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AFARS

AFARS

Change Number: 2024-0304
Effective Date: 03/04/2024

Subpart 5136.2 - Special Aspects of Contracting for Construction

Subpart 5136.2 - Special Aspects of Contracting for Construction

5136.201 Evaluation of contractor performance.

(1) See 5142.1503-90 for the requirements to prepare contractor past performance evaluations on construction contracts.

(2) At a minimum, prepare the report (DD Form 2626, Performance Evaluation (Construction)) at the final acceptance of work. The contracting officer’s representative, or ordering officer if there is no contracting officer’s representative, must be responsible for monitoring contract performance.

5136.2-90 Special procedures for job order contracts.

Before awarding a job order contract, contracting officers must review all performance evaluations in the Contractor Performance Assessment Rating System on those offerors in range for award. Contracting officers may rely solely on the Contractor Performance Assessment Rating System database information in assessing past performance.

5136.208 Concurrent performance of firm-fixed-price and other types of construction contracts.

The head of the contracting activity may approve contracts with cost variation or cost adjustment features as described at FAR 36.208. See Appendix GG for further delegation.

5136.209 Construction contracts with architect-engineer firms.

Subject to the resolution of organizational conflict of interest concerns, the Assistant Secretary of the Army (Acquisition, Logistics and Technology) may approve award of a construction contract to the firm that designed the project. See Appendix GG for further delegation.

5136.213 Special procedures for sealed bidding in construction contracting.

5136.213-2 Presolicitation notices.

(a) The head of the contracting activity may waive the requirement as stated in FAR 36.213-2(a). See Appendix GG for further delegation.

5136.270 Expediting construction contracts.

The Secretary of the Army shall make the approval set forth in DFARS 236.270. This approval authority may not be redelegated.

5136.272 Prequalification of sources.

(b) The head of the contracting activity must perform the functions at DFARS 236.272(b). See Appendix GG for further delegation.