New UFGS Schedule Specification, Many Changes; Expect Controversy

PART 2 PRODUCTS

2.1 SOFTWARE

The scheduling software utilized to produce and update the schedules required herein must be capable of meeting all requirements of this specification.

2.1.1 Government Default Software
The Government intends to use Primavera P6.

2.1.2 Contractor Software
Scheduling software used by the contractor must be commercially available from the software vendor for purchase with vendor software support agreements available. The software routine used to create the required sdef file must be created and supported by the software manufacturer.

2.1.2.1 Primavera
If Primavera P6 is selected for use, provide the "xer" export file in a version of P6 importable by the Government system.

2.1.2.2 Other Than Primavera
If the contractor chooses software other than Primavera P6, that is compliant with this specification, provide for the Government's use two licenses, two computers, and training for two Government employees in the use of the software. These computers will be stand-alone and not connected to Government network. Computers and licenses will be returned at project completion.

PART 3 Execution
3.1 GENERAL REQUIREMENTS

3.2.2 Withholdings / Payment Rejection
Failure to meet the requirements of this specification may result in the disapproval of the preliminary, initial or periodic schedule updates and subsequent rejection of payment requests until compliance is met.

In the event that the Contracting Officer directs schedule revisions and those revisions have not been included in subsequent Project Schedule revisions or updates, the Contracting Officer may withhold 10 percent of pay request amount from each payment period until such revisions to the project schedule have been made.

3.3.5 Mandatory Tasks

a. Submission, review and acceptance of SD-01 Preconstruction Submittals (individual activity for each).

d. Long procurement activities.

i. [Changes include "Building Commissioning" in place of “HVAC.”]
Submission and approval of Building Commissioning Plan, test data, and reports: Develop the schedule logic associated with testing and commissioning of mechanical systems to a level of detail consistent with the contract commissioning requirements. All tasks associated with all building testing and commissioning will be completed prior to submission of building commissioning report and subsequent contract completion.

m. [Change from "HVAC" to "Building Commissioning.]

Building commissioning - Functional Performance Testing.

3.3.9  Calendars

...

[Second paragraph] If an activity is weather sensitive it should be assigned to a calendar showing non-work days on a monthly basis, with the non-work days selected at random across the weeks of the calendar, using the anticipated days provided in the contract clause TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER. The assignment of the non-work days should be over a seven-day week since weather records are compiled on seven-day weeks, which will cause some of the weather related non-work days to fall on weekends.

3.3.10 Open Ended Logic
...

[Second paragraph] Predecessor open ended logic may be allowed in a time impact analyses upon the Contracting Officer's approval.

3.3.15 Leads, Lags, and Start to Finish Relationships
Lags must be reasonable as determined by the Government and not used in
place of realistic original durations, must not be in place to artificially
absorb float, or to replace proper schedule logic.

a. Leads (negative lags) are prohibited.
b. Start to Finish (SF) relationships are prohibited.

3.3.19 Cost Loading of Closeout Activities
Cost load the "Correction of punch list from Government pre-final inspection" activity(ies) not less than 1 percent of the present contract value. Activity(ies) may be declared 100 percent complete upon the Government's verification of completion and correction of all punch list work identified during Government pre-final inspection(s).

3.3.19.1 As-Built Drawings
If there is no separate contract line item (CLIN) for as-built drawings, cost load the "Submission and approval of as-built drawings" activity not less than $35,000 or 1 percent of the present contract value, which ever is greater, up to $200,000. Activity will be declared 100 percent complete upon the Government's approval.

3.3.19.2 O & M Manuals
Cost load the "Submission and approval of O & M manuals" activity not less than $20,000. Activity will be declared 100 percent complete upon the Government's approval of all O & M manuals.

3.3.21 Early Completion Schedule and the Right to Finish Early
An Early Completion Schedule is an Initial Project Schedule (IPS) that indicates all scope of the required contract work will be completed before the contractually required completion date.

[New paragraph] a. No IPS indicating an Early Completion will be accepted without being fully resource-loaded (including crew sizes and manhours) and the Government agreeing that the schedule is reasonable and achievable.

3.4.2  Initial Project Schedule Submission

... [New language added to this section.]

If applicable, include in the design-build schedule detailed design and permitting activities, including but not limited to identification of individual design packages, design submission, reviews and conferences, permit submissions and any required Government actions, and long lead item acquisition prior to design completion. Also cover in the preliminary design-build schedule the entire construction effort with as much detail as is known at the time but, as a minimum, include all construction start and completion milestones, and detailed construction activities through the dry-in milestone, including all activity coding and cost loading. Include the remaining construction, including cost loading, but it may be scheduled summary in nature. As the design proceeds and design packages are developed, fully detail the remaining construction activities. No payment will be made for work items not fully detailed in the Project Schedule..

3.4.3 Periodic Schedule Updates
Update the Project Schedule on a regular basis, monthly at a minimum. Provide a draft Periodic Schedule Update for review at the schedule update meetings as prescribed in the paragraph PERIODIC SCHEDULE UPDATE MEETINGS. These updates will enable the Government to assess Contractor's progress. Update the schedule to include detailed construction activities as the design progresses, but not later than the submission of the final un-reviewed design submission for each separate design package. The Contracting Officer may require submission of detailed schedule activities for any distinct construction that is started prior to submission of a final design submission if such activity is authorized.

a. Update information including Actual Start Dates (AS), Actual Finish Dates (AF), Remaining Durations (RD), and Percent Complete is subject to the approval of the Government at the meeting.

b. AS and AF dates must match the date(s) reported on the Contractor's Quality Control Report for an activity start or finish.

3.5.2 Narrative Report
Provide a Narrative Report with each schedule submission. The Narrative Report is expected to communicate to the Government the thorough analysis of the schedule output and the plans to compensate for any problems, either current or potential, which are revealed through that analysis. Include the following information as minimum in the Narrative Report:

a. Identify and discuss the work scheduled to start in the next update period.
b. A description of activities along the two most critical paths where the total float is less than or equal to 20 work days.
c. A description of current and anticipated problem areas or delaying factors and their impact and an explanation of corrective actions taken or required to be taken.
d. Identify and explain why activities based on their calculated late dates should have either started or finished during the update period but did not.
e. Identify and discuss all schedule changes by activity ID and activity name including what specifically was changed and why the change was needed. This should include at a minimum new and deleted activities, logic changes, duration changes, calendar changes, lag changes, resource changes, and actual start and finish date changes.
f. Identify and discuss out-of-sequence work.

3.8.1  Justification of delay

[added clause on multiple delays and concurrency]

... Multiple impacts must be evaluated chronologically; each with its own justification of delay. With multiple impacts consider any concurrency of delay.

[added methods to use for Delay Analyses]

3.8.2  Time Impact Analysis (Prospective Analysis)

Prepare a time impact analysis for approval by the Contracting Officer
based on industry standard AACE 52R-06.
(AACE 52R-06 (2006) Time Impact Analysis - As Applied in Construction)

3.8.3  Forensic Schedule Analysis (Retrospective Analysis)

Prepare an analysis for approval by the Contracting Officer based on industry standard AACE 29R-03.
(AACE 29R-03 (2011) Forensic Schedule Analysis)

[Clarified position on early completion delay costs]

3.8.6 Impact to Early Completion Schedule
No extended overhead will be paid for delay prior to the original Contract Completion Date for an Early Completion IPS unless the Contractor actually performed work in accordance with that Early Completion Schedule. The Contractor must show that an early completion was achievable had it not been for the impact.

3.9 FAILURE TO ACHIEVE PROGRESS
Should the progress fall behind the approved project schedule for reasons other than those that are excusable within the terms of the contract, the Contracting Officer may require provision of a written recovery plan for
approval. The plan must detail how progress will be made-up to include which activities will be accelerated by adding additional crews, longer work hours, extra work days, etc.

3.9.1 Artificially Improving Progress
Artificially improving progress by means such as, but not limited to, revising the schedule logic, modifying or adding constraints, shortening activity durations, or changing calendars in the project schedule is prohibited. Indicate assumptions made and the basis for any logic, constraint, duration and calendar changes used in the creation of the recovery plan. Any additional resources, manpower, or daily and weekly work hour changes proposed in the recovery plan must be evident at the work site and documented in the daily report along with the Schedule Narrative Report.

3.9.2 Failure to Perform
Failure to perform work and maintain progress in accordance with the supplemental recovery plan may result in an interim and final unsatisfactory performance rating and/or may result in corrective action directed by the Contracting Officer pursuant to FAR 52.236-15 Schedules for Construction Contracts, FAR 52.249-10 Default (Fixed-Price Construction), and other contract provisions.

3.9.3 Recovery Schedule
Should the Contracting Officer find it necessary, submit a recovery schedule pursuant to FAR 52.236-15 Schedules for Construction Contracts.