36.504
Physical data
Include the 52.236-4 Physical Data clause in fixed-price construction contracts when physical data will be provided to offerors to ensure fair and informed bidding.
Overview
FAR 36.504 requires contracting officers to include the clause at 52.236-4, Physical Data, in solicitations and contracts for fixed-price construction projects when physical data (such as test borings, hydrographic data, or weather conditions) will be provided to offerors. This ensures that all bidders have access to the same critical site information, supporting fair competition and informed pricing. The regulation is designed to clarify the government's responsibility for the accuracy and availability of physical data relevant to the project site.
Key Rules
- Clause Inclusion Requirement
- The 52.236-4 Physical Data clause must be inserted in solicitations and contracts for fixed-price construction when physical data will be furnished.
- Types of Physical Data
- Examples include test borings, hydrographic data, and weather conditions data, but may include any relevant site information.
Responsibilities
- Contracting Officers: Must ensure the clause is included in applicable solicitations and contracts and that physical data is made available to offerors.
- Contractors: Should review all provided physical data and factor it into their bids and project planning.
- Agencies: Must maintain and provide accurate physical data to ensure fair competition and contract performance.
Practical Implications
- This section exists to ensure transparency and fairness in construction contracting by providing all offerors with the same site information.
- It impacts daily contracting by requiring careful documentation and sharing of physical data.
- Common pitfalls include failing to include the clause or not providing complete or accurate physical data, which can lead to disputes or claims during contract performance.