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 Paragraph (a) of OICC FE contract clause "37. FAR 52.236-22, DESIGN WITHIN FUNDING
LIMITATIONS (APR 1984) is as follows.
(a) The Contractor shall accomplish the design services required under this contract so
as to permit the award of a contract, using standard Federal Acquisition Regulation
procedures for the construction of the facilities designed at a price that does not exceed
the estimated construction contract price as set forth in paragraph (c) below. When bids
or proposals for the construction contract are received that exceed the estimated price,
the contractor shall perform such redesign and other services as are necessary to permit
contract award within the funding limitation. These additional services shall be
performed at no increase in the price of this contract. However, the Contractor shall not
be required to perform such additional services at no cost to the Government if the
unfavorable bids or proposals are the result of conditions beyond its reasonable control.
2.1.2 Accuracy and Coordination of Work. Drawings and specifications must be explicit,
clear and accurate so that all potential bidders of the construction contract will have the (same)
equitabIe basis for formulating their bids.
2.1.3 Correction of Deficiencies in Design. Refer to FAR 52.236-23 "RESPONSIBILITY OF
THE ARCHITECT-ENGINEER CONTRACTOR (APR 1984)" and ADDITIONAL CLAUSES:
"TECHNICAL ADEQUACY." The A-E shall correct all deficiencies in the design, without
additional compensation. Correction may include preparation of additional drawings and
specifications, revised drawings and specifications, a revised cost estimate, preparation of a
construction contract solicitation amendment (prior to construction contract award), preparation
of a construction contract modification document (sometimes referred to as Change Order
Request, C.O.R., following contract award, during construction), on-site consultation and other
services as required to remedy the deficiency(&).
In preparing the solicitation amendment or contract modification, the A-E shall also provide
written substantiation for the change and the impact of the change on the overall quality of the
project, the completion time of the construction and other information as relevant to the project.
2.1.4 Cross Discipline Work. Architects and engineers can only supervise and review work
and sign the drawings in the discipline for which they are registered. No cross discipline work
will be allowed.
2.2 STATEMENT OF ARCHITECT-ENGINEERING SERVICES
A description of the work to be performed, the required submittals and the submittal schedule
are indicated in the Statement of Architect-Engineering Services which is sometimes referred to
as the "Scope of Work" or the "Scope." A preliminary "Scope" is provided to the A-E together
with the Request for Fee Proposal.
Following successful negotiation of the A-E fee, the final "Scope" is provided to the A-E as part
of the signed and executed contract document. This final "Scope" defines the extent of the
services to be provided by the A-E and the extent of the project (e.g., facility to be repaired or
conditions to be studied).
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