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 OCT
90
DEPARTMENT OF THE NAVY
OFFICER IN CHARGE OF CONSTRUCTION
NAVAL FACILITIES ENGINEERING COMMAND CONTRACTS, FAR EAST
BOX 61
FPO SEATTLE 99762-3100
OICCFEINST 4330.11A
09A/DI/0058E
13 SEP 1988
OICC FAR EAST INSTRUCTION 4330.11A
From:
Officer in Charge of Construction, Naval Facilities
Engineering command Contracts, Far East
Sub j:
ARCHITECT-ENGINEER (A-E) DESIGN DEFICIENCIES; PROCEDURES FOR
DETERMINING A-E LIABILITY AND PROCESSING OF ACTION IN
CONNECTION THEREWITH
(a) NAVPAC P-68, Appendix J
Ref:
( b ) PACNAVFACENGCOMINST 4335.1B
(1) Sample OICC Findings
Encl:
( 2 ) Sample Ltr to be Used for First Notification to A-E
( 3 ) Sample Format CCAO Memorandum to File
1 . Purpose. T o issue procedures for handling A/E liability matters
within OICC FE and subordinate OICCs.
OICCFEINST 4330.11 o f 29 Sep 82 and Change 1 o f
2 . Cancellation.
1 Mar 85.
3 . Scope. T h e s e procedures apply to the evaluation of construction
contract change orders coded DSGN (design) and EROM (error) to
determine damages suffered by the U.S. Government due to alleged
d e s i g n deficiencies, i n c l u d i n g those identified after completion of
c o n s t r u c t i o n . T h i s policy applies to all A-E contracts awarded and
administered by OICC Far East and subordinate OICCs.
General
4.
A design deficiency is any error/omission in the design,
p l a n s and/or specifications that will require a change order, or new
contract, to correct.
b . A - E is obligated to provide at least a design to correct the
d e f i c i e n c y at no additional cost to the Government.
c.
Government will determine the extent to which the A-E may be
reasonably responsible for the increased cost (damages) to correct
t h e "design d e f i c i e n c y " .
d . G o v e r n m e n t w i l l pursue A-E liability and collect for actual
" d a m a g e s " suffered.
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