UFC 4-721-11.1
26 Nov 01
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 design
combined with the 50 percent vertical construction design, and the 100 percent vertical construction 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
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\ time frames /1/ 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
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\ prior to /1/ 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
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\ prior to /1/ 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
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\ Government acceptance /1/ of the
design, the ACO should authorize construction in accordance with the RFP and the approved 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 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 RFP and contract,
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 percent design with
the awarded proposal and the solicitation requirements. The Contractor's final design must be submitted,
reviewed, comments incorporated, and accepted
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\ prior to /1/ the start of building construction.
12-5 RECORD KEEPING.
12-3