FAR 36.609-2—Redesign responsibility for design errors or deficiencies.
Plain-English Summary
FAR 36.609-2 addresses who bears the cost and responsibility when architect-engineer (A-E) contractors provide designs, drawings, specifications, or other services that contain errors, deficiencies, or inadequacies. It requires the contractor to make necessary corrections at no cost to the Government when such problems are found, and it also requires the contracting officer to document the reasons in the contract file if the Government decides not to require correction in a particular case. The section further directs the contracting officer to include the clause at 52.236-23, Responsibility of the Architect-Engineer Contractor, in fixed-price A-E contracts. In practice, this rule protects the Government from paying twice for defective design work, reinforces professional accountability in A-E services, and creates a clear record when the Government chooses not to pursue correction. It is especially important because design errors can lead to construction delays, change orders, safety issues, and increased lifecycle costs if not addressed promptly and documented properly.
Key Rules
Correct design errors at no cost
Under A-E contracts, the contractor must make necessary corrections when its designs, drawings, specifications, or other furnished items or services contain errors, deficiencies, or inadequacies. The correction must be performed without additional cost to the Government.
Document any waiver decision
If the Government decides not to require the firm to correct the problem in a particular situation, the contracting officer must place a written statement of the reasons in the contract file. This creates an audit trail and supports the decision.
Insert required A-E clause
The contracting officer must include FAR clause 52.236-23, Responsibility of the Architect-Engineer Contractor, in fixed-price architect-engineer contracts. This clause implements the contractor’s responsibility for design quality and correction obligations.
Applies to A-E contract deliverables
The rule covers designs, drawings, specifications, and other items or services furnished under architect-engineer contracts. It is not limited to final plans; it also reaches related professional services that are part of the A-E effort.
Government discretion must be justified
The Government is not required to demand correction in every case, but any decision to accept the deficiency without correction must be supported by a written explanation. The file documentation is part of proper contract administration.
Responsibilities
Contractor
Provide designs, drawings, specifications, and related A-E services that are free from errors, deficiencies, and inadequacies to the extent required by the contract. If defects are found, correct them at no cost to the Government when correction is required.
Contracting Officer
Ensure the contract includes FAR 52.236-23 in fixed-price architect-engineer contracts. If the Government chooses not to require correction of a defect, prepare and place a written statement of reasons in the contract file.
Government/Agency
Evaluate whether identified design errors or deficiencies should be corrected by the contractor or accepted without correction. Ensure decisions are properly documented and that the Government does not pay extra for contractor-caused design defects.
Practical Implications
This section is a key risk-allocation rule in A-E contracting: if the contractor’s design work is wrong, the contractor generally pays to fix it, not the Government.
Contracting officers should not overlook the required clause in fixed-price A-E contracts; omitting it can weaken the Government’s ability to enforce correction obligations.
If the Government accepts a defect without requiring correction, the file must clearly explain why; missing documentation can create audit, protest, or claims risk.
Contractors should maintain strong internal quality control and peer review processes, because design errors can lead to unpaid rework, schedule impacts, and reputational harm.
In practice, unresolved A-E errors can cascade into construction change orders and disputes, so early identification and prompt correction are critical.
Official Regulatory Text
(a) Under architect-engineer contracts, contractors shall be required to make necessary corrections at no cost to the Government when the designs, drawings, specifications, or other items or services furnished contain any errors, deficiencies, or inadequacies. If, in a given situation, the Government does not require a firm to correct such errors, the contracting officer shall include a written statement of the reasons for that decision in the contract file. (b) The contracting officer shall insert the clause at 52.236-23 , Responsibility of the Architect-Engineer Contractor, in fixed-price architect-engineer contracts.