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FAC Exam prep by FAR parts 31-53 > FAR part 36 Deck 1 (Construction and Architect Engineer Contracts) > Flashcards

FAR part 36 Deck 1 (Construction and Architect Engineer Contracts) Flashcards

DISCLAIMER: This deck was created using Brainscape's AI Software by feeding it small chunks of the FAR itself. It is NOT from any quiz, test or other source. If you find an error while studying contact the creator to fix it. (97 cards)

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1
Q

What is the scope of Part 36?

A

Policies and procedures peculiar to contracting for construction and architect-engineer services

Includes requirements for using certain clauses and standard forms that also apply to contracts for dismantling, demolition, or removal of improvements.

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2
Q

Define ‘Construction and demolition materials and debris’.

A

Waste materials and debris generated during construction, renovation, demolition, or dismantling of all structures and buildings and associated infrastructure.

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3
Q

What does ‘Diverting’ mean?

A

Redirecting materials from disposal in landfills or incinerators to recycling or recovery, excluding diversion to waste-to-energy facilities.

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4
Q

What is a ‘Modernization project’?

A

A project that includes the comprehensive replacement or restoration of virtually all major systems, interior finishes, and building features.

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5
Q

What is the applicability of construction and architect-engineer contracts?

A

Subject to the requirements in other parts of this regulation; this part takes precedence if inconsistent with other parts.

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6
Q

What does the term ‘Contract’ refer to in this context?

A

A contract for construction or a contract for architect-engineer services.

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7
Q

Define ‘Design’ in the context of construction contracts.

A

Defining the construction requirement, producing technical specifications and drawings, and preparing the construction cost estimate.

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8
Q

What is the ‘Design-bid-build’ method?

A

The traditional delivery method where design and construction are sequential and contracted for separately with two contracts and two contractors.

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9
Q

Explain ‘Design-build’.

A

Combining design and construction in a single contract with one contractor.

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10
Q

What are ‘Plans and specifications’?

A

Drawings, specifications, and other data for and preliminary to the construction.

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11
Q

What are ‘Record drawings’?

A

Drawings submitted by a contractor or subcontractor to show the construction of a particular structure or work as completed under the contract.

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12
Q

What is the ‘Two-phase design-build selection procedures’?

A

A selection method where a limited number of offerors are selected during Phase One to submit detailed proposals for Phase Two.

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13
Q

What methods of contracting should be used for construction contracts?

A

Sealed bid procedures unless performed outside the U.S. and architect-engineer services acquired by negotiation.

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14
Q

What is the policy regarding acquisition procedures for public buildings?

A

Use two-phase selection procedures or other authorized acquisition procedures when appropriate.

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15
Q

What is required for new construction and modernization projects over 25,000 gross square feet?

A

Designed, constructed, and maintained to meet or exceed Federal sustainable design and operations principles.

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16
Q

When is a project labor agreement required?

A

For Federal construction projects with a total estimated construction cost at or above $35 million, unless an exception applies.

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17
Q

What is evaluated in contractor performance?

A

Past performance evaluations for construction contracts.

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18
Q

What is the requirement for construction specifications?

A

Shall conform to part 11 of this regulation and refer to widely recognized standards whenever possible.

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19
Q

What is the independent Government estimate of construction costs?

A

Prepared and furnished to the contracting officer for each proposed contract and contract modification exceeding the simplified acquisition threshold.

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20
Q

What must advance notices and solicitations disclose?

A

The magnitude of the requirement in terms of physical characteristics and estimated price range without disclosing the Government’s estimate.

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21
Q

What are the statutory cost limitations for construction contracts?

A

Contracts shall not be awarded at a cost to the Government in excess of statutory cost limitations unless waived.

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22
Q

What are ‘Liquidated damages’?

A

Evaluated need for liquidated damages in a construction contract.

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23
Q

How are firm-fixed-price contracts typically priced?

A

On a lump-sum basis, unit-price basis, or a combination of both.

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24
Q

What must be included in solicitations with statutory cost limitations?

A

Applicable cost limitation for each affected item in a separate schedule.

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25
What is lump-sum pricing?
A pricing method where a single price is paid for a specified quantity of work units ## Footnote Lump-sum pricing is preferred except in certain conditions outlined in the regulations.
26
When should lump-sum pricing be used?
When: * Large quantities of work are involved * Quantities cannot be estimated with confidence * Estimated quantities may change significantly * Unusual effort is required to develop estimates ## Footnote These conditions highlight scenarios where lump-sum pricing may not be feasible.
27
What are fixed-price contracts with economic price adjustment?
Contracts that include provisions for price adjustments based on economic factors ## Footnote Such provisions are used when omission would hinder competition or lead to unwarranted contingencies.
28
What types of contracts cannot be performed concurrently at the same work site?
Cost-plus-fixed-fee, price-incentive, or other contracts with cost variation features ## Footnote This restriction is to avoid potential labor and administrative problems.
29
Can a contract be awarded to the firm that designed the project?
No, unless approved by the head of the agency or authorized representative ## Footnote This rule prevents conflicts of interest in construction contracts.
30
What should the contracting officer arrange for prospective offerors?
Opportunities to inspect the work site and examine relevant data ## Footnote This includes making significant site information available to all offerors.
31
What is the purpose of advance notices and solicitations?
To reach as many prospective offerors as practicable ## Footnote This helps stimulate interest in upcoming construction opportunities.
32
What information must presolicitation notices include?
Details such as: * Description of proposed work * Location of work * Tentative dates for invitation and bid openings * Inspection locations * Small business restrictions * Charges for solicitation documents ## Footnote These details ensure bidders are well-informed before bidding.
33
What is required in invitations for bids?
Sufficient time for bid preparation and compliance with prescribed forms ## Footnote This ensures bidders can adequately prepare their submissions.
34
What must a notice of award contain?
Information including: * Identification of invitation and contractor's bid * Award price * Requirements for payment and performance bonds * Commencement date of work ## Footnote This formalizes the contract and sets expectations for the contractor.
35
What are the two phases of the design-build selection procedures?
Phase One includes evaluation of technical qualifications and Phase Two involves submission of detailed proposals ## Footnote This process allows for better selection of qualified contractors.
36
What criteria are considered for using two-phase design-build selection procedures?
Criteria include: * Anticipation of three or more offers * Need for design work before price proposals * Project requirements clearly defined * Time constraints for delivery * Contractor capability and experience ## Footnote These criteria ensure the method is suitable for the project.
37
What is the maximum number of offerors that can be selected for Phase Two?
Not to exceed five, unless a greater number is justified ## Footnote The justification must be documented and approved for acquisitions over $4.5 million.
38
What is the purpose of documenting the approval in the contract file?
To ensure transparency and accountability in the contracting process.
39
What is the maximum number of offerors that can be selected after phase-one proposals evaluation?
Not to exceed the maximum number specified in the solicitation.
40
What must phase-two proposals include according to part 15?
Technical and price proposals which shall be evaluated separately.
41
What are examples of potential phase-two technical evaluation factors?
* Design concepts * Management approach * Key personnel * Proposed technical solutions
42
What does subpart 36.500 prescribe?
Provisions and clauses for insertion in solicitations and contracts for construction and dismantling, demolition, or removal of improvements.
43
What is the minimum percentage of work a contractor must perform with its own forces?
Ordinarily not less than 12 percent.
44
What clause must be inserted in solicitations when a fixed-price construction contract exceeds $1.5 million?
The clause at 52.236-1, Performance of Work by the Contractor. | xxxx study this!
45
When should the clause for Differing Site Conditions be inserted?
When a fixed-price construction contract is expected to exceed the simplified acquisition threshold.
46
What clause addresses site investigation and conditions affecting the work?
The clause at 52.236-3.
47
What is required when physical data will be furnished to offerors?
The clause at 52.236-4, Physical Data, must be inserted.
48
What does the clause at 52.236-5 cover?
Material and workmanship for construction contracts.
49
What is the purpose of the clause at 52.236-6?
To ensure superintendence by the contractor in fixed-price construction contracts.
50
Which clause addresses permits and responsibilities?
The clause at 52.236-7.
51
What clause must be included to protect existing vegetation and structures?
The clause at 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements.
52
When is the clause at 52.236-10 for Operations and Storage Areas required?
When a fixed-price construction contract is expected to exceed the simplified acquisition threshold.
53
What does the clause at 52.236-11 address?
Use and possession prior to completion of the construction contract.
54
What is the purpose of the clause at 52.236-13?
To ensure accident prevention in construction contracts.
55
When should the clause at 52.236-14 be inserted?
When a fixed-price construction contract is performed on Government sites.
56
What is the purpose of the clause at 52.236-15?
To establish schedules for construction contracts.
57
What does the clause at 52.236-16 cover?
Quantity surveys for fixed-price construction contracts.
58
What is the purpose of the clause at 52.236-17?
To ensure accurate layout of work in construction contracts.
59
What does the clause at 52.236-18 address?
Work oversight in cost-reimbursement construction contracts.
60
What is required when contracting by negotiation for construction?
The provision at 52.236-28, Preparation of Offers-Construction.
61
What clause must be inserted when specifications and drawings for construction are needed?
The clause at 52.236-21.
62
What is the purpose of a preconstruction conference?
To discuss project details and expectations before construction begins.
63
What does the provision at 52.236-27 address?
Site visits during construction.
64
What is the scope of subpart 36.600?
Policies and procedures applicable to the acquisition of architect-engineer services.
65
What is required for public announcement of architect-engineer services?
All requirements must be publicly announced.
66
What constitutes a competitive procedure for acquiring architect-engineer services?
Acquisition according to the procedures in subpart 36.601.
67
What must be specified in the construction design specifications?
Use of maximum practicable amount of recovered materials.
68
What is required for architect-engineer services according to 36.601-4?
Performance or approval by a registered or licensed architect or engineer ## Footnote Includes professional services of an architectural or engineering nature as defined by applicable State law.
69
Which services do not require performance by a registered or licensed architect or engineer?
Incidental services specified in the definition of architect-engineer services ## Footnote Such services should be acquired pursuant to parts 13, 14, and 15.
70
What types of services are considered 'architect-engineer services'?
* Professional services of an architectural or engineering nature required by State law * Services associated with design or construction of real property * Studies, investigations, surveying, mapping, tests, evaluations, consultations, and related services * Professional surveying and mapping services ## Footnote These services must be performed by registered architects or engineers.
71
What is the role of contracting officers regarding architect-engineer services?
To award contracts to firms permitted by law to practice architecture or engineering ## Footnote This includes evaluation based on professional qualifications and experience.
72
What criteria are used to evaluate potential contractors for architect-engineer contracts?
* Professional qualifications * Specialized experience and technical competence * Capacity to accomplish the work in time * Past performance * Location and knowledge of the locality * Acceptability under other criteria ## Footnote Agencies may also evaluate conceptual designs if design competitions are approved.
73
True or False: No firm can be awarded an architect-engineer contract if any of its principals are on the evaluation board.
True ## Footnote This avoids conflicts of interest in the selection process.
74
What must an evaluation board do according to 36.602-3?
* Review current data files on eligible firms * Evaluate firms based on established criteria * Hold discussions with highly qualified firms * Prepare a selection report for the agency head ## Footnote The report must include discussions and evaluations conducted by the board.
75
Who makes the final selection of firms for architect-engineer contracts?
The agency head or designated selection authority ## Footnote They review recommendations and make the final selection in order of preference.
76
Fill in the blank: Agencies must maintain ________ to receive and maintain data on firms wishing to be considered for Government contracts.
offices or permanent evaluation boards ## Footnote These boards are responsible for specific geographical regions or types of construction.
77
What is the purpose of the Government cost estimate for architect-engineer work?
To prepare an independent estimate before contract negotiations ## Footnote This estimate should be based on detailed analysis of the required work.
78
What happens if negotiations with a selected firm fail?
The contracting officer initiates negotiations with the next firm on the final selection list ## Footnote This process continues until a satisfactory contract is negotiated.
79
What is the architect-engineer contractor liable for?
Professional quality, technical accuracy, and coordination of all services required under their contracts ## Footnote They may be liable for Government costs resulting from design errors or deficiencies.
80
What must the architect-engineer contractor do if construction costs exceed the funding limitation?
Redesign the project within the funding limitation at no additional cost ## Footnote Exceptions apply for unforeseen events beyond the firm's control.
81
What happens if the cost of proposed construction is affected by events beyond the firm’s reasonable control?
The firm shall not be obligated to redesign at no cost to the Government ## Footnote Examples include unforeseen increases in material costs or undue delays by the Government.
82
What must be placed in the contract file if the Government determines a firm should not redesign a project due to cost limitations?
A written statement of the reasons for that determination
83
How is the amount of construction funding limitation established?
During negotiations between the contractor and the Government
84
What factors should be considered in negotiating the estimated construction contract price?
* Statutory or other limitations * Exclusions for Government supervision and overhead * Amounts set aside for contingencies
85
When should the clause at 52.236-22, Design Within Funding Limitations, be inserted?
In fixed-price architect-engineer contracts except when specific exceptions apply
86
List the three exceptions when the clause at 52.236-22 may not be inserted.
* Cost limitations are secondary to performance considerations * Design is for a standard structure not intended for a specific location * There is little or no design effort involved
87
Under architect-engineer contracts, when are contractors required to make corrections at no cost to the Government?
When designs, drawings, specifications, or other items contain errors, deficiencies, or inadequacies
88
What clause must be inserted in fixed-price architect-engineer contracts regarding responsibility for design errors?
Clause at 52.236-23, Responsibility of the Architect-Engineer Contractor
89
Which clause must be inserted in all architect-engineer contracts for work oversight?
Clause at 52.236-24, Work Oversight in Architect-Engineer Contracts
90
When should the clause at 52.236-25, Requirements for Registration of Designers, be omitted?
When the design will be performed outside the United States or in a State without registration requirements
91
What does Subpart 36.7 address?
Requirements for the use of standard and optional forms for contracting for construction and architect-engineer services
92
What is Standard Form 1442 used for?
To solicit and submit offers for construction or dismantling contracts expected to exceed simplified acquisition thresholds
93
What is Optional Form 347 used for in relation to contracts?
For construction or dismantling contracts at or below the simplified acquisition threshold
94
What forms can contracting officers use to record offers submitted in response to sealed bid solicitations?
* Optional Form 1419, Abstract of Offers-Construction * Optional Form 1419A, Abstract of Offers-Construction, Continuation Sheet
95
What form must contracting officers use to award fixed-price contracts for architect-engineer services?
Standard Form 252, Architect-Engineer Contract
96
What is the purpose of the SF 330, Part I?
To obtain contract-specific qualifications from an architect-engineer firm
97
What information does the SF 330, Part II provide?
General professional qualifications of an architect-engineer firm

FAC Exam prep by FAR parts 31-53 (12 decks)

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