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VAAR PART 836 - CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


PART 836 - CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


PART 836--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

TABLE OF CONTENTS

SUBPART 836.2--SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION

§836.202

Specifications.

§836.203

Government estimate of construction costs.

§836.204

Disclosure of the magnitude of construction projects.

§836.206

Liquidated damages.

§836.209

Construction contracts with architect-engineer firms.

§836.213-4

Notice of award.

§836.213-70

Notice to proceed.

§836.270

Progress payment estimates.

§836.271

Final settlement and payment.

§836.272

Construction procurement scheduling.

SUBPART 836.3--SPECIAL ASPECTS OF SEALED BIDDING IN CONSTRUCTION CONTRACTING

§836.370

Offer acceptance procedure.

SUBPART 836.5--CONTRACT CLAUSES

§836.500

Scope of subpart.

§836.501

Performance of work by the contractor.

§836.513

Accident prevention.

§836.521

Specifications and drawings for construction.

§836.570

Correspondence.

§836.571

Reference to "standards."

§836.572

Government supervision.

§836.573

Daily report of workers and materials.

§836.574

Subcontractors and work conditions.

§836.575

Schedule of work progress.

§836.576

Supplementary labor standards provisions.

§836.577

Worker's compensation.

§836.578

Changes -- supplement.

§836.579

Special notes.

SUBPART 836.6--ARCHITECT-ENGINEER SERVICES

§836.602

Selection of firms for architect-engineer contracts.

§836.602-1

Selection criteria.

§836.602-2

Evaluation boards.

§836.602-4

Selection authority.

§836.602-5

Short selection process for contracts not to exceed the simplified acquisition threshold.

§836.603

Collecting data on and appraising firms' qualifications.

§836.606

Negotiations.

§836.606-70

General.

§836.606-71

Architect-engineer's proposal.

§836.606-72

Contract price.

§836.606-73

Application of 6-percent architect-engineer fee limitation.

PART 836 - CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

SUBPART 836.2 - SPECIAL ASPECTS OF CONTRACTING FOR CONSTRUCTION

§836.202   Specifications.

§836.203   Government estimate of construction costs.

The overall amount of the Government estimate shall not be disclosed until after award of the contract. After award, the overall amount may then be disclosed upon request.

§836.204   Disclosure of the magnitude of construction projects.

In lieu of the estimated price ranges described in FAR 36.204, the magnitude of VA projects should be identified in advance notices and solicitations in terms of one of the following price ranges:

(This section has been promulgated as a deviation to the FAR as provided in FAR subpart 1.4.)   (Jan. 21, 1988)

§836.206   Liquidated damages.

Liquidated damage provisions may be included in construction contracts when the criteria of §811.502 is met. If partial performance may be accepted and utilized to the advantage of the Government, the clause substantially as set forth in §852.211-78 will be included in addition to the clause set forth in FAR 52.211-12.

§836.209   Construction contracts with architect-engineer firms.

When it is considered necessary or advantageous to award a contract for construction of a design-bid-build project, as defined at FAR 36.102, to the firm or person that designed the project, prior approval will be requested from the facility director or manager or, for National Cemetery Administration contracts, the Director, Office of Construction Management, for contracts involving non-recurring maintenance (NRM) funds or from the Chief Facilities Management Officer, Office of Facilities Management, for contracts involving construction funds. Complete justification will be furnished in the request. This section does not apply to design-build contracts, as defined at FAR 36.102.

§836.213-4   Notice of award.

The contracting officer shall provide the contractor a notice of award (letter of acceptance) for any contract award in excess of $25,000.

§836.213-70   Notice to proceed.

§836.270   Progress payment estimates.

§836.271   Final settlement and payment.

§836.272   Construction procurement scheduling.

Solicitations for those nonrecurring maintenance projects approved and funded by Central Office in response to field facilities' annual submissions will be developed on a planned basis as early in the fiscal year as practicable considering all engineering factors, and with due regard to the provisions of FAR 14.202-1, regarding bidding time.

SUBPART 836.3 - SPECIAL ASPECTS OF SEALED BIDDING IN CONSTRUCTION CONTRACTING

§836.370   Offer acceptance procedure.

SUBPART 836.5 - CONTRACT CLAUSES

§836.500   Scope of subpart.

§836.501   Performance of work by the contractor.

The contracting officer shall insert the clause at §852.236-72, Performance of work by the contractor, in solicitations and contracts for construction that contain the FAR clause at 52.236-1, Performance of Work by the Contractor. When the solicitations or contracts include a section entitled "Network Analysis System (NAS)," the contracting officer shall use the clause with its Alternate I.

§836.513   Accident prevention.

The contracting officer shall insert the clause at §852.236-87, Accident Prevention, in all solicitations that contain the clause at FAR 52.235-13, Accident Prevention, or its Alternate.

§836.521   Specifications and drawings for construction.

The contracting officer shall insert the clause at §852.236-71, Specifications and drawings for construction, in solicitations and contracts for construction that include the FAR clause at 52.236-21, Specifications and Drawings for Construction.

§836.570   Correspondence.

The contracting officer shall insert the clause at §852.236-76, Correspondence, in solicitations and contracts for construction expected to exceed the micro-purchase threshold.

§836.571   Reference to "standards."

The contracting officer shall insert the clause at §852.236-77, Reference to "standards," in solicitations and contracts for construction expected to exceed the micro-purchase threshold.

§836.572   Government supervision.

The contracting officer shall insert the clause at §852.236-78, Government supervision, in solicitations and contracts for construction expected to exceed the micro-purchase threshold.

§836.573   Daily report of workers and materials.

The contracting officer shall insert the clause at §852.236-79, Daily report of workers and materials, in solicitations and contracts for construction expected to exceed the simplified acquisition threshold. The contracting officer may, when in the best interest of the Government, insert the clause in solicitations and contracts for construction when the contract amount is expected to be at or below the simplified acquisition threshold.

§836.574   Daily report of workers and materials.

The contracting officer shall insert the clause at §852.236-80, Subcontracts and work coordination, in solicitations and contracts for construction expected to exceed the micro-purchase threshold. When the solicitations or contracts are for new construction work with complex mechanical-electrical work, the contracting officer may use the clause with its Alternate I.

§836.575   Schedule of work progress.

The contracting officer shall insert the clause at §852.236-84, Schedule of work progress, in solicitations and contracts for construction that are expected to exceed the micro-purchase threshold and that do not contain a section entitled "Network Analysis System (NAS)."

§836.576   Supplementary labor standards provisions.

The contracting officer shall insert the clause at §852.236-85, Supplementary labor standards provisions, in solicitations and contracts for construction that are expected to exceed the micro-purchase threshold.

§836.577   Worker's compensation.

The contracting officer shall insert the clause at §852.236-86, Worker's compensation, in solicitations and contracts for construction that are expected to exceed the micro-purchase threshold.

§836.578   Changes -- supplement.

§836.579   Special notes.

The contracting officer shall insert the clause at §852.236-91, Special notes, in solicitations and contracts for construction that are expected to exceed the micro-purchase threshold.

SUBPART 836.6 - ARCHITECT-ENGINEER SERVICES

§836.602   Selection of forms for architect-engineer contracts.

§836.602-1   Selection criteria.

In addition to the evaluation criteria set forth in FAR 36.602-1, the board will consider the factors set forth in this section as they apply to the project or purpose of the selection. Values will be assigned to each factor in determining the relative qualifications of the firms identified as qualified through the preselection process. The values may be confirmed or adjustments may be made as a result of the discussions.

§836.602-2   Evaluation boards.

Central Office architect-engineer contractors will be selected by the board appointed by the Chief Facilities Management Officer, Office of Facilities Management. Field facility architect-engineer contractors will be selected by the board appointed by the facility director.

§836.602-4   Selection authority.

The Chief Facilities Management Officer, Office of Facilities Management, (for Central Office contracts), the Director, Office of Construction Management (for National Cemetery Administration contracts), and the facility director (for field facility contracts), or persons acting in those capacities, are designated as the approving officials for the recommendations of the evaluation boards.

§836.602-5   Short selection process for contracts not to exceed the simplified acquisition threshold.

Either of the procedures provided in FAR 36.602-5 may be used to select firms for architect-engineer contracts not expected to exceed the simplified acquisition threshold.

§836.603   Collecting data on and appraising firms' qualifications.

The Chief Facilities Management Officer, Office of Facilities Management, for Central Office; the Director, Office of Construction Management, for National Cemetery Administration acquisitions; and the Chief, Engineering Service, for field facilities, are responsible for collecting Standard Forms 254 and 255 and for maintaining a data file on architect-engineer qualifications.

§836.606   Negotiations.

§836.606-70   General.

To assure that the fee limitation is not violated, the contracting officer will maintain suitable records to be able to isolate the amount in the total fee to which the 6 percent limitation applies.

§836.606-71   Architect-engineer's proposal.

The use of VA Form 08-6298, Architect-Engineer Fee Proposal, is mandatory for obtaining the proposal and supporting cost or pricing data from the contractor and subcontractor in the negotiation of all architect-engineer contracts for design services when the contract price is estimated to be $50,000 or over. In obtaining architect-engineer services for research study, seismic study, master planning study, construction management and other related services contracts, VA Form 08-6298 shall also be used but supplemented or modified as needed for the particular project type.

§836.606-72   Contract price.

Where negotiations with the top-rated firm are unsuccessful, the contracting officer will terminate the negotiations and undertake negotiations with the firm next in order of preference after authorization by the Chief Facilities Management Officer, Office of Facilities Management, or the facility director. Recommendation for award of the contract at the negotiated fee, will be submitted with a copy of the negotiation memorandum prepared in accordance with FAR 15.406-3 and, whenever a field pricing report has been received, to the Chief Facilities Management Officer, Office of Facilities Management, or the facility director, as appropriate.

§836.606-73   Application of 6-percent architect-engineer fee limitation.

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