36.609
Contract clauses
FAR 36.609 mandates specific contract clauses in architect-engineer contracts to ensure design quality, cost control, and professional accountability.
Overview
FAR 36.609 outlines the mandatory and recommended contract clauses for architect-engineer (A-E) contracts, focusing on ensuring design quality, compliance with funding limitations, and professional accountability. This section directs contracting officers to include specific clauses addressing design within funding limits, responsibility for correcting design errors, oversight of work, and requirements for designer registration. These clauses are critical for managing risk, ensuring project feasibility, and maintaining professional standards in A-E services.
Key Rules
- Design Within Funding Limitations
- Contracts must include clauses requiring A-E firms to design projects within specified funding constraints, ensuring cost-effective solutions.
- Redesign Responsibility for Errors or Deficiencies
- Clauses must assign responsibility to A-E firms for correcting design errors or deficiencies at no additional cost to the government.
- Work Oversight in A-E Contracts
- Contracts should include provisions for government oversight of A-E work to ensure compliance with contract requirements and quality standards.
- Requirements for Registration of Designers
- Clauses must require that designers be properly registered or licensed in accordance with state or local laws, ensuring professional qualifications.
Responsibilities
- Contracting Officers: Must include the appropriate clauses in all A-E contracts and verify compliance with registration and oversight requirements.
- Contractors: Must adhere to funding limitations, correct design errors, cooperate with oversight, and ensure all designers are properly registered.
- Agencies: Oversee contract administration, enforce clause compliance, and ensure project quality and fiscal responsibility.
Practical Implications
- These clauses protect the government from cost overruns, design flaws, and unqualified designers.
- Proper clause inclusion is essential for risk management and legal compliance in A-E contracts.
- Failure to comply can result in project delays, increased costs, or contract disputes.