I would like to get some guidance or advice on what is common practice when working construction contracting:
Is the notice to proceed issued after all submittals have been submitted/approved? My position is to issue NTP after bonding and insurance have been verified, and the submittal process is part of the entire performance period up to competion and including final cleanup.
I have someone challenging me on this position and I have remained firm, so far. I told them they have 90 days from NTP to final completion and submittal process is part of that time. If the submittal process was arduous and lengthy, they could request with supporting documents/proof of such delay impacting their work schedule and we may consider an extension.
Is this a typical position or do my colleagues practice differently? Is there written guidance on this matter anywhere?
Looking forward to hearing back from you acquisition professionals!!
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CONSTRUCTION - NTP
Started by baierle, Apr 23 2009 05:36 PM
6 replies to this topic
#2
Vern Edwards
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Posted 23 April 2009 - 09:37 PM
I assume that you're talking about materials submittals and shop drawings. If so, the usual procedure is for the contractor to make submittals after issuance of the notice to proceed, during the course of the construction process. The process that you described is the more usual practice--the notice to proceed is issued after receipt of bonds and an insurance certificate. Here is a link to a Corps of Engineers manual about submittals: http://www.hnd.usace...de/cap/chp9.pdf.
#3
joel hoffman
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Posted 06 July 2010 - 10:10 AM
I assume that you're talking about materials submittals and shop drawings. If so, the usual procedure is for the contractor to make submittals after issuance of the notice to proceed, during the course of the construction process. The process that you described is the more usual practice--the notice to proceed is issued after receipt of bonds and an insurance certificate. Here is a link to a Corps of Engineers manual about submittals: http://www.hnd.usace...de/cap/chp9.pdf.
I recently discovered that NASA, as the current organization for maintaining the Unified Facilities Guide Specification (UFGS for Section 01 33 00 Submittals, has edited paragraph 1.1.1 Submittal Descriptions (SD) for SD01 "Preconstruction Submittals, to state that the NTP won't be issued until certain submittals were in and approved. NASA says that they don't issue NTP until all these submittals are in, which might add several months to the time needed to complete the project. After fighting with the Spec writers on this (representing HQUSACE), I thought they had fixed it.
However, I checked the website this morning and the pdf version essentially says that ALL submittals have to be in and approved before NTP or on-site construction may begin! I don't currently have SPECSINTACT, so I cant see how the editable version reads. AARGH.
It is possible that the original questioner's contract had the jacked-up guide spec in it, if they are with DoD or NASA.
#4
Guest_carl r culham_*
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Posted 07 July 2010 - 07:59 AM
Joel and Vern have identified general references on when the time is in or outside of the performrance time. Whether in or out should be stipulated in contract terms and conditions including the specifications. Absent well written terms and conditions that make it clear whether the submittal process is inside or outside the stipulated performance time you should also consider the governments own calculation of performance time that was inserted into the contract. Does this calculation allow for the submittal process timing in the performance time? If so in a specific contract instance your postion would be firm, if not then I would suggest your position would not be on solid ground.
Reference as well FAR Part 11.402. I think the FAR Council missed it just a little by not including the statement found in 11.402(a)(9) in 11.402(
as well. Submittal requirements should provide for dual obligation for completing the process in a timely manner by both contractor and government whether the submittal process is within the performance time or not.
Reference as well FAR Part 11.402. I think the FAR Council missed it just a little by not including the statement found in 11.402(a)(9) in 11.402(
as well. Submittal requirements should provide for dual obligation for completing the process in a timely manner by both contractor and government whether the submittal process is within the performance time or not.
#5
Vern Edwards
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Posted 07 July 2010 - 10:18 AM
For those who may not know, a Notice to Proceed does the following:
1. It authorizes the contractor to enter the construction site. Usually, a contractor does not have access to the site prior to receipt of the NTP. This control measure allows the owner (customer) to ensure that the contractor has bonds and insurance before it starts operations. This protects the owner from various liabilities that may arise from the contractor's operations.
2. It starts the clock on performance. A government construction contract will usually require the contractor to complete the work within a specified number of days following its receipt of a notice to proceed. See FAR 11.404(b) and also 52.211-10, Commencement, Prosecution, and Completion of Work (APR 1984).
Construction specifications will often state material or equipment requirements in general terms and require the contractor to obtain the government's approval of its specific implementation, e.g., by submitting descriptions of the particular items that it plans to install. These submittals are called "materials submittals." This gives the government a chance to make sure that the item that the contractor plans to use conforms to the specification. See FAR 52.236-5, Material and Workmanship (APR 1984), which is usually supplemented in the specification.
The issue here is whether the NTP should be issued before or after materials submittals have been submitted and approved. In my experience, it would be unusual to wait for approval of materials submittals before issuing a NTP. Materials submittals must be made and approved in the course of performance and within the completion schedule.
1. It authorizes the contractor to enter the construction site. Usually, a contractor does not have access to the site prior to receipt of the NTP. This control measure allows the owner (customer) to ensure that the contractor has bonds and insurance before it starts operations. This protects the owner from various liabilities that may arise from the contractor's operations.
2. It starts the clock on performance. A government construction contract will usually require the contractor to complete the work within a specified number of days following its receipt of a notice to proceed. See FAR 11.404(b) and also 52.211-10, Commencement, Prosecution, and Completion of Work (APR 1984).
Construction specifications will often state material or equipment requirements in general terms and require the contractor to obtain the government's approval of its specific implementation, e.g., by submitting descriptions of the particular items that it plans to install. These submittals are called "materials submittals." This gives the government a chance to make sure that the item that the contractor plans to use conforms to the specification. See FAR 52.236-5, Material and Workmanship (APR 1984), which is usually supplemented in the specification.
The issue here is whether the NTP should be issued before or after materials submittals have been submitted and approved. In my experience, it would be unusual to wait for approval of materials submittals before issuing a NTP. Materials submittals must be made and approved in the course of performance and within the completion schedule.
#6
DarrellMay
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Posted 24 April 2012 - 05:33 AM
I've got some problems with project management and construction management personnel not documenting things with our construction projects. I found out they weren't even using submittal registers to keep track of required submittals. I don't have time nor memory power to go back and make sure they're doing their job so as the KO, I implemented a procedure where a NTP is issued once all PRE-construction submittals have been approved. I'm not talking about material submittals/shop drawings/catalog cuts, etc. I have confidence in issuing the NTP for site work because I get a filled in submittal register with approval codes & dates of approvals (I know this isn't foolproof for cheaters) but this is the best way so far. Not standard procedure, I know, but we have a pretty heavy workload and some of those who've been around for a while know where to look for short-cuts to save themselves time and work.
I do the same for Design-Build once the contractor's design is approved and they're ready to break ground, I ask for the approved schedule and filled-in submittal register before I issue the NTP. When advertising the project, we have a fill-in schedule with some dates pre-filled in but the offerors fill in the open spaces and then we incorporate that schedule into the award. We let them tell us how many days (out of an overall maximum) they need to submit PRE-construction submittals.
Any comment on this?
I do the same for Design-Build once the contractor's design is approved and they're ready to break ground, I ask for the approved schedule and filled-in submittal register before I issue the NTP. When advertising the project, we have a fill-in schedule with some dates pre-filled in but the offerors fill in the open spaces and then we incorporate that schedule into the award. We let them tell us how many days (out of an overall maximum) they need to submit PRE-construction submittals.
Any comment on this?
#7
joel hoffman
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Posted 26 April 2012 - 04:26 PM
I didnt understand what your actual problem is. However, your method seems to add an appreciable amount of time to the project duration, especially for design-build projects, which are very time sensitive.
Our organization typically issues the NTP after the awardee obtains and forwards acceptable bonds and the required proof of insurance for work on a government installation.
The clock then starts ticking and the contract period includes all required submittals. The RFP should include a preliminary submittal register with ALL government idenified submitals and deliverables from the solicitation requirements. This will include identifying other pre-construction submittals, such as design and construction quality control plans, safety plan, stormwater runoff, erosion control and pollution prevention plans and other like requirements. Also includes any construction or design submittals already identified in the solicitation. The DB updates the Quality control plan and schedule to identify all tests and inspections required by Codes and/or the statement of work.
The design-builder's designer of record is supposed to extend the submittal register with each design package. We dont "approve" desuigns. That is a "design-bid-build" concept stemming from the fact, that in design-bid-build, the owner (government) is responsible for the design and integrity thereof through completion and acceptance. In DB, the design-builder has that responsibility.
Once we review the final design submission for a design package, and resolve all comments, if they are minor or easily correctable, the ACO or KO will send a letter releasing the design for construction.The DB must incorporate the corrections into the "released for construction" set of drawings and specs and we perform a backcheck for QA. There is no payment for construction or design completion until that is done.
If your personnel arent doing their jobs, seems ike you should pull any ACO or COR authority they have until they get their act together. That includes authorization to proceed and any other "approval" authority.
",,,where a NTP is issued once all PRE-construction submittals have been approved."
Our organization typically issues the NTP after the awardee obtains and forwards acceptable bonds and the required proof of insurance for work on a government installation.
The clock then starts ticking and the contract period includes all required submittals. The RFP should include a preliminary submittal register with ALL government idenified submitals and deliverables from the solicitation requirements. This will include identifying other pre-construction submittals, such as design and construction quality control plans, safety plan, stormwater runoff, erosion control and pollution prevention plans and other like requirements. Also includes any construction or design submittals already identified in the solicitation. The DB updates the Quality control plan and schedule to identify all tests and inspections required by Codes and/or the statement of work.
The design-builder's designer of record is supposed to extend the submittal register with each design package. We dont "approve" desuigns. That is a "design-bid-build" concept stemming from the fact, that in design-bid-build, the owner (government) is responsible for the design and integrity thereof through completion and acceptance. In DB, the design-builder has that responsibility.
Once we review the final design submission for a design package, and resolve all comments, if they are minor or easily correctable, the ACO or KO will send a letter releasing the design for construction.The DB must incorporate the corrections into the "released for construction" set of drawings and specs and we perform a backcheck for QA. There is no payment for construction or design completion until that is done.
If your personnel arent doing their jobs, seems ike you should pull any ACO or COR authority they have until they get their act together. That includes authorization to proceed and any other "approval" authority.
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