Common use of Limitation on Self-Performed Work Clause in Contracts

Limitation on Self-Performed Work. Neither Construction Manager nor any Affiliate shall bid on or propose any Subcontract bid package except to the extent Owner approves the same in writing, in advance. If Owner so approves, Construction Manager or its Affiliate, as the case may be, shall be subject to this Section 6.6. To qualify to Self-Perform Work, Construction Manager and its Affiliates: (i) must be performing at least fifty percent (50%) of the labor of such Work through its own respective employees; (ii) shall maintain strict separation of personnel involved with bidding and proposing the Self-Performed Work from all of Construction Manager’s other personnel involved in the Project, including prohibiting communication prior to award, except for ordinary communication permitted of all bidders and proposers; (iii) shall not allocate any of the Self-Performed Work so that it is paid out of the General Conditions Work Cost Limit; and (iv) shall not use any of the Construction Contingency to pay for the Self-Performed Work. Notwithstanding anything to the contrary in the Agreement, if a portion of Work that is proposed as Self-Performed Work receives fewer than two bids or proposals from responsible bidders or responsible proposers other than Construction Manager or its Affiliate, Owner may disqualify that portion of Work from Self-Performed Work eligibility and Owner may cause such Work to be solicited again. Any rejection of a bid or proposal or required re-solicitation under this Section 6.6.1 shall not be the basis for an increase to the GMP in any GMP Amendment or adjustment to the Project Schedule or Construction Schedule.

Limitation on Self-Performed Work. Neither Construction Manager nor any Affiliate shall bid on or propose any Subcontract bid package except to the extent Owner approves the same in writing, in advance. If Owner so approves, Construction Manager or its Affiliate, as the case may be, shall be subject to this Section 6.6. To qualify to Self-Perform Work, Construction Manager and its Affiliates: (i) must be performing at least fifty percent (50%) of the labor of such Work through its own respective employees; (ii) shall maintain strict separation of personnel involved with bidding and proposing the Self-Performed Work from all of Construction Manager’s other personnel involved in the Project, including prohibiting communication prior to award, except for ordinary communication permitted of all bidders and proposers; (iii) shall not allocate any of the Self-Performed Work so that it is paid out of the General Conditions Work Cost Limit; and (iv) shall not use any of the Construction Contingency to pay for the Self-Performed Work. Notwithstanding anything to the contrary in the Agreement, if a portion of Work that is proposed as Self-Self- Performed Work receives fewer than two bids or proposals from responsible bidders or responsible proposers other than Construction Manager or its Affiliate, Owner may disqualify that portion of Work from Self-Performed Work eligibility and Owner may cause such Work to be solicited again. Any rejection of a bid or proposal or required re-solicitation under this Section 6.6.1 shall not be the basis for an increase to the GMP in any GMP Amendment or adjustment to the Project Schedule or Construction Schedule.. SAMPLE

Limitation on Self-Performed Work. Neither Construction Manager nor any Affiliate shall bid on or propose any Subcontract bid package except to the extent Owner approves the same in writing, in advance. If Owner so approves, Construction Manager or its Affiliate, as the case may be, shall be subject to this Section 6.6. To qualify to Self-Perform Work, Construction Manager and its Affiliates: (i) must be performing at least fifty percent (50%) of the labor of such Work through its own respective employees; (ii) shall maintain strict separation of personnel involved with bidding and proposing the Self-Performed Work from all of Construction Manager’s other personnel involved in the Project, including prohibiting communication prior to award, except for ordinary communication permitted of all bidders and proposers; (iii) shall not allocate any of the Self-Performed Work so that it is paid out of the General Conditions Work Cost Limit; and (iv) shall not use any of the Construction Contingency to pay for the Self-Performed Work. Notwithstanding anything to the contrary in the Agreement, if a portion of Work that is proposed as Self-Self- Performed Work receives fewer than two bids or proposals from responsible bidders or responsible proposers other than Construction Manager or its Affiliate, Owner may disqualify that portion of Work from Self-Performed Work eligibility and Owner may cause such Work to be solicited again. Any rejection of a bid or proposal or required re-solicitation under this Section 6.6.1 shall not be the basis for an increase to the GMP in any GMP Amendment or adjustment to the Project Schedule or Construction Schedule.