UFC 4-214-02
24 July 2003
12-3.1 Government Reviews. Design reviews by the Government are primarily to verify that the final
design conforms with the RFP and the Contractor's proposal. They are not for technical verification of
the design. Where possible, obvious errors and omissions should be noted and brought to the
Contractor's attention. However, the Government does not assume responsibility for the technical
adequacy of the design. THE GOVERNMENT NEVER "APPROVES" THE DESIGN.
12-3.2 Stages of Review. A minimum of two formal reviews are required: the 100 percent site/utility
design combined with the 50 percent building design, and the 100 percent building design. Volume 2,
Section 01012, defines the submission requirements. The design review team should be composed of
personnel from the USACE design and construction activities who participated in the development of
the RFP and evaluation of the proposals whenever possible (including the Resident Engineer for the
project). In the spirit of partnering, the contractor, the construction area office, and USACE design
reviewers should work continuously to clarify issues, preclude lost design effort, and ensure the
constructability of the project.
If "fast tracking" was included in the project development the
Government must execute the design reviews within the time frames indicated in Section 01012.
Failure of the Government to comply with the review periods indicated will be justification for delay
costs and impacts to the contractor.
12-3.3 Timeliness. Government reviewing activities should receive design review submissions from
the Contractor approximately 14 days prior to review conferences. These documents should
represent the current design status. Work by the Contractor should continue during the review
process. The design shall be 100 percent complete prior to distribution for final review. The
Government must complete the reviews in accordance with the schedule agreed upon at the
predesign conference for construction. Unlike Invitation for Bid (IFB) contracts, the Government is
working within the constraints of the Contractor's performance period. Government delays may form
the basis for a Contractor claim for damages and/or time extensions.
12-3.4 Procedures. A review conference should be held at the Resident Engineer's office following
the review period for each design submission. Government personnel should present review
comments for discussion and resolution. Copies of comments, annotated with comment action agreed
upon, should be made available to all parties by the Contractor within 10 days after the conference
date. Unresolved comments should be resolved by immediate follow-up action. Upon receipt of the
final corrected design documents, the USACE design activity should backcheck the design and ensure
that follow-up actions are complete for all previously unresolved issues. Upon completion and
Government acceptance of the design, the ACO should authorize construction in accordance with the
RFP and the contractor's completed design.
12-4 CONSTRUCTION.
12-4.1 A primary advantage of the design-build process is the ability of the contractor to "fast track"
his construction start without completion of all design information. In preparing the solicitation the
Design District shall include the applicable special contract requirement with respect to "fast track"
construction.
12-4.2 Authority to Initiate Site Construction. Authority to initiate site construction should be given to
the Contractor upon the completion of a Government review for conformance of the 100 percent site
design with the awarded proposal and the solicitation requirements. Following incorporation and/or
resolution of all design related comments the Resident Engineer or ACO can release the contractor to
begin construction on the phases of work which have been reviewed and found to be in conformance
with the original proposal and the solicitation. The responsibility for a totally integrated design, in
accordance with the solicitation and the accepted proposal, remains with the Contractor and the site
construction authority should so state. A preconstruction conference should be held at the Resident
Engineer's office when this authority is given.
12-4.3 Authority to Initiate Facility Construction. Authority to initiate facility construction should be
given to the Contractor upon the completion of a Government review for conformance of the 100
12-3
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