Construction Management, Contracting, And Oversight Principles: An Eccm .
CONSTRUCTION MANAGEMENT,CONTRACTING, AND OVERSIGHTPRINCIPLES: AN ECCM TRAININGDOCUMENTNovember 2017This publication was produced for the United States Agency for International Development (USAID) Task Order# AID-OAA-TO-12-00048, under the Global Architecture and Engineering (A&E) Indefinite Quantity Contract(IQC) No. EDH-I-00-08-00027
CONSTRUCTIONMANAGEMENT, CONTRACTING,AND OVERSIGHT PRINCIPLES:AN ECCM TRAININGDOCUMENT
FOREWORDCore Engineering and Construction Contracting Management (ECCM) training program resources have beenmade available as helpful resource documents for planning, preparing solicitations, and implementing andmanaging construction projects.ECCM TRAINING COURSESThe ECCM 201 course was initiated through a task order awarded under the Bureau for Economic Growth,Education, and Environment’s (E3’s) Architectural and Engineering (A&E) Global IQC and transferred toM/OAA/PDT to complete course development and management. Subsequent to the task order transferECCM 211 - Local Systems (LS) was created. ECCM curricula were produced based on adult learningprinciples and are available for all USAID staff. The program is designed primarily to improve USAID’sAcquisition Workforce (AWF)1 contractual knowledge about and access to A&E and construction services,best practices, lessons learned, and reference materials when undertaking construction projects in thedevelopment context. The ECCM training program will assist the USAID AWF to achieve the ultimateobjective of a successful construction project - completion according to specifications, within budget, whilemeeting industry quality standards, notwithstanding all construction challenges. Missions may desire, asappropriate, request technical engineering support services from the E3, Office of Energy and InfrastructurePrograms (E&I) or USAID regional missions.ECCM curricula are intended to emphasize U.S. Government rules and regulations, and USAID operationalguidance and policies when implementing construction projects in partner countries. ECCM curriculacombine lecture-style presentations with interactive discussions and group activities to provide participantsimmediate operational skills and knowledge. Course materials include presentation slides, group exercises anddiscussions, checklists, and many short videos and supporting reference and resource materials.M/OAA/PDT and E3 sponsored training classes for over 300 USAID AWF members primarily through thetwo courses -- ECCM 201 and ECCM 211 - LS. All interested USAID staff are strongly encouraged to enrollin ECCM courses through USAID University. Below are brief descriptions of the ECCM 201 and ECCM211-LS and a list of additional “Supplementary Training Resource Documents”:ECCM 201The overall goal of ECCM 201 is to provide the USAID AWF with basic operational skills and competenciesrelated to procurement and management of construction projects. This course covers many ECCMcontracting subject matter areas including alternative procurement instruments and financing options, theconstruction program life cycle and its phases, and sequencing relationships including planning, design,procurement, construction, oversight, post construction, operation and maintenance (O&M), andsustainability.1 Acquisition Workforce in defined as Contracting/Assistance Specialists, Contracting/Assistance Officer Representatives, PurchasingSeries staff, Executive Officers Foreign National Procurement Staff and Personal Services Contractors employed as procurement staff.CONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENT
ECCM 211- LSThe ECCM 211- LS course curriculum was designed as a follow-on course to ECCM 201. The overall goal isto provide USAID AWF with additional and higher-level knowledge, skills, and competencies for complexconstruction project situations, choice of implementation instruments and financing options when usingdirect contract, assistance, host country contracting (HCC), and government-to-government (G2G)instruments. ECCM 211-LS makes extensive use of example documents as learning guides to provide theUSAID AWF “real-time” exposure to common procurement, implementation, and management issues.ECCM SUPPLEMENTARY TRAINING DOCUMENTSSupplementary training documents were drafted by former senior USAID engineers and funded by M/OAAfor the ECCM training program and include updated USAID guidelines and procedures. These trainingdocuments have been tailored to support the AWF’s understanding of selected ECCM processes. Weanticipate that USAID’s AWF and other staff will find these documents useful and are welcome to read anddownload them as needed from the M/OAA/PDT web page. The ECCM supplementary training documentscompleted to date include:1. Reference for Construction Management and Contracting Processes: An ECCM Training Documentprepared by Fred Zobrist, 20172. Construction Management, Contracting, and Oversight Principles: An ECCM Training Documentprepared by Moenes Youannis, 20173. Construction Tendering And Contracting Guidelines: An ECCM Training Document prepared byMichael Gould, 20174. A Basic Reference for Architectural and Engineering (A-E) Contracting: An ECCM TrainingDocument prepared by Michael Gould, 20175. Use of Government to Government (G2G) Fixed Amount Reimbursement (FAR) in ConstructionProjects: An ECCM Training Document prepared by Moenes Youannis, 20176. Use of Host Country Contracting in Construction Projects: An ECCM Training Document preparedby Moenes, 2017With my compliments,Jean HortonChief, Professional Development and Training DivisionAgency Career ManagerM/OAA/ACTS/PDTU.S. Agency for International DevelopmentCONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENT
TABLE OF CONTENTSACRONYMS ··············· IIIEXECUTIVE �·· IV1.2.3.4.INTRODUCTION ························ 11.1Objectives . 11.2USAID Infrastructure Projects . 21.3USAID Financing and Implementation of Construction Projects . 3KEY PLAYERS AND STAKEHOLDERS IN CONSTRUCTION PROJECTS··················· 62.1The Owner. 62.2The Construction Contractor . 72.3Subcontractors and Suppliers of Equipment and Material . 72.4The Financier . 72.5The Beneficiaries and Community. 82.6The A-E Firm. 82.7USAID. 8CONSTRUCTION PROJECT LIFE CYCLE ············ 103.1Planning and Conceptual Designs . 103.2Procurement Planning . 113.3Procurement of Engineering and Construction Services . 113.4Development of Preliminary and Full Designs . 113.5Construction and Oversight. 113.6Start-Up and Commissioning . 113.7Contract Close-Out and Settlement of Disputes. 113.8Operation and Maintenance. 12CONSTRUCTION OVERSIGHT AND MANAGEMENT ··················· 144.1USAID Construction Assessment Report (2014) . 164.2Construction Management and Program Management. 174.3The A-E Team . 17CONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENT
5.LESSONS LEARNED AND BEST PRACTICES ······ 256.ADDITIONAL SUPPORT AND RESOURCES ······· 276.1ECCM Training Courses . 276.2Engineering Support Through E3/EI and the A-E IDIQ . 286.3USAID Supplementary training document s . 28ANNEX A – FIDIC DEFINITION, DESCRIPTION, AND SUPPLEMENTALINFORMATION ONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENT
tecture and EngineeringAutomated Directive SystemsApproval for the Use of Partner Government SystemsCost-reimbursable plus fixed feeContracting OfficerContracting Officer RepresentativeFederal Acquisition RegulationsFixed Amount Reimbursement AgreementFédération Internationale des Ingénieurs Conseils (International Federation ofConsulting Engineers)Government to GovernmentHost CountryHost Country ContractingHost Country Implementation EntityHost Country Implementation UnitImplementation LetterOperation and MaintenanceProject Appraisal DocumentPublic Financial ManagementPublic Financial Management Risk Assessment FrameworkPartner GovernmentPartner Government Implementation EntityPartner Government SystemsPublic international organizationProgram ManagementStatement of workUnited States Agency for International DevelopmentCONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENTIII
EXECUTIVE SUMMARYUSAID-funded construction projects have been extremely important in achieving the U.S. Governmentdevelopment objectives worldwide. USAID has invested billions of dollars to finance infrastructure projectsin many countries to provide access to basic services and to rebuild damaged infrastructure resulting fromconflicts, or natural disasters. USAID construction projects have been crucial for addressing the need forservices in unserved areas, as well as rebuilding damaged infrastructure systems in post-conflict and postdisaster programs.As part of USAID infrastructure projects, USAID has funded development of master plans, engineeringstudies, engineering designs, construction of infrastructure facilities, and construction management andoperation and maintenance (O&M) services. USAID funded construction projects were either standaloneinfrastructure projects or as components of projects such as health, education, economic growth, anddemocracy and governanceProjects funded by USAID varied in size, complexity, project delivery method, implementation instrument,and funding methods. Although construction projects may vary in many aspects, they still have manycommon features. Construction projects require extensive coordination and supervision efforts. Engineeringservices and construction oversight have always been important for the success of these projects. TheArchitecture and Engineering (A-E) firm, also referred to as the “Engineer” or the Construction ManagementContractor (CMC), generally develops project designs, supports the “Owner” during the procurementprocess, and provides construction oversight throughout the construction project from inception tocompletion.The USAID Construction Assessment Report (2014) under titles such as: Key Findings, Critical Success Factors,and Best Practices emphasizes the crucial need for construction oversight and quality verification in allconstruction project.The A-E firm tasked with providing construction management and oversight services assigns a team oftechnical and administrative professionals to oversee the construction contract and provide daily oversight ofconstruction activities. This team is usually led by an official representative, “Engineer’s Representative” asthe authorized individual managing the project in the field office and supported by a number of specializedindividuals from the home office of the A-E firm or specialized subcontractors.Some of the A-E firm’s tasks include reviewing the Construction contractor’s securities and bonds,construction schedule, O&M manuals, construction contractor submittals, requests for extension of time orcompensation for additional costs incurred or payment for extra work, and the construction contractor’sclaims. The A-E also conducts daily construction monitoring and inspection, inspections during the DefectsLiability Period, and monitors the implementation of Risk Management, Quality Control, and SafetyPrograms on behalf of the “Owner”. The A-E approval of the Contractor’s Construction Risk ManagementCONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENTIV
and Quality Control Programs, Shop drawings and submittals, construction Safety plans, and requests forpayment are only few examples of a much broader scope that the A-E firm is generally tasked with. These areaddressed in more details in several sections of this supplementary training document. The A-E firm is alsoexpected to keep USAID and the host government informed in a timely manner of any issues that may affectthe quality, schedule, or cost of the project.Obtaining the services of a qualified, experienced, and independent A-E firm to provide constructionoversight and management services, according to a well-defined scope, is important to complete constructionprojects on time, within budget, and according to specifications.CONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENTV
1. INTRODUCTION1.1OBJECTIVESThe primary objective of this supplementarytraining document is to provide USAIDengineering and non-engineering developmentprofessionals with a one-stop reference forconstruction oversight and management, underUSAID funded infrastructure programs. Thissupplementary training document providesUSAID professionals with tools and a simple roadmap to help them steer construction projectsthrough the different phases of construction. Itassists USAID personnel in achieving the ultimateobjectives of a successful project: completing theproject according to specifications, on time, withinbudget, and according to industry qualitystandards, notwithstanding all constructionchallenges.The supplementary training document provides adetailed discussion of why using constructionmanagement services is important for the successof infrastructure projects. It also describes theroles and responsibilities of the constructionmanagement contractor (CMC), as well as otherkey stakeholders during the design andimplementation of USAID funded infrastructureprograms. Finally, it provides a discussion ofUSAID infrastructure programs risks, successfactors, and important lessons learned based onthe recent USAID Infrastructure Assessment Report of2014, and many years of USAID experience in thedesign, procurement, and management of USAIDfunded infrastructure programs. Some of theselessons are based on USAID/Egypt’s 30 years ofexperience implementing major infrastructureprograms. These programs were USAID’s mostchallenging, successful, and diverse infrastructureprograms which were implemented through acombination of Host Country Contracting (HCC),Direct Contracting, and Government toGovernment (G2G) assistance. USAID’sexperience in Egypt is a good source of first-handinformation to better understand the roles ofUSAID, the roles of stake holders and parties forconstruction contracts, the challenges andconstraints, and the need for utilizing engineeringexpertise.The supplementary training document includesdefinitions, guidelines, and a brief discussion ofUSAID construction projects. It provides anoverview of a typical construction project lifecycle, identifies important stakeholders and partiesfor construction contracts, and discusses thecontractual and work relationships between themwhile focusing on USAID’s role. Challenges facedin implementing construction projects are alsodiscussed with the objective of enhancing USAIDstaff members’ awareness regarding what toexpect in implementing a USAID constructionproject. It provides an overview of factors thathave significantly affected these programs, andfocuses on construction oversight as an essentialtool for ensuring successful completion of theseprojects. Finally, this supplementary trainingdocument provides a list of relevant andimportant lessons learned and best practices.The primary source of regulations and guidanceused throughout this Supplementary trainingdocument are the USAID Automated DirectiveSystems (ADS) and its Supplementary References,the Federal Acquisition Regulations (FAR), andAID Acquisition Regulations (AIDAR) in effect atthe time of drafting the Supplementary trainingdocument. Some of these clauses and regulationsCONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENT1
are quoted throughout the Supplementary trainingdocument. Readers are strongly encouraged toregularly check the ADS, FAR, and AIDAR formore recent updates.1.2 USAID INFRASTRUCTUREPROJECTSUSAID-funded construction projects have been asuccessful investment in achieving the U.S.Government development objectives. As part ofthese efforts, USAID has invested billions ofdollars to finance infrastructure projects in manycountries.The objectives of USAID construction programsvary by country. In some it has been to provideaccess to basic services to impoverished andunderserved communities, in other countries it hasbeen to rebuild the infrastructure that wasdestroyed as a result of lengthy and destructiveconflicts, or natural disasters. USAID constructionprograms have been successful in addressing theneeds for service, as well as dealing with postconflict and post-disaster damaged infrastructuresystems.MATCHING TERMINOLOGIESproviding construction management, andoperation and maintenance (O&M) ofconstruction activities. With such sizeableinvestments, USAID funds have successfullysupported a wide range of construction projects,which were either: Standalone infrastructure projects such aswater treatment plants, wastewatertreatment plants, roads, bridges, andpower plants Components of other sectors projectssuch as health, education, localdevelopment, economic growth, anddemocracy and governanceProjects funded by USAID varied in terms of sizeand complexity from major state-of-the-artmultidisciplinary projects such as power plants,water treatment plants, and wastewater treatmentplants costing hundreds of millions of dollars, tosimple one-classroom schools, earth and gravelroads, or water stand posts in rural areas, eachserving small communities.USAID infrastructure programs also varied in theproject delivery method including: Design-bid-build (DBB), the traditionaldelivery method where design andconstruction are sequential andcontracted separately with two contractsand two contractors (FAR 36.102,Definitions) Design-build (DB), combining design andconstruction in a single contract with onecontractor (FAR 36.102, Definitions) Program Management (PM), a projectdelivery method to implementinfrastructure programs efficiently withrespect to time and cost when there islittle definition up front on what specificfacilities are to be planned, engineered,and constructed. Under this projectdelivery method, the PM firm providesHost Country Cooperating Country Partner Government (PG)Host Country Implementing Unit PartnerGovernment Implementing Entity (PGIU)Architecture and Engineering firm (A-E) Engineer Engineering Consulting Contractor Construction Management Contractor(CMC)Fixed Amount Reimbursement (FAR) FixedAmount Reimbursement Agreement (FARA)Owner EmployerUSAID infrastructure projects include developingmaster plans, conducting engineering studies,developing engineering designs, construction ofinfrastructure facilities and service buildings,CONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENT2
planning, engineering, and constructionmanagement services on a costreimbursable plus fixed fee (CPFF) basis,working closely with USAID. The PMfirm performs studies to define theneeded infrastructure. Upon USAID’sapproval of the specific infrastructure, thePM firm then procures the services ofsubcontractors to provide technical,engineering, and construction services1.3 USAID FINANCING ANDIMPLEMENTATION OF CONSTRUCTIONPROJECTSUSAID uses several implementation instrumentsand financing options. Following is a briefoverview of three that USAID has generally usedin implementing its construction projects.1.3.1 Direct Contracts (ADS 302)negotiating, and implementing USAID activitiesusing HCC.Under HCC construction programs, USAIDfinances the goods and services being providedunder a contractual relationship between the HostCountry Implementation Unit (HCIU) and theconstruction contractor. Although USAID is not aparty to this contractual relationship, USAID isinterested in seeing this activity completedsuccessfully in order to protect its investment andachieve its development objectives. USAID mustensure that both parties to the contract arequalified, possess the required technical,management, and financial systems that areessential for the successful completion of theconstruction project, and that the procurementprocess and implementation steps are inaccordance with applicable U.S. Governmentregulations.In Direct Contracting, USAID is a direct party, asignatory, in a mutually binding legal relationshipthat obligates the seller ("contractor") to furnishsupplies or services and the buyer ("USAID") topay for them. ADS 302 prescribes the Agency’spolicy directives, required procedures, and internalguidance for the procurement of goods andservices through direct contracts for the purposesof implementing Agency’s programs andsupporting Agency’s logistics.Under this implementation instrument, USAIDhas a clear direct contractual relationship with thecontractor. USAID receives the goods or servicesand pays for them. USAID is directly involved inthe procurement process and implementation.Under this implementation instrument USAID,although not a party to the HCC, reserves theright of prior approval of the most critical steps ofthe contracting process for any Host CountryContract exceeding 250,000.1.3.2 Host Country Contracts (ADS 305)1.3.3 Government To Government(G2G) Assistance (ADS 220)Host Country Contacting (HCC) is a mechanismfor program implementation in which USAIDfinances, but is not a party to, contractualarrangements between the Host Country and thesupplier of goods and/or services (ADS 305).ADS 305, Host Country Contracts, specifies thepolicies and procedures to follow when designing,Under G2G assistance, USAID disburses fundsdirectly to a Partner Government ImplementingEntity (PGIE) to implement a project or projectactivity using the Partner Government’s (PG) ownfinancial management, procurement, or othersystems. ADS 220 specifies the policies andCONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENT3
procedures that must be followed when designing,negotiating, and implementing direct fundingagreements to PGs under G2G assistance.PG agencies generally play an extremely importantrole under the G2G assistance including settinggoals and targets, managing resources, establishingcodes and standards, monitoring and evaluation ofcontractors’ performance, providing oversight andquality control, and settling disputes.ADS 220, Use and Strengthening of ReliablePGSs for Implementation of Direct Assistance,specifies USAID policies and procedures to befollowed when designing, negotiating, andimplementing direct funding agreements to PGsunder the G2G assistance.There are two main methods of financing G2Gactivities: Cost Reimbursement (based on inputs):Under this method, USAID reimbursesthe PG for the costs of the inputs that arereasonable and necessary to implement anapproved project or a project activity.Inputs are defined in the ProjectAppraisal Document (PAD) and providethe basis for the financial plan for theproject or project activity Fixed Amount Reimbursement (based onachievement of outputs or associatedmilestones): Under this method, USAIDpays a fixed amount for the PG’scompletion of activity outputs orassociated milestones based on aIN GENERAL:Design, procurement, construction, andconstruction supervision services of USAIDfunded projects are either carried out by majorU.S. engineering and construction contractorsor by local engineering and constructioncontractors. Local contractors’ capabilities varygreatly from one country to the other andwithin the same country.reasonable estimate of the costs likely tobe incurred to produce or achieve anobjectively verifiable, independentlyuseful output or associated experience.Outputs or associated milestones must beclearly defined regarding quality standardsas measured and verified by USAID, orits third-party representative forcompletion in accordance with the agreedupon specifications. As earlier mentionedin the document, this method of financeis referred to throughout the document asFixed Amount ReimbursementAgreement (FARA), instead of simplyFixed Amount Reimbursement, to avoidconfusing the term with the FederalAcquisition Regulations (FAR).ADS 303 maw: to address many of the issuesand controversies surrounding the selection of themost suitable contracting mechanism for theprocurement of engineering and constructionservices, USAID issued “USAID Implementation ofConstruction Activities”, A Mandatory Reference forADS Chapters 303 (303maw) to “state theAdministrator-approved policy limiting the use ofassistance awards to implement constructionactivities.”It is important to note that some of the USAIDinfrastructure programs include a combination ofthe above-mentioned mechanisms. For example,in some infrastructure programs USAID usesdirect contracting for the procurement ofengineering design and construction managementservices, and funds HCC for the procurement ofconstruction services.Throughout a USAID funded infrastructureprojects’ life cycle – from conceptualization toO&M – in the daily implementation andcontractual matters, USAID works closely withthe Host Country Implementation Unit (HCIU).The HCIU is the host government unit authorizedCONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOCUMENT4
by the recipient host country government(Borrower or Grantee). This unit is generally therecipient and ultimate owner and operator of thefacilities funded by USAID. Roles, responsibilities,and obligations of each party are generallydescribed in the Bilateral Agreements betweenUSAID and the Host Government andsubsequent Implementation Letters (IL).The capabilities of the Host Country (HC)counterparts tasked with implementing theprojects varies from country to country, and inmany cases, varies between different geographiclocations within the same country. Similarly, thetechnical and financial qualifications andcapabilities of the contractors and engineeringfirms designing and carrying out the actualconstruction are different.There are a few cases where these HCIUs are wellestablished and capable government authoritieswith thousands of employees and relativelysophisticated systems. However, in many casesthey are simple local government units operatingin small urban or rural areas with limited resourcesand few qualified personnel. It is important topoint out that not many of these governmentunits have the expertise and adequatemanagement, procurement, or financialmanagement systems to undertake infrastructureprograms. Generally, these units need significantassistance and hand-holding throughout thedesign, procurement, and construction phases ofUSAID-funded infrastructure programs.Similarly, USAID missions with infrastructureportfolios are different in terms of their ability tohandle infrastructure programs design andimplementation responsibilities. Some USAIDmissions do not have the engineering, orcontracting staff, or experience required for thedesign, procurement, and implementation ofinfrastructure programs.CONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAININGDOC
CONSTRUCTION MANAGEMENT, CONTRACTING, AND OVERSIGHT PRINCIPLES: AN ECCM TRAINING DOCUMENT 1 1. INTRODUCTION 1.1 OBJECTIVES The primary objective of this supplementary training document is to provide USAID engineering and non-engineering development professionals with a one-stop reference for construction oversight and management, under
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Chapter 3 Flawless Consulting 37 Being Authentic 37 Completing the Requirements of Each Phase 41 Results 47 Chapter 4 Contracting Overview 53 Contracting—The Concept and the Skill 54 Contracting Skills 58 Elements of a Contract 59 Checklist #2. Analyzing One of Your Contracts 67 Ground Rules for Contracting 67
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The examinations in the Russian Language and Mathematics are compulsory, and the rest are optional. A individual’s choice of examinations to take is usually determined by his/her desire to enter to a particular university program. The current situation is presented in Figure 1.
