de marzo de 2010 la librería Bertrand celebró su primer aniversario

Cost Reimbursement contracts provide for payment of allowable incurred costs to the extent prescribed in the contract. These contracts are suitable only when uncertainties prevent costs to be estimated with sufficient accuracy to use any type of fixed price contract. These contracts require contractors to have adequate cost accounting systems and require intense management by the government. The use of these contracts is justified when plans and specifications cannot adequately describe the work to be performed.

 A Remedial Action Contract (RAC), which involves site cleanup and mediation, is one example of cost reimbursement contracts.

 Construction Capabilities (CONCAP), sometimes referred to as contingency

capabilities, provide for indefinite deliveries and quantities using a cost plus award fee contract for design, construction, and services to support the Navy in war, disaster recovery, and military operations other than war.

Firm Fixed Price (FFP)

Firm fixed price (FFP) contracts are the most preferred type of contract because it places maximum risk and full responsibility for all costs and resulting profit or loss upon the contractor. These types of contracts require less contracting office administrative oversight, and provide maximum incentive for the contractor to control cost and perform effectively. FFP contracts should be used when a reasonable definite specification is available and procurement is well defined in terms of quantity, quality and timelines. Firm fixed price award fee (FFPAF) contracts are especially suited for large service contracts like BOS contracts (is a single facility support contracts intended to satisfy multiple facility service or facility construction requirements). A FFPAF starts as a FFP with definitive specifications, but it allows payment of an additional fee for exceptional performance. An FFPAF contract will specify the maximum amount of additional fee to be paid if the contractor is deemed to have performed outstandingly during the contractual term.

Construction Specific Indefinite Quantity (IDQ) Contracts

Construction Specific Indefinite Quantity (IDQ) contracts are composed of a number of specific acquisition vehicles within the general category of indefinite quantity that have been developed specifically for construction. Most of these vehicles involve multiple awards as a way of enhancing competition. Multiple Award Construction Contracts (MACC), Job Order Contracts (JOC), Solution Order Contracts (SOC), and Multiple Award Task Order Contract (TOC) are several contracting vehicles used to accomplish construction tasks.

 MACC is a contract with more than one contractor, awarded after selecting several contractors through prequalification and source selection. Selection factors normally include past performance, areas of specialty, and quality. Some MACCs seek to lower risk by requiring all MACC contractors to bid on each task order. Variants include Design-Build MACC, Utility MACC, and Regional MACC.

 JOC is a competitively negotiated, firm fixed unit price, indefinite delivery/indefinite quantity contract that contain a database of detailed priced tasks for a variety of facilities maintenance, repair, and construction work. JOC contracts typically do not need design solutions.

 SOC is a multiple award indefinite delivery/in definite quantity task order contract. This type of contract requires some design solutions. SOC combine the in-house capability with all of the contractors to provide solutions to meet Supported Command needs and jointly develop the statement of work.

 TOC is a multiple award indefinite delivery task order contract designed to accommodate repair, renovation and design/build construction projects between $100,000 and $10, 000,000. The TOC is essentially the same as a MACC.

Time and Materials Contracts

Time and materials contracts are for special situations when two conditions exist, the type of labor needed for the contract can be identified but not the actual time required and materials are necessary to perform the contract, but the exact extent cannot be estimated before the work is to begin. This creates certain restrictions that apply to this type of contract. The contracting officer must document the file that no other contract type is suitable, through a determination and findings, and a not-to-exceed ceiling price is established. Time and materials contracts are cumbersome for the government to administer and are often audited by Defense Contract Audit Agency.

Labor Hours Contract

Labor hours contracts are very similar to a time and materials contract except only labor, no materials, is required. This type of contract is also expensive for the government to administer.

Letter Contract

Letter contracts are a written preliminary contractual instrument that authorizes the contractor to begin immediately manufacturing supplies or performing services. It may only be used when the government’s interests demand that the contractor be given a binding commitment so that work can start immediately and negotiating a definitive contract is not possible in sufficient time to meet the requirement. However, a letter contract should be as complete and definite as feasible under the circumstances.

SECTION 3-7. CONTRACT MANAGEMENT

Some of the key process terms throughout the life of a FEAD project are included below, and are broken into pre-award and post-award:

Pre-Award

 Design - The design can be executed through a number of sources, including by the Supported Command, FEC Capital Improvement Business Line Core, FEC IPT, and PWD FMD or FEAD.

 Site approval - A key part of the project includes site approval by the Public Works Officer, and includes a procedural review of the project compatibility with the base master plan, utilities plan, and environmental considerations (installation restoration, natural and cultural resources, storm water mitigation, air permit).

 Scope/funding, scope, programming - The contracting officer is required to ensure that the project has authorized and appropriate funding to obligate a contract award.  RFP - The contract specialist prepares the RFP, which incorporates the contract

clauses, and the scope of work and design.

 Constructability review - The FEAD project engineer and engineering technician typically conduct a detailed review of the scope of work and design to ensure constructability and minimization of contract modifications after award. Comments are provided back to the designer of record to incorporate into the scope of work and RFP.

Post Award

 Submittals (Quality Control, Safety, Schedule, Technical) - After award and acceptance of the bonds and insurance, the contractor will provide a number of submittals for government review and/or approval. For design-bid-build contracts, most submittals are contractor submitted-government approved. For most design- build contracts, many technical submittals will be contractor-approved, government- reviewed. The FEAD typically approves contractor quality control and safety plans prior to start of any construction.

ITEM APPROVED BY DUE BY REFERENCE

Bonds

(performance and payment

Contract Specialist Before start of work FAR 28.102.1 NFAS 28.108

Insurance Contract Specialist Before start of work FAR 52.228-5

UFGS 01310

Schedule of prices CM 15 days after award FAR 52.232-5

UFGS 01200 Construction

schedule

CM 21 days after award FAR 52.236-13

UFGS 01320 Construction

quality control (CQC) plan

CM 15 days after award

or as specified

UFGS 01450

Environmental plan CM Before start of work UFGS 01575a

Safety plan CM Before start of work

when required

52.236-13 (Alt 1) EM-385-1 Table 3-7-1. Preconstruction Submittal Requirements Summary

 Groundbreaking - NAVFAC BMS provides a step-by-step procedure for

groundbreaking ceremonies. Typically, the Supported Command is responsible for the ceremony; however, the FEAD will provide support for the ceremony, including contractor coordination and provision of ceremonial shovels.

 Partnering - The NAVFAC Partnering System involves a mindset, a commitment, and a process. The mindset component of partnering is consistent, regardless of the contract or the project’s characteristics. The commitment component ensures that the contract is completed to the client’s requirements. The process component deals

with the steps or activities that support the government-contractor-client partnership during performance under the contract. At NAVFAC, all contracts will be done using a partnering process. For more information, refer to the BMS on the NAVFAC portal.

 Government Furnished Equipment (GFE) - Some projects will include GFE for the contractor to install, and typically includes large equipment like generators, transformers, or other types of erection kits (like a firefighting tower, antenna, etc.). Challenges with GFE include accurate inventory of parts and equipment, incompatible components, or unforeseen or unintended design issues with the installation.

 Progress schedule and payments - The engineering technician and CM work with contractors to accurately pay the contractor for work performed according to the schedule of prices, and includes cost of materials delivered onsite and materials installed. The government may withhold retainage for poor quality, estimated costs to rework unsatisfactory work, or for prospective liquidated damages.

 Contract modifications - Contracts may require modification for a number of reasons. Some examples include: if the contractor encounters conditions unforeseen in the RFP or the Supported Command requests a scope change. The most common reasons for contract modifications are covered by seven FAR clauses incorporated into every construction contract, and cover whether monetary and/or time extension compensation is allowed:

Clause FAR Clause Money

Allowed?

Time Allowed?

Changes 52.243.4 Yes Yes

Differing Site Conditions 52.236-2 Yes Yes

Default 52.249-10 No Yes

Suspension of Work 52.242-14 Yes No

Value Engineering 52.248-3 Yes Yes

Variation in Estimated Quantities 52.211-18 Yes Yes

Liquidated Damages 52.211-12 Yes No

Table 3-7-2. FAR Clauses for Construction Contracts

 Constructive change - An unauthorization that happens when someone other then the contracting officer or his authorized representative directs the contractor (expressly or implicitly) to perform an action that constitutes a material change.

 Beneficial occupancy - The Beneficial Occupancy Date (BOD) is a significant milestone, as this establishes the date the project is turned over to the Supported Command for their use and move-in. Additionally, the BOD established the date that liquidated damages are no longer assessed.

 Punchlist - After BOD, any minor work remaining is considered punchlist. This work is accomplished after the Supported Command has taken possession of their spaces. The contractor must coordinate this work to minimize interference with the now-occupied spaces. The FEAD will withhold retainage to cover the cost of any punchlist work remaining through the project closeout and final payment.

 Project close out and final submittals - This includes completion of punchlist items, required test submittals, as-built drawings, and other administrative contract items required. Another item required could include the 1354 transfer of real property to the PWD Facilities Management Division. After all project closeout submittals are accepted by the FEAD, the contractor can submit for final payment.

 Ribbon cutting - The NAVFAC BMS provides a procedure for ribbon cutting

ceremonies, and are the responsibility of the Supported Command. The FEAD will provide assistance as requested.

 Contractor evaluation - A critical FEAD function to ensure a supply of acceptable contractors includes the contractor evaluation, which documents the contractor performance. This information will be entered into the Architect Engineer Contract Administration Support System (ACASS) or the Construction Contractor Appraisal Support System (CCASS) and used by other Department of Defense agencies as reference for future work. In all source selections, contractor past performance is a key factor.

Late Interest Payment

As per FAR Subpart 32.907, interest penalties late payment states the designated payment office will pay an interest penalty automatically, without request from the contractor, when all of the following conditions, if applicable, have been met.

 The designated billing officer received a proper invoice.

 The government processed a receiving report or other government documentation authorizing payment, and there was no disagreement over quantity, quality, or contractor compliance with any contract requirement.

 In the case of a final invoice, the payment amount is not subject to further contract settlement actions between the government and the contractor.

 In the case of interim payments on cost reimbursement contracts for services, when payment is made more than 30 days after the designated billing office receives a proper invoice.

Supervision, Inspection, and Overhead (SIOH)

NAVFAC is mission funded for all, and only, Navy and Marine Corps Operations and Maintenance funded maintenance, repair, minor construction, environmental, and service facility contract actions including reserves. The budget categories used include Navy and Marine Corps MRP and OBOS including demolition, environmental compliance, pollution prevention, and bachelors quarters maintenance. To determine the volume of these programs that actually become NAVFAC facilities contract workload we use execution experience over the last five years. NAVFAC’s position is that the acquisition management mission line is totally workload driven and the level of risk associated with not matching resources to workload is a costly and unacceptable risk to DON clients who desire a cost effective and quality product. Anything else in the facilities contracting arena requested of us is reimbursable. The Navy is not financed to use its scarce O&M funds to execute DoD and other services facility contract actions. With non- DoD activities, we negotiate our actual cost for those limited services with the client in a memorandum of agreement.

NAVFAC develops the mission management requirement for acquisition management by applying a cost factor (not a SIOH "flat" rate charged directly to the client) against projected contract accruals. Based on cost experience, we apply an 8% cost factor to minor construction and maintenance/repair type accruals and a 4% cost factor against service type accruals. It is important to recognize that only Navy and Marine Corps O&M programs are considered our mission responsibility and are the basis upon which NAVFAC and the OPNAV resource sponsor develop the acquisition management mission line.

For all major and minor construction, as well as improvement and repair, workload in the Defense MILCON Act (Navy, AC or RC Navy Reserve, Air Force, Army, DoD Family Housing, etc.), we develop a "flat" SIOH rate for the entire program. We included it specifically in each major and minor construction project line item estimates as well as in the budget estimates for "lump sum" lines such as urgent minor, improvements, repair, etc. In FY06, the SIOH rate for military construction was updated to 5.7% CONUS and 6.2% OCONUS.