Quantcast E-Liability

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g. Cooperation. The A-E provided timely and high quality responses to
Government requests for assistance during the design and construction
phases of the project.
An interim A-E performance evaluation is prepared for each A-E contract upon completion of
the design and a final A-E performance evaluation is prepared upon contract completion (i.e.,
Final Invoice processed and A-E Statement of Release has been received by the Government).
Performance evaluations are recorded on SF Form 1421. For Indefinite Quantity A-E contracts,
an interim and a final evaluation are prepared for each delivery order.
Refer to Appendix C for a sample SF Form 1421.
Outstanding or unsatisfactory evaluations are forwarded to the A-E. For unsatisfactory
evaluations, the A-E is given an opportunity to formally respond to any item of unsatisfactory
performance. Satisfactory evaluations are not normally forwarded to the A-E. Upon receipt of
a written request to that effect, the Contracting Officer will send a copy of a satisfactory
performance evaluation to the A-E.
The completed evaluations are permanently retained by OICC FE. All evaluations are thereby
available for review and consideration by future A-E Slate and Selection Boards.
Construction contract modifications resulting from design errors or omissions are reviewed to
determine whether the A-E will be held responsible for compensating the Government for
damages incurred. Cases involving A-E liability are actively pursued by the Government.
In several instances, A-E liability have resulted from the A-E's failure to provide timely
response to Government requested assistance to resolve a construction problem.
For more information relating to A-E liability, refer to Appendix D.
FAR 36.209 clearly states that, "No contract for the construction of a project shall be awarded
to the firm that designed the project or its subsidiaries or affiliates, except with the approval of
For OICC FE contracts,
the head of the agency or authorized representative."
COMPACNAVFACENGCOM is the head of the agency.


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