Sign In
  • Question

    DFARS 215.470(b) states that when data is required to be delivered in a contract to use a Contract Data Requirement Lists (CDRLs). Our construction process currently uses submittals in lieu of CDRLs in accordance with United Facilities Guide Specifications (UFGS). Is there any authority that allows the Government to use submittals instead of formal CDRLs?


    Answer

    Construction contracts are solicited and awarded IAW with FAR/DFARS Part 36
    and applicable other FAR/DFARS Parts. Clauses that are required by Part 36
    "shall" be included in the construction solicitation and contract. Material
    and articles (submittals) require contracting officer approval IAW FAR
    52.236-5. UFSG provides submittal procedures in support of FAR 52.236-5.
    Additionally:
    A data item or a construction submittal is a contractually required
    "deliverable". Any deliverable under the contract must have some contractual
    authority in order to require the contractor to comply. A typical
    contractual authority is a contract clause.
    FAR Part 36, Construction And Architect-Engineer Contracts, is the logical
    place to review in order to locate the authority for delivery of submittals.
    FAR 36.101, Applicability, is particularly important as it states that "Part
    36 shall take precedence " over other FAR Parts if there is a conflict such
    as DFARS 215.470.
    FAR 36.505 states that the contracting officer "shall" insert the clause at
    FAR 52.236-5, Material and Workmanship in contracts for construction.
    FAR 52.236-5(b) states, ...the Contractor shall also obtain the Contracting
    Officer's approval of the material or articles which the Contractor
    contemplates incorporating into the work."
    FAR 52.236-5 is the contractual authority for requiring delivery of
    "material or article" submittals under construction contracts.
    United Facilities Guide Specifications (UFGS) 01-33-00, Submittal
    Procedures, is a companion document that provides submittal details in support of FAR
    52.236-5. The UFGS is not a mandatory requirement of the FAR/DFARS and is
    referenced in neither.

    Minimum applicable FAR references:
    1)  DFARS 215.470 Estimated data prices.
    (a) DoD requires estimates of the prices of data in order to evaluate the
    cost to the Government of data items in terms of their management, product, or
    engineering value.
    (b) When data are required to be delivered under a contract, include DD Form
    1423, Contract Data Requirements List, in the solicitation. See PGI
    215.470(b) for guidance on the use of DD Form 1423.
    2)  FAR 36.101 -- Applicability.
    (a) Construction and architect-engineer contracts are subject to the
    requirements in other parts of this regulation, which shall be followed when
    applicable.
    (b) When a requirement in this part is inconsistent with a requirement in
    another part of this regulation, this Part 36 shall take precedence if the
    acquisition of construction or architect-engineer services is involved.
    3)  FAR 36.505 -- Material and Workmanship.
    The contracting officer shall insert the clause at 52.236-5, Material and
    Workmanship, in solicitations and contracts for construction contracts
    Material and Workmanship (Apr 1984)
    (a) All equipment, material, and articles incorporated into the work covered
    by this contract shall be new and of the most suitable grade for the purpose
    intended, unless otherwise specifically provided in this contract.
    References in the specifications to equipment, material, articles, or patented
    processes by trade name, make, or catalog number, shall be regarded as establishing a
    standard of quality and shall not be construed as limiting competition. The
    Contractor may, at its option, use any equipment, material, article, or
    process that, in the judgment of the Contracting Officer, is equal to that
    named in the specifications, unless otherwise specifically provided in this
    contract.
    (b) The Contractor shall obtain the Contracting Officer's approval of the
    machinery and mechanical and other equipment to be incorporated into the
    work.
    When requesting approval, the Contractor shall furnish to the Contracting
    Officer the name of the manufacturer, the model number, and other
    information concerning the performance, capacity, nature, and rating of the machinery
    and mechanical and other equipment. When required by this contract or by the
    Contracting Officer, the Contractor shall also obtain the Contracting
    Officer's approval of the material or articles which the Contractor contemplates
    incorporating into the work. When requesting approval, the Contractor shall
    provide full information concerning the material or articles. When directed
    to do so, the Contractor shall submit samples for approval at the Contractor's
    expense, with all shipping charges prepaid. Machinery, equipment, material,
    and articles that do not have the required approval shall be installed or
    used at the risk of subsequent rejection.
    (c) All work under this contract shall be performed in a skillful and
    workmanlike manner. The Contracting Officer may require, in writing, that
    the Contractor remove from the work any employee the Contracting Officer deems
    incompetent, careless, or otherwise objectionable.

    Open full Question Details