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Found 25 results

  1. Just wondering if anyone was familiar with the Buck Town Contractors ASBCA case confirming the Government's failure to identify a defect during construction is a constructive waiver of the specifications? This would seem to have rather significant ramifications on Government inspection, acceptance, and payment of invoices on construction contracts. 60939, 60940, 60941 Buck Town Contractors & Co. 12.17.19.pdf
  2. Is signing/accepting on the civil engineering block of AF 3000s an inherently governmental function? Our civil engineering office has contracted employees working as project managers that, in the past, have signed material submittals. We do not use CORs.
  3. I have an upcoming modification to a construction contract for work within scope, which will increase the contract price by <$150k. The Payment and Performance Bonds have been required by the contract and provided by the Contractor. In all previous modifications, the Government has paid the Contractor's bond rate for each increase. IAW FAR 28.102-2(d), if the contract price increases, the Government must secure any additional bonding needed. Is there any wiggle room on this? We only have a certain amount of funding and applying the bond rate to the Contractor's proposal puts us
  4. Far 36.301(b)(3) - Use of Two-Phase Design Build Selection Procedures lists the following criteria to be considered by CO's in order to use design build selection procedures in construction projects. 3) The following criteria have been considered: (i) The extent to which the project requirements have been adequately defined. (ii) The time constraints for delivery of the project. (iii) The capability and experience of potential contractors (iv) The suitability of the project for use of the two-phase selection method. (v) The capability of the agency to manag
  5. The VA has experienced a couple of warranty issues and a power outage that are the direct result of the contractor’s work. Construction was completed and the VA had taken beneficial occupancy and given final acceptance of the building. Since that time the VA has experienced several warranty issues; two of which have caused significant additional cost to the facility. Split Fittings: Fittings installed on water lines to sinks began failing almost immediately after beneficial occupancy and there have been multiple failures since then. Over time (6 months or so) the VA was able to con
  6. I had a brainstorming function the other day where we discussed what evaluation factors we would want to use in a few construction requirements. The usual evaluation factors that seem to be universally used came up such as Résumés, Experience, Past Performance, Bonding etc. The RFP will be set-aside for small businesses and the evaluation method is going to be LPTA. What’s noticeable about the evaluation factors we came up with is that all but one of them could be tied to one of the general standards of responsibility at 9.104-1, which would require the referral of any lowest priced offe
  7. Good morning and happy EOFY16. I'm interested in knowing how other construction teams structure their IDIQs in terms of reconciling RS Means labor rates with Prevailing wage labor rates (assuming RS Means is the required pre-priced UPB required under contract). Here are my assumptions: I've looked through the RS Means cost data labor rates at the back of each cost data book and note that the national union rates are generally up or down, but mostly below prevailing wages. I've noted that RS Means uses a City Cost Index (CCI) to apply a rate adjustment based on locality which is often
  8. A little advice: Has anyone ever encountered a VA Employee contacting an outside union, like the Pipefitters Union and asking them to visit a construction site of a Construction Contract you are currently administering. Is there any regulation from preventing a VA Employee, with no stake in the project, from contacting Union Reps outside of the VA? Is there any case law stating the legality of such an action? On the surface, to me, this seems highly irregular but I want to find out if anyone else has dealt with such an issue. Any insight into this would be greatly appreciated, if you
  9. I'd be interested to know how Operational DoD offices have been handling the surveillance requirements for construction contracts. Under FAR 46.4, - Quality assurance surveillance plans should be prepared in conjunction with the preparation of the statement of work. Under DFARS 246-401 - For contracts for services, the contracting officer should prepare a quality assurance surveillance plan to facilitate assessment of contractor performance, see 237.172. ... (this seems to imply FAR 37 Service contracting - does FAR 37 Service contracting include construction? Under Subpart 37.3 -
  10. Under FAR Clause 52.222-11 - Subcontracts (Labor Standards) , does the actual reporting requirements stop at the Prime, or at the contracting officer? Fixed Price Construction IDIQ. All contractors/subcontractors are SB. As an example: Prime uses one subcontractor. The subcontractor (acts like a prime and) subcontracts all of the actual work. The Prime does not interpret 52.222-11 to mean that all of the document generation requirements under this clause get sent to the CO; rather, submittals like Payroll, Form 1413, Apprentice Certifications and such stop at the Prime. Prime believes the
  11. Regarding the use of Unit Pricing Books such as RS Means which provides pre-priced, construction cost data for estimation purposes -for those you out there that use this method for price comparison in your Construction contracts, do you consider your evaluations to be accurate? What if your Prime is a construction management firm that takes 15% and subcontracts the rest out?
  12. The FAR does not seem consistent when it comes to classifying construction as either a type of service, or its own separate "construction" category outside of a service. I think this is important to know so that clause prescriptions that say "include in contracts for services" are applied appropiately to construction contracts. Here is the evidence I found to support both determinations: Evidence that construction is NOT a service:Ask a Professor: Construction is a separate entity covered in FAR Part 36 and is not considered a supply or a service (https://dap.dau.mil/aap/pages/qdetails.aspx
  13. In a fixed price construction contract procured via FAR Part 15 procedures, who owns the float in the schedule? The contractor's schedule submitted after award and accepted by the government showed an early completion date for the work. The contractor maintains that they own the float in the schedule, meaning that time between their planned completion date and the completion date of the contract. A little internet research tells me that the commercial market place has three schools of thought: 1. The contractor owns the flow; 2. the owner owns the float; and 3. the project owns the float. I
  14. FFP construction contract in SC. Competitive IFB, SDVOSB set-aside. Question on behalf of the prime contractor. The government is required to promptly reimburse a contractor the cost of performance and payment bond premiums per FAR 52.232-5(g). Bonding companies generally require prime contractors also obtain bonds from subcontractors for subcontracts over a certain threshold (usually $250k for small-midsize companies). The prime contractor has several instances of where the subcontractor bond premium was reimbursed by the government along with the prime’s own bond premium AND several inst
  15. I am at a base level operational contracting office. A new DoDi came out 26 Mar 15 - number 500.72 - titled DoD Standard for Contracting Officer's Representative Certification. Apparently this new instruction mandates COR's for construction contracts and the inclusion of these COR's in the CORT tool. Am I missing something, but haven't COR's always been required for construction contracts? The reason I am curious is anyone else trying to come up with a plan to comply with this requirement? Does anyone else within DoD use CORT tool for their construction CORs ? This office has had 'inspe
  16. Contract Type: Design Build - FFP Scenario: First tier subcontractor to prime contractor refuses to submit its invoices in the schedule of values format required by the prime contract. Background: 1. The prime contractor incorporated the schedule of values invoicing requirement into the subcontract; subcontractor concurred and signed subcontract. 2. Subcontractor attempts to "front load" charges into its invoices and demands prime contractor pay subcontractor well in advance of what prime can bill government for said charges under the required schedule of values. 3. Prime contractor contacts
  17. I am a contractor working on a FFP electrical construction project for the Navy in SE Georgia. The contracting office is planning to change the CO and ACO. I know this is fully within their right, but the CO and ACO they are planning are individuals that I have worked with before. They are abusive, don’t act in good-faith, and would basically be considered “high maintenance”. Do I, as the contractor, have any right to object to the change? Had these individuals been identified in these roles from the beginning, my price may have been different or I may not have bid the project in the firs
  18. Help! I am a prime contractor working on a (competitively bid, edwosb set-aside) FFP Air Force construction project in NW Florida. I am processing a change order and the government contracting officer is indicating that I will not be able to add overhead and profit markups on my subcontractor’s markups. I AM permitted to account for my additional labor, materials, and supervision hours (with markups), and normal OH and profit markup to the subcontractor’s direct cost, but NO OH or profit markup on the portion of my total subcontractor’s price that result from his OH and profit markup. Thes
  19. Help! I am a prime contractor working on a (competitively bid, edwosb set-aside) FFP Air Force construction project in NW Florida. I am processing a change order and the government contracting officer is indicating that I will not be able to add overhead and profit markups on my subcontractor’s markups. I AM permitted to account for my additional labor, materials, and supervision hours (with markups), and normal OH and profit markup to the subcontractor’s direct cost, but NO OH or profit markup on the portion of my total subcontractor’s price that result from his OH and profit markup. Thes
  20. There is currently a topic of great debate in our office and I would like to get some additional opinions on the subject. When a contractor has requested an extension to the period of performance based upon excusable delays due to unusually severe weather experienced on a construction contract, what is the proper modification authority? I would be highly interested in reviewing any associated case law on the subject. The majority opinion is that the Contracting Officer may extend the period of performance citing FAR 52.249-10 - Default (Fixed-Price Construction) as the modification authority.
  21. A few years ago, an official (Army? Corps of Engineers?) issued what I think was a policy letter explaining why construction is not a commercial item/service. Has that letter (that I can't find now) been superseded or rescinded by another letter or DFAR/FAR regulation? After many internet, DFAR, & FAR searches, I turn to you for help! Thanks!
  22. Who owns possession of the contruction site of a full building renovation? Senario: The A&E left a piece of equiptment off the drawings for salvage and was partially demoed by the construction contractor. The Government informed the contractor that this piece of equoptment was to stay and be reinstalled once the building was complete. The item stayed in the building for over one year and is now missing. Who is at fault. The Governmnet placed original fault on the A&E firm for the inaccurracy in the drawings. However, once a decision was made to salvage the equiptment and it had been in
  23. Question: In the context of FAR Part 45 and proper disposition of government property upon task completion, how should the contractor account for and dispose of the remnants of incidental construction "modifications" (fencing, etc.) to a leased space/facilty? Background: Contractor has been tasked to provide services on a cost reimbursable contract for which a facility lease is required (deemed incidental to the services). The costs for lease, maintenance, and "modifications" to the facility were proposed and direct charged to the task. In order to render the facility suitable for the
  24. So I am seeking opinions, and hopefully evidence. I want to consider the DFARS definition of consolidation of requirements only, and not to even discuss bundling, my scenario is OCONUS and FAR 19 for the most part doesn't apply and neither does bundling. However, DFARS part 7 does apply and there is debate regarding how to apply the definition of consolidation to construction requirements. DFARS -207.170-2 Definitions. “Consolidation of contract requirements” means the use of a solicitation to obtain offers for a single contract or a multiple award contract to satisfy two or more requirement
  25. Good day! My question is about selecting the correct labor law to apply to a subcontractor. If the subcontractor is performing a "service" on a DBA construction site, employs no laborers, mechanics, apprentices, trainees or helpers, is the work subject to the Service Contract Act or Davis Bacon Act? Anxiously awaiting your response!
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