The federal government frequently argues that its inspectors lack the authority to effect a constructive change. 52.246-7 Inspection of Research and Development-Fixed-Price. In fact, indemnification clauses are a major player in the ever-waging war over managing risk. 552.236-21 Specifications and Drawings for Construction. If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. For example, if the owner increases the cost of conducting the inspection or test by changing the location or requiring special inspection devices, the contractor may recover additional costs.23, The owner generally may examine completed work and require the contractor to remove or tear out defective or nonconforming work. (1) The Contracting Officer may retain funds - (i) Where performance under the contract has been determined to be deficient or the Contractor has performed in an unsatisfactory manner in the past; or In your position as a COR, Conflict of Interest rules and regulations prohibit you from: Working on a government matter that has an effect on your personal financial interests. All work shall be conducted under the general direction of the Contracting Officer and is subject to Government inspection and test at all places and at all reasonable times before acceptance to ensure strict compliance with the terms of the contract. 552.236-11 Use and Possession Prior to Completion. Introduction. Which of the following is TRUE regarding requirements development and documentation? Acquisition Planning's principal purpose is to ensure that the government meets its needs in the most effective, economical and timely manner while emphasizing competition and promoting the use of commercial items. Acceptance shall be final and conclusive except for latent defects, fraud, gross mistakes amounting to fraud, or the Government's rights under any warranty or guarantee. For instance, in the AIA-A201 2017 changes are addressed in Article 7, while in the AGC ConsensusDocs 200, the change provisions are found in Article 8. The contractor also may have to obtain test results on work in place or materials to be used. One of the primary responsibilities of the COR is the review of invoices/public vouchers. The procuring Contracting Officer, Administrative Contracting Officer, Termination Contracting Officer, and the Contracting Officer's Representative are key players in the acquisition process. In summary the clause:! If the work is found to be defective or nonconforming in any material respect due to the fault of the Contractor or its subcontractors, the Contractor shall defray the expenses of the examination and of satisfactory reconstruction. The next time you're you are litigating a change order dispute, keep these tips in mind: The change order is a fundamental concept in the construction industry. The government must notify the contractor when ____________. What exactly is the clause referring to as "permitted by law"? 1852.246-72 Material Inspection and Receiving Report. Once the Government Representative has executed final acceptance of any supplies or services there is no legal recourse for the Government for non-conforming items. You can help prevent misunderstandings by letting buyers know about the difference between timber pest and termite inspections, before the contract is . Furthermore, the owner cannot, with impunity, perform inspections in such a manner as to delay or disrupt the contractors work or to alter contract requirements. This is an example of a: The Contracting Officer's Representative is responsible for safeguarding all proprietary data. The inspection clause for _______________contracts allows for the contracting officer to charge not only the cost of rework to the contractor but also any additional costs associated with re-inspection. The Contracting Officer's Representative's role in inspection is to determine whether the completed supplies and services conform to what the government ordered and can be accepted. performance against contract schedule. Most all construction contracts have a "changes in the work" clause that establishes procedures for revising a contractor's scope of work. Government shall perform all inspection and tests in a manner that will not unnecessarily delay the work.. They usually stem from the prime contract between the project/property owner and the general contractor, requiring the GC to indemnify the property owner from any harm or damages that may occur during the duration of the construction project. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of " federally assisted construction contract " in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4 (b), in accordance with Executive Order 11246, " Equal Employment Opportunity . Kr pI^B\m ;y0M%.;`[\Q|n(m4`zp0uW%:an~b&sZ6E630:PMLd~:p1m`v*:PbiTsa*H8_u.JVw zx*5EOt&"J(DV? ^E`M3Y)8nE zy;AKtM Jug6fgvxg0hEMa. Download the contract review checklist. (b) The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. The purpose of market research is to determine capabilities in the marketplace able to satisfy the government's needs. For example, AIA A201 provides in Section 9.4.2, with regard to the effect of issuing a Certificate for Payment, that the issuance of a Certificate for Payment will not be a representation that the Architect hasmade exhaustive or continuous on-site inspections to check the quality or quantity of the Work. The requirements document should use market research and promote full An Accounting Classification Requirements Number (ACRN) is: The main purpose for the COR to understand the contract and how it is organized is to be aware of all contractual requirements and deliverables. The contractor personnel must provide certification that they have been trained on the proper use and care for the property, Areas assessed in contractor past performance are ________________ (Select All that Apply), Cost controls Each construction contract includes an implied obligation on the owner not to unduly delay or hinder the contractors work. In federal government construction, the standard federal inspection clause places primary responsibility for contract compliance on the contractor. 1852.246-74 Contractor Counterfeit Electronic Part Detection and Avoidance, 5252.246-9512 INSPECTION AND ACCEPTANCE (NAVAIR)(OCT 2005), 5252.246-9514 INSPECTION AND ACCEPTANCE OF TECHNICAL DATA AND INFORMATION (NAVAIR)(FEB 1995), 5252.246-9503 Significance of Systems Engineering Technical Reviews Required under this Contract (NAVAIR). The government has ________ from receipt of an invoice to notify the contractor if it is improper. This is known as the quality control system. endstream endobj startxref This is known as the quality control system. Classic examples of change orders include the owner's desire to move the location of a wall to accommodate some other design element, adding a window where there was none in the original plans, or changing the finish of the floors from tile to terrazzo. (4) Affect the continuing rights of the Government after acceptance of the completed work under paragraph (i) of this- section. are being required to perform extra work. The contracting officer may insert the clause in such solicitations and contracts when the contract amount is expected to be at or below the simplified acquisition threshold, and its use is in the Governments interest. A change to one contract doesn't does not necessarily change another. From the owners perspective, the primary objectives of any construction project generally fall into three categories: cost, schedule, and quality. For example, one clause provides that [t]he Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the work performed under the contract conforms to contract requirements. (2) Terminate for default the Contractors right to proceed. As a result, the court held that the surety was discharged from its bond obligations to the extent it was prejudiced by the citys conduct.3. At least that's how it's supposed to work. The ANSI/EIA 32 management system guidelines include (Select all that apply), Managerial analysis An Earned Value Management system that is formally validated and accepted by the cognizant contracting officer is required on cost or incentive contracts valued at or greater than ____. The word warranties has several different meanings in the construction context. The co-date clause is designed to avoid the situation where one party has completed its works but the other party has not, and the project is therefore delayed. The contracts inspection standards should be construed so as to reconcile inconsistencies. The COR should work with the Contracting Officer if the COR identifies a need to change the current contract. FAR Clause 52.246-12 Inspection of Construction is the foundation and basis for all contract requirements dealing with quality control and quality assurance. 52.246-4 Inspection of Services-Fixed-Price. The Quality Assurance Surveillance Plan (QASP) provides the government inspection plan to ensure contractor quality. For example, in Delaware, an employee of an independent contractor was denied recovery against the general contractor when the employee fell off the roof of a new home. The cardinal change doctrine can also be invoked if the totality of the change orders on the project results in a fundamental change to the original work. You can help minimize that cost by advising clients to be sure they get detailed, written change orders, and, if nothing else, document everything. Contract amount. The court held that the city had breached its inspection obligations, thereby prejudicing the surety when payments for defective work were made to the contractor. 10 days before inspection, give written notice to each party Stainless Steel Sink; Stone Tools; Projects; Factory Resources; Stone Knowledge; Feedback; the inspection clause for construction contracts. 52.246-6 Inspection-Time-and-Material and Labor-Hour. The City Engineer will review shop drawings and submittals for compliance with City standards. 2. an unbiased realistic cost estimate for supplies or services that will be procured under the contract. The owner naturally desires high-quality construction, on schedule, and at a low cost. If the specified test can be viewed as establishing a standard of performance, however, a different test increasing the level of performance cannot be substituted without a change to the contract price.34, Not only does the government have the right to inspect at all places and times; the government also has the right to reinspect the same performance. Subcontract Administration and Dispute Avoidance, Federal Government Construction ContractingAn Overview, Management Techniques to Limit Risks and Avoid Disputes, The Uniform Commercial Code and the Construction Industry, Indemnity and Limitation of Liability Clauses, Currie and Hancocks Common Sense Construction Law, Arbitration of International Business Disputes, Brownlies Principles of Public International Law, Health and Human Rights in a Changing World, he Handbook of Maritime Economics and Business, Information Doesn't Want to Be Free_ Laws for the Internet Age, International Contractual and Statutory Adjudication, International Maritime Conventions (Volume 3), International Sales Law A Guide to the CISG, Mandatory Reporting Laws and the Identification of Severe Child Abuse and Neglect, Research on Selected China's Legal Issues of E-Business, Serving the Rule of International Maritime Law, Stephen Cretney-Family Law in the Twentieth Century_ A History-Oxford University Press (2003), The Impact of Corruption on International Commercial Contracts, Theoretical and Empirical Insights into Child and Family Poverty, The Oxford History of the Laws of England, The Routledge Companion to Philosophy of Law, Trade Policy between Law Diplomacy and Scholarship. Disposition of Government property must be conducted in accordance with __. Civilian Agency Acquisition Council (CAAC), Interagency Suspension and Debarment Committee (ISDC). Cost Reimbursement Disposition of Government property must be conducted in accordance with_______? In federal government work, the scope of the inspection requirements depends on an analysis of the type of work to be delivered. The FAR, however, establishes four categories of contract quality requirements: (1) reliance on the contractors existing quality assurance systems as a substitute for government inspection and testing for commercial items; (2) government reliance on the contractor to perform all inspections and testing; (3) standard inspection requirements contained in the standard clauses, calling for inspections to be performed by both the contractor and the government; and (4) higher-level quality requirements prescribing more stringent inspections to be performed by the government.31, In most construction projects, the government will perform either the standard inspection or the higher-level quality inspection. All of the following are elements of a Purchase Request EXCEPT________. Change orders are not the only way for the owner to change the work. Exclusion clauses are commonly seen in a construction contract. If the contractor delivers a non-conforming item or service, the __________ may accept the deliverable. After discovering that the contractors work had not been properly performed, the surety sued the city for payments made to the contractor, which the surety contended could have been withheld and available to the surety if the defective work had been discovered through the citys inspection. Some, but not all, of these promises relate to quality issues. 68 0 obj <>/Filter/FlateDecode/ID[<2D82F2A141FA48054B476FE0C1402928><721002A309547F46989E0B3941CEB668>]/Index[63 18]/Info 62 0 R/Length 49/Prev 60614/Root 64 0 R/Size 81/Type/XRef/W[1 2 1]>>stream To the extent this agreement is a "procurement contract" as defined by State Finance Law 139-j and 139-k, by signing this agreement the contractor certifies and affirms that all disclosures made in