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OICCFEINST 4330.11A
13 SEP 1988
The PDE shall independently review the alleged deficiency
d.
and:
( 1 ) If in agreement with the deficiency and possible
l i a b i l i t y , the PDE shall notify the A-E in writing. Sample letter
i s , at enclosure (2).  Timing of this notification may vary depending
o n the particular circumstances of the case.  A s a general rule,
notify the A-E immediately and offer them an opportunity to review
t h e design deficiency and provide a corrective design. Advise the'
A - E that it may be in their best interest to contact the
construction contractor and resolve the issue without Government
involvement.
(2) If in agreement with the deficiency but not in agreement
w i t h the liability, the PDE shall request from the A-E, in writing,
c o r r e c t i v e design action at no cost, a n d shall bring the liability
matter to the attention of the OICC/ROICC for a decision on
c o n t i n u e d pursuit of the liability action.
( 3 ) If not in agreement with the deficiency, shall resolve
the issue with the AROICC/ROICC.
e .  In those cases where the A-E and the construction contractor
r e s o l v e the problem, the solution is acceptable to the AROICC/ROICC
and the Government incurs no damages, issue a no cost change order
t o record the change.  I n addition, the office administering the
construction contract shall prepare a memorandum in the format of
e n c l o s u r e (3) for both the design and construction contract files.
Send a copy of the memorandum to the Construction Director (05) of
OICC Far East who will maintain an accounting of field level
r e s o l v e d design deficiencies.
f .  If the A-E cannot, o r will not, resolve the alleged
l i a b i l i t y with the contractor, the OICC/ROICC shall negotiate the
r e q u i r e d contract modification with the contractor but shall offer
t h e A-E the opportunity to participate in negotiations on the.
r e s o l u t i o n of the deficiency as a technical advisor to the
Government.  The inability to obtain agreement from the A-E as to
f i n a n c i a l responsibility, or A-E unwillingness to participate in
n e g o t i a t i o n , s h a l l not be a cause for delay of remedial construction
c o n t r a c t action.  I f the A-E is not given early notice, clearly
document the reason.  Make every reasonable effort to minimize the
damages for which the A-E may be liable. In any case, inform the
A - E when we start an investigation of possible liability. Encourage
t h e A-E to participate and provide pertinent data from his
p e r s p e c t i v e during the investigation.  F a i l u r e to invite the A-E
p a r t i c i p a t i o n may preclude establishing A-E liability,  Maintain
copies of all correspondence with the A-E regarding
design
deficiencies in the design contract file. Enter appropriate
c o r r e s p o n d e n c e in the construction contract file as well.
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