36.514 Availability and use of utility services
Source: FAR 36.514 on acquisition.gov
Include and specify available utility services in fixed-price construction or dismantling contracts performed on Government sites when Government utilities are adequate and their use is in the Government’s interest.
Overview
FAR 36.514 requires contracting officers to include the clause at 52.236-14, Availability and Use of Utility Services, in certain fixed-price construction or dismantling contracts performed on Government sites. This is applicable when the Government's existing utility systems are deemed adequate for both Government and contractor needs, and providing these utilities is in the Government’s interest. The contracting officer must also specify which utilities are available in the contract documentation.
Key Rules
- Clause Inclusion
- The clause at 52.236-14 must be inserted in solicitations and contracts for fixed-price construction or dismantling/removal contracts on Government sites when utility systems are adequate and their use is in the Government’s interest.
- Utility Listing Requirement
- The contracting officer must list all available utilities in the contract when this clause is used.
Responsibilities
- Contracting Officers: Assess utility adequacy, determine Government interest, include the required clause, and list available utilities in the contract.
- Contractors: Review and comply with the listed utility provisions in the contract.
- Agencies: Ensure oversight of utility provision and contract compliance.
Practical Implications
- This section ensures contractors have clarity on the availability and use of Government-furnished utilities, reducing disputes and misunderstandings during contract performance. It also helps manage expectations and responsibilities regarding utility usage on Government sites. Failure to properly list utilities or include the clause can lead to compliance issues and operational delays.
The contracting officer shall insert the clause at 52.236-14, Availability and Use of Utility Services, in solicitations and contracts when a fixed-price construction contract or a fixed-price dismantling, demolition, or removal of improvements contract is contemplated, the contract is to be performed on Government sites, and the contracting officer decides (a) that the existing utility system(s) is adequate for the needs of both the Government and the contractor, and (b) furnishing it is in the Government’s interest. When this clause is used, the contracting officer shall list the available utilities in the contract.