PART
1836
CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
TABLE OF CONTENTS
SUBPART 1836.2 SPECIAL ASPECTS OF CONTRACTING FOR
CONSTRUCTION
1836.203 Government
estimate of construction costs.
1836.209 Construction
contracts with architect-engineer firms.
1836.213 Special
procedures for sealed bidding in construction contracting.
1836.213-3 Invitations for
bids.
1836.213-370 Additive and deductive
items.
1836.213-4 Notice of Award.
SUBPART 1836.5 CONTRACT CLAUSES
1836.513 Accident
prevention.
1836.570 NASA
solicitation provisions and contract clause.
SUBPART 1836.6 ARCHITECT-ENGINEER SERVICES
1836.602 Selection of
firms for architect-engineer contracts.
1836.602-1 Selection
criteria.
1836.602-2 Evaluation boards.
1836.602-4 Selection
authority.
1836.602-5 Short selection
process for contracts not to exceed the simplified acquisition threshold.
1836.602-70 Selection of
architect-engineer for master planning.
1836.603 Collecting data
on and appraising firms' qualifications.
1836.605 Government cost
estimate for architect-engineer work.
SUBPART 1836.7 STANDARD AND OPTIONAL FORMS FOR
CONTRACTING FOR
CONSTRUCTION, ARCHITECT-ENGINEER SERVICES, AND
DISMANTLING, DEMOLITION, OR REMOVAL OF
IMPROVEMENTS
1836.702 Forms for use
in contracting for architect-engineer services.
SUBPART 1836.70 PARTNERING
1836.7001 Definition.
1836.7002 General.
1836.7003 Policy.
1836.7004 NASA solicitation
provision and contract clause.
PART
1836
CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
1836.203 Government
estimate of construction costs.
(c)(i) If the acquisition is by sealed bidding, the
contracting officer shall file a sealed copy of the detailed Government
estimate with the bids until bid opening. After the bids are read and recorded,
the contracting officer shall read the estimate, and record it in the same
detail as the bids.
(ii)
If the acquisition is by negotiation, the contracting officer may disclose
the overall amount of the Government estimate after award upon request of offerors.
1836.209 Construction
contracts with architect-engineer firms.
(1)
Except as indicated in paragraph (2) of this section, the Assistant
Administrator for Procurement (Code HS) is the approval authority.
(2)
A construction contract may be awarded to the firm that designed the
project (or its subsidiaries or affiliates) if the contract is awarded on the
basis of performance specifications for the construction of a facility, and it
requires the contractor to furnish construction drawings, specifications, or
site adaptation drawings of the facility.
(3) In
no case shall the firm that prepared the drawings and specifications supervise
and inspect, on behalf of the Government, the construction of the facility
involved.
1836.213 Special procedures for sealed bidding in construction contracting.
1836.213-3 Invitations for bids.
1836.213-370 Additive and deductive items.
When
it appears that funds available for a project may be insufficient for all the
desired features of construction, the contracting officer may provide in the
invitation for bids for a first or base bid item covering the work generally as
specified and one or more additive or deductive bid items progressively adding
or omitting specified features of the work in a stated order of priority.
In such case, the contracting officer, before the opening of bids, shall record
in the contract file the amount of funds available for the project and
determine the low bidder and the items to be awarded in accordance with the
provision at 1852.236-71,
Additive or Deductive Items.
1836.213-4
Notice of Award.
(e)
Contract delivery or performance schedules, commencement of work, or notices to
proceed shall not be expressed in terms of a notice of award. (See 1814.408-1).
The contracting officer must insert the
clause at 1852.223-70, Safety and Health, in lieu of FAR clause 52.236-13, Accident Prevention, and its Alternate I.
1836.570
NASA solicitation provisions and contract clause.
(a)
The contracting officer shall insert the provision at 1852.236-71,
Additive or Deductive Items, in invitations for bids for construction when it
is desired to add or deduct bid items to meet available funding.
(b)
The contracting officer shall insert the provision at 1852.236-72,
Bids with Unit Prices, in invitations for bids for construction when the
invitation contemplates unit prices of items.
(c)
The contracting officer shall insert the clause at 1852.236-73,
Hurricane Plan, in solicitations and contracts for construction at sites that
experience hurricanes.
(d)
The contracting officer shall insert the provision at 1852.236-74,
Magnitude of Requirement, in solicitations for construction. Insert the
appropriate estimated dollar range in accordance with FAR
36.204.
1836.602
Selection of firms for architect-engineer contracts.
1836.602-1 Selection criteria.
(a)(2)
The evaluation of specialized experience and technical competence shall be
limited to the immediately preceding ten years.
(a)(4)
The evaluation of past performance shall be limited to the immediately
preceding ten years.
(a)(6)
The architect-engineer selection board may also establish evaluation criteria
regarding the volume of work previously awarded to the firm by NASA, with the
object of effecting an equitable distribution of contracts among qualified
architect-engineer firms, including minority-owned firms and firms that have
not had prior NASA contracts.
1836.602-2 Evaluation boards.
(a)
Installations shall establish an architect-engineer selection board to be composed
of the selection authority and at least three voting members. Membership shall
at least include: one currently registered architect or professional engineer,
who shall serve as the board chairperson; an official from the requiring
office; if appropriate, a technical official familiar with any unique subject
matter critical to the requirement; and a procurement official (a contracting
officer, if feasible) as an ad hoc advisor to the board. Where appropriate, the
procurement official may serve as a voting member. Non-Government employees
shall not be appointed as voting members.
1836.602-4 Selection authority.
(a)
The selection authority shall be appointed in accordance with installation
procedures.
1836.602-5 Short selection process for contracts not to
exceed the simplified acquisition threshold.
The
procedures at FAR
36.602-5(a) or (b) may be used at the discretion of the selection
authority.
1836.602-70 Selection of architect-engineer for master
planning.
(a)
Definition of master plan. A master plan is an integrated series of
documents presenting in graphic, narrative, and tabular form the present
composition of the installation and the plan for its orderly and comprehensive
development to perform its various missions in the most efficient and
economical manner.
(b)
Selection.
(1)
Selection of an architect-engineer for the development of a master plan in
connection with the establishment of a new NASA activity or installation shall
be made by the Associate Administrator having institutional responsibility. The
report of the architect-engineer selection board will be concurred in at NASA
Headquarters by the Assistant Administrator for Management Systems, the
Assistant Administrator for Procurement, the Chief Financial Officer, and the
General Counsel.
(2) The
Assistant Administrator for Management Systems shall be responsible for the
architect-engineer selection board report required by FAR
36.602-3(d) before presentation to the Associate Administrator having
institutional responsibility.
1836.603 Collecting
data on and appraising firms' qualifications.
The
architect-engineer selection boards (see 1836.602-2)
are designated as NASA's evaluation boards for the purposes of FAR
36.603.
1836.605
Government cost estimate for architect-engineer work.
(b) The
contracting officer may disclose the overall amount of the Government estimate
after award upon request of offerors.
1836.702 Forms
for use in contracting for architect-engineer services.
(a)(i) Instructions for completing Standard Form 252, Architect-Engineer
Contract, are as follows:
(A) Block
5 - Project Title and Location. Include a short description of
the construction project and the estimated cost of constructing the facilities
for the project. If the space provided is insufficient, include a more
detailed description in the contract's specification/work statement and
identify the location of the more detailed description in Block 10.
(B) Block
6 - Contract For (General description of services to
be provided). Include a brief description of the services
and state that they are fully set out in the specification/work statement.
Clearly specify the date by which design services must be completed. If
supervision and inspection services during construction are to be acquired,
clearly specify the date by which they must be completed and add a statement
that the Government may extend the period for their performance as provided in
the Changes clause of the contract.
(C)
Block 7 - Contract Amount. If the contract is for both
design and supervision and inspection services, set out the amounts for each
effort separately.
(ii)
The services to be furnished by an architect-engineer should be carefully
defined during negotiation of the contract and a statement of them inserted in
the contract's specification/work statement. The statement should clearly and
concisely set forth the nature and extent of the services and include any
special services, such as the nature and extent of subsurface exploration prior
to designing foundations. A similar statement of supervision and inspection
services should be inserted in the specification/work statement if supervision
and inspection services are to be acquired.
1836.7001 Definition.
"Partnering"
means a relationship of open
communication and close cooperation that involves both Government and
Contractor personnel working together for the purpose of establishing a
mutually beneficial, proactive, cooperative environment within which to achieve
contract objectives and resolve issues and implementing actions as required.
1836.7002 General.
(a) The establishment of a partnering
environment usually leads to higher quality products completed more quickly at
lower overall costs and with fewer accidents and litigation.
(b)
The use of partnering is encouraged as it has been shown to reduce the average
contract cost and schedule growth and to reduce contract claims and litigation.
(c) Partnering
is a voluntary contract relationship within the management process that is not
to be used to unofficially alter terms of the contract.
1836.7003 Policy.
(a) Partnering should be used on a contract when the
contracting officer, in coordination with the project manager, determines that
the benefits to be achieved from its use are expected to be greater than the
costs.
(b)
In determining whether the benefits of partnering are greater than the costs,
the following factors should be considered:
(1)
The estimated dollar value of the contract;
(2)
The complexity of the work to be performed;
(3)
The contemplated length of the contract; and
(4)
The estimated costs to be incurred in conducting the partnership development and
team building initial and follow-up workshops.
1836.7004 NASA solicitation provision and
contract clause.
The contracting officer may
insert a clause substantially the same as stated at 1852.236-75, Partnering for Construction Contracts, in
solicitations and contracts for construction, when it has been determined that
the benefits to be derived from partnering exceed the costs.