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NASA
Procedural
Requirements

NPR 8820.2H
Effective Date: September 27, 2022
Expiration Date: September 27, 2027

COMPLIANCE IS MANDATORY FOR NASA EMPLOYEES

Subject: Facility Project Requirements (FPR) (Updated w/Change 1)

Responsible Office: Office of Strategic Infrastructure

Chapter 4. Construction

4.1 Facility Project Construction General Requirements

4.1.1 General. The construction of Facility Projects referenced in this chapter will meet any of the following requirements:

a. Construction of new real property or the major modification or repair of existing NASA real property (excluding maintenance work) with an AFPCE equal to or greater than $100,000.

b. Construction contract documents designed by professional architects and engineers.

c. Implementing labor force payment in accordance with Pub. L. 107-217, the Davis-Bacon Act.

d. Requires construction expertise including but not limited to excavation; advanced rigging or the use of cranes and lifting devices; steel erection; concrete placement and finishing; carpentry; pipefitting; plumbing systems installation; HVAC systems installation; electrical power and lighting installation; and life safety and security systems installation.

4.1.2 Maintenance Projects. Maintenance projects are defined in NPR 8831.2. Maintenance projects are excluded from this NPR.

4.1.3 OCFO and RPAO Requirements.

a. OCFO requirements. For Facility Projects with an AFPCE of $500,000 or greater, the FPM shall complete form NF-1739 prior to generating any project purchase requests (e.g., contracted A/E services for a PER of Final Design) and submit the completed form to the Center OCFO's property accountants and the RPAO. Refer to Section 1.7.1.4.

b. RPAO requirements.

(1) For Facility Projects with an AFPCE of $100,000 or greater, the FPM shall complete form NF-1046 upon completion of the construction activity per the requirements in NPR 8800.15.

(2) For new construction and major modification (including Institutional CoF Renewal), the FPM shall submit a completed NF-1046 to the RPAO at the time of issuance of Beneficial Occupancy and an updated form at the time of project financial completion.

(3) For Repair and Energy Projects, the FPM shall submit a completed NF-1046 to the RPAO at the time of project financial completion.

(4) In all cases, the NF-1046 should include the cost for PERs, final design, and all construction activities related to the project. In addition, the FPM will need to provide the project work breakdown structure (WBS) numbers for the project PER, final design, and construction phases and the total funding obligations for each of these phases. Refer to Section 1.7.1.5.

4.1.4 Required Construction Contractor Staff. As a minimum, a facility project construction contract will require a full-time, onsite project manager/superintendent and a full-time, onsite health and safety manager dedicated to the project.

4.1.5 Earned Value Management (EVM). EVM is a tool that offers the potential for early visibility into the likelihood of cost/schedule problems. The Center CoF Program Manager and the FRED EPM (if applicable) will evaluate the candidate project and determine if EVM is to be utilized for any project with an AFPCE of $20 million or more or where there is significant development or technical risk as determined by FRED. Information on EVM can be found in Section 7.11 of NASA SP-2010-3403, NASA Schedule Management Handbook.

a. Resource-Loaded Schedule. A schedule that includes the estimated percentage of the total cost and time to complete each element of the construction contract. Typically, a construction contractor submits this schedule to the NASA CO for approval prior to starting the work. A resource-loaded schedule is an acceptable alternative to EVM when a construction contract is structured as firm-fixed-price procurement. If this option is selected, the construction contractor is required to submit a resource- loaded schedule for review and approval by the NASA CO prior to beginning work.

b. Integrated Baseline Review (IBR). Establishing an Integrated Baseline Review (IBR) is recommended in which the contractor and NASA's Facility Project Team meet for a detailed review of the EVM system that will be used to report on the project's progress, status, and cost.

4.2 Acquisition of Construction Contracts

4.2.1 Request for Construction Funding (the CECR, EUL, and/or NHPA). The Center CoF Program Manager shall submit documents for FRED review and approval via the FRED-approved database. Refer to Section 1.9.3.2. Upon approval of the documentation, a FRED Resource Analyst will issue funding to the Center in accordance with Section 1.8.3. For EUL and NHPA funding, refer to Section 1.9.8. Upon receipt of construction funds, Centers are authorized to advertise for contracted construction services.

4.2.2 Authority for Early Advertisement. For Institutional and Program-Direct CoF projects, Centers can request authority for early advertisement of construction contracts to meet aggressive schedule requirements, account for long-lead delivery items, or meet Agency funding obligation metrics. Refer to Section 1.9.10 for guidance.

4.2.3 Construction Contract Procurement Options. Centers will use the Agency's centralized or regionalized construction contracts to the largest extent possible. All such procurements need to be fully in accordance with NASA FAR Supplement (NFS) A-102.13 (Construction), and/or NFS A-102.14 (Architect-Engineering Services Not Associated with Environmental Remediation). Any procurement not fully in accordance with NFS A-102.13 and/or NFS A-102.14 need to include a deviation from the NFS approved in accordance with FAR 1.4 (Deviations from the FAR) and NFS 1801.4 (same subject). The deviation is required to be fully approved before the procurement can be advertised outside of NASA. In addition, FRED may require Centers to utilize external construction entities such as the General Services Administration (GSA) or the U. S. Army Corps of Engineers (USACE). The Center CoF Program Manager shall ultimately obtain approval from the assigned Agency CoF Program Officer on the method of construction.

4.2.3.1 Centralized or Regionalized Multiple Award Construction Contract (MACC). A MACC is a type of Indefinite-delivery Indefinite-quantity (IDIQ) contract, per the FAR, subpt.16.504, Indefinite- quantity contracts. MACC contracts are used to pre-qualify a group of contractors so that faster procurement timelines for individual construction contracts can be obtained. In accordance with FAR 19.502-4, Partial set-asides of multiple award contracts, MACC contracts typically require that a mix of large, small, and disadvantaged businesses be pre-qualified if determined capable of performing the work. This includes 8(a) participants, HUBZone small business concerns, service-disabled veteran- owned small business concerns, economically disadvantaged women-owned small business concerns, and women-owned small business concerns.

4.2.3.2 Full and Open Competition. Full and open competition for Government contracts is a competitive process in which all responsible sources are permitted to compete, as outlined in FAR Subpart 6.1 - Full and Open Competition. Methods of full and open competition are described in FAR Subpart 6.102, and include sealed bids, competitive proposals, combination of competitive procedures (i.e., two-step sealed bidding), and other competitive procedures. Typically, a minimum of three bids is desired, and the contract is awarded to the lowest qualified bidder. The COR can use the Contractor Performance Assessment Reporting System (CPARS) to research qualified bidders.

4.2.3.3 Other Than Full and Open Competition. Contracting without providing for full and open competition is outlined in FAR Subpart 6.3 - Other Than Full and Open Competition. Other Than Full and Open Competition is used in rare cases when there may be only one contractor who can perform a task (i.e., specialized construction work that only one company can perform). The COR will assist the CO in preparing a Justification for Other than Full and Open Competition (JOFOC). Justification will be approved in accordance with FAR Section 6.304 Approval of the Justification (depending on the dollar value, it is not always by the Center's Chief Procurement Officer).

4.2.3.4 Center Service Contracts. If a Center service contract (e.g., Maintenance and Operations (M&O) contract, engineering service contract) is being considered for construction execution, the FPM shall consult with the Center CoF Program Manager and the CO/COR assigned to the contract during the final design phase. It is likely that these contracts do not contain the appropriate construction labor (per the Davis Bacon requirements) or have provisions within their contract to provide the necessary construction services, nor have the appropriate construction contract clauses for such details as schedules of values or invoice breakout.

4.2.4 CO. The CO is responsible for awarding all contracts and subsequent modifications, in addition to contract administration of those awards. The CO is ultimately responsible for ensuring compliance with the FAR, NFS, Agency-specific clauses, and all applicable terms and conditions of the contract.

a. The CO is the only person with authority to obligate the Federal Government in acquiring and executing contracts.

b. The CO shall provide direction for the required content of the acquisition package; however, at a minimum for design-bid-build contracts, the package includes a Government cost estimate, the design documents, and either funds or a planning purchase request with the funds source identified.

c. For design-build procurements, the minimum acquisition package includes a Government Cost Estimate, a requirements document, and a contractor selection and evaluation plan.

d. The CO shall issue Notice to Proceed (NTP) to the Contractor after the contract is awarded. In some cases, two NTPs can be issued: one to initiate contractor-provided submittals (e.g., site-specific health and safety plans, construction schedules, schedules of values) and one to initiate work in the field.

4.2.5 COR. The COR has delegated authority from the CO and serves as the technical advisor to the CO and the Contractor (but does not have contractual authority). Frequently, the FPM may be designated as the COR with a Delegation of Authority Letter (NF1634) executed by the CO. During contract acquisition, the COR responsibilities include:

a. Ensuring that all contract acquisition activities conform with the Project Management Plan.

b. Reviewing technical aspects of proposals and helping establish the relevance of contractor past performance to the requirements of the contract.

c. Assisting the CO in the review of cost proposals.

4.2.6 NASA Form 1579, Flash Bid Report requirement. The FPM, in conjunction with the Center CoF Program Manager, shall prepare and submit an NF 1579 to the assigned Agency CoF Program Officer for all Institutional and Program-Direct CoF Projects (MCR and Discrete). This submission occurs immediately following the construction bid evaluation process and the CO's acceptance of the bids as responsive.

4.3 Construction Implementation and Administration

4.3.1 Preconstruction Meeting (post award). A preconstruction meeting is required for all NASA construction projects. All construction projects require a thorough understanding of processes and procedures and the roles and responsibilities of key project individuals. General items of discussion should include the following:

a. Introductions of key individuals (NASA and Contractor) and their roles during the construction project.

b. General overview of the project.

c. Details on how the contract will be administered. In some cases, contract administration services can be purchased from the A-E firm that performed the final design. If this is the case, the project AFPCE will include the budget for these services.

d. Overview of the site plan including identification of contractor trailer locations, material and equipment lay-down area, and provisions for temporary power.

e. Construction site access requirements and contractor security badging.

f. Code compliance and construction inspection procedures and guidelines.

g. Third-Party quality assurance inspection procedures and guidelines.

h. Environmental requirements and coordination.

i. Site-specific safety requirements and coordination.

j. Management of submittals and Requests for Information (RFIs).

4.3.2 Partnering. During the administration of the construction contract, the COR shall establish a formal Partnering program for all facilities projects with an AFPCE of $20 million and greater, as required by Partnering, NFS subpt.1836.70; 48 CFR Chapter 18; and Construction of Facilities: NASA Partnering Desk Reference. Partnering is a formal management process in which all parties involved in a construction project voluntarily agree at the outset to adopt a cooperative, team-based approach to project development and problem resolution to reduce or eliminate conflicts, litigation, and claims. The FRED EPM (if applicable) or other FRED representative will participate in the partnering process. In addition, a representative from the A-E firm that performed the final design should be involved in the partnering session.

4.3.3 Safety and Compliance. Construction work will be subject to inspection by Center-designated personnel, Center Institutional Safety Discipline Leads, and designated third-party agencies. Construction work will be subject to inspection by Center designated personnel, Institutional Safety Institutional Safety Discipline Leads, or designated third party agencies. Construction inspections should validate the implementation of design and compliance with applicable codes and standards identified in the Building Code Summary in accordance with NPR 8715.1. Nonconformances identified during these inspections will be identified to the COR and CO to implement corrections.

4.3.4 Construction Safety Roles and Responsibilities. The contractor's onsite supervisor and the contractor's onsite health and safety manager are responsible for construction site safety. The contractor's employees are responsible to plan and perform their work activities in a way that creates a safe and healthy work environment. The contractor will submit a site-specific HASP that includes an accident prevention plan (Accident Prevention, FAR § 52.236-13). The CO and COR have overall contractual authority on all safety matters. The COR has the authority to review and approve/disapprove the contractor's accident prevention plan, hazard analyses, lift plans, dig permits, and other construction documentation. The function of the Center's Institutional Safety Discipline Leads is to provide independent review of the implementation of contract health and safety requirements. These Discipline Leads communicate their observations of concern to the COR. The COR will evaluate the concern and coordinate with the contractor's onsite supervisor, as necessary. This section outlines approaches to contractual communication with the performing contractor, but in no way limits the authority of the Center's Health and Safety Office in executing Institutional Safety Authority. Matters relating to the contractor's impact to the onsite civil servants and NASA contractors as part of a multi-employer worksite are still managed under Institutional Safety Discipline Leads. In addition, the Center Health and Safety Office, along with any NASA employee (contractor or civil servant), maintains stop work authority when an observed construction activity creates an apparent threat to personnel, equipment, or property.

4.3.4.1 Site-Specific HASP. The Contractor will submit the site-specific HASP shortly after contract award. This plan will be formally approved by the CO prior to starting any onsite activities. Refer to Accident Prevention, FAR § 52.236-13, NPR 8715.1, and NPR 8715.3.

4.3.4.2 Fire and Life Safety Systems. All fire and life safety systems will be tested at the completion of installation and subject to witnessing and acceptance by the AHJ.

4.3.5 Sustainability. In accordance with Section 1.11, NASA's construction contract documents will specify the sustainability requirements for a project including conformance to the Guiding Principles and a third-party certification requirement.

4.3.5.1 NASA Responsibilities. Typically, NASA provides third-party commissioning oversight services under a separate contract. The cost for these services needs to be included under the project AFPCE. (See Appendix D.)

4.3.5.2 Contractor Responsibilities. The contractor is responsible for implementing sustainability requirements and the associated documentation required for the applicable third-party certification system to meet certification requirements for all sustainable building credits as identified in the Design Checklist for this project.

a. The Contractor will submit documentation for approval for all sustainable building credits.

b. The Contractor will submit all backup documentation required to meet credit requirements of each sustainability credit, so the Owner's certification application is approved.

4.3.6 Construction Administration Services. Professional services are required to process the large amount of information submitted by the prime construction contractor to the Government. This includes material and equipment submittals that require review in accordance with the requirements of the contract drawings and specifications and subsequent approval. In addition, formal RFIs are submitted by the contractor to the Government throughout the construction period that require review and written guidance. For large projects, NASA will often establish a separate contract for these professional administrative services with the A-E firm that performed the final design services. The cost for these services should be accounted for in project AFPCE.

4.3.7 BIM. Refer to sections 2.2.3.4 and 3.5.6. For projects that include a BIM model as part of the final design deliverables, the FPM shall include requirements within the construction contract for the contractor to maintain the BIM model throughout the construction process. The construction contractor should be directed to incorporate any field changes or adjustments made during the construction phase and return the model to the Government at the end of the contract such that it reflects as-built conditions.

4.4 Construction Contract Oversight

4.4.1 General. During the execution of the construction contract, NASA provides oversight of the construction contractor to ensure conformance with the terms, conditions, and requirements of the contract including drawings and specifications, compliance with the schedule, implementation plan, etc. This includes managing costs for unforeseen field conditions, design errors and omissions, and minor scope changes within the available contingency. These oversight services are provided collaboratively by the CO, the COR, and contracted individuals funded with the project's allocation for SIES. The funding allocation for SIES is included in the AFPCE for the project. (Refer to Appendix D.)

4.4.2 Role of the COR in construction oversight. The COR will act as the formal liaison between NASA (Facility Project Team, customers, and other stakeholders) and the construction contractor.

However, only the CO has authority to direct the construction contractor or make decisions that could obligate the Government. Typical COR construction oversight duties include, but are not limited to:

a. Managing the A-E construction administrative services contract and ensuring the timely delivery of approval submittals and answers to RFIs to the construction contractor.

b. Ensuring that all required permits are received prior to starting work and signed off upon completion.

c. Collaborating with the contracted construction management services (funded under SIES) daily and reviewing status reports and inspections logs.

d. Overseeing construction progress including comparing the progress of the work in the field with the contractor's schedule of values. If EVM is implemented, the COR oversees this process and coordinates with the contractor's EVM specialist.

e. Processing contractor requests for payment (in concert with the CO).

f. Managing the technical review of contractor change requests and assisting in the development of the associated Government Cost estimates. Assisting the CO in executing relevant changes in official contract modifications.

g. Ensuring that contractor-led safety briefings (i.e., "toolbox meetings") occur in accordance with the contractual requirements.

h. Attending weekly construction status meetings and ensuring that the contractor is capturing all field changes by redlining the construction drawings.

i. Collaborating with the third-party sustainability contractor and monitoring the required checklists.

j. Upon construction completion, ensuring that all sustainability check-sheets and other required information is submitted to the third-party entity (LEED, Green Globes) to obtain formal certification.

k. Aiding in the establishment of a formal punch-list and ensuring that all items are addressed by the construction contractor.

l. Collaborating with the Center's AHJ to obtain occupancy certification (and establish Beneficial Occupancy).

m. Ensuring that the construction contractor is maintaining equipment that has been installed under the construction project, yet not officially turned over to the Government, to ensure that the expected manufacturers' recommendations are followed to avoid warranty issues.

4.4.3 Role of contracted construction management services (funded by SIES). Depending on the size of the project, construction management services can range from a team of individuals (construction engineers, managers, schedulers, quality assurance personnel) to a few quality assurance inspectors. Hence, the scope of required services varies in accordance with the size of the project. Typical construction management duties include:

a. Providing oversight of construction contract performance in the field to ensure compliance with the drawings and specifications.

b. Serving as a Subject Matter Expert (SME) to the COR.

c. Preparing daily status reports and inspection logs.

d. Collaborating with the construction personnel on any unforeseen field conditions and/or design errors or omissions and communicating these issues to the COR.

e. Providing oversight on any design changes resulting from Government responses to RFIs to ensure that they are being executed accordingly in the field.

4.5 Construction Closeout

4.5.1 General. For construction commissioning requirements, outfitting, punch list activities, and requirements for project turnover to the Center's M&O function, refer to Chapter 5, Activation.

4.5.2 Certificate of Occupancy (or Beneficial Occupancy). For the construction of new buildings or the major modification of existing buildings, a Certificate of Occupancy, issued by the AHJ, is required prior to building occupancy in accordance with NASA-STD-8719.11, Section 6.6. This certificate will be issued upon completion of all inspections (resulting in no violations of the applicable codes) and after all fire and life safety systems have been tested and accepted.

4.5.3 Construction Contract Records Retention. The FPM and the CO will ensure that all records associated with the construction contract are retained in accordance with NPR 1441.1.