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Procurement: A-E, Construction Contractor, and Design-build Contractor
 EXERCISE — Developing the Statement of Work
The statement of work (Appendix A) is a key component of the RFP package. It describes the project and the scope of services, is the basis for proposals, and ultimately becomes part of the negotiated contract. [insert NAVFAC definition of SOW; do we need to distinguish between DBB and DB SOW??]
For procuring A-E services, Federal Acquisition Regulation (FAR) Subpart 36.601-3: Applicable contracting procedures states "(a) For facility design contracts, the statement of work shall require that the architect-engineer specify, in the construction design specifications, use of maximum practicable amount of recovered materials consistent with the performance requirements, availability of price reasonable-ness, and cost-effectiveness. Where appropriate, the statement of work shall require the architect-engineer to consider energy conservation, pollution prevention, and waste reduction to the maximum extent practicable in developing the construction design specifications." Where appropriate this should be applicable to Design-Builder services also.
The Project Manager is the lead for developing the statement of work. He/she must decide on the tasks and the level of effort required to complete the project, either designing it or constructing it. It is important to include specific, measurable sustainable development actions and deliverables within the statement of work. These are the things that the contractor is expected to provide or achieve in the implementation of the contract. Deliverables can be defined as outputs, activities, parts of an activity or inputs.
Examples of measurable sustainable development actions:
- Register the project with the USGBC at the inception of the design and have the facility Certified by the USGBC at construction completion.
- Meet the minimum requirements of ASHRAE/IESNA
Standard 90.1
Examples of specific sustainable development deliverables:
- Energy Conservation Package, consisting of
- Certification of compliance with ASHRAE Standard 90.1
- LEED Documentation and Forms to be submitted to
USGBC and NAVFAC
Within the Appendix A, sections to include sustainable development actions or deliverables include:
- Project Scope and General Information
- Services
- Schedule of Fees
- Submittal Requirements
Generally, most of the actions and deliverables are considered "standard" for all projects-sustainable or not-but may require additional considerations for sustainability-related issues. For example, for a sustainable project, the A-E would be required to also include language related to recycled content and local availability in the project's construction specifications. However, some tasks are in addition to the standard services (e.g., daylighting studies). As such, the Contract Specialist and the Project Manager should work together ahead of time to ensure that additions to the statement of work for sustainable design services and associated documentation have been budgeted in DD Form 1391. Sustainable development-related services and items that may result in additional soft costs (A-E design, analysis, etc. fees) include:
- Additional research and specifications costs, especially for special building features such as photovoltaic systems
- Energy modeling costs
- Enhanced commissioning costs
LEED documentation costs: the tasks associated with documenting and submitting a LEED application to the U.S. Green Building Council.
A-E Statement of Work
The A-E leads the creative and development process. They translate the customer's needs and programs into design documents and specifications. The A-E's Appendix A may include the following activities and tasks to incorporate sustainable development into the project:
- Conduct FACD or Design Charrette to focus on sustainability issues
- Develop concept designs to include sustainable features
- Conduct specialized studies (e.g., daylighting)
- Develop design development to include sustainable features
- Produce narratives describing the sustainable/LEED approach
- Develop construction documents to include sustainable features, and sustainable construction specifications
- Conduct construction administration to ensure sustainable features are being built/installed correctly
- Prepare and submit LEED Documentation
- Update and submit LEED scorecard with each
submission
Construction Contractor Statement of Work
The Construction Contractor is charged with translating designs and specifications into a built structure. They must follow requirements as defined within the request for proposal. The Construction Contractor's Appendix A may include the following activities and tasks to incorporate sustainable development into the project:
- Perform construction in accordance with construction specifications and documents
- Prepare LEED Documentation
- Participate in commissioning
- Develop the Construction Waste Management (CWM) Plan
- Develop the Construction Indoor Air Quality (IAQ) Plan
- Train operations and maintenance personnel
- Submit product/equipment submittals with Materials Safety Data Sheets (MSDS)
- Participate in a partnering workshop so the Construction Contractor can understand and buy into sustainable development goals of the project
- Produce narratives describing the sustainable/LEED approach accomplishments
- Update and submit LEED scorecard with each
submission
Design-Builder Statement of Work
For simplicity's sake, the Design-Builder's Appendix A may be considered the sum of the A-E's and the Construction Contractor's Appendix A. NAVFAC's Design-Build Request for Proposal Web Site available at http://www.wbdg.org/ndbm/ contains a single design-build Request for Proposal (RFP) format for all NAVFAC components. Typical specification sections are downloadable from this web site; some sections already contain sustainable development language
One challenge with Design-Build contracts is that once the customer has signed off on something, they cannot change their minds without huge cost implications.
Roles and Responsibilities
In developing the Appendix A, the Project Manager should base his/her decision on the program and the 1391 submission, as well as the authorized funding. The Project Manager should decide what is justifiable given the performance goals they want to achieve. There should be clear indicators against which progress can be measured. As it is Navy policy to use the U.S. Green Building Council's (USGBC) Leadership in Energy and Environmental Design (LEED®) Green Building Rating System as a metric to measure the sustainability achieved through the planning, design and construction processes, the Project Manager should consider defining performance goals and metrics based on that system, as well as other federal and service requirements. He/she can include a LEED® scorecard in Appendix A to indicate required and/or preferred credits for the project. Required credits may be driven by NAVFAC policy and standards, or the goals of the project.
The various disciplines within the Capital Improvements Business Line (CIBL) should support the Project Manager in this effort, especially if the scope of the project involves elements related to their discipline. For Design-Build projects, CIBL discipline specialists should work together to determine the performance and prescription specifications to be included in the RFP.
While the Contract Specialist is more involved in the legality and issuance of the complete RFP package than the development of the statement of work, he/she should review the statement of work to make sure the Project Manager has included sustainable development requirements consistent with Federal Acquisition Regulations (FAR) and Defense Acquisition Regulation Supplements (DARS). If not, he/she should prompt the Project Manager to make appropriate revisions.
Project Manager and Contract Specialist may also want to consider enacting incentive programs to encourage A-Es, construction contractors, or design-builders to achieve sustainability goals by coupling a base fee with a significant award fee (Performance based fees, e.g., based on cost-benefit criteria).
Tools/Sample Documents
- LANTDIV has developed A-E Scope of Work Contract Templates (Appendix A) for Design-Bid-Build and Design-Build projects that include sustainable development statements. They are accessible at XXX.
- NAVFAC's Design-Build Request for Proposal Web Site available at www.wbdg.org/ndbm contains a single design-build Request for Proposal (RFP) format for all NAVFAC components. Typical specification sections are downloadable from this web site. Sections that already contain sustainable development language are:
- 01451N - Design and Construction Quality Control: includes requirements for commissioning (including LEED commissioning requirements)
- 01670 - Recycled/Recovered Materials: includes requirements for using Comprehensive Procurement Guidelines (CPG) materials
- 01331 - Design Submittal Procedures: includes
submittals requirements related to sustainable development, such as
energy analysis and LEED scorecard
- Air Force Statement of Work Tool
- Request for Proposal for Design/Build of Pentagon Metro Entrance Facility
- Statement of Work for Design/Build of Pentagon Wedges 2 through 5 Renovation
- Statement Of Work for Architect-Engineer for Add/Alter Fire Station at Homestead Air Force Reserve, FL
- EPA's DRAFT Green Construction Guide for Federal Specifiers available at www.wbdg.org/design/greenspec.php is being
developed by EPA, the Federal Environmental Executive and the Whole
Building Design Guide, to help Federal building project managers meet
various mandates as established by statute and Executive Orders, as well
as, EPA and DOE program recommendations. The Federal Guide for Green
Construction Specs provides model language that is intended to assist
users in achieving green building goals as may be determined by the
individual agency and project. The Federal Guide for Green Construction
Specs is not complete Specifications. The Specs address only
environmental aspects in support of the federal government's EPP
mandates and related programs. Other performance requirements and
procedures are not included. It is intended to supplement other Model
Construction Specifications and to provide guidance in developing
Project Construction Specifications.
Required Reading
Procurement of Architectural and Engineering Services for Sustainable Buildings-A Guide for Federal Project Managers, FEMP. Pages 9-26 on "Preparing the Statement of Work".
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