36.516
Quantity surveys
FAR 36.516 ensures that fixed-price construction contracts using unit pricing clearly assign responsibility for quantity surveys, requiring contractors to perform them only if government personnel are unavailable and the contract includes the appropriate clause Alternate.
Overview
FAR 36.516 addresses the use of the Quantity Surveys clause (52.236-16) in fixed-price construction contracts that utilize unit pricing and payment based on quantity surveys. The regulation allows contracting officers to include this clause in solicitations and contracts when such payment methods are contemplated. If it is determined—at a level above the contracting officer—that government personnel cannot perform the original and final quantity surveys, and the government wants the contractor to perform these surveys, the clause must be used with its Alternate. This ensures clarity on who is responsible for conducting quantity surveys and under what circumstances the contractor may be tasked with this responsibility.
Key Rules
- Use of Clause 52.236-16
- Insert the Quantity Surveys clause in fixed-price construction contracts with unit pricing and payment based on quantity surveys.
- Use of Alternate Clause
- If government personnel cannot perform surveys and the contractor is to perform them, use the clause with its Alternate as determined by higher authority.
Responsibilities
- Contracting Officers: Decide whether to include the clause and its Alternate based on contract structure and government capability.
- Contractors: Be prepared to conduct quantity surveys if required by the contract clause and its Alternate.
- Agencies: Make determinations above the contracting officer level regarding the practicality of government personnel performing surveys.
Practical Implications
- This section ensures clear assignment of responsibility for quantity surveys in construction contracts, reducing disputes over payment calculations.
- Contractors must be aware of their potential obligation to perform surveys and ensure they have the capability to do so if required.
- Failure to use the correct clause or Alternate can lead to contract administration issues and payment disputes.