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Overview

FAR 36.521 prescribes the use of clause 52.236-21, which governs how specifications and drawings are managed and interpreted in fixed-price construction, dismantling, or demolition contracts. It establishes the criteria for when the clause is mandatory and how to modify it when the government requires record drawings.

Key Rules

  • Mandatory Inclusion: The Contracting Officer (CO) must include clause 52.236-21 in fixed-price construction or demolition contracts expected to exceed the Simplified Acquisition Threshold (SAT).
  • Discretionary Inclusion: The CO has the option to include this clause for similar contracts valued at or below the SAT.
  • Alternate I: Must be used if the government requires record drawings and needs reproducible shop drawings from the contractor.
  • Alternate II: Must be used if the government requires record drawings but does not require reproducible shop drawings.

Practical Implications

  • Contractual Hierarchy: By invoking this clause, the government establishes clear rules for resolving discrepancies between specifications and drawings, typically holding that specifications take precedence.
  • Documentation Standards: Contractors must carefully review whether Alternate I or II is invoked, as providing reproducible shop drawings requires specific technical formatting and administrative overhead during the closeout phase of a project.

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