CONSTRUCTION - NTP
Posted 23 April 2009 - 05:36 PM
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!!
Posted 23 April 2009 - 09:37 PM
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.
Guest_carl r culham_*
Posted 07 July 2010 - 07:59 AM
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(B ) 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.
Posted 07 July 2010 - 10:18 AM
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.
Posted 24 April 2012 - 05:33 AM
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?
Posted 26 April 2012 - 04:26 PM
",,,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.
Posted 05 April 2015 - 06:36 AM
While reading another thread the other day, I found the following CBCA decision that illustrates a situation where all submittals had to be completed prior issuance of the contract Notice to Proceed (NTP). One should be able to readily see how this can make it very difficult to determine - let alone have some control over - the intended overall completion period. In my opinion, the government should issue a single contract Notice to Proceed as soon as the contractor submits the required bonds and proof of insurance. The submittal process should be included within the overall period of performance.
See: 1-A Construction & Fire LLP v Department of Agriculture at:
(No, Vern, I'm not bored. Just updating this thread for posterity and emphasis. Signed: Rip Van Winkle 😜)
Posted 15 August 2015 - 03:43 AM
I'm new to construction and looking for any piece of literature related to the subject. Looking for ideas and information and you have provided some.
I want to turn around my organization. Our processes seem antiquated including the submittal process.
Right now I'm arguing why our IDIQs with options are not only silly but improper.
Thanks for updating the thread and putting it on my radar.
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