(b) The Contractor will promptly advise the Contracting Officer if it
finds that the project being designed will exceed or is likely to exceed
the funding limitations and it is unable to design a usable facility within
these limitations. Upon receipt of such information, the Contracting
Officer will review the Contractor's revised estimate of construction cost.
The Government may, if it determines that the estimated construction
contract price set forth in this contract is so low that award of a
construction contract not in excess of such estimate is improbable,
authorize a change in scope or materials as required to reduce the
estimated construction cost to an amount within the estimated construction
contract price set forth in paragraph (c) below, or the Government may
adjust such estimated construction contract price. When bids or proposals
are not solicited or are unreasonably delayed, the Government shall prepare
an estimate of constructing the design submitted and such estimate shall be
used in lieu of bids or proposals to determine compliance with the funding
(c) The estimated construction contract price for the project
described in this contract is $ (See Appendix A)
46. FAR 52.236-23, RESPONSIBILITY OF THE ARCHITECT-ENGINEER
CONTRACTOR (APR 1984)
(a) The Contractor shall be responsible for the professional quality,
technical accuracy, and the coordination of all designs, drawings,
specifications, and other services furnished by the Contractor under this
contract. The Contractor shall, without additional compensation, correct
or revise any errors or deficiencies in its designs, drawings,
specifications, and other services.
(b) Neither the Government's review, approval or acceptance of, nor
payment for, the services required under this contract shall be construed
to operate as a waiver of any rights under this contract or of any cause of
action arising out of the performance of this contract, and the Contractor
shall be and remain liable to the Government in accordance with applicable
law for all damages to the Government caused by the Contractor's negligent
performance of any of the services furnished under this contract.
(c) The rights and remedies of the Government provided for under this
contract are in addition to any other rights and remedies provided by law.
(d) If the Contractor is comprised of more than one legal entity, each
such entity shall be jointly and severally liable hereunder.
FAR 52.236-24, WORK OVERSIGHT IN ARCHITECT-ENGINEER CONTRACTS
The extent and character of the work to be done by the Contractor shall
be subject to the general oversight, supervision, direction, control, and
approval of the Contracting Officer.