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?
Construction contracts are solicited and awarded IAW with FAR/DFARS Part 36
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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.
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
(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
(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
(b) The Contractor shall obtain the Contracting Officer's approval of the
machinery and mechanical and other equipment to be incorporated into the
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.