36.509
Protection of existing vegetation, structures, equipment, utilities, and improvements
Include the protection clause in all fixed-price construction or demolition contracts exceeding the simplified acquisition threshold to safeguard existing site features.
Overview
FAR 36.509 requires contracting officers to include the clause at 52.236-9, which addresses the protection of existing vegetation, structures, equipment, utilities, and improvements, in certain fixed-price construction and demolition contracts. This clause is mandatory for contracts exceeding the simplified acquisition threshold and optional for contracts at or below that threshold. The purpose is to ensure contractors take necessary precautions to avoid unnecessary damage to existing site features during construction or demolition activities, thereby minimizing government property loss and potential project delays.
Key Rules
- Mandatory Clause Inclusion for Larger Contracts
- The clause at 52.236-9 must be included in solicitations and contracts for fixed-price construction or dismantling/demolition/removal of improvements when the contract value exceeds the simplified acquisition threshold.
- Discretionary Clause Inclusion for Smaller Contracts
- The clause may be included at the contracting officer's discretion for similar contracts at or below the simplified acquisition threshold.
Responsibilities
- Contracting Officers: Must ensure the clause is included in applicable contracts and may use discretion for smaller contracts.
- Contractors: Must comply with the requirements of clause 52.236-9 to protect existing site features.
- Agencies: Should oversee compliance and ensure contract documents include the required clause.
Practical Implications
- This section exists to prevent unnecessary damage and associated costs during construction or demolition.
- Contractors must plan and execute work to avoid harming existing property.
- Failure to include or comply with the clause can result in disputes, additional costs, or contract performance issues.