APPLICABLE O = OUTSTANDING A = ABOVE AVERAGE S = SATISFACTORY M = MARGINAL U = UNSATISFACTORY

N/A O A S M U N/A O A S M U15.QUALITY CONTROL

a. QUALITY OF WORKMANSHIP X

b. ADEQUACY OF THE CQC PLAN X

c. IMPLEMENTATION OF THE CQCPLAN

X

d. QUALITY OF QCDOCUMENTATION

X

e. STORAGE OF MATERIALS X

f . ADEQUACY OF MATERIALS X

g. ADEQUACY OF SUBMITTALS X

h. ADEQUACY OF QC TESTING X

i. ADEQUACY OF AS-BUILTS X

j. USE OF SPECIFIED MATERIALS X

k. IDENTIFICATION / CORRECTIONOF DEFICIENT WORK IN A TIMELYMANNER

X

17.TIMELY PERFORMANCE

a. ADEQUACY OF INITIAL PROGRESSSCHEDULE

X

b. ADHERENCE TO APPROVEDSCHEDULE

X

c. RESOLUTION OF DELAYS X

d. SUBMISSION OF REQUIREDDOCUMENTATION

X

e. COMPLETION OF PUNCHLISTITEMS

X

f . SUBMISSION OF UPDATED ANDREVISED PROGRESS SCHEDULES

X

g. WARRANTY RESPONSE X

16.EFFECTIVENESS OF MANAGEMENT

a. COOPERATION AND RESPONSIVENESS X

b. MANAGEMENT OF RESOURCES /PERSONNEL X

c. COORDINATION AND CONTROL OFSUBCONTRACTORS X

d. ADEQUACY OF SITE CLEAN-UP X

e. EFFECTIVENESS OF JOB-SITESUPERVISION X

f . COMPLIANCE WITH LAWS ANDREGULATIONS X

g. PROFESSIONAL CONDUCT X

h. REVIEW/RESOLUTION OFSUBCONTRACTOR'S ISSUES X

i. IMPLEMENTATION OFSUBCONTRACTING PLAN X

18.COMPLIANCE WITH LABORSTANDARDS

a. CORRECTION OF NOTED DEFICIENCIES X

b. PAYROLLS PROPERLY COMPLETEDAND SUBMITTED X

c. COMPLIANCE WITH LABOR LAWSAND REGULATIONS WITH SPECIFICATTENTION OF THE DAVIS-BACONACT AND EEO REQUIREMENTS X

19.COMPLIANCE WITH SAFETYSTANDARDS

a. ADEQUACY OF SAFETY PLAN X

b. IMPLEMENTATION OF SAFETY PLAN X

c. CORRECTION OF NOTED DEFICIENCIES X

20.REMARKS (Explanation of unsatisfactory evaluation is required. Other comments are optional. Provide facts concerning specif icevents or actions to justify the evaluation. These data must be in suff icient detail to assist contracting off icers in determining thecontractor's responsibility. Continue on separate sheet(s), if needed.)

EVALUATOR REMARKS:

BUILDING STRONG®

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

BUILDING STRONG®

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

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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

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ARRA (cont) What is reported

Award Recipient Information

Award Information

Project Information

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ARRA (cont) Where to report & Why

Where

►www.FederalReporting.gov

►Reports published on www.Recovery.gov

Why?

►Fosters accountability & transparency

►Tracking tool for Office of Management &

Budget

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Questions?