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
US Army Corps of Engineers
BUILDING STRONG®
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.
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BUILDING STRONG®
Agenda
 Acronyms and Terms
 Post-Award
► Key
Personnel
► Contract
Documents
► Repetitive
Issues
 Discussion and Questions
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BUILDING STRONG®
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.
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BUILDING STRONG®
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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BUILDING STRONG®
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
BUILDING STRONG®
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;
BUILDING STRONG®
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
FOR OFFICIAL USE ONLY (WHEN COMPLETED)
CONTRACT NUMBER
PART III - EVALUATION OF PERFORMANCE ELEMENTS
N/A = NOT APPLICABLE
O = OUTSTANDING
15.QUALITY CONTROL
N/A
A = ABOVE AVERAGE
O
A
S
M
S = SATISFACTORY
NA
M = MARGINAL
U 16.EFFECTIVENESS OF MANAGEMENT
a. QUALITY OF WORKMANSHIP
b. ADEQUACY OF THE CQC PLAN
c. IMPLEMENTATION OF THE CQC
PLAN
X
X
X
a. COOPERATION AND RESPONSIVENESS
b. MANAGEMENT OF RESOURCES /
PERSONNEL
d. QUALITY OF QC
DOCUMENTATION
X
c. COORDINATION AND CONTROL OF
SUBCONTRACTORS
e. STORAGE OF MATERIALS
f. ADEQUACY OF MATERIALS
g. ADEQUACY OF SUBMITTALS
X
X
X
X
X
X
X
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
N/A
e. EFFECTIVENESS OF JOB-SITE
SUPERVISION
X
g. PROFESSIONAL CONDUCT
h. REVIEW/RESOLUTION OF
SUBCONTRACTOR'S ISSUES
S
M
U
X
X
X
X
18.COMPLIANCE WITH LABOR
STANDARDS
a. CORRECTION OF NOTED DEFICIENCIES
X
b. ADHERENCE TO APPROVED
SCHEDULE
X
b. PAYROLLS PROPERLY COMPLETED
AND SUBMITTED
X
c. RESOLUTION OF DELAYS
d. SUBMISSION OF REQUIRED
DOCUMENTATION
X
X
X
e. COMPLETION OF PUNCHLIST
ITEMS
X
c. COMPLIANCE WITH LABOR LAWS
AND REGULATIONS WITH SPECIFIC
ATTENTION OF THE DAVIS-BACON
ACT AND EEO REQUIREMENTS
19.COMPLIANCE WITH SAFETY
STANDARDS
f. SUBMISSION OF UPDATED AND
REVISED PROGRESS SCHEDULES
X
g. WARRANTY RESPONSE
X
a. ADEQUACY OF SAFETY PLAN
b. IMPLEMENTATION OF SAFETY PLAN
c. CORRECTION OF NOTED DEFICIENCIES
X
X
X
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:
A
X
d. ADEQUACY OF SITE CLEAN-UP
f. COMPLIANCE WITH LAWS AND
REGULATIONS
O
X
X
X
i. IMPLEMENTATION OF
SUBCONTRACTING PLAN
X
U = UNSATISFACTORY
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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®
Pre-Award
 Pre-Award Stage
Orientation – submit written questions
► Solicitation – FedBizOps; “late is late”
► Proposals and Bids –
► Site
• Design-Build (DB) Solicitations.
 Best Value selection process.
• Design-Bid-Build (DBB) Solicitations.
 Best Value selection process.
 Low-Price, Technically Acceptable (LPTA).
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BUILDING STRONG®
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)
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BUILDING STRONG®
Contract Bonds (Award + 14 days)
 Type of bonds per contract.
 Protects both parties.
 Mid-contract partial bonding.
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BUILDING STRONG®
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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BUILDING STRONG®
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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BUILDING STRONG®
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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BUILDING STRONG®
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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BUILDING STRONG®
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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BUILDING STRONG®
“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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BUILDING STRONG®
“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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BUILDING STRONG®
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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BUILDING STRONG®
Accident Prevention Plan
 AKA the “Safety Plan” and requires written
Government acceptance.
► Requires
(AHA’s).
accompanying Activity Hazard Analysis
 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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BUILDING STRONG®
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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BUILDING STRONG®
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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BUILDING STRONG®
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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BUILDING STRONG®
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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BUILDING STRONG®
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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BUILDING STRONG®
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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BUILDING STRONG®
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-SafetyEnvironmental, is our business.
 Current environment dictates an on-time completion with
an integrated (punch-list, comm/data, furniture) closeout.
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BUILDING STRONG®
EVALUATION OF PERFORMANCE ELEMENTS
FOR OFFICIAL USE ONLY (WHEN COMPLETED)
CONTRACT NUMBER
PART III - EVALUATION OF PERFORMANCE ELEMENTS
N/A = NOT APPLICABLE
O = OUTSTANDING
15.QUALITY CONTROL
N/A
A = ABOVE AVERAGE
O
A
S
M
S = SATISFACTORY
NA
M = MARGINAL
U 16.EFFECTIVENESS OF MANAGEMENT
a. QUALITY OF WORKMANSHIP
b. ADEQUACY OF THE CQC PLAN
c. IMPLEMENTATION OF THE CQC
PLAN
X
X
X
a. COOPERATION AND RESPONSIVENESS
b. MANAGEMENT OF RESOURCES /
PERSONNEL
d. QUALITY OF QC
DOCUMENTATION
X
c. COORDINATION AND CONTROL OF
SUBCONTRACTORS
e. STORAGE OF MATERIALS
f. ADEQUACY OF MATERIALS
g. ADEQUACY OF SUBMITTALS
X
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
U = UNSATISFACTORY
N/A
O
X
X
X
g. PROFESSIONAL CONDUCT
h. REVIEW/RESOLUTION OF
SUBCONTRACTOR'S ISSUES
X
X
X
X
18.COMPLIANCE WITH LABOR
STANDARDS
a. CORRECTION OF NOTED DEFICIENCIES
X
X
b. ADHERENCE TO APPROVED
SCHEDULE
X
b. PAYROLLS PROPERLY COMPLETED
AND SUBMITTED
c. RESOLUTION OF DELAYS
d. SUBMISSION OF REQUIRED
DOCUMENTATION
X
X
e. COMPLETION OF PUNCHLIST
ITEMS
X
c. COMPLIANCE WITH LABOR LAWS
AND REGULATIONS WITH SPECIFIC
ATTENTION OF THE DAVIS-BACON
ACT AND EEO REQUIREMENTS
19.COMPLIANCE WITH SAFETY
STANDARDS
f. SUBMISSION OF UPDATED AND
REVISED PROGRESS SCHEDULES
X
g. WARRANTY RESPONSE
X
a. ADEQUACY OF SAFETY PLAN
b. IMPLEMENTATION OF SAFETY PLAN
c. CORRECTION OF NOTED DEFICIENCIES
X
X
X
X
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.)
30
EVALUATOR REMARKS:
U
X
i. IMPLEMENTATION OF
SUBCONTRACTING PLAN
X
M
X
X
f. COMPLIANCE WITH LAWS AND
REGULATIONS
X
X
e. EFFECTIVENESS OF JOB-SITE
SUPERVISION
S
X
d. ADEQUACY OF SITE CLEAN-UP
X
A
X
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
BUILDING STRONG®
ARRA Overview (cont)
Who/What/When
Prime Contractors/
Sub Contractors
Federal Agencies
(USACE)
 Registers each ARRA
project awarded
 Submits quarterly project
progress reports
 Tracks each ARRA
project it administers
 Performs Quality
Assurance (QA) on the
reports submitted by the
contractors
BUILDING STRONG®
ARRA (cont) What is reported
 Award Recipient Information
 Award Information
 Project Information
BUILDING STRONG®
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
BUILDING STRONG®
Questions?
36
BUILDING STRONG®