Project Name
Project No. ___________
UFC 4-721-11.1, UEPH Complexes, 26 Nov 01
The Government cannot simply rely on the language of the D-B Order of Precedence SCR to avoid
careful proposal evaluation. The intent of this clause is to establish an order of precedence in cases of
not so obvious conflict, discovered after award.
The SCR defines the design products as "deliverables" under the contract. With the Government's
concurrence, the Contractor may correct design errors and otherwise modify the design, as long as the
design still complies with the RFP and accepted proposal. Otherwise, every time a line on a drawing or
specification detail changes, a modification would be necessary. The Government can otherwise use
"configuration control procedures" in Section 01012 (Design After Award) for requests, approval and
tracking of non-contractual changes to the design documents.
SCR___
DESIGN-BUILD CONTRACT-ORDER OF PRECEDENCE - AUG 1997
(a) The contract includes the standard contract clauses and schedules current at the time of award. It
also entails: (1) the solicitation in its entirety, including all drawings, cuts and illustrations, and any
amendments during proposal evaluation and selection, and (2) the successful Offeror's accepted
proposal. The contract constitutes and defines the entire agreement between the Contractor and the
Government. No documentation shall be omitted which in any ways bears upon the terms of that
agreement.
(b) In the event of conflict or inconsistency between any of the provisions of the various portions of this
contract, precedence shall be given in the following order:
(1.) Betterments: Any portions of the Offeror's proposal which both meet and exceed the provisions of
the solicitation
(2.) The provisions of the solicitation. (See also Contract Clause: SPECIFICATIONS AND DRAWINGS
FOR CONSTRUCTION.)
(3.) All other provisions of the accepted proposal.
(4.) Any design products, including but not limited to plans, specifications, engineering studies and
analyses, shop drawings, equipment installation drawings, etc. These are "deliverables" under the
contract and are not part of the contract itself. Design products must conform to all provisions of the
contract, in the order of precedence herein.
(End of Clause)
PROPOSED BETTERMENTS (OPTIONAL)
This is an optional clause for organizations that wish to use a process to formally list features of the
proposal which are considered "betterments", as defined above. Some Districts feel that it is helpful in
administering the contract to highlight all betterments in one list. Note that the proposal independently is
part of the contract and that the list is merely administrative in nature. A Betterment, which may have
been overlooked in the formal list, is nonetheless a contract requirement. A carefully prepared list helps
bring betterments to the attention of contract administrators and design reviewers. However, it could also
discourage a careful reading of the proposal during contract performance.
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