Overview
This section prescribes the mandatory and discretionary use of Federal Acquisition Regulation (FAR) clause 52.236-9, which holds contractors responsible for preserving and protecting existing site assets during construction or demolition activities.
Key Rules
- Mandatory Inclusion: Contracting officers must include clause 52.236-9 in fixed-price construction or dismantling/demolition contracts expected to exceed the Simplified Acquisition Threshold (SAT).
- Discretionary Inclusion: For contracts at or below the SAT, the contracting officer has the authority to include the clause if deemed necessary for the project.
- Scope of Application: The rule applies specifically to fixed-price contracts for construction, dismantling, demolition, or the removal of improvements.
- Asset Protection: The referenced clause requires the contractor to protect vegetation, structures, equipment, and utilities that are not designated for removal.
Practical Implications
- Contractors are contractually liable for the cost of repairing or replacing existing government property or site features damaged during contract performance.
- Contracting Officers should perform a risk assessment on small-dollar projects (below the SAT) to determine if the site's complexity or sensitive environment warrants the inclusion of these protective requirements.