Overview
FAR 36.504 prescribes the mandatory inclusion of a specific clause in fixed-price construction solicitations when the government provides site-specific technical information to offerors.
Key Rules
- Clause Requirement: The Contracting Officer must insert the clause at FAR 52.236-4, Physical Data.
- Contract Type: This requirement applies specifically to fixed-price construction contracts.
- Trigger Condition: The clause is required if physical data will be furnished or made available to offerors during the solicitation process.
- Scope of Data: Physical data includes, but is not limited to, test borings, hydrographic data, and weather conditions data.
Practical Implications
- Risk Mitigation: By providing standardized physical data, the government helps offerors develop more accurate bids, potentially reducing the need for high contingency costs related to site uncertainties.
- Transparency: Ensures that all potential bidders have access to the same foundational technical reports and environmental information necessary to assess performance requirements.