ARCHITECT-ENGINEER CONTRACT
ARTICLE E
SPECIAL PROVISIONS
Page 11
UPDATED ~ OCTOBER 2006
(b)
Request for Proposal Documents
The Government will compensate the A/E for such phase of the work and in the amount stated as
outlined in article B-1, above ADVERTISING FOR AND SECURING DESIGN BUILD
PROPOSALS, on a monthly payment basis except as otherwise stated below. The amount due will
be determined by the A/E's submittal of an estimate of the amount and value of the work and
services performed. Payments shall be for the full amount due less any previous payments and will
be based upon the Contracting Officer's review and approval of the A/E's invoice. Invoices shall be
prepared and submitted in accordance with J-3, PROCEDURE FOR SUBMITTAL BY
ARCHITECT-ENGINEER OF INVOICE FOR PAYMENT.
(c)
Reduction of Payments
Should the A/E fail to meet the contractual design schedule or should he submit incomplete or
unsatisfactory review material the Contracting Officer shall omit or reduce the payments until the
deficiency has been remedied. The withholding of any amount and subsequent payment thereof to
the A/E shall not constitute a waiver of any rights accruing to the A/E or the Government under this
contract or at law.
(d)
Final Payment
Upon completion and acceptance of the work under this contract, delivery of all required documents
and delivery of an executed Release of Claims (Attachment II), the A/E will be paid the unpaid
balance.
(e)
Release of Claims (Attachment II)
Prior to the Final Payment under this contract or prior to settlement upon termination of the
contract, and as a condition precedent thereto, the A/E shall execute and deliver to the Contracting
Officer, a release of all claims against the Government arising under or by virtue of this contract,
other than such claims, if any, as may be specifically excepted by the A/E from the operation of the
release in stated amounts to be set forth therein.
(f)
Excessive Proposals
Should the Government elect not to award the Design Build Contract because the low proposal
exceeds the adjusted limiting cost, the last payment for Request for Proposal documents will be
withheld until the A/E has complied with the contractual requirements stated in FAR 52.236-22
(Design Within Funding Limitations) to design within the adjusted limiting construction cost to
make possible the award of a Design Build Contract, or is relieved of this requirement by the award
of a Design Build Contract, not withstanding the relation of the award price to the authorized
construction cost.
(g)
Design Build Contract Not Awarded
If the Government for reasons not related to the FAR 52.236-22 (Design Within Funding
Limitations) decides not to award the Design Build Contract, the total unpaid balance including the
amount retained from any monthly payments will be paid upon delivery to and acceptance by the
Government of the original RFP documents.
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