Overview
FAR 52.236 contains the standard clauses for federal construction, dismantling, and demolition contracts, establishing the baseline for operational responsibilities, risk allocation, and administrative requirements. These provisions define the legal relationship between the Government and the contractor regarding site conditions, work quality, safety, and project scheduling.
Key Rules
- Self-Performance (52.236-1): The contractor must perform a specified minimum percentage of the work on-site with its own organization to ensure they are not merely acting as a broker.
- Differing Site Conditions (52.236-2 & 52.236-3): Contractors must promptly notify the Government of latent physical conditions or unknown unusual conditions; however, they are also obligated to have taken "reasonably necessary" steps to investigate the site before bidding.
- Material and Workmanship (52.236-5): All materials must be new and of the "most suitable grade," though "or equal" substitutions are permitted with Contracting Officer (CO) approval to encourage competition.
- Accident Prevention (52.236-13): Contractors must comply with OSHA standards (29 CFR) and, for DoD projects, the U.S. Army Corps of Engineers Safety Manual (EM 385-1-1). The CO has the authority to stop work for safety violations without providing an equitable adjustment.
- Schedules and Oversight (52.236-15 & 52.236-21): Contractors must provide practicable progress schedules; if they fall behind, the CO can mandate increased shifts or overtime at no extra cost. In the event of a conflict between documents, specifications take precedence over drawings.
- Permits and Liabilities (52.236-7): The contractor is responsible for obtaining all necessary licenses and permits and remains liable for all damages to persons or property resulting from negligence.
Practical Implications
- Risk Management: Contractors must document site conditions meticulously and provide immediate written notice of discrepancies to preserve their right to an equitable adjustment for differing site conditions.
- Administrative Diligence: Failure to maintain an approved schedule or provide a competent on-site superintendent can lead to the withholding of progress payments or termination for default.