Subpart 936.2 Special Aspects of Contracting for Construction.
936.202 Specifications.

Subpart 936.6 Architect-Engineer Services.
936.602-70 DOE selection criteria.
936.609-3 Work oversight in architect-engineer contracts.

Subpart 936.7 Standard and Optional Forms for Contracting for
Construction, Architect-Engineer Services, and Dismantling,
Demolition or Removal of Improvements
936.702 Forms for use in contracting architect-engineer services.

Subpart 936.71 Inspection and Acceptance
936.7100 Scope of subpart.
936.7101 Construction contracts.

Authority: 42 U.S.C. 7254; 40 U.S.C. 486(c).
Source: 49 FR 12016, Mar. 28, 1984, unless otherwise noted.

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Subpart 936.2 Special Aspects of Contracting for Construction

936.202 Specifications.

(a) To support all invitations for bids, plans and specifications will be

available on request to all prospective bidders, including general contractors,

subcontractors, and material and equipment suppliers. Where the cost of

reproduction is $10 or more, the charge shall be a minimum of $10 and

subject to a maximum of $500, depending upon the size of the project

and the number of drawings and the volume of specifications involved.

Where the cost of reproduction is less than $10, the contracting officer

has authority to make distribution at cost of reproduction, or free of charge,

as a particular situation dictates.

(b) No refund for the return of plans and specifications will be made except

when the invitation is canceled. Under such circumstances, refund of payments

will be made upon return of the plans and specifications in good condition

to the issuing office.

(c) Plans and specifications will be issued without charge to such organizations

as The Associated General Contractors of America, American Road Builders'

Association, Dodge Reports, Blue Reports, Brown's Letters, Inc., builders

and contractors exchanges in the locality in which the project is to be constructed,

and others that maintain public plan display rooms.

(d) Payments received for plans and specifications shall be handled in accordance

with the regulations prescribed by the General Accounting Office in sections

3020-10 and 3030 of Title 7 of GAO Manual for Guidance of Federal Agencies.

(e) If the contracting officer desires to have the architect-engineer or construction

manager handle the furnishing of plans and specifications and payments therefor,

the invitations for bids should so state, and the architect-engineer or construction

management contract shall provide the manner in which the receipts are to be

handled, generally as a credit to the contract.

(f) No charge will be made to original receivers of plans and specifications for

revised sheets of drawings and revised pages of specifications which are issued

by amendments to invitations.

(g) Plans and specifications may be issued in complete sets only, or in complete

sets and parts of sets, as the Head of the Contracting Activity determines to be

best. If less than complete sets of plans and specifications are issued, the

distribution should be based on an applicant's request for specific pages and

drawing sheets.

(h) When a non-refundable fee is to be charged, a provision substantially

the same as 952.236-72 shall be included in the solicitation.

[60 FR 47308, Sept. 12, 1995]

Subpart 936.6 Architect-Engineer Services

936.602-70 DOE selection criteria.

Contracting officers or architect-engineer evaluation boards shall apply

the evaluation criteria contained in this subsection, as appropriate, and

any special criteria developed for individual selections. When special and

additional criteria are to be used, they shall be set forth in the public

announcement required by 936.601, and a written justification for their

use shall be placed in the DOE file maintained for the project.

(a) General qualifications, including:

(1) Reputation and standing of the firm and its principal members;

(2) Experience and technical competence of the firm in comparable work;

(3) Past record in performing work for DOE, other Government agencies,

and private industry, including projects or contracts implemented with

no overruns; performance from the standpoint of cost including cost

overruns (last 5 years); the nature, extent, and effectiveness of contractor's

cost reduction program; quality of work; and ability to meet schedules

including schedule overruns (last 5 years) (where applicable);

(4) The volume of past and present workloads;

(5) Interest of company management in the project and expected

participation and contribution of top officials;

(6) Adequacy of central or branch office facilities for the proposed

work, including facilities for any special services that may be required;

(7) Geographic location of the home office and familiarity with the

locality in which the project is located;

(8) In addition to these requirements, consider the Architect-Engineer

firm's experience in energy efficiency, pollution prevention, waste

reduction, and the use of recovered and environmentally preferable

materials and other criteria at FAR 36.602-1.

(Source: 68 FR 6358, Feb. 7, 2003)

(b) Personnel and organizations.

(1) Specific experience and qualifications of personnel proposed

for assignment to the project, including, as required for various

phases of the work:

(i) Technical skills and abilities in planning, organizing, executing,

and controlling;

(ii) Abilities in overall project coordination and management; and

(iii) Experience in working together as a team;

(2) Proposed project organization, delegations of responsibility,

and assignments of authority;

(3) Availability of additional competent, regular employees for support

of the project, and the depth and size of the organization so that any

necessary expansion or acceleration could be handled adequately;

(4) Experience and qualifications of proposed consultants and

subcontractors; and

(5) Ability to assign adequate qualified personnel from the

proposed organization (firms own organization, joint-venture

organizations, consulting firms, etc.) including key personnel

and a competent supervising representative.

(c) Additional (or special) criteria developed for the specific

project shall be considered and evaluated as may be appropriate.

936.609-3 Work oversight in architect-engineer contracts.

In addition to the clause at FAR 52.236-24, the contracting officer

shall insert the clause at 952.236-71 in architect-engineer contracts.

Subpart 936.7 Standard and Optional Forms for Contracting for

Construction, Architect-Engineer Services, and Dismantling,

Demolition, or Removal of Improvements

936.702 Forms for use in contracting for architect-engineer services.

(a) The contracting officer shall also include the additional terms at

952.236 - 70 in Standard Form 252 item 6.

Subpart 936.7100 Inspection and Acceptance

936.7100 Scope of subpart.

This subpart implements and supplements FAR Part 36 by

prescribing the policies and requirements for inspection

and acceptance under construction contracts.

936.7101 Construction contracts.

(a) Inspection services may be performed by the architect-engineer

repsonsible for the design. Inspection services may not be procured

from a construction contractor with respect to its own work.

(b) When one contractor is to inspect the work of another, the inspection

contractor will be given written instructions defining its responsibilities and

stating that it is not authorized to modify the terms and conditions of the

contract, to direct additional work, to waive any requirements of the contract,

or to settle any claim or dispute. Copies of the instructions will be given to the

contractor who is to be inspected, with a request to acknowledge receipt on a

copy to be returned to the contracting officer. In this manner, both contractors

are on express notice of the authority and limitations of the authority of the

inspecting contractor.