9000-0064_2008-Justification

SUPPORTING STATEMENT
FOR PAPERWORK REDUCTION ACT SUBMISSION
9000-0064, ORGANIZATION AND DIRECTION OF WORK
A.

Justification.

1. Administrative requirements. When the Government awards
a cost-reimbursement construction contract, the contractor
must submit to the contracting officer and keep current a
chart showing the general executive and administrative
organization, the personnel to be employed in connection
with the work under the contract, and their respective
duties. The chart is used in administration of the contract
and as an aid in determining cost.
2. Uses of information. The chart is used by contract
administration personnel to assure the work is being
properly accomplished at reasonable prices.
3. Consideration of information technology. We use
improved information technology to the maximum extent
practicable. Where both the Government agency and
contractors are capable of electronic interchange, the
contractors may submit this information collection
requirement electronically.
4. Efforts to identify duplication. This requirement is
being issued under the Federal Acquisition Regulation (FAR)
which has been developed to standardize Federal procurement
practices and eliminate unnecessary duplication.
5. If the collection of information impacts small
businesses or other entities, describe methods used to
minimize burden. The burden applied to small businesses is
the minimum consistent with applicable laws, executive
orders, regulations, and prudent business practices.
6. Describe consequence to Federal program or policy
activities if the collection is not conducted or is
conducted less frequently. Collection of information on a
basis other than solicitation-by-solicitation is not
practical.
7. Special circumstances for collection. Collection is
consistent with guidelines in 5 CFR 1320.6.
8. Efforts to consult with persons outside the agency.
Under the procedures established for development of the FAR,
agency and public comments were solicited and each comment
addressed before finalization of the text. A notice in the
July 9, 2008, Federal Register made this requirement
available to the public and requested comments. No major
problems regarding this requirement were reported.

2008 Justification

9. Explanation of any decision to provide any payment or
gift to respondents, other than reenumeration of contractors
or guarantees. Not applicable.
10. Describe assurance of confidentiality provided to
respondents. This information is disclosed only to the
extent consistent with prudent business practices and
current regulations.
11. Additional justification for questions of a sensitive
nature. No sensitive questions are involved.
12 & 13. Estimated total annual public hour and cost
burden. Time required to read and prepare information is
estimated at .75 hours per completion.
Estimated respondents/yr .............................
Responses annually ...................................
Total annual responses ...............................
Estimated hrs/responses ..............................
Estimated total burden/hrs ...........................
Cost per hour ........................................
Benefits and overhead ................................
Estimated cost to public .............................

50
x 1
50
x .75
38
$20
+75%
$1,330

14. Estimated cost to the Government. Time required for
Governmentwide review is estimated at 30 minutes per
response.
Annual Reporting Burden and Cost
Reviewing time .......................................
Responses/yr .........................................
Review time/yr .......................................
Average wages/hr .....................................
Average wages/yr .....................................
Benefits and overhead ................................
Total Government cost ................................

.5
x 50
25
x $16
$400
+ 100%
$800

15. Explain reasons for program changes or adjustments
reported in Item 13 or 14. This submission requests an
extension of OMB approval of an information collection
requirement in the Federal Acquisition Regulation (FAR).
The FAR requirement remains the same.
16. Outline plans for published results of information
collections. Results will not be tabulated or published.
17. Approval not to display expiration date.
applicable.

2

Not

2008 Justification

18. Explanation of exception to certification statement.
Not applicable.
B.

Collections of Information Employing Statistical
Methods.

Statistical methods are not used in this information
collection.

3

2008 Justification

SUBPART 36.5—CONTRACT CLAUSES
clauses covering other management approaches for ensuring
that a contractor makes adequate progress.
36.516 Quantity surveys.
The contracting officer may insert the clause at 52.236-16,
Quantity Surveys, in solicitations and contracts when a fixedprice construction contract providing for unit pricing of items
and for payment based on quantity surveys is contemplated.
If it is determined at a level above that of the contracting
officer that it is impracticable for Government personnel to
perform the original and final surveys, and the Government
wishes the contractor to perform these surveys, the clause
shall be used with its Alternate.
36.517 Layout of work.
The contracting officer shall insert the clause at 52.236-17,
Layout of Work, in solicitations and contracts when a fixedprice construction contract is contemplated and use of this
clause is appropriate due to a need for accurate work layout
and for siting verification during work performance.
36.518 Work oversight in cost-reimbursement
construction contracts.
The contracting officer shall insert the clause at 52.236-18,
Work Oversight in Cost-Reimbursement Construction Contracts, in solicitations and contracts when a cost-reimbursement construction contract is contemplated.
36.519 Organization and direction of the work.
The contracting officer shall insert the clause at 52.236-19,
Organization and Direction of the Work, in solicitations and
contracts when a cost-reimbursement construction contract is
contemplated.
36.520 Contracting by negotiation.
The contracting officer shall insert in solicitations for construction the provision at 52.236-28, Preparation of Offers—
Construction, when contracting by negotiation.

36.523
36.521 Specifications and drawings for construction.
The contracting officer shall insert the clause at 52.236-21,
Specifications and Drawings for Construction, in solicitations
and contracts when a fixed-price construction contract or a
fixed-price dismantling, demolition, or removal of improvements contract is contemplated and the contract amount is
expected to exceed the simplified acquisition threshold. The
contracting officer may insert the clause in solicitations and
contracts when a fixed-price construction or a fixed-price contract for dismantling, demolition, or removal of improvements
is contemplated and the contract amount is expected to be at
or below the simplified acquisition threshold. When the Government needs record drawings, the contracting officer
shall—
(a) Use the clause with its Alternate I, if reproducible shop
drawings are needed; or
(b) Use the clause with its Alternate II, if reproducible shop
drawings are not needed.
36.522 Preconstruction conference.
If the contracting officer determines it may be desirable to
hold a preconstruction conference, the contracting officer
shall insert a clause substantially the same as the clause at
52.236-26, Preconstruction Conference, in solicitations and
fixed price contracts for construction or for dismantling, demolition or removal of improvements.
36.523 Site visit.
The contracting officer shall insert a provision substantially the same as the provision at 52.236-27, Site Visit (Construction), in solicitations which include the clauses at
52.236-2, Differing Site Conditions, and 52.236-3, Site Investigations and Conditions Affecting the Work. Alternate I may
be used when an organized site visit will be conducted.

36.5-3

52.236-18

FEDERAL ACQUISITION REGULATION

tion with the layout. The Contractor shall furnish, at its own
expense, all stakes, templates, platforms, equipment, tools,
materials, and labor required to lay out any part of the work.
The Contractor shall be responsible for executing the work to
the lines and grades that may be established or indicated by the
Contracting Officer. The Contractor shall also be responsible
for maintaining and preserving all stakes and other marks
established by the Contracting Officer until authorized to
remove them. If such marks are destroyed by the Contractor
or through its negligence before their removal is authorized,
the Contracting Officer may replace them and deduct the
expense of the replacement from any amounts due or to
become due to the Contractor.
(End of clause)
52.236-18 Work Oversight in Cost-Reimbursement
Construction Contracts.
As prescribed in 36.518, insert the following clause in
solicitations and contracts when cost-reimbursement construction contracts are contemplated:
WORK OVERSIGHT IN COST-REIMBURSEMENT
CONSTRUCTION CONTRACTS (APR 1984)
The extent and character of the work to be done by the Contractor shall be subject to the general supervision, direction,
control, and approval of the Contracting Officer.
(End of clause)
52.236-19 Organization and Direction of the Work.
As prescribed in 36.519, insert the following clause in
solicitations and contracts when a cost-reimbursement construction contract is contemplated:
ORGANIZATION AND DIRECTION OF THE WORK
(APR 1984)
(a) When this contract is executed, the Contractor shall
submit to the Contracting Officer a chart showing the general
executive and administrative organization, the personnel to be
employed in connection with the work under this contract, and
their respective duties. The Contractor shall keep the data furnished current by supplementing it as additional information
becomes available.
(b) Work performance under this contract shall be under
the full-time resident direction of (1) the Contractor, if the
Contractor is an individual; (2) one or more principal partners,
if the Contractor is a partnership; or (3) one or more senior
officers, if Contractor is a corporation, association, or similar
legal entity. However, if the Contracting Officer approves, the
Contractor may be represented in the direction of the work by
a specific person or persons holding positions other than those
identified in this paragraph.
(End of clause)
52.2-244

52.236-20 [Reserved]
52.236-21 Specifications and Drawings for Construction.
As prescribed in 36.521, insert the following clause:
SPECIFICATIONS AND DRAWINGS FOR CONSTRUCTION
(FEB 1997)
(a) The Contractor shall keep on the work site a copy of the
drawings and specifications and shall at all times give the
Contracting Officer access thereto. Anything mentioned in the
specifications and not shown on the drawings, or shown on the
drawings and not mentioned in the specifications, shall be of
like effect as if shown or mentioned in both. In case of difference between drawings and specifications, the specifications
shall govern. In case of discrepancy in the figures, in the drawings, or in the specifications, the matter shall be promptly submitted to the Contracting Officer, who shall promptly make a
determination in writing. Any adjustment by the Contractor
without such a determination shall be at its own risk and
expense. The Contracting Officer shall furnish from time to
time such detailed drawings and other information as considered necessary, unless otherwise provided.
(b) Wherever in the specifications or upon the drawings the
words “directed,” “required,” “ordered,” “designated,” “prescribed,” or words of like import are used, it shall be understood that the “direction,” “requirement,” “order,”
“designation,” or “prescription,” of the Contracting Officer is
intended and similarly the words “approved,” “acceptable,”
“satisfactory,” or words of like import shall mean “approved
by,” or “acceptable to,” or “satisfactory to” the Contracting
Officer, unless otherwise expressly stated.
(c) Where “as shown,” “as indicated,” “as detailed,” or
words of similar import are used, it shall be understood that
the reference is made to the drawings accompanying this contract unless stated otherwise. The word “provided” as used
herein shall be understood to mean “provide complete in
place,” that is “furnished and installed.”
(d) Shop drawings means drawings, submitted to the Government by the Contractor, subcontractor, or any lower tier
subcontractor pursuant to a construction contract, showing in
detail (1) the proposed fabrication and assembly of structural
elements, and (2) the installation (i.e., fit, and attachment
details) of materials or equipment. It includes drawings, diagrams, layouts, schematics, descriptive literature, illustrations, schedules, performance and test data, and similar
materials furnished by the contractor to explain in detail specific portions of the work required by the contract. The Government may duplicate, use, and disclose in any manner and
for any purpose shop drawings delivered under this contract.
(e) If this contract requires shop drawings, the Contractor
shall coordinate all such drawings, and review them for accuracy, completeness, and compliance with contract requirements and shall indicate its approval thereon as evidence of