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 8.26.3 Coordination with Construction Contract Clauses (Appendix V):
Construction contracts are also administered in accordance with FAR Clauses.
A-Es should become familiar with the clauses to assure that design and
specification requirements conform to their intent. Special attention is
required by the following clauses:
FAR 52.223-2
Clean Air and Water (Apr 84)
FAR 52.223-3
Hazardous Material Identification and Material
Safety Data (Jan 97)
FAR 52.225-5
Buy American Act--Construction Materials (Jun 97)
FAR 52.236-2
Differing Site Conditions (Apr 84)
FAR 52.236-3
Site Investigation and Conditions Affecting the
Work (Apr 84)
FAR
52.236-5
Material and Workmanship (Apr 84)
FAR
52.236-6
Superintendence by the Contractor (Apr 84)
FAR
52.236-7
Permits and Responsibilities (Nov 91)
FAR
52.236-8
Other Contracts (Apr 84)
FAR
52.236-9
Protection of Existing Vegetation, Structures,
Equipment, Utilities, and Improvements (Apr 84)
FAR 52-236-10
Operations and Storage Areas (Apr 84)
FAR 52.236-14
Availability and Use of Utility Services (Apr 84)
FAR 52.236-21
Specifications and Drawings for Construction
(Feb 97); Alt I and II (Apr 84)
FAR 52.246-12
Inspection of Construction (Aug 96)
FAR 52.246-21
Warranty of Construction (Mar 94)
a. Clause 52.225-5. This clause requires the use of "domestic
construction materials", i.e., American made, and must be considered during
the preparation of specifications for materials and equipment not included in
any guide specification.
b. Clauses 52.236-2 and 52.236-3. These clauses describe the
construction Contractor's responsibility concerning site conditions and his
investigation of the site. Combined with the requirements included in the
"INSTRUCTION TO BIDDERS", Paragraphs titled "PRE-BID SITE VISITATION" and
"CONDITIONS AFFECTING THE WORK", sufficient data is provided to the
Contractors such that no other specifications for these items should be
required. In situations requiring additional specifications, they shall not
indemnify the project designers.
c. Clause 52.236-5. This clause requires that materials/equipment
incorporated in the work be new unless specified or shown otherwise. State
that references in specifications to equipment and materials by trade names,
make, or catalog numbers are for establishing standards of quality and not to
limit competition. The A-E is still required to obtain PACNAVFACENGCOM
approval prior to including trade names in the drawings or specifications.
d. Clause 52.236-21. State "In case of difference between drawings and
specifications, the specifications shall govern." The clause also gives the
meanings of certain words/phrases such as, directed, required, direction,
approved by, acceptable to, as indicated, as detailed, as shown, and
provided. Ensure these words/phrases are used properly in the drawings and
specifications.
e. Clause 52.246-12 This clause states that "the Contractor shall
maintain an adequate inspection system and perform such inspections as will
ensure that the work performed under the contract conforms to contract
requirements. The Contractor shall maintain complete inspection records and
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