Schedules for construction contracts
Include the Schedules for Construction Contracts clause in fixed-price construction contracts over the simplified acquisition threshold with work periods over 60 days, but avoid overlapping management clauses.
Overview
FAR 36.515 provides guidance on when to include the clause at 52.236-15, Schedules for Construction Contracts, in fixed-price construction contracts. This clause is generally used when the contract value exceeds the simplified acquisition threshold and the work performance period is more than 60 days. However, it can also be used for shorter projects if special circumstances justify its inclusion. The regulation cautions against using this clause alongside other contract clauses that address contractor progress through different management methods, to avoid conflicting requirements.
Key Rules
- Clause Inclusion Criteria
- Insert clause 52.236-15 in fixed-price construction contracts over the simplified acquisition threshold with work periods exceeding 60 days.
- Special Circumstances
- The clause may be used for contracts with shorter durations if unusual situations warrant it.
- Avoid Clause Overlap
- Do not use this clause with other clauses that manage contractor progress through different approaches.
Responsibilities
- Contracting Officers: Determine if the clause should be included based on contract value, duration, and management approach; avoid conflicting clauses.
- Contractors: Comply with schedule requirements if the clause is included in the contract.
- Agencies: Ensure proper clause usage and avoid duplicative or conflicting contract management requirements.
Practical Implications
This section ensures that construction contracts have clear, enforceable schedules when appropriate, helping manage project timelines and contractor performance. It prevents confusion or conflict by prohibiting overlapping management clauses. Contractors should be aware of the clause's requirements and ensure their project schedules align with contract expectations.