36.505
Material and workmanship
FAR 36.505 mandates the inclusion of the Material and Workmanship clause in all construction contracts to ensure quality standards are met.
Overview
FAR 36.505 requires contracting officers to include the clause at 52.236-5, Material and Workmanship, in all solicitations and contracts for construction projects. This clause establishes standards for the quality of materials and workmanship that contractors must meet when performing construction work for the government. Its purpose is to ensure that all construction deliverables meet specified requirements and are completed using proper materials and skilled labor.
Key Rules
- Mandatory Clause Inclusion
- The Material and Workmanship clause (52.236-5) must be inserted in every construction contract and solicitation.
- Quality Standards
- Contractors are required to use materials and workmanship that conform to contract specifications and industry standards.
Responsibilities
- Contracting Officers: Must ensure the clause is included in all construction solicitations and contracts.
- Contractors: Must comply with the quality standards for materials and workmanship as specified in the contract.
- Agencies: Should monitor compliance with the clause during contract performance.
Practical Implications
- This section exists to protect the government’s interests by ensuring construction work meets quality expectations.
- It impacts daily contracting by making the inclusion of the clause a non-negotiable requirement for construction contracts.
- Common pitfalls include omission of the clause or failure to enforce its requirements during contract administration.