Project Name
Project No. ___________
UFC 4-721-11.1, UEPH Complexes, 26 Nov 01
CONTRACT CLAUSES FOR DESIGN-BUILD CONSTRUCTION CONTRACTS:
NOTES TO THE DESIGN DISTRICT
The applicable contract clauses (Section 00700) for a D-B RFP are generally the same as for a
design/bid/build construction RFP solicitation. There are some special considerations to keep in mind for
a D-B RFP. Clauses that allow the Government to tailor wording to fit the situation are discussed herein.
We have also included some discussion on some standard clauses.
Suggested Clauses and Associated DFARS Clauses to be Included in a D/B Contract:
Requirements for Registration of Designers
Performance of Work by the Contractor
Limitations on Subcontracting
Commencement, Prosecution, and Completion of the Work
Governments Rights (Unlimited)
Drawings and Other Data to Become Property of the Government
Rights in Shop Drawings
Nondomestic Construction Materials
REQUIREMENTS FOR REGISTRATION OF DESIGNERS
It is extremely important to include this standard A-E contract clause in design-build construction
contracts. Section 01012, "Design After Award", should specify requirements for the D-B contractor to
designate "designers of record" for each design discipline. Section 01330, "Submittals", must specify the
role of the DOR(s) to review and approve all submittals for extensions to design and other submittals,
requiring coordination with the design. Section 00110, "Proposal Submission Requirements", requires
offerors to identify and submit qualifications for the DOR(s). The below Contract Clause establishes
minimum standards for registration.
52.236-0025 REQUIREMENTS FOR REGISTRATION OF DESIGNERS (Apr 1984)
The design of architectural, structural, mechanical, electrical, civil, or other engineering features of the
work shall be accomplished or reviewed and approved by architects or engineers registered to practice in
the particular professional field involved in a State or possession of the United States, in Puerto Rico, or
in the District of Colombia.
(End of Clause)
PERFORMANCE OF WORK BY THE CONTRACTOR.
The following clause is mandatory for construction RFPs, not set-aside for small business or 8(a). The
purpose of the clause is to prevent "brokering" of the work (that is where the winning contractor subs out
the work to another firm or firms) and to require personal participation and management of the work by
the prime contractor.
52.236-1 PERFORMANCE OF WORK BY THE CONTRACTOR (APR 1984)
The Contractor shall perform on the site, and with its own organization, work equivalent to at least
_______ (**) percent of the total amount of work to be performed under the contract, not including design
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