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Found 4 results

  1. Is it permissible to award an 8(a) sole source single award AE IDIQ? FAR 36.101 appears to prevent such a contemplated award, as requirements exist within FAR Subpart 36.6 that may be challenging to meet under such an acquisition type. A Few Relevant References (Specific Areas of Interest Included as Blue Font): Subpart 36.1 - General 36.101 Applicability. (a) Construction and architect-engineer contracts are subject to the requirements in other parts of this regulation, which shall be followed when applicable. (b) When a requirement in this part is inconsistent with a requirement in another part of this regulation, this part 36 shall take precedence if the acquisition of construction or architect-engineer services is involved. 36.602 Selection of firms for architect-engineer contracts. 36.602-1 Selection criteria. (c) Hold discussions with at least three of the most highly qualified firms regarding concepts, the relative utility of alternative methods and feasible ways to prescribe the use of recovered materials and achieve waste reduction and energy-efficiency in facility design (see part 23). 36.602-3 Evaluation board functions. (c) Hold discussions with at least three of the most highly qualified firms regarding concepts and the relative utility of alternative methods of furnishing the required services. Your thoughts are most appreciated!
  2. In construction, when delays are caused without contractor fault I found utilize 52.249-10 Default (Fixed-Price Construction) as it reads: The Contractor, within 10 days from the beginning of any delay (unless extended by the Contracting Officer), notifies the Contracting Officer in writing of the causes of delay. The Contracting Officer shall ascertain the facts and the extent of delay. If, in the judgment of the Contracting Officer, the findings of fact warrant such action, the time for completing the work shall be extended. However, in non-commercial services the clause is instead 52.249-8. I see this clause used for extensions to A&E contracts, but there is no similar language in this clause that stands out to me as an authority to modify the contract. The closest thing would be 52.249-8(c) but it feels like quite a stretch. What are your thoughts and how do you justify this on your authority matrix?
  3. Hello All: I have an Contractor under an AE IDIQ that is asking if they could add two subcontractors to the list of agreed upon subs. FAR 52.244-2 Subcontractors and Outside Associates and Consultants states that the Contractor shall obtain CO consent before making any substitution for the subcontractors, associates, or consultants that were agreed to during negotiations. However, I feel this doesn't cover adding additional subs. Can anyone point me in the direction of more information regarding this matter? Thanks!
  4. Who owns possession of the contruction site of a full building renovation? Senario: The A&E left a piece of equiptment off the drawings for salvage and was partially demoed by the construction contractor. The Government informed the contractor that this piece of equoptment was to stay and be reinstalled once the building was complete. The item stayed in the building for over one year and is now missing. Who is at fault. The Governmnet placed original fault on the A&E firm for the inaccurracy in the drawings. However, once a decision was made to salvage the equiptment and it had been in the building for one year and the construction contractor was made aware it is not his responsibility to make sure the item was salvaged and kept safe. A proposal was recieved to replace the missing equiptment (8k). The construction contract was for $8 million. I was initially looking at FAR 46 to see where the burden of liablity was and then on to 52.228-5 for property damage insurance. What clauses would help in this instance. Is the construction contractor responsible for the building and losses while in their possesion during construction prior to subtaintial completeion and final acceptance?
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