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 SECTION 2. GENERAL PERFORMANCE REQUIREMENTS
2.1 RESPONSIBILITY
The basic A-E responsibilities are contained in NAVFAC Contracting Manual P-68 and in the
awarded contract clauses entitled "RESPONSIBILITY OF THE ARCHITECT-ENGINEER" and
"TECHNICAL ADEQUACY" of OICC FE 4330/11, GENERAL PROVISIONS.
OICC FE contract clause "38. FAR 52.23623, RESPONSIBILITY OF THE ARCHITECT-
ENGINEER CONTRACTOR (APR 1984)" is as follows.
(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.
OICC FE contract clause "57. 52.257-10000, A/E CONTRACTS FOR CONSULTATION
AND ADVICE (NAVFAC SEP 88)" is as follows.
In addition to the services required by any other contract provisions, the contractor shall
provide work-days of general engineering services and consultation at the construction
site or at such other locations as the Government may desire, when and as required by
the Contracting Officer during the course of construction.
2.1.1 Project Cost Limitations. Refer to FAR 52.236-22 DESIGN WITHIN FUNDING
LIMITATIONS (APR 1984). At the time of Final Design Submittal, the A-E cost estimate for
the designed project shall not exceed the Estimated Construction Cost (ECC) indicated in the
A-E "Scope of Work." The A-E shall notify the PDE as soon as it becomes evident that the
project described by the Project Engineering Documents (Step II or DD Form 1391) cannot be
designed within the indicated ECC. Timely notification by the A-E cannot be overemphasized,
since appropriate corrective measures to ensure continuation of the project require higher level
approval and the associated lead time.
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