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 make them available to the Government." This clause provides the basis for
the quality control element of the program. The requirements and provisions
are contained in NAVFAC Publication P-455, Construction Quality Management
Manual. Also see Appendix P for a general overview of the program.
f. Clause 52.246-21. This clause requires the construction Contractor
to warrant the work performed under the contract for one year from the date
of final acceptance by the Government. Therefore, no other warranty
requirements are required in the contract specifications except for specific
items that require warranty periods exceeding one year. Some NAVFAC guide
specifications include extended warranty periods, e.g., NFGS-07511,
"AGGREGATE SURFACED BITUMINOUS BUILT-UP ROOFING" requires a five-year
warranty period. Do not revise these warranty periods without the PDE's
approval.
8.26.4 Contractor Direction: Avoid the term "the Contractor shall" unless
there would be confusion over responsibility being the Contractor's or the
Government's. The Contractor is responsible for performing the work as shown
and specified; therefore, there is no reason to use the phrase. Speak only
to the Contractor, not the supplier or manufacturer. The Contractor cannot
be directed through the manufacturer or supplier or vice versa. Stating "the
manufacturer shall [
]", could be interpreted as simply informing the
Contractor that a party other than the Contractor is responsible, comparable
to "the Government will provide [
]." Likewise, there is usually no
reason to differentiate between actions expected of the "Contractor" and the
Contractor's various suppliers; attempting to do so borders closely on an
assignment of work.
8.27 BID ITEMS: PRIOR TO PREPARATION OF BID ITEMS, CONTACT YOUR PROJECT
DESIGN ENGINEER (PDE) TO COORDINATE WITH THE PROGRAM MANAGER AND ROICC
CONSTRUCTION CONTRACTS (R110). Refer to Sample Bid Schedules for 1) One Lump
Sum Item, 2) Lump Sum Item with Unit Price Line Item, 3) Unit Price with
Option, and 4) Additive Bid Items (attached at the end of this section after
the Project Information Form). When it appears that funds available for the
project may be insufficient for all the desired features, prepare bid items
as:
8.27.1 Bid Item 0001 (Base Bid): The minimum usable facility major portion
of work, which will meet the requirement of the user within funds available.
8.27.2
Bid Items:
(Bid Items 0002, 0003, etc.)
a. Each additional item must be independent so that award may be made
on any combination of items, e.g., Item 0002 cannot be "addition to a porch"
and Item 0003 is "screening for porch" since award could not be made on Item
0001 and Item 0003 alone.
b.
List items in order of priority with the most important first.
c. Do not identify more than three additional items without the PDE
approval. (Contracting Officer approval required for more than three items.)
d. Each item should be within 10% of Bid Item 0001 with the total of
all additional bid items not to exceed 25% of Bid Item 0001.
e. Do not reference bid items in the specifications. Low bidder and
bid items to be awarded are determined in accordance with Paragraph 28,
"Additive or Deductive Bid Items" of "Instructions to Bidders," Appendix V.
8-19
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