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EM_385-1-1 para 01.A.17a - The SSHO Shall: (1) Be a full-time responsibility. However, our experience is that on certain construction contracts the Superintendent can serve as SSHO. Other contracts have allowed for the QC Manager to also fulfill this role. It is only when the specifications state "SSHO shall have no other duties" do we have a sole individual fulfill the duties of SSHO. Question is, if EM_385 states "full-time responsibility" do the specifications take precedence? I haven't found a FAR that really addresses EM_385 or the like. Would EM_385 be considered an attachment?

Sorry, took me a several attempts to read your responses in full and have time to ponder without interruptions. Where this question stemmed is that I prepared a schedule and one of the activities was installation of scaffolding. Then I cost loaded this activity so that I could be paid once it was progressed onsite. I also had an activity for removing it and cost for that as well. The response I received is that it isn't work in place and therefore I wasn't entitled to be paid. The justification was that if the contract was terminated then I would have received payment from something that USACE does not own or would have no rights to in this event. They are requesting that I take the cost of the scaffold and spread it across all the activities it supports. My objection is that I won't be paid in full for the scaffolding till all the work is complete, when the scaffold subcontractor will be billing for erection once in place. My approach was that this was preparatory work and that I should be paid. But, it doesn't sound like it is truly preparatory work.

Joel, if you have a moment to look into your archives it would be appreciated. The remaining of the Contract has no specific language pertaining to preparatory work. Scaffolding will be used erected by prime and used by several subcontractors for access to the work locations. Thank you

We are presently in Contract with a new USACE District. Our experience with multiple (>3) other USACE Districts is that when preparing our schedule of values for payment we can assign cost to to preparatory work, such as scaffolding or containment. We believe this is supported by FAR 52.252-5 para b2. However, this new district is saying that the cost of the scaffolding or other preparatory work needs to be included with the activities that the scaffolding is being put in place for and that it will be paid as a percentage as the other activities are completed. Our objection is that we will spend considerable money up front to pay for the erection of the scaffolding, but will only be fully compensated when the other activities are completed. Has anyone ran into this before? Is there any reference material that I could use to educate the project delivery team?