SECTION 2. CONTRACTOR REQUIREMENTS
2.1 QUALITY OF WORK
The A&E shall be responsible for the professionalism and technical accuracy and
coordination of all services such as designs, drawings, s pecifications, cost estimates, and
other work or materials furnished by the contractor under this contract.
The project submitted by the A&E shall represent the best engineering solution
possible for the scope of work in the A&E contract. All work must be per current
criteria, guides, and specifications established by the Naval Facilities Engineering
Command, and shall be per the best engineering practices. Workmanship shall be neat
satisfactory reproduction. Any computer disks submitted must be scanned for viruses
using a commercial virus scanning program. All elements of submittals shall be checked
by the A&E and such check shall be made by persons other than those preparing the
materials and by professional personnel trained in that specific discipline. The various
departments in OIC NAVFAC Contracts, MCAS, Cherry Point, NC responsible for
compliance with Government requirements and standard criteria will review i t. The
A&E shall correct errors and deficiencies at no additional cost to the Government.
2.2 A&E LIABILITY
Neither Cherry Point's review, approval, or acceptance of, nor payment for any of the
services required shall be construed to operate as a waive r of any rights or of any cause of
action arising out of the performance of the contract. The A&E shall be, and remain,
liable to the Government for all costs of any kind, which are incurred by the Government
as a result of negligent performance of any of the services furnished.
Reimbursement of costs incurred by the Government as a result of A&E's error and/or
negligent performance are actively pursued by OIC NAVFAC Contracts, MCAS, Cherry
Point, NC. Upon determination that there may be A&E financial r esponsibility involved,
the A&E shall be contacted by the ROICC. The A&E shall be advised of the design
deficiency and requested to provide a technical solution to the problem, including cost
estimate. The A&E shall be further informed that it is the ROI CC's opinion that the A&E
may be held financially responsible, but that the final decision rests with the Contracting
Officer. A&E financial responsibility can include contractor extended overhead costs.
Therefore, upon notification of potential liabilit y, the A&E should coordinate with the
directing official to determine required technical support and timing to minimize delay
costs. Pending final decision by the Contracting Officer, the A&E will be invited to
attend all price negotiations for corrective work. The A&E shall participate as a non -
voting technical advisor to the Government negotiating board. Inability to obtain
agreement from the A&E as to financial responsibility or A&E unwillingness to
participate in negotiations shall not be cause for delay or remedial construction contract
action by the ROICC.