**PART 1836**

**CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS**

# TABLE OF CONTENTS

**SUBPART
[1836.2](#subpart-1836.2--special-aspects-of-contracting-for-construction)
SPECIAL ASPECTS OF CONTRACTING FOR**

**CONSTRUCTION**

1836.203 Government estimate of construction costs.

1836.209 Construction contracts with architect-engineer firms.

1836.213 Special procedures for sealed bidding in construction
contracting.

1836.213-3 Invitations for bids.

1836.213-370 Additive and deductive items.

1836.213-4 Notice of Award.

**SUBPART [1836.5](#OLE_LINK5) CONTRACT CLAUSES**

1836.513 Accident prevention.

1836.570 NASA solicitation provisions and contract clause.

**SUBPART [1836.6](#OLE_LINK6) ARCHITECT-ENGINEER SERVICES**

1836.602 Selection of firms for architect-engineer contracts.

1836.602-1 Selection criteria.

1836.602-2 Evaluation boards.

1836.602-4 Selection authority.

1836.602-5 Short selection process for contracts not to exceed the
simplified

acquisition threshold.

1836.602-70 Selection of architect-engineer for master planning.

1836.603 Collecting data on and appraising firms\' qualifications.

1836.605 Government cost estimate for architect-engineer work.

> **SUBPART [1836.7](#OLE_LINK7) STANDARD AND OPTIONAL FORMS FOR**
>
> **CONTRACTING FOR CONSTRUCTION, ARCHITECT-**
>
> **ENGINEER SERVICES, AND DISMANTLING,**
>
> **DEMOLITION, OR REMOVAL OF IMPROVEMENTS**

1836.702 Forms for use in contracting for architect-engineer services.

**SUBPART [1836.70](#OLE_LINK70) PARTNERING**

1836.7001 Definition.

1836.7002 General.

1836.7003 Policy.

1836.7004 NASA solicitation provision and contract clause.

**PART 1836**

**CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS**

## Subpart 1836.2\--Special Aspects of Contracting for Construction

**1836.203** **Government** **estimate** **of** **construction**
**costs.**

(c)**(i)** If the acquisition is by sealed bidding, the contracting
officer shall file a sealed copy of the detailed Government estimate
with the bids until bid opening. After the bids are read and recorded,
the contracting officer shall read the estimate, and record it in the
same detail as the bids.

**(ii)** If the acquisition is by negotiation, the contracting officer
may disclose the overall amount of the Government estimate after award
upon request of offerors.

**1836.209** **Construction** **contracts** **with**
**architect-engineer** **firms.**

**(1)** Except as indicated in paragraph (2) of this section, the
Assistant Administrator for Procurement (Code HS) is the approval
authority.

**(2)** A construction contract may be awarded to the firm that designed
the project (or its subsidiaries or affiliates) if the contract is
awarded on the basis of performance specifications for the construction
of a facility, and it requires the contractor to furnish construction
drawings, specifications, or site adaptation drawings of the facility.

**(3)** In no case shall the firm that prepared the drawings and
specifications supervise and inspect, on behalf of the Government, the
construction of the facility involved.

**1836.213 Special procedures for sealed bidding in construction
contracting.**

**1836.213-3**  **Invitations** **for** **bids.**

**1836.213-370  Additive and deductive** **items.**

When it appears that funds available for a project may be insufficient
for all the desired features of construction, the contracting officer
may provide in the invitation for bids for a first or base bid item
covering the work generally as specified and one or more additive or
deductive bid items progressively adding or omitting specified features
of the work in a stated order of priority. In such case, the contracting
officer, before the opening of bids, shall record in the contract file
the amount of funds available for the project and determine the low
bidder and the items to be awarded in accordance with the provision at
[**1852.236-71**](http://www.hq.nasa.gov/office/procurement/regs/5228-41.htm#1852.236-71),
Additive or Deductive Items.

**1836.213-4 Notice of Award.**

\(e\) Contract delivery or performance schedules, commencement of work,
or notices to proceed shall not be expressed in terms of a notice of
award. (See
[**1814.408-1**](http://www.hq.nasa.gov/office/procurement/regs/1814.htm#1814.408).)

**Subpart** []{#OLE_LINK5 .anchor}**1836.5\--Contract Clauses**

**1836.513 Accident prevention.**

The contracting officer must insert the clause at 1852.223-70, Safety
and Health, in lieu of FAR clause
[**52.236-13**](http://www.arnet.gov/far/current/html/52_233_240.html#1046607),
Accident Prevention, and its Alternate I.

**1836.570  NASA solicitation provisions and contract clause.**

\(a\) The contracting officer shall insert the provision at
[**1852.236-71**](http://www.hq.nasa.gov/office/procurement/regs/5228-41.htm#1852.236-71),
Additive or Deductive Items, in invitations for bids for construction
when it is desired to add or deduct bid items to meet available funding.

\(b\) The contracting officer shall insert the provision at
[**1852.236-72**](http://www.hq.nasa.gov/office/procurement/regs/5228-41.htm#1852.236-72),
Bids with Unit Prices, in invitations for bids for construction when the
invitation contemplates unit prices of items.

\(c\) The contracting officer shall insert the clause at
[**1852.236-73**](http://www.hq.nasa.gov/office/procurement/regs/5228-41.htm#1852.236-73),
Hurricane Plan, in solicitations and contracts for construction at sites
that experience hurricanes.

\(d\) The contracting officer shall insert the provision at
[**1852.236-74**](http://www.hq.nasa.gov/office/procurement/regs/5228-41.htm#1852.236-74),
Magnitude of Requirement, in solicitations for construction. Insert the
appropriate estimated dollar range in accordance with [**FAR
36.204**](http://www.arnet.gov/far/current/html/Subpart_36_2.html#1081844).

**Subpart** []{#OLE_LINK6 .anchor}**1836.6\--Architect-Engineer
Services**

**1836.602** **Selection** **of** **firms** **for**
**architect-engineer** **contracts.**

**1836.602-1**  **Selection** **criteria.**

(a)(2) The evaluation of specialized experience and technical competence
shall be limited to the immediately preceding ten years.

(a)(4) The evaluation of past performance shall be limited to the
immediately preceding ten years.

(a)(6) The architect-engineer selection board may also establish
evaluation criteria regarding the volume of work previously awarded to
the firm by NASA, with the object of effecting an equitable distribution
of contracts among qualified architect-engineer firms, including
minority-owned firms and firms that have not had prior NASA contracts.

**1836.602-2** **Evaluation** **boards.**

\(a\) Installations shall establish an architect-engineer selection
board to be composed of the selection authority and at least three
voting members. Membership shall at least include: one currently
registered architect or professional engineer, who shall serve as the
board chairperson; an official from the requiring office; if
appropriate, a technical official familiar with any unique subject
matter critical to the requirement; and a procurement official (a
contracting officer, if feasible) as an ad hoc advisor to the board.
Where appropriate, the procurement official may serve as a voting
member. Non-Government employees shall not be appointed as voting
members.

**1836.602-4**  **Selection** **authority.**

\(a\) The selection authority shall be appointed in accordance with
installation procedures.

**1836.602-5** **Short** **selection** **process** **for** **contracts**
**not** **to** **exceed** **the simplified acquisition threshold.**

The procedures at [**FAR 36.602-5(a) or
(b)**](http://www.arnet.gov/far/current/html/Subpart_36_6.html#1046837)
may be used at the discretion of the selection authority.

**1836.602-70** **Selection** **of** **architect-engineer** **for**
**master** **planning.**

\(a\) **Definition of master plan*.*** A master plan is an integrated
series of documents presenting in graphic, narrative, and tabular form
the present composition of the installation and the plan for its orderly
and comprehensive development to perform its various missions in the
most efficient and economical manner.

\(b\) **Selection.**

\(1\) Selection of an architect-engineer for the development of a master
plan in connection with the establishment of a new NASA activity or
installation shall be made by the Associate Administrator having
institutional responsibility. The report of the architect-engineer
selection board will be concurred in at NASA Headquarters by the
Assistant Administrator for Management Systems, the Assistant
Administrator for Procurement, the Chief Financial Officer, and the
General Counsel.

\(2\) The Assistant Administrator for Management Systems shall be
responsible for the architect-engineer selection board report required
by [**FAR
36.602-3(d)**](http://www.arnet.gov/far/current/html/Subpart_36_6.html#1046826)
before presentation to the Associate Administrator having institutional
responsibility.

**1836.603** **Collecting** **data** **on** **and** **appraising**
**firms\'** **qualifications.**

The architect-engineer selection boards (see 1836.602-2) are designated
as NASA\'s evaluation boards for the purposes of [**FAR
36.603**](http://www.arnet.gov/far/current/html/Subpart_36_6.html#1046844).

**1836.605 Government cost estimate for architect-engineer work.**

\(b\) The contracting officer may disclose the overall amount of the
Government estimate after award upon request of offerors.

**Subpart** []{#OLE_LINK7 .anchor}**1836.7\--Standard and Optional Forms
for Contracting for Construction, Architect-Engineer Services, and
Dismantling, Demolition, or Removal of Improvements**

**1836.702** **Forms** **for** **use** **in** **contracting** **for
architect-engineer** **services.**

(a)**(i)** Instructions for completing Standard Form 252,
Architect-Engineer Contract, are as follows:

**(A) *Block 5 - Project Title and Location.*** Include a short
description of the construction project and the estimated cost of
constructing the facilities for the project. If the space provided is
insufficient, include a more detailed description in the contract\'s
specification/work statement and identify the location of the more
detailed description in Block 10.

**(B) *Block 6 - Contract For (General description of services to be
provided).*** Include a brief description of the services and state that
they are fully set out in the specification/work statement. Clearly
specify the date by which design services must be completed. If
supervision and inspection services during construction are to be
acquired, clearly specify the date by which they must be completed and
add a statement that the Government may extend the period for their
performance as provided in the Changes clause of the contract.

**(C) *Block 7 - Contract Amount.*** If the contract is for both design
and supervision and inspection services, set out the amounts for each
effort separately.

**(ii)** The services to be furnished by an architect-engineer should be
carefully defined during negotiation of the contract and a statement of
them inserted in the contract\'s specification/work statement. The
statement should clearly and concisely set forth the nature and extent
of the services and include any special services, such as the nature and
extent of subsurface exploration prior to designing foundations. A
similar statement of supervision and inspection services should be
inserted in the specification/work statement if supervision and
inspection services are to be acquired.

**Subpart** []{#OLE_LINK70
.anchor}**1836.70\--[Partnering](http://www.hq.nasa.gov/office/codej/codejx/codejx.html)**

**1836.7001 Definition.**

**\"Partnering\"** means a relationship of open communication and close
cooperation that involves both Government and Contractor personnel
working together for the purpose of establishing a mutually beneficial,
proactive, cooperative environment within which to achieve contract
objectives and resolve issues and implementing actions as required.

**1836.7002 General.**

\(a\) The establishment of a partnering environment usually leads to
higher quality products completed more quickly at lower overall costs
and with fewer accidents and litigation.

\(b\) The use of partnering is encouraged as it has been shown to reduce
the average contract cost and schedule growth and to reduce contract
claims and litigation.

\(c\) Partnering is a voluntary contract relationship within the
management process that is not to be used to unofficially alter terms of
the contract.

**1836.7003 Policy.**

\(a\) Partnering should be used on a contract when the contracting
officer, in coordination with the project manager, determines that the
benefits to be achieved from its use are expected to be greater than the
costs.

\(b\) In determining whether the benefits of partnering are greater than
the costs, the following factors should be considered:

\(1\) The estimated dollar value of the contract;

\(2\) The complexity of the work to be performed;

\(3\) The contemplated length of the contract; and

\(4\) The estimated costs to be incurred in conducting the partnership
development and team building initial and follow-up workshops.

**1836.7004 NASA solicitation provision and contract clause.**

The contracting officer may insert a clause substantially the same as
stated at
[**1852.236-75**](http://www.hq.nasa.gov/office/procurement/regs/5228-41.htm),
Partnering for Construction Contracts, in solicitations and contracts
for construction, when it has been determined that the benefits to be
derived from partnering exceed the costs.