36.609-2
Redesign responsibility for design errors or deficiencies
A-E contractors must correct design errors at no cost, and contracting officers must document any decision not to require corrections.
Overview
FAR 36.609-2 establishes the responsibilities of architect-engineer (A-E) contractors regarding errors or deficiencies in their design work. It requires A-E contractors to correct any errors, deficiencies, or inadequacies in designs, drawings, specifications, or related services at no additional cost to the Government. If the Government chooses not to require correction, the contracting officer must document the rationale in the contract file. Additionally, this section mandates the inclusion of FAR clause 52.236-23 in all fixed-price A-E contracts, which formally assigns responsibility for design quality to the contractor.
Key Rules
- Correction of Design Errors
- A-E contractors must correct any errors or deficiencies in their deliverables at no cost to the Government.
- Documentation of Exceptions
- If corrections are not required, the contracting officer must provide a written justification in the contract file.
- Mandatory Clause Inclusion
- The clause at FAR 52.236-23 must be included in all fixed-price A-E contracts to formalize contractor responsibility for design quality.
Responsibilities
- Contracting Officers: Ensure clause 52.236-23 is included in contracts, require corrections for design errors, and document exceptions.
- Contractors: Correct design errors or deficiencies at no cost when required.
- Agencies: Oversee compliance and maintain proper documentation.
Practical Implications
- This section ensures the Government receives quality design work and holds A-E contractors accountable for errors. It protects the Government from additional costs due to contractor mistakes and provides a clear process for handling exceptions. Common pitfalls include failing to include the required clause or not documenting exceptions properly, which can lead to disputes or audit findings.