Constructability/Sole Source/Long-Lead Time Memorandum Clause Samples
The Constructability/Sole Source/Long-Lead Time Memorandum clause is designed to address and document issues related to the feasibility of construction, the use of unique or proprietary materials or equipment, and items that require extended procurement periods. In practice, this clause requires the contractor or project team to identify and communicate any elements of the project that may present constructability challenges, necessitate sole-source suppliers, or involve materials and equipment with unusually long lead times. By formally recognizing these factors early in the project, the clause helps manage scheduling risks, ensures timely procurement, and facilitates proactive problem-solving to avoid delays and cost overruns.
Constructability/Sole Source/Long-Lead Time Memorandum. Concurrently with the Construction Management Plan, the Contractor shall prepare a memorandum identifying key construction concerns related to the Project. Such memorandum shall: (i) assess the constructability issues related to the Project, including site logistics; (ii) identify any items where the design is predicated on a single manufacturer and, if so, identify at least two (2) comparable products; and (iii) identify any long-lead delivery items that could adversely affect the Baseline Schedule. To the extent any such long-lead items are identified, the memorandum shall make recommendations for addressing such items
Constructability/Sole Source/Long-Lead Time Memorandum. Concurrently with the Construction Management Plan, the Construction Manager shall prepare a memorandum identifying key construction concerns related to the Project. Such memorandum shall: (i) assess the constructability issues related to the Project, including site logistics; (ii) identify any items where the design is predicated on a single manufacturer and, if so, identify at least two (2) comparable products; and (iii) identify any long-lead delivery items that could adversely affect the Baseline Schedule. To the extent any such long-lead items are identified, the memorandum shall make recommendations for addressing such items Early Release Packages. The Department may release funding for hazardous materials abatement and selective demolition, and funding for long-lead items in advance of the Construction Phase. If the Construction Manager believes an earlier release is required for long-lead materials in order to meet the Project Schedule, it shall advise the Department and make a recommendation as to the requested release date. Similarly, if the Construction Manager believes that additional work must be released in advance of the establishment of a GMP for the Project, it shall advise the Department and make a recommendation as to the scope of work to be released as well as to the requested release date. Further, any decision to authorize an early release shall be made by the Department in its sole and absolute discretion.