Overview
FAR 36.505 mandates the inclusion of a specific clause in all federal construction contracts to ensure that materials used are of high quality and that labor is performed to a professional standard.
Key Rules
- Mandatory Clause: The Contracting Officer must insert the clause at FAR 52.236-5, Material and Workmanship, in all solicitations and contracts for construction.
- Quality Requirement: Under the prescribed clause, all equipment and materials incorporated into the work must be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided.
- Professional Standards: The clause requires that all work be performed in a skillful and workmanlike manner.
Practical Implications
- Quality Control: This section provides the government with the legal authority to reject substandard materials or demand the removal of contractor employees who demonstrate incompetence or negligence.
- Substitutions: It establishes the process for contractors to propose "equal" materials when a brand name is specified, shifting the burden of proof regarding quality to the contractor.