\$\$155.00A

######### Section 155.---SCHEDULES FOR CONSTRUCTION CONTRACTS

Revised 6 May 2005

*[INCLUDE THE FOLLOWING WHEN EE LESS THAN \$3 MILLION, UNLESS LONG CPM
CLAUSE APPLIES, SEE BELOW]{.mark}*

\$\$155.02A

155.02. Add the following after the third paragraph:

**155.02A Weather Delays.**

> **(a) Weather Delay Definitions.**
>
> **(1) Reasonably Predictable Weather.** The number of workdays that
> can expected to be lost in any month due to rainfall based on 10-year
> historical weather data.
>
> **(2) Rain Day.** A potentially lost workday on which rainfall is
> equal to or greater than 0.10 inches [(2.5 millimeters)]{.mark}.
>
> **(3) Drying Day.** A work day(s) immediately following a rainfall
> equal to or greater than 1.00 inch [(2.5 centimeters)]{.mark} which is
> potentially lost because of wet ground conditions.
>
> **(4) Workday.** A day not excluded from work by Section 108 of the
> Special Contract Requirements.
>
> **(5) Unusually Severe Weather.** When the number of Actual Workdays
> Lost is greater than the calculated Total Lost Days for the month in
> question.
>
> **(b) Reasonably Predictable Weather.** Determine Reasonably
> Predictable Weather for this contract by completing Table 155-1.
> Calculate data for Table 155-1 as follows:
>
> **(1)** Using the last 10 years of historical weather data from the
> nearest NOAA weather data collection station, compute the average
> number of workdays lost (rain days plus drying days) for each month
> and the standard deviation from the average. Add the average number of
> workdays lost to the standard deviation.
>
> **(2)** The Total number of Lost Days (Average Workdays Lost plus 1
> Standard Deviation, rounded to whole days) will be considered normal
> for each month.
>
> **(3)** Submit a completed Table 155-1 with the initial construction
> schedule.
>
> **(c) Unusually Severe Weather** Under FAR Clause 52.249-10, Default
> (Fixed‑Price Construction), the Contractor can request time for a
> delay due to Unusually Severe Weather.
>
> The number of Actual Workdays Lost is calculated by first totaling the
> actual Rain Days plus the actual Drying Days occurring in the month in
> question. From this total, deduct any workdays meeting the following
> conditions:
>
> **(1)** The Rain Day or Drying Day occurred on a non-work weekday such
> as a holiday.
>
> **(2)** Rainfall occurred at a time when no weather dependent work was
> in progress or occurred during planned or unplanned shutdowns due to
> other circumstances such as equipment failure, strikes, material
> supplies, delays, etc.
>
> **(3)** The Contractor was still working or able to work on weather
> dependent activities to the extent that less than 50 percent of the
> workday was lost due to weather.
>
> If the net number of Actual Workdays Lost is greater than the Total
> Lost Days, then Unusually Severe Weather occurred during the month in
> question.
>
> **(d) Time Adjustments for Rain Delays.** If the net number of Actual
> Workdays Lost to rain is less than the Total Lost Days for the month
> in question, no time adjustments will be made. If the net number of
> Actual Workdays Lost is more, then an excusable time extension may be
> granted. The Contractor must submit a Weather Time Impact Analysis
> supporting any alleged delays due to Unusually Severe Weather.
>
> **(e) Delays Due To Other Weather Conditions.** Delays due to other
> unusually severe weather conditions (snow, extreme cold or heat, high
> winds, etc.) must be supported with a Weather Time Impact Analysis
> using historical weather data.

\$\$155.02B

155.02. Delete the last paragraph and substitute the following:

The Construction Contract Time shown on the construction schedule for
contract completion or for any interim completion dates shall be the
calendar dates established in the contract.

\$\$155.04A

155.04. Add the following to the first paragraph:

For a computer-generated CPM, use Primavera software or software that is
file-compatible with Primavera.

*[INCLUDE THE FOLLOWING (LONG CPM CLAUSE) WHEN EE EXCEEDS \$3 MILLION OR
THE PROJECT IS SENSITIVE (COMPLEX CONSTRUCTION OR POLITICALLY) TO THE
TIMING OF CONSTRUCTION ACTIVITIES. ALSO INCLUDE THE 15501-0000
CONSTRUCTION SCHEDULE IN THE EE.]{.mark}*

\$\$155.02C

155.02 through 155.09. Delete the Subsections and substitute the
following:

## **Construction Requirements**

**155.02 General**

**(a) General format and purpose of the project schedule.**

> **(1)** Develop a network plan and schedule, demonstrating fulfillment
> of the contract requirements. Keep the network up to date and utilize
> the plan for scheduling, coordinating, and monitoring work under this
> contract. The network schedule shall be computer-generated using
> Primavera software or software that is file compatible with Primavera.
> The schedule shall be called the Critical Path Method - Project
> Schedule (CPM-PS).
>
> Use the principles and definitions of the terms in The Association of
> General Contractors in America (AGC) publication \"Construction
> Planning & Scheduling\", copyright January 1994, except that this
> specification shall govern in the case of conflicts.
>
> **(2)** Use the CPM-PS for coordination and monitoring of all work
> under this contract, including all subcontractors and suppliers. If a
> subcontract has not yet been awarded for a certain portion of the
> work, develop the schedule for that work. After any subsequent
> subcontract award, propose a revision to the CPM-PS to reflect any
> changes resulting from this new contractual arrangement.
>
> **(3)** No construction work on the project (other than mobilization
> and traffic control) is allowed without an approved 60-day Preliminary
> Activity Schedule (PAS).
>
> **(4)** No progress payments will be made until the Initial CPM
> Progress Schedule (Initial CPM-PS) has been approved.
>
> **(b) Contractor\'s Representative.** At or before the Preconstruction
> Conference, designate an individual in the Contractor\'s organization
> who shall be the Contractor\'s authorized representative responsible
> for the preparation, updating, and revision of the Project Schedule
> and who shall review and report progress of the project with and to
> the CO. This person shall be skilled in the application of computer
> network scheduling techniques on construction projects of the
> magnitude and complexity of this project.
>
> **(c) Weather Delays.**
>
> **(1) Weather Delay Definitions.**
>
> *(a)* Reasonably Predictable Weather. The number of workdays that can
> expected to be lost in any month due to rainfall based on 10-year
> historical weather data.
>
> *(b)* Rain Day. A potentially lost workday on which rainfall is equal
> to or greater than 0.10 inches [(2.5 millimeters)]{.mark}.
>
> *(c)* Drying Day. A work day(s) immediately following a rainfall equal
> to or greater than 1.00 inch [(2.5 centimeters)]{.mark} which is
> potentially lost because of wet ground conditions.
>
> *(d)* Workday. A day not excluded from work by Section 108 of the
> Special Contract Requirements.
>
> *(e)* Unusually Severe Weather. When the number of Actual Workdays
> Lost is greater than the calculated Total Lost Days for the month in
> question.
>
> **(2) Reasonably Predictable Weather.** Determine Reasonably
> Predictable Weather for this contract by completing Table 155-1.
> Calculate data for Table 155-1 as follows:
>
> *(a)* Using the last 10 years of historical weather data from the
> nearest NOAA weather data collection station, compute the average
> number of workdays lost (rain days plus drying days) for each month
> and the standard deviation from the average. Add the average number of
> workdays lost to the standard deviation.
>
> *(b)* The Total number of Lost Days (Average Workdays Lost plus one
> Standard Deviation, rounded to whole days) will be considered normal
> for each month.
>
> *(c)* Submit a completed Table 155-1 with the initial construction
> schedule.
>
> **(3) Unusually Severe Weather** Under FAR Clause 52.249-10, Default
> (Fixed‑Price Construction), the Contractor can request time for a
> delay due to Unusually Severe Weather.

The number of Actual Workdays Lost is calculated by first totaling the
actual Rain Days plus the actual Drying Days occurring in the month in
question. From this total, deduct any workdays meeting the following
conditions:

> *(a)* The Rain Day or Drying Day occurred on a non-work weekday such
> as a holiday.
>
> *(b)* Rainfall occurred at a time when no weather dependent work was
> in progress or occurred during planned or unplanned shutdowns due to
> other circumstances such as equipment failure, strikes, material
> supplies, delays, etc.
>
> *(c)* The Contractor was still working or able to work on weather
> dependent activities to the extent that less than 50 percent of the
> workday was lost due to weather.

If the net number of Actual Workdays Lost is greater than the Total Lost
Days, then Unusually Severe Weather occurred during the month in
question.

> **(4) Time Adjustments for Rain Delays.** If the net number of Actual
> Workdays Lost to rain is less than the Total Lost Days for the month
> in question, no time adjustments will be made. If the net number of
> Actual Workdays Lost is more, then an excusable time extension may be
> granted. The Contractor must submit a Weather Time Impact Analysis
> supporting any alleged delays due to Unusually Severe Weather.
>
> **(5) Delays Due To Other Weather Conditions.** Delays due to other
> unusually severe weather conditions (snow, extreme cold or heat, high
> winds, etc.) must be supported with a Weather Time Impact Analysis
> using historical weather data.

**155.03 60-DAY PRELIMINARY ACTIVITY SCHEDULE (PAS)**

> **(a) Requirement to Submit.** At least 5 working days before the
> Preconstruction Conference, submit 5 copies of a 60-Day Preliminary
> Activity Schedule (PAS) to the CO for review and approval.
>
> **(b) Form.** Submit the PAS in written narrative form and include a
> detailed breakdown of all contract activities scheduled for the first
> 60 calendar days after Notice to Proceed.
>
> Include an overall description of site mobilization, all shop drawing
> and sample submittals, and the fabrication and delivery of key and
> long-lead procurement activities. Indicate intended submittal dates
> and realistic delivery dates for fabrication and delivery items.
> Provide sufficient time, in accordance with Subsection 155.03(c) for
> the CO to review, approve and dispatch each shop drawing or submittal
> after its receipt with the required information.
>
> **(c) Review and Approval of the PAS.** The CO will respond in 14
> calendar days to the PAS submission and either approve the PAS or
> request revisions. Provide the requested revisions in 7 calendar days.
>
> **(d) Effect of the PAS.** Submission and use of an approved PAS does
> not relieve the Contractor from the requirement to provide and
> implement an approved Initial CPM-PS.

**155.04 Initial (Baseline) CPM Project Schedule (Initial CPM-PS)**

> **(a) Submission.** Within 30 calendar days after the Notice to
> Proceed, develop a proposed initial CPM-PS and submit 5 hard copies of
> all CPM-PS documents and 2 copies of 3.5-inch high density computer
> diskettes containing the Primavera compatible files to the CO for
> review. The initial baseline CPM-PS shall reflect the Contractor\'s
> planned performance of the contract work including all contractual
> requirements (e.g. construction or traffic staging) and any physical
> constraints on the project. The initial baseline CPM-PS will be the
> basis on which any impacts from future contract modifications are
> determined. Proposed changes to the contractual requirements must be
> submitted, approved, and then may be included in revisions to the
> CPM-PS.
>
> **(b) Form and Requirements of the CPM-PS.** The CPM-PS shall consist
> of a schedule diagram and supporting documents. The initial CPM-PS
> shall conform to the following:
>
> **(1)** Prepare the schedule diagram using the activity-on-arrow
> diagram method (ADM) or the precedence diagram method (PDM). Depict
> the order and interdependence of all activities and the sequence of
> the work that will be accomplished by the Contractor in coordination
> with its subcontractors. Show how the completion of predecessor
> activities restricts the start of successor activities.
>
> **(2)** Cover all activities required by the contract, including both
> construction and non-construction. To the extent feasible, define and
> relate an activity (or groups of activities) to contract pay items.
>
> **(3)** The CO may require that unreflected items, or components of
> work within an item, be added to the diagram as separate activities,
> based on what the CO considers to be reasonable for a project of this
> scope and complexity.
>
> **(4)** Failure to include in the CPM-PS any elements of work required
> for performance of the contract will not excuse the Contractor from
> completing all work required by the contract by the contract
> completion date.
>
> **(5)** The CPM-PS shall begin with the date of issuance of the Notice
> to Proceed and conclude with the contract completion date established
> in the contract. Float or slack time within the CPM-PS is not for use
> or benefit of either party, but is a jointly owned, expiring project
> resource available to both parties as needed to meet the completion
> date established in the contract. No time extensions will be granted
> nor delay damages paid until a delay occurs which impacts the
> project\'s critical path, consumes all available float, and extends
> the work beyond the contract completion date.
>
> **(6)** Supporting documents shall include a submittal list, written
> narrative, tabulated schedule, and weather Table 155-1.

(c) A Time-Scaled Network Logic Diagram shall be submitted for the
    initial CPM-PS. Include the following on the schedule diagram:

    1.  All activities including those covered by the PAS. Include
        activities for correcting punchlist items and general cleanup.

    2.  Show all activity nodes or boxes, activity IDs, activity
        descriptions, and durations.

**(3)** Group the activities independently by area (i.e. separate
distinct bridges or roadways) and by type of work (e.g. submittals,
utilities, roadway, bridge).

> **(4)** Include a concise description of the work represented by each
> activity, which shall be placed at or near the event node or box for
> each activity. If the project is of sufficient complexity that the
> concise description cannot be legibly placed on the diagram, submit a
> tabulation of all activities by their event node or box numbering and
> description.
>
> **(5)** Code each subcontractors\' activities so that their activities
> can be shown separately as well as cumulatively.
>
> **(6)** Construction activities shall have durations of whole working
> days, with a maximum duration of 25 working days each. Divide
> activities with longer durations into subgroups of activities not
> exceeding 25 working days in duration. Indicate logical start and end
> points (e.g. stationing, staging, etc.) for each subgroup.
>
> **(7)** Non-construction activities may have durations exceeding 25
> working days consistent with the contract. Non-construction activities
> include mobilization, all shop drawing and sample submittals, and the
> fabrication and delivery of key materials. Indicate intended submittal
> dates and realistic delivery dates for fabrication and delivery
> activities. Provide the required times for CO review, approval, and
> dispatch of each submittal and resubmittals. Where no times are
> specified, provide 14 calendar days for the review, approval, and
> dispatch of each submittal and resubmittals after receipt by the CO.
>
> **(8)** Indicate the total number of anticipated working days to
> complete each activity of work.
>
> **(9)** Identify the critical path on the diagram.

(d) **Supporting documents**

**(1) Submittal List.** Submit a list of all drawing and sample
submittals required for the entire contract period. Include:

> *(a)* Contractor Quality Control Plan;
>
> *(b)* Asphalt Mix Designs;
>
> *(c)* Concrete Mix Designs;
>
> *(d)* Bridge Falsework and Formwork Designs;
>
> *(e)* Manufactured Items;
>
> *(f)* Test Panels;
>
> *(g)* Contract Specialty Items.

(2) Include the following information for each submittal:

> *(a)* Bid Item Number;
>
> *(b)* Item Description;
>
> *(c)* Related Activity ID Number and Description from the CPM-PS;
>
> *(d)* Planned Date of Initial Submittal;
>
> *(e)* Planned Date of CO\'s Initial Response;
>
> *(f)* Comments.
>
> **(3) Written Narrative.** Provide a written narrative describing the
> rationale and assumptions utilized in the development of the proposed
> CPM‑PS schedule. The narrative will serve, in conjunction with the
> diagram, as the basis for the CO\'s review and approval of the CPM-PS.
> This narrative should use the schedule diagram as the basis of all
> schedule-related comments, referencing specific activities by number
> and description. Include the following in the written narrative:
>
> *(a)* A description of the planned critical path and the general
> sequence of work.
>
> *(b)* Information and references to adequately define the scope of
> work included in each major activity type (e.g. roadway excavation,
> aggregate base course). This would include such information as station
> numbers, location, etc.
>
> *(c)* A description of the resource loading planned for use in the
> performance of the work for each major activity. The Contractor\'s
> determination of major activities is subject to approval by the CO.
> The description should include manpower allocation by types of labor
> and crew size, types and number of equipment and any special
> equipment, materials, and subcontractors involved.
>
> *(d)* A description of the basis (including the resource loading
> above) for the calculation of the duration for all major activities,
> to be stated as quantity production rates (e.g. cubic feet of
> excavation per day, etc).
>
> *(e)* A description of planned workdays per week (Monday through
> Friday, or Saturday), number of shifts per day, and number of hours
> per shift.
>
> *(f)* A description of the assumptions used in converting working days
> to calendar dates; including anticipated holidays, non-work (idle)
> days, Contractor scheduled winter shutdowns, contract constraints, and
> weather constraints as determined in Subsection 155.02(c).
>
> *(g)* Identify the subcontractor or supplier performing an activity
> and identify their activity codes used on the schedule diagram. State
> all assumptions made in the scheduling of the subcontractor\'s or
> supplier\'s work.
>
> *(h)* Describe expected and critical delivery dates for equipment or
> mate­rial that can affect timely completion of the project.
>
> *(i)* Describe critical completion dates for maintaining the
> construction sche­dule.
>
> *(j)* A description of any organizational limitations such as resource
> constraints or subcontractor commitments, which limit scheduling
> flexibility.
>
> *(k)* Ensure that there is no conflict between the diagram and the
> narrative. The CO\'s approval of the CPM‑PS does not waive this
> responsibility.
>
> **(4) Tabular schedule.** Provide a computer generated tabular
> schedule using the Classic Schedule Report format sorted by early
> start and total float. The tabular schedule shall include the
> following data: activity ID, original and remaining duration, activity
> percent complete, subcontractors codes, activity description, early
> and late schedule dates, and total float. Two copies of the computer
> diskettes containing this data shall be submitted with the CPM-PS
> along with the hard copy printouts of this tabular schedule.
>
> Other tabular schedule report formats may be requested to analyze
> CPM-PS revisions or time impacts.
>
> **(5) Reasonably Predictable Weather.** Submit a completed Table 155-1
> using 10-year historical weather data from the nearest NOAA weather
> data collection station (see Subsection 155.02(c)).
>
> **(e) Review and Approval of the Initial CPM-PS**

(1) Within 21 calendar days of receipt of the proposed CPM‑PS, the CO
    will either approve the proposed CPM‑PS or convene a Joint Review
    Conference at which the CO and the Contractor will discuss
    corrections and adjustments to the proposed CPM-PS. If any
    corrections or adjustments to the proposed CPM-PS are agreed upon or
    directed by the CO based on this review, adjust the CPM-PS and
    submit to the CO for review and approval within 14 calendar days
    after the date of this meeting. No progress payment will be made
    until an initial baseline CPM-PS is approved.

> **(2)** When an initial baseline CPM-PS is approved, the CO will
> return an approved copy of the CPM-PS to the Contractor. This approved
> CPM-PS with its supporting documents becomes the CPM‑PS of Record.
> Thereafter, implement and execute the work under the contract in
> accordance with this schedule, unless, a revision to this schedule is
> approved by the CO. An approved updated or revised CPM-PS becomes the
> current CPM-PS of Record. The current CPM-PS of Record will be
> considered the Contractor\'s work plan for completing the entire
> contract.

**155.05 CPM-PS Updates**

> **(a) Definition of a CPM-PS Update.** A CPM-PS Update is a normal
> monthly updating of the current CPM-PS of Record with no changes in
> the schedule logic or activities and no changes to the critical path.
> An Update shall reflect work completed to date, as well as the
> Contractor\'s projection of work yet to be completed. A normal Update
> should show the project being completed by the Contract Completion
> Date.

An Update may show negative float in the schedule (i.e. the actual
completion occurs later than the Contract Completion Date). Receipt of
an Update with negative float does not constitute agreement by the
Government with the revised completion schedule. The reason for late
completion (Government, weather, or Contractor caused delay) must be
clearly explained in the written narrative. Any change to the CPM-PS of
Record regarding work that is still to be completed, can only be
effected by a CPM-PS Revision, including a Time Impact Analysis.

> Negative float due to Contractor caused delay may result in the
> following actions by the CO: a request for a revision to the schedule
> to meet the Contract Completion Date; retent withheld from progress
> payments; assessment of liquidated damages; issuance of a cure notice;
> or termination.
>
> **(b) Timing of Updates.** Monthly job site meetings to review
> progress and payment quantities will be held on a date mutually agreed
> to by the CO and the Contractor. Submit a CPM-PS Update to the CO 3
> working days before the meeting date.
>
> **(c) Form and Requirements of the CPM-PS Update.** Submit the
> following:

**(1)** Tabular Schedule (Classic Schedule Report), updated as follows:

> *(a)* Actual finish dates for completed activities;

(b) Remaining duration required to complete each activity started, or
    scheduled to start, but not completed;

(c) Float remaining for each activity;

(d) Percentages for completed and partially completed activities;

(e) The CO may request additional tabular schedules using different sort
    parameters.

**(2)** The Submittal List updated as follows:

> *(a)* Actual date(s) of initial (and all subsequent) submittal(s);

(b) Actual date(s) of CO\'s initial (and subsequent) response(s);

(c) Status of CO\'s initial (and subsequent) response(s) (i.e. Approved,
    Rejected, Approved As Noted, etc.)

(d) Comments.

> **(3) Written narrative.** Identify all changes made to the schedule
> since the last update. Describe any issues that occurred in the
> previous month impacting the schedule (e.g. delaying factors and their
> estimated impact on performance of other activities and completion
> dates; weather delays; and an explanation of corrective action taken
> or proposed). Describe any changes in the resource loading.
>
> **(4)** Provide an updated Time-Scaled Logic Diagram when requested by
> the CO.
>
> **(d) Review and Approval of the CPM-PS Update**
>
> **(1)** The CO will review and approve the CPM-PS Update within 7
> calendar days or return it for corrections. The approved CPM-PS Update
> shall become the current CPM-PS of Record.
>
> **(2)** No monthly progress payment will be made until a CPM-PS Update
> is approved.

**155.06 CPM-PS Revisions**

> **(a) Definition of a CPM-PS Revision.** A CPM-PS Revision reflects a
> significant change to the schedule logic, schedule activities,
> activity durations or some other modification to the schedule of
> planned work. Activities performed out of sequence from the CPM-PS of
> Record affecting the critical path will require a CPM-PS Revision.
>
> **(b) Timing of a Revision.** Submit proposed revisions to the CPM-PS
> in writing, as they are determined necessary by either party. A
> revision shall be submitted in conjunction with any contract
> modification that affects the CPM-PS of Record. Submission of a
> proposed CPM-PS Revision will not in itself be considered to be Notice
> to the CO of a delay or disruption, or of any other basis for a change
> under the Contract. Refer to the notice requirements in other sections
> of the Contract. Continue to submit monthly CPM-PS Updates to the
> current CPM-PS of Record until a CPM-PS Revision is approved.
>
> **(c) Form and Requirements for Submitting a Proposed CPM-PS
> Revision.** Submit the following:

(1) **Written narrative.** All proposals to revise the CPM-PS shall
    include a written narrative describing the changes to the critical
    path and any logic revisions or modifications to the schedule,
    including, but not limited to, changes in the resource loading, in
    durations, in specifications, in subcontractors, the addition or
    deletion of work, increased or decreased quantities, defective work,
    and acceleration of the work.

> Delays and disruptions, which are ongoing and of uncertain duration as
> of the date of the proposed revision, shall be identified. When any
> delays or disruptions have occurred which are the contractual
> responsibility of the Contractor (i.e. which do not entitle the
> Contractor to a time extension under the terms of the Contract),
> advise the CO of the proposed efforts to return the project to a
> schedule consistent with the terms of the Contract\--including the
> commitment of additional resources or other appropriate action. If
> this is not possible, advise the CO of the extent to which completion
> dates or other terms of the Contract will not be met so the Government
> may evaluate its options under the terms of the Contract.
>
> **(2) Time Impact Analysis.** Submit a Time Impact Analysis according
> to Subsection 155.07.

**(d) Execution of a Proposed CPM-PS Revision.** When the parties agree
to a proposed CPM-PS Revision, submit 5 hard copies of the revised
CPM-PS and 2 copies of the computer file diskettes within 7 calendar
days after the parties reach agreement. The revised CPM-PS shall include
all of the items required by Subsection 155.04(b), plus a narrative
description of the basis for the approved revisions to the CPM-PS. The
approved CPM-PS Revision shall become the current CPM-PS of Record.

**155.07 Time Impact Analysis**

> **(a) General.** A Time Impact Analysis is the procedure by which the
> Contractor demonstrates the effect of specific time impacts on the
> overall project CPM-PS. Time impacts may result in an increase or
> decrease in contract time.

If the Contractor does not submit a Time Impact Analysis, it is mutually
agreed that the particular event does not require an extension of time
to the Contract Completion Date, and the Contractor waives its right to
subsequently request a time extension.

Once any Time Impact Analysis is approved by the CO, both parties agree
to waive any rights to re-evaluate the impacts, evaluated therein, at a
later date.

> **(b) Situations Requiring a Time Impact Analysis**
>
> **(1) CO Requested Contract Modifications.** When requested by the CO
> in connection with a proposed contract modification, prepare a
> proposed revision to the CPM-PS of Record with a Time Impact Analysis
> reflecting, in detail, the anticipated impact of the contract
> modification. This revised CPM‑PS will be used as a basis to modify
> the contract time resulting from the contract modification.
>
> **(2) Time Impacts of a Contractor Proposed Contract Modification.**
> When notification of a Contractor proposed contract modification is
> given which may result in a time impact under the terms of the
> contract, (see Subsection 155.07(d)), identify the events and provide
> written notice to the CO within 7 calendar days after the commencement
> of the alleged time impact. This notice shall detail the contractual
> basis for the time impact.

Within 14 calendar days after the end of the time impact event, for
which the Contractor has given notice, submit a Time Impact Analysis
which reflects and analyzes the alleged event or contract modification.

> **(3) Weather Delays.** Submit a Weather Time Impact Analysis for
> alleged weather delays according to Subsection 155.02(c).
>
> **(c) Form and Requirements of a Time Impact Analysis.** Consecutively
> number each Time Impact Analysis. Include in each Time Impact
> Analysis, the following documents or information:
>
> **(1)** The CPM-PS of Record at the time of the alleged impact
> (Affected CPM-PS).

(2) **Narrative Impact Analysis.** Provide a detailed narrative
    description of each alleged impact event. The alleged impact to each
    and every specifically affected activity in the Affected CPM‑PS
    shall be described in detail, including how each activity referenced
    in the Time Impact Analysis reflects the alleged impact. This
    narrative shall describe:

    a.  The cause of the impact;

    b.  The start date of the impact;

    c.  The duration of the impact, specifically describing how
        Contractor caused delays were deleted from the analysis;

    d.  The activities affected; and

    e.  Whatever methods the Contractor can employ, at no or minimal
        cost to the Government, to re-sequence or reschedule the work to
        mitigate the delay.

> **(3) As-Properly Impacted Schedule.** Revise the Affected CPM-PS to
> show the impact of the activities identified in Subsection 155.07(b),
> including any re-sequencing which would mitigate the delay. If the
> contract completion date is delayed, note the amount of the requested
> time extension as a request for a delay to that date.
>
> **(d) Analysis of a Time Impact**
>
> **(1) General.**

(a) Any request for an extension of the contract time will be determined
    by the CO\'s review of the Time Impact Analysis\' effect on the
    Affected CPM-PS;

(b) Activity delays will not automatically mean that an extension of the
    Final Contract Completion Date is warranted or due. A Contract
    Modification or delay may not affect existing critical activities or
    cause non-critical activities to become critical, but may result in
    only absorbing a part of the available total float that may exist
    within an activity chain of the Network, thereby not causing any
    effect on the Final Contract Completion Date.

(c) Only delays to activities which affect the Contract Completion Date
    will be considered for a time extension. The extension of the
    specified completion date will be based upon the actual number of
    calendar days the Contract Completion Date is adjusted.

(d) Extensions of time to the Contract Completion Date under the FAR
    Clauses 52.243-4, Changes; 52.236.2, Differing Site Conditions; or
    52.212‑12, Suspension of Work, will be granted only if requested in
    writing by the Contractor within the applicable notice period.

> **(2) Float.** No extension to the Contract Completion Date will be
> issued for work performed on activities with available float. Float is
> defined as the amount of time between when an activity \"can start\"
> (the early start) and when an activity \"must start\" (the late
> start). Float is a shared commodity, not for the exclusive use or
> benefit of either party. Either party has the full use of the float
> until it is depleted. Float may be consumed by the Contractor through
> routine operational considerations; by the Government through contract
> modifications, or other actions, which are its responsibility; or by
> unusually severe weather, strikes or other actions which are the
> responsibility of neither the Contractor nor the Government. Each
> updated or revised CPM-PS shall depict float as it is currently
> projected. Once all or part of this float has been consumed, it will
> no longer be an issue with respect to subsequent events.
>
> **(3) Contractor\'s Duty to Mitigate.** It is the Contractor\'s duty
> to attempt to mitigate delay. Analyze and discuss what measures the
> Contractor plans to take to mitigate delay. Include as a minimum those
> items of no cost to the Government. Accompany any measures which are
> alleged to increase cost, such as additional staffing or equipment, by
> corresponding rationale and assumptions which analyze the additional
> requirements. In addition, any Time Impact Analysis which does not
> include a discussion of the feasibility of re-sequencing future work
> to mitigate delay at no cost to the Government will be rejected.
>
> **(e) Extensions to Contract Dates.** The Government desires all
> contract work (including all work associated with an approved time
> impact analysis) to be completed by the Contract Completion Date.
> Therefore, any time extensions to the Contract Completion Date will
> require a contract modification. In addition, no increased cost will
> be paid to the contractor to accelerate the work unless the Contractor
> has expressly notified the Government under FAR Clause 52.243-4,
> Changes, and a contract modification has been issued.

**(f) Execution of the Time Impact Analysis.** Incorporate approved
logic changes or time extensions into the CPM-PS by or before the next
monthly meeting.

**155.08 Failure to Maintain Sufficient Progress.** The Contractor shall
furnish sufficient forces, offices, facilities, and equipment, and work
such hours, including multiple shift and overtime operations, as is
necessary to ensure progress consistent with the requirements of the
contract and the current CPM-PS of Record.

The currently approved CPM-PS of Record will be used to evaluate
progress as required by FAR Clause 52.232-5, Payments Under Fixed‑Price
Construction Contracts. If the Contractor\'s actual progress is less
than that required by the currently approved CPM-PS of Record for
completion by the Contract Completion Date, 10 percent of the amount of
all progress payments will be withheld until completion, or until
progress is improved for completion by the Contract Completion Date.

If the Contractor fails to improve progress for completion by the
Contract Completion Date, the Government may exercise its rights and
options pursuant to FAR Clause 52.249-10, Default (Fixed-Price
Construction), including the issuance of a Termination for Default.

# **Measurement**

**155.09** Measure the Section 155 items listed in the bid schedule
according to Subsection 109.02.

# **Payment**

**155.10** The accepted quantities will be paid at the contract price
per unit of measurement for the Section 155 pay item listed in the bid
schedule. Payment will be full compensation for the work prescribed in
this Section. See Subsection 109.05.

Progress payments for construction schedule will be paid as follows:

**(a)** 25 percent of the unit bid price will be paid upon approval of
the Initial CPM-PS, not to exceed 0.25 percent of the original contract
bid amount.

**(b)** The remaining portion will be paid in increments equal to the
progress of the work, not to exceed 0.5 percent of the original contract
bid amount.

**(c)** Any portion of the lump sum in excess of 0.5 percent of the
original contract amount will be paid after final acceptance.

*[INCLUDE THE FOLLOWING]{.mark}*

\$\$155.00B

Add the following at the end of the Subsection:

[TABLE 155-1]{.underline}

Project Number\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Location of NOAA Data Collection
Station\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Data Years (10-year history): 19\_\_\_ through 20\_\_\_

[REASONABLY PREDICTABLE WEATHER]{.underline}

  ------------- --------------------- ----------------- -----------------
  MONTH         AVERAGE WORKDAYS LOST STANDARD          TOTAL LOST DAYS
                                      DEVIATION         

  JANUARY                                               

  FEBRUARY                                              

  MARCH                                                 

  APRIL                                                 

  MAY                                                   

  JUNE                                                  

  JULY                                                  

  AUGUST                                                

  SEPTEMBER                                             

  OCTOBER                                               

  NOVEMBER                                              

  DECEMBER                                              
  ------------- --------------------- ----------------- -----------------