47PD0224R0048 Partnering_FAQs_Final_06112020.docx
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- 47PD0224R0048
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This document is a set of Frequently Asked Questions (FAQs) regarding the partnering process that the U.S. General Services Administration (GSA) requires for construction projects over $10 million. The FAQs explain that partnering is a cooperative, team-based approach to project development and problem resolution. Partnering is required on all GSA construction projects over $10 million, as it has proven to be beneficial in improving project quality, cost, and timeliness. The FAQs cover topics such as who is included in partnering, the difference between team building and partnering, and what types of team building activities and food/refreshments are permissible. The FAQs clarify that partnering is not an opportunity to change the contract, but rather to establish shared objectives to achieve what is in the contract.
The related federal contract opportunity is for Construction Manager as Constructor (CMc) Services for the Phases 2-5 Repairs and Alterations Prospectus for the U.S. Courthouse in Clarksburg, West Virginia. The project scope includes major renovations to the interior finishes, mechanical, electrical, and plumbing systems, stairs, elevators, and structural upgrades. The government intends to deliver this requirement through the CMc project delivery method, utilizing a Guaranteed Maximum Price (GMP) contract with Construction Contingency Allowance (CCA) and shared savings. The solicitation is subject to a mandatory Project Labor Agreement. Offerors will be evaluated on factors such as experience, past performance, management approach, and small business utilization, with technical factors more important than price. The estimated total construction cost for the project is between $40-50 million.
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Partnering FAQs Q. What is partnering?
A. Partnering is a formal management process in which all parties to a project agree to adopt a cooperative, team-based approach to project development and problem resolution to eliminate – or at least reduce – conflicts, litigation, and claims.
The Public Buildings Service (PBS) of the U.S. General Services Administration (GSA) has adopted partnering as a standard business practice for its nationwide design and construction program. Partnering has been of proven benefit to PBS in improving the quality, cost effectiveness, and timeliness of projects in the program.
Q. Is partnering required on my contract?
A. Partnering is required on all construction projects with an estimated cost of completion exceeding $10M.
Q. Why does this matter?
A. GSA views its contractors as partners and not just abstract service providers. We want our contractors to succeed because partners' success drives GSA's successful project completion. Within the bounds of acquisition policy, GSA intends to work to find solutions that will be beneficial to both the Government and its partners.
Q. Can the agreements made in a partnering session change the contract?
A. Partnering is not an opportunity to change what is in the contract. It is a way to establish shared objectives to achieve what is in the contract.
Q. Is partnering one size fits all or does is change with the procurement approach (DBB, DB, Bridging)?
A. Partnering should be applied through all phases of a project regardless of procurement approach. The key is to identify the appropriate stakeholders that should participate throughout the project life cycle.
Q. How does the GSA Design Excellence Peer Review and Construction Excellence Peer Review work within partnering? Are these in lieu of partnering?
A. The GSA Design Excellence and Construction Excellence Peer Reviews are established processes with specific purposes throughout a project’s lifecycle. While these are not a substitute for formal partnering, they should be used as an opportunity to insure project progress and alignment.
Q. Who is included in partnering?
A. The 'partners' include all stakeholders -- that is, anyone who can impact the project. The first step is formation of a 'partnering team' whose members represent all the groups involved in the phase of the project at hand. Team membership evolves with the project, with some members dropping out and new ones coming on board.
Q. What’s the difference between team building and partnering?
A. Team building is part of partnering, but partnering itself is focused on creating shared objectives for the whole job. Team building is focused on building the relationships among team members that will allow open and honest communication over the life of the project.
Q. What are allowable team building activities?
A. Team building activities are voluntary, and pay-your-own-way. They can include such activities as pot luck meals, or project milestone and team recognition celebrations. Off work hour activities, also voluntary and pay-your-own-way, can also be considered; in these cases, consult your regional ethics counsellor for guidance on appropriate activities.
Q. Can the contractor pay for GSA employees to attend a sports event, show, concert, or similar event?
A. No. As a matter of policy, PBS has decided that these sorts of activities are not permitted as part of any partnering or team building activities.
Q. Can the contractor purchase a meal (e.g., breakfast, lunch, or dinner) during partnering sessions?
A. Maybe. Under general ethics rules, an employee may accept non-cash gifts from a prohibited source, if the gifts from a particular source have a value of no more than $20 per occasion and $50 per calendar year. If food is provided, the PBS team must confirm that the value of the food will not exceed $20 per occasion. In addition, each PBS team member must separately confirm whether they will exceed the $50 rule. If there are questions or concerns regarding this issue for a planned partnering session, please consult your regional ethics staff.
Q. Can the contractor provide “modest” food items during the partnering sessions?
A. Yes. The definition of gift excludes "modest" refreshments (such as soft drinks, coffee and donuts, as long as they are not part of a meal).
Q. What can the government accept?
A. GSA Insite has extensive guidance on ethics matters. Please refer to the GSA Ethics Regulations and Policies page, and consult your regional ethics counselor if you have any questions or concerns.
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