36.506
Superintendence by the contractor
Include the Superintendence by the Contractor clause in fixed-price construction and demolition contracts exceeding the simplified acquisition threshold to ensure proper supervision.
Overview
FAR 36.506 requires contracting officers to include the clause at 52.236-6, "Superintendence by the Contractor," in solicitations and contracts for fixed-price construction or fixed-price dismantling, demolition, or removal of improvements when the contract amount is expected to exceed the simplified acquisition threshold (SAT). The clause may also be included at the contracting officer's discretion for contracts at or below the SAT. This clause ensures that contractors provide adequate supervision for the work performed under these types of contracts.
Key Rules
- Mandatory Clause Inclusion (Above SAT)
- The clause at 52.236-6 must be included in fixed-price construction and related contracts exceeding the SAT.
- Discretionary Clause Inclusion (At or Below SAT)
- The clause may be included in similar contracts at or below the SAT, based on the contracting officer's judgment.
Responsibilities
- Contracting Officers: Must insert the clause in applicable contracts above the SAT and may do so for contracts at or below the SAT.
- Contractors: Must comply with the requirements of the 52.236-6 clause, ensuring proper superintendence of the work.
- Agencies: Ensure oversight and enforcement of clause inclusion and contractor compliance.
Practical Implications
- This section ensures that all significant fixed-price construction and demolition contracts have clear requirements for contractor supervision, reducing risks of mismanagement or inadequate oversight. Contractors should be prepared to designate qualified supervisory personnel and understand the expectations set forth in clause 52.236-6. Failure to comply can result in performance issues or contractual disputes.