Overview
FAR 36.210 mandates that Contracting Officers provide prospective offerors with access to construction sites and pertinent technical data to ensure they can develop informed and accurate proposals. It establishes a framework for transparency and equal access to information concerning physical work conditions and historical project data.
Key Rules
- Accessibility of Data: The Government must provide opportunities for offerors to examine critical technical data, such as boring samples, original logs, and records of previous construction.
- Centralization: All relevant data should be assembled in a single location to facilitate efficient examination by all parties.
- Solicitation Disclosure: The solicitation must explicitly state the time and location for site inspections and data reviews; if necessary, a specific individual must be designated to lead these sessions.
- Fairness and Equality: All significant information, including details regarding Government-furnished utilities, must be provided to every offeror in the same manner to maintain a level playing field.
- Documentation: The Government is required to maintain a formal record of the identity and affiliation of every representative who inspects the site or the data.
Practical Implications
- Risk Mitigation: By providing comprehensive access to site data, the Government reduces the likelihood of future "Differing Site Conditions" claims and associated cost overruns.
- Offeror Due Diligence: Contractors who fail to utilize these inspection opportunities may be held liable for costs associated with site conditions that were discoverable during the designated examination period.