TITLE 48 - FEDERAL ACQUISITION REGULATIONS SYSTEM

CHAPTER 2 - DEFENSE ACQUISITION REGULATIONS SYSTEMS, DEPARTMENT OF DEFENSE

SUBCHAPTER F - SPECIAL CATEGORIES OF CONTRACTING

PART 236 - CONSTRUCTION AND ARCHITECT - ENGINEER CONTRACTS

236.606 - 70 - Statutory fee limitation.

  (a) 10 U.S.C. 4540, 7212, and 9540 limit the contract price (or fee) for A-E services for the preparation of designs, plans, drawings, and specifications to six percent of the project's estimated construction cost.

  (b) The six percent limit also applies to contract modifications, including modifications involving (1) Work not initially included in the contract. Apply the six percent limit to the revised total estimated construction cost.

  (2) Redesign. Apply the six percent limit as follows (i) Add the estimated construction cost of the redesign features to the original estimated construction cost; (ii) Add the contract cost for the original design to the contract cost for redesign; and (iii) Divide the total contract design cost by the total estimated construction cost. The resulting percentage may not exceed the six percent statutory limitation.

  (c) The six percent limit applies only to that portion of the contract (or modification) price attributable to the preparation of designs, plans, drawings, and specifications. If a contract or modification also includes other services, the part of the price attributable to the other services is not subject to the six percent limit.