Public Works & Federal Contracting

DIR Registration (California): Every contractor and subcontractor on a California public works project must register with the Department of Industrial Relations. Registration costs $400/year. B A Construction is actively registered. Without it, you cannot legally work on any CA public works job.

SAM.gov Registration: System for Award Management — required for all federal contractors. Free to register at sam.gov. Must renew annually. B A Construction is registered. This is your federal business identity.

ELBE/DBE/SBE: Emerging Local Business Enterprise (City of San Diego), Disadvantaged Business Enterprise, Small Business Enterprise. B A Construction holds City of San Diego ELBE Cert #17BA1981. These certifications give access to set-aside contracts and subcontracting goals.

DVBE: Disabled Veteran Business Enterprise — California certification for veteran-owned businesses. Provides preference points on state bids and fulfills prime contractor subcontracting goals.

OSHA 30: 30-hour OSHA training — supervisors and foremen on federal and most public works projects are required to hold this. B A Construction requires OSHA 30 for all field leadership.

EM 385-1-1: U.S. Army Corps of Engineers Safety Manual. On Corps projects, the safety officer must be EM 385 certified. This goes beyond OSHA — it covers AHA plans, accident reporting, and site-specific safety requirements.

Procore Certification: B A Construction uses Procore for project management. Superintendent certification covers submittals, RFIs, daily logs, and drawing management. Required for field supervisors.

Bonding & Insurance: Federal jobs require performance and payment bonds (typically 100% of contract value). General liability minimum $1M per occurrence / $2M aggregate. Workers comp required. Some NAVFAC jobs require additional pollution liability.

Understanding which type of project you are on determines which rules apply. The three tiers are significantly different in compliance, documentation, and oversight.

B A Construction has direct subcontractor experience on NAVFAC projects at MCRD San Diego. Understanding the contracting structure helps field crews know who gives the orders and what paperwork flows where.

• NAVFAC (Naval Facilities Engineering Systems Command): The Navy construction contracting authority. Issues contracts for Navy, Marine Corps, and other DoD facilities. Awards primarily through SEAPORT-NxG and IDIQ contract vehicles for larger work.
• Army Corps of Engineers (USACE): Handles Army and Air Force construction, plus civil works (flood control, waterways). Uses Resident Engineer offices on-site for oversight.
• Key Roles on a Federal Job Site: Contracting Officer (KO) — the ONLY person who can legally change the contract. COR (Contracting Officer Representative) — day-to-day oversight. QAR (Quality Assurance Representative) — inspects work. Never take direction from anyone other than the KO for scope changes.
• How NAVFAC Awards Work: Solicitation posted on beta.SAM.gov → Contractors submit bid/proposal → Award to responsible, responsive low bidder (IFB) or best value (RFP) → Contract execution → NTP issued → Work commences.
• Access Control on Military Bases: All workers must be badged. Bring government-issued ID, vehicle registration, and proof of insurance every time. Unescorted access requires background check. Plan for 20–45 minutes at the gate for new workers.

Prevailing wage is the most critical compliance area on public works projects. Violations result in contract termination, debarment, and back pay liability. Every field supervisor must understand it.

• Davis-Bacon Act (Federal): Applies to federally funded construction over $2,000. Sets minimum wage rates by trade classification and county. Rates are published in wage determinations attached to every federal contract.
• California DIR Prevailing Wage: Applies to all California public works contracts over $25,000 (buildings) or $15,000 (other types). Rates are often higher than Davis-Bacon. When both apply, you pay the higher of the two.
• Wage Determinations: Listed in the contract. Show base hourly rate plus fringe benefits per trade. Fringes can be paid as cash, benefits, or combination.
• Certified Payroll Reports (CPR): Weekly requirement on all Davis-Bacon and CA prevailing wage jobs. Must be submitted to the agency every week. Use DOL Form WH-347 for federal jobs, DIR A-1-131 for California state/local jobs. Submit via DIR eCPR online system for CA jobs.
• Trade Classifications: Every worker must be classified correctly by their actual work scope, not their hire title. Misclassification (paying laborer rate for carpenter work) is a violation. When in doubt, use the higher classification.

Submittals are documents, samples, and data submitted by the contractor to the engineer or owner for approval before materials are installed or work proceeds.

• Types of Submittals: Shop drawings (fabricated items), product data (manufacturer spec sheets), samples (actual materials), test reports, certifications, operation and maintenance manuals.
• How to Prepare: Use the Submittal Transmittal form. Include: project name, contract number, spec section, submittal number, description, and any deviation from contract requirements. Attach manufacturer data or shop drawings. Sign and date.
• Submittal Log: Track every submittal — date sent, date received, status, resubmittal date if required. In Procore, this is automated. On non-Procore jobs, maintain a spreadsheet log updated weekly.
• Review Stamps: Approved (proceed), Approved as Noted (minor corrections — proceed), Revise and Resubmit (fix it and send back), Rejected (not acceptable). Never install materials marked Revise and Resubmit or Rejected.
• Lead Time Planning: Submit early enough to allow review time (typically 14–21 days on federal jobs) plus lead time for ordering or fabrication. Missing a submittal deadline can delay your schedule — and it is your liability, not the owner s.

An RFI is a formal written request to the engineer, architect, or owner seeking clarification on the contract drawings, specifications, or other contract documents.

• When to Write an RFI: Conflicting information between drawings and specs, unclear scope, missing dimensions or details, field conditions that do not match the drawings.
• How to Write One: RFI Number (sequential), Date, Project Name and Contract Number, Subject (concise), Question (clear, specific, one issue per RFI), Attachments (sketches, photos, spec pages), Requested Response Date. Keep it factual, not adversarial.
• Response Timelines: Federal contracts typically specify 7–14 days for RFI response. CA state and local: usually 10–15 days. If no response by requested date, send a follow-up and document it. Late responses that cause delays may entitle you to a time extension.
• RFI Log: Track all RFIs — number, date sent, description, status, date answered, impact (cost or schedule). Procore manages this automatically. An unanswered RFI log is critical evidence for delay claims.
• Important: Never proceed with work when there is genuine ambiguity — write the RFI first. Proceeding without clarification means you accept the risk of rework at your expense.

• IFB — Invitation for Bid: Used for sealed competitive bidding where price is the main factor. Contractor must be responsive (meets all requirements) and responsible (financially capable). Award goes to the lowest responsible, responsive bidder. No negotiation. Common for hard-bid public works.
• RFP — Request for Proposal: Used when best value matters — includes technical approach, past performance, key personnel, and price. Government can negotiate. Common for design-build, complex scopes, or performance-based contracts.
• RFQ — Request for Qualifications: Used to pre-qualify contractors before a competition. Contractors submit past performance, bonding capacity, key staff, and safety record. Not a price competition — results in a shortlist. Common for IDIQ and MATOC vehicles.
• How to Read a Solicitation: Section C = Statement of Work (scope). Section H = Special contract requirements. Section I = FAR contract clauses. Section J = Attachments (wage determinations, drawings). Section L = Instructions to offerors. Section M = Evaluation criteria.

• Notice to Proceed (NTP): Official written authorization from the Contracting Officer to begin work. Your contract period of performance starts on the NTP date. Never start work before receiving the NTP.
• Contract Modifications (Mods): Written changes to the contract issued by the Contracting Officer. Bilateral (both parties sign — most common) or Unilateral (government-issued only for administrative changes). All mods are numbered sequentially.
• Change Orders at Subcontract Level: When B A Construction is a subcontractor, change orders come from the prime contractor. Always verify that scope and price match what was agreed.
• REA — Request for Equitable Adjustment: Formal claim for additional compensation due to government-caused changes. Must be submitted within contractual timeframes. Document everything — daily reports, photos, man-hours.
• Cardinal Rule: Never perform out-of-scope work without written authorization. Verbal direction from the COR or QAR does not obligate the government to pay. Always get it in writing.

• QC Plan: Required on all federal construction contracts. A written plan describing how you will ensure work meets contract specifications. Includes: QC organization, submittals schedule, inspection and testing plan, non-conformance procedure, and documentation requirements.
• Three-Phase QC Process (Corps of Engineers): Preparatory Phase (before work starts — review specs, check equipment, conduct meeting), Initial Phase (first work of each type — ensure standards are established), Follow-up Phase (daily checks to ensure continuing compliance).
• AHA — Activity Hazard Analysis: Site-specific safety plan for each work phase. Required by EM 385-1-1. Must be submitted and approved before work begins. Covers: work description, potential hazards, engineering controls, PPE required, emergency procedures, and trained workers.
• OSHA Compliance on Federal Sites: Cal/OSHA jurisdiction applies on military bases in California (concurrent federal/state jurisdiction). OSHA 30 required for supervisors. Injury accidents require 24-hour written notification to the KO. Fatalities: immediate phone notification plus written report.

EM 385-1-1 is the U.S. Army Corps of Engineers Safety and Health Requirements Manual. It is the safety standard on Corps of Engineers projects and is referenced by many NAVFAC contracts as well.

• Key requirements: Accident Prevention Plan (APP) submitted before work starts, Competent Person designation for each hazardous task (excavation, scaffolding, fall protection, electrical), AHA for each work phase, daily safety meetings (5–10 minutes), monthly safety inspections, and a Site Safety and Health Officer (SSHO).
• Fall Protection: Required at 6 feet on Army Corps and NAVFAC jobs — not 10 feet like general industry. Hard hats, safety glasses, and high-vis vests are required in all work areas.
• Accident Reporting: Near-misses must be reported to the SSHO immediately. Accidents with injury: 24-hour written report to the KO. Any fatality: immediate phone notification plus 24-hour written report.

Wage determinations (WDs) are attached to every Davis-Bacon covered federal contract. They list the minimum wages you must pay workers by trade classification.

• WD Components: General Decision Number (e.g., CA20240001), County, Construction Type (building, heavy, highway, residential), Trade Classification (e.g., CARP — Carpenter), Basic Rate, Fringe Benefits breakdown.
• How to Find Your WD: Go to beta.SAM.gov, select Wage Determinations, search by State, County, and Construction Type. For active contracts, the WD is in Section J of the solicitation.
• Fringe Benefits: The WD shows a total fringe rate. This can be paid as actual bona fide benefits (health insurance, pension, vacation), cash in lieu of benefits added to the hourly check, or a combination. Track fringe payments separately on your payroll records.
• Multiple Classifications: A worker who performs duties in multiple trade classifications in a single day must be paid the applicable rate for each classification for the time spent. Document split-time days carefully on the WH-347.

• Flow-Down Clauses: Federal contract requirements flow down to every tier of subcontractor. As a sub, B A Construction is bound by the same FAR clauses as the prime — Davis-Bacon, equal opportunity, buy American, anti-kickback, and all safety requirements.
• Small Business Subcontracting Plans: Primes on federal contracts over $750K (construction) must have an approved subcontracting plan with goals for small business, SDB, WOSB, HUBZone, VOSB, and SDVOSB usage. B A Construction certifications (ELBE, small business) help primes meet these goals — use this as a selling point.
• Performance of Work Clause: Federal construction contracts require that the prime contractor self-perform at least 15% of the work. Understand this when pricing sub-only work.
• Subcontract Requirements: Every sub must be SAM.gov and DIR registered. No sub can be on the federal excluded parties list (check sam.gov). Include all flow-down FAR clauses in your subcontract agreements.

• Miller Act: Federal law requiring performance and payment bonds on federal construction contracts over $150,000. Performance bond protects the government if contractor defaults. Payment bond protects subcontractors and suppliers.
• Little Miller Act (CA): Same concept for California public works over $25,000. As a sub, your payment bond rights expire 90 days after you last furnished labor or materials — send written notice to the surety within that window if unpaid.
• Insurance Requirements: Minimum for federal jobs: General Liability $1M per occurrence / $2M aggregate, Auto Liability $1M, Workers Comp per state law, Umbrella/Excess $5M+. Named additional insured endorsement required. Always confirm with the prime contractor requirements — they may be higher.

• Substantial Completion: When the work is complete enough for the government to use it for its intended purpose. Triggers the start of the punchlist period and the warranty period.
• Punchlist: List of incomplete or deficient items to be corrected. Sign off on each item only when it is genuinely complete. Keep a copy of all punchlist completions.
• Closeout Documents: As-built drawings, O&M manuals, test reports, warranties, release of claims, consent of surety, final certified payroll, evidence of final payment to all subs.
• Retainage: Federal contracts typically hold 10% retainage until substantial completion. Negotiate for retainage reduction after 50% completion on large jobs.