PART 1836

CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

(September 2015)

 

 

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     1836.70           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

Subpart 1836.2--Special Aspects of Contracting for Construction

 

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.

 

      (a)  Except as indicated in paragraph (b) of this section, the Assistant Administrator for Procurement is the approval authority.

 

      (b)  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.

 

      (c)  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.)

 

Subpart 1836.5--Contract Clauses

 

1836.513  Accident prevention.

For additional guidance on the use of FAR clause 52.236-13, Accident Prevention, and its Alternate I in NASA contracts, see 1823.7001(d).

 

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.

 

Subpart 1836.6--Architect-Engineer Services

 

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 shall be made by the Official, appointed by the Center Director.  The report of the architect-engineer selection board will be concurred in at NASA Headquarters by the Assistant Administrator for Strategic Infrastructure, the Assistant Administrator for Procurement, the Chief Financial Officer, and the General Counsel.

            (2)  The Official, appointed by the Center Director, shall be responsible for the architect-engineer selection board report required by FAR 36.602-3(d).

 

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.

 

Subpart 1836.70--Partnering

 

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 see NASA Partnering Desk Reference (http://www.hq.nasa.gov/office/codej/codejx/Assets/Docs/PartneringGuide.pdf ).

 

      (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.