Project Name
Project No. ___________
UFC 4-721-11.1, UEPH Complexes, 26 Nov 01
SPECIAL CONTRACT REQUIREMENTS.
NOTES TO THE DESIGN DISTRICT
Special Contract Requirements are contained in Section 0800 of the RFP. Because the D-B RFP
includes design services and because the resulting contract includes the selected proposal, additional
Special Contract Requirements (SCR's) have been developed to add to the usual set of SCR's used in
design/bid/build competitively bid (IFB) construction solicitations.
The SCR's, listed below, have been specifically developed to define the non-traditional roles and
responsibilities of the various parties in the D-B contract.
Suggested SCR's to be Included in Section 0800 of the D/B Contract:
Design Build Contract-Order of Precedence
Proposed Betterments (Optional)
Key Personnel, Subcontractors, and Outside Associates or Consultants)
Responsibility of the Contractor for Design
Warranty of Construction Work
Sequence of Design/Construction (Can Alternately be Included in Section 01012)
Sequence of Design/Construction (Fast Track)- (Can Alternately be Included in Section 01012)
Constructor's Role During Design (Can alternately be included in Section 011012)
Recommended Insurance Coverage (Optional)
Training (Can be included in a Technical Section)
Design Conferences (Can Alternately be Included in Section 01012)
Value Engineering After Award
Partnering (Highly Recommended)
DESIGN-BUILD CONTRACT-ORDER OF PRECEDENCE:
This SCR defines what constitutes the Contract, the order of precedence in the event of inconsistencies
and further states that the design documents produced after award are "deliverables", not formally part of
the contract, themselves.
It is essential that this SCR be included in the D-B contract. DO NOT USE the standard clause "ORDER
OF PRECEDENCE-UNIFORM CONTRACT FORMAT" (FAR 52.215-8). This Clause is intended for use
in service and supply contracts, using the Uniform Contract Format. The standard clause puts the order
of precedence of the proposal above the Section "C", scope of work (SOW), in the event of
inconsistencies or conflicts between the two. The SOW in the UCF format is usually more general in
nature than the design and construction criteria in a D-B construction contract.
In design-build construction, we use the opposite philosophy. The RFP is the minimum standard, except
where the Offeror's best value proposal exceeds the minimum RFP requirements. Then, the "betterment"
in the proposal becomes the new minimum standard. In a case where the proposal deviates from the
RFP minimum, the RFP governs.
This benefit to the Government comes at a price. The Government has an inherent legal duty to carefully
read and evaluate the proposal for minimum RFP compliance prior to selection and award. Your RFP
Section 00110, "PROPOSAL SUBMISSION REQUIREMENTS", should warn offerors not to deviate from
the RFP requirements in their proposals. Your description of the basis of award in RFP Section 00120,
"PROPOSAL EVALUATION CRITERIA" should state the requirement for successful proposal to be in
conformance with the RFP requirements. Proposal deviations and deficiencies must be resolved prior to
final proposal submission and award. If a proposal deviates from the RFP but is considered a good idea
or approach, the Government must amend the solicitation to allow the feature. This keeps all offerors on
a level playing field.
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