Section 108 — Prosecution and Progress

108.01Commencement, Prosecution, and Completion of Work. Follow the requirements of FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work. A preconstruction conference will be held after the contract is awarded and before starting work. Seven days before the preconstruction conference, submit copies of the preliminary work plan according to Section 155.

108.02Labor. Follow the requirements of FAR Clause 52.222- 6 Construction Wage Rate Requirements. Adjacent or virtually adjacent work sites are defined to be work sites within ½ mile of the project. Application of Construction Wage Rate Requirements (Davis -Bacon Act) fo r work sites beyond ½ mile of the project will be determined by the CO.

108.03Subcontracting. Subcontracting does not relieve the Contractor of liability and responsibility under the contract and does not create any contractual relation between subcontr actors and the Government. The Contractor is liable and responsible for actions or lack of action of subcontractors. Within 1 4 days of subcontract award, submit an SF 1413, Statement and Acknowledgment with Part I completed. Complete other forms that may be provided by the Government to show the work subcontracted and the total dollar amount of the subcontract. For subcontracts involving on- site labor, require the subcontractor to complete Part II of the SF 1413 and complete other forms that may be provided by the Government. Submit a separate statement documenting the cumulative number of on -site subcontracts to date as a percentage of the original contract amount. Subm it this information on subcontracts at lower tiers. In FAR Clause 52.219- 8, Utilization of Small Business Concerns and FAR Clause 52.232- 27 Prompt Payment for Construction Contracts, the term "subcontracts " includes on- site and off -site work and supply contracts.

108.04Determination and Extension of Contract Time. Follow the requirements of FAR Clause 52.211-10 Commencement, Prosecution, and Completion of Work.

(a)Definitions .

(1)Time impact analysis. The procedure by which the Contractor demonstrates the effect of specific time impacts on the overall construction schedule. Time impacts may result in an increase or decrease in contract time.

(2)Float. The amount of time between when an activity " can start " (the early start) and when an activity "must start " (the late start).

(b)Time impact analysis. Comply with the applicable contract clauses when requesting a time extension. Notify the CO in writing within 7 days after identifying a time impact. Submit a time impact analysis and revised construction schedule within 14 days after the end of the time impact event for which notice has been given. Include the following:

(1)A title page or header block with:

(a)Contract number;

(b)Project number and name;

(c)Contractor name;

(d)Current fixed completion date;

(e)Date of submittal; and

(f)Consecutive number for each analysis.

(2)State the impact that requires a time impact analysis:

(a)CO proposed or directed c ontract modification;

(b)Contractor proposed c ontract m odification;

(c)Weather delay; o r

(d)Other Government caused delay.

(3)A copy of the most current approved construction schedule existing before the impact.

(4)A detailed narrative describing each impact event. Describe impacts to each affected activity in the construction schedule. Include the f ollowing:

(a)Contract clauses under which the request is being made;

(b)Cause of the impact;

(c)Start date of the impact;

(d)Duration of the impact; and

(e)Methods to be employed to re -sequence or reschedule the work to mitigate the impact. Discuss the feasibility of re -sequencing future work to mitigate delay. Re -sequencing or rescheduling of work will be at no additional cost to the Government. Include corresponding rationale and assumptions of measures which increase the cost of mitigating the impact.

(5)A revised construction schedule to show the impact of the activities identified, including re-sequencing which would mitigate the delay.

(c)Time extensions. Only delays or modifications that affect critical activities or cause noncritical activities to become critical will be considered for time extensions. If a CPM schedule is used, no time extension will be made for delays or modifications that use available float as shown in the most current approved construction schedule existing before the impact. No time extension will be made for a claim that states insufficient time was provided. For delays due to weather , demonstrate that the weather was unusually severe based on the most recent 10 years of historical data according to FAR Clause 52.249- 10 Default (Fixed- Price Construction).

(d)Execution of the time impact analysis. Incorporate accepted logic changes or time e xtensions into the construction schedule update by the next monthly submittal.

108.05Failure to Complete Work on Time. Follow the requirements of FAR Clause 52.211- 12 Liquidated Damages — Construction. Liquidated damages in the amount shown in Table 108-1 will be assessed for each calendar day beyond the time specified in the contract until substantial completion of the work. If a winter shutdown occurs during this period, liquidated damages in an amount equal to 10 percent of the amount shown in Table 108-1 will be assessed for each day until the winter shutdown ends at which time full liquidated dama ges will be assessed. Table 108-1

Charge for Liquidated Damages

for Each Day Work Is Not Substantially Completed

Original Contract Price Daily

Charge(1) Less than $1,000,000 $2,100 $1,000,000 .00 to $4,000,000 .00 $3,900 $4,000,000 .01 to 10,000,000 .00 $5,100 $10,000,000 .01 to $20,000,000.00 $7,600 Greater than $20,000,000 .00 $8,800

(1)Liquidated damages include Government costs and traffic control.

108.06Stop Work Order. Follow the requirements of FAR Clause 52.236-13 Accident Prevention and FAR Clause 52.242- 14 Suspension of Work. The CO may order the performance of the work to be stopped, either in whole or in part, for such periods deemed necessary including, but not limited to , the following:

(a)Weather or soil conditions considered unsuitable for prosecution of the work; or

(b)Failure of the Contractor to:

(1)Correct conditions unsafe for the workers or the general public;

(2)Carry out written orders given by the CO; or

(3)Perform provisions of the contract.