MBTA News: Shared with ACEC/MA TALC on May 3, 2021:
MBTA Construction Contract Extended Overhead
This recently published policy is focused on claims from construction contractors, but many of our firms are involved in the evaluation of such claims so it is important that to understand the MBTA Policy: Capital Programs Construction Contract Extended Overhead Policy
Upcoming SOPs To Document Policies and Procedures:
The MBTA is developing SOPs to document policies and procedures related to their business practices. They plan to roll out the first two on May 15 related to EWOL and Task Orders. MBTA will share them with ACEC/MA to distribute. These SOPs will have very strict rules about providing services without proper written authorization. While such rules previously existed, they were not strictly enforced.
Once the SOPs are in effect, firms should expect that the MBTA will strictly enforce the rules in the SOP, which state that if a firm is working without proper authorization, the firm will not be paid for their services. If a firm is currently working without proper authorization including no EWOL or an expired EWOL or no Task Order or Contract in effect, the firm needs to immediately work with their PM to get paperwork in place so that the firm is not working at risk and unable to be compensated.
Firms will need to closely manage their contracts so that if they need a new Task Order or an amendment, they are asking months in advance and developing the documentation in a timely manner so that it is in place when it is needed.