Overview
FAR 36.511 prescribes the mandatory and discretionary use of clause 52.236-11, which permits the government to occupy or utilize a construction project before it is officially completed.
Key Rules
- Mandatory Inclusion: The Contracting Officer must include clause 52.236-11 in solicitations and contracts for fixed-price construction projects expected to exceed the Simplified Acquisition Threshold (SAT).
- Discretionary Inclusion: The clause may be included in fixed-price construction contracts valued at or below the SAT at the government's discretion.
- Applicability: The rule specifically applies to fixed-price construction contracts rather than cost-reimbursement or service-based contracts.
Practical Implications
- Operational Flexibility: This allows the government to begin using a facility for its intended purpose while the contractor finishes minor "punch list" items or works on separate phases of the project.
- Liability Clarification: By including the referenced clause, the contract establishes clear terms regarding risk of loss and maintenance responsibilities when the government takes early possession.