9._FAR_52.236-21.pdf

Federal Acquisition Regulation 52.236–21 it as additional information becomes avail-able.

(b) Work performance under this contract shall be under the full-time resident direc-tion of: (1) the Contractor, if the Contractor is an individual; (2) one or more principal partners, if the Contractor is a partnership;

or (3) one or more senior officers, if Con-tractor is a corporation, association, or simi-lar legal entity. However, if the Contracting Officer approves, the Contractor may be rep-resented in the direction of the work by a specific person or persons holding positions other than those identified in this para-graph.

(End of clause)

52.236–20 [Reserved]

52.236–21 Specifications and Drawings for Construction.

As prescribed in 36.521, insert the fol-lowing clause:

SPECIFICATIONS AND DRAWINGS FOR

CONSTRUCTION (FEB 1997)

(a) The Contractor shall keep on the work site a copy of the drawings and specifications and shall at all times give the Contracting Officer access thereto. Anything mentioned in the specifications and not shown on the drawings, or shown on the drawings and not mentioned in the specifications, shall be of like effect as if shown or mentioned in both.

In case of difference between drawings and specifications, the specifications shall gov-ern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a determination in writing. Any ad-justment by the Contractor without such a determination shall be at its own risk and expense. The Contracting Officer shall fur-nish from time to time such detailed draw-ings and other information as considered necessary, unless otherwise provided.

(b) Wherever in the specifications or upon the drawings the words directed, required, or-dered, designated, prescribed, or words of like import are used, it shall be understood that the direction, requirement, order, designation, or prescription, of the Contracting Officer is intended and similarly the words approved, acceptable, satisfactory, or words of like im-port shall mean approved by, or acceptable to, or satisfactory to the Contracting Officer, un-less otherwise expressly stated.

(c) Where as shown, as indicated, as detailed, or words of similar import are used, it shall be understood that the reference is made to the drawings accompanying this contract unless stated otherwise. The word provided as used herein shall be understood to mean pro-vide complete in place, that is furnished and in-stalled.

(d) Shop drawings means drawings, sub-mitted to the Government by the Con-tractor, subcontractor, or any lower tier sub-contractor pursuant to a construction con-tract, showing in detail (1) the proposed fab-rication and assembly of structural elements and (2) the installation (i.e., form, fit, and attachment details) of materials or equip-ment. It includes drawings, diagrams, lay-outs, schematics, descriptive literature, il-lustrations, schedules, performance and test data, and similar materials furnished by the contractor to explain in detail specific por-tions of the work required by the contract.

The Government may duplicate, use, and dis-close in any manner and for any purpose shop drawings delivered under this contract.

(e) If this contract requires shop drawings, the Contractor shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of such coordination and review. Shop drawings submitted to the Con-tracting Officer without evidence of the Con-tractor’s approval may be returned for resub-mission. The Contracting Officer will indi-cate an approval or disapproval of the shop drawings and if not approved as submitted shall indicate the Government’s reasons therefor. Any work done before such ap-proval shall be at the Contractor’s risk. Ap-proval by the Contracting Officer shall not relieve the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for complying with the requirements of this contract, except with respect to variations described and ap-proved in accordance with (f) below.

(f) If shop drawings show variations from the contract requirements, the Contractor shall describe such variations in writing, separate from the drawings, at the time of submission. If the Contracting Officer ap-proves any such variation, the Contracting Officer shall issue an appropriate contract modification, except that, if the variation is minor or does not involve a change in price or in time of performance, a modification need not be issued.

(g) The Contractor shall submit to the Contracting Officer for approval four copies (unless otherwise indicated) of all shop draw-ings as called for under the various headings of these specifications. Three sets (unless otherwise indicated) of all shop drawings, will be retained by the Contracting Officer and one set will be returned to the Con-tractor.

(End of clause)

Alternate I (APR 1984). When record shop drawings are required and repro-ducible shop drawings are needed, add

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48 CFR Ch. 1 (10–1–11 Edition) 52.236–22 the following sentences to paragraph

(g) of the basic clause:

Upon completing the work under this con-tract, the Contractor shall furnish a com-plete set of all shop drawings as finally ap-proved. These drawings shall show all changes and revisions made up to the time the equipment is completed and accepted.

Alternate II (APR 1984). When record shop drawings are required and repro-ducible shop drawings are not needed, the following sentences shall be added to paragraph (g) of the basic clause:

Upon completing the work under this con-tract, the Contractor shall furnish lll

[Contracting Officer complete by inserting de-sired amount] sets of prints of all shop draw-ings as finally approved. These drawings shall show changes and revisions made up to the time the equipment is completed and ac-cepted.

[48 FR 42478, Sept. 19, 1983, as amended at 55 FR 38518, Sept. 18, 1990; 56 FR 41744, Aug. 22, 1991; 60 FR 34761, July 3, 1995; 61 FR 67426, Dec. 20, 1996]

52.236–22 Design Within Funding Lim-itations.

As prescribed in 36.609–1(c), insert the following clause:

DESIGN WITHIN FUNDING LIMITATIONS (APR

1984)

(a) The Contractor shall accomplish the de-sign 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 facili-ties 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 limita-tion. These additional services shall be per-formed at no increase in the price of this contract. However, the Contractor shall not be required to perform such additional serv-ices at no cost to the Government if the un-favorable bids or proposals are the result of conditions beyond its reasonable control.

(b) The Contractor will promptly advise the Contracting Officer if it finds that the project being designed will exceed or is like-ly to exceed the funding limitations and it is unable to design a usable facility within these limitations. Upon receipt of such infor-mation, the Contracting Officer will review the Contractor’s revised estimate of con-struction cost. The Government may, if it determines that the estimated construction contract price set forth in this contract is so low that award of a construction contract not in excess of such estimate is improbable, authorize a change in scope or materials as required to reduce the estimated construc-tion cost to an amount within the estimated construction contract price set forth in para-graph (c) below, or the Government may ad-just such estimated construction contract price. When bids or proposals are not solic-ited or are unreasonably delayed, the Gov-ernment shall prepare an estimate of con-structing the design submitted and such esti-mate shall be used in lieu of bids or pro-posals to determine compliance with the funding limitation.

(c) The estimated construction contract price for the project described in this con-tract is $ll.

(End of clause)

[48 FR 42478, Sept. 19, 1983, as amended at 50 FR 26904, June 28, 1985]

52.236–23 Responsibility of the Archi-tect-Engineer Contractor.

As prescribed in 36.609–2(b), insert the following clause:

RESPONSIBILITY OF THE ARCHITECT-ENGINEER

CONTRACTOR (APR 1984)

(a) The Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all designs, draw-ings, specifications, and other services fur-nished by the Contractor under this con-tract. The Contractor shall, without addi-tional compensation, correct or revise any errors or deficiencies in its designs, draw-ings, specifications, and other services.

(b) Neither the Government’s review, ap-proval 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 re-main liable to the Government in accordance with applicable law for all damages to the Government caused by the Contractor’s neg-ligent performance of any of the services fur-nished under this contract.

(c) The rights and remedies of the Govern-ment 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.

(End of clause)

[48 FR 42478, Sept. 19, 1983, as amended at 50 FR 26904, June 28, 1985]

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