36.520
Contracting by negotiation
Always include FAR provision 52.236-28 in negotiated construction solicitations to ensure proper offer preparation and compliance.
Overview
FAR 36.520 requires contracting officers to include the provision at 52.236-28, Preparation of Offers-Construction, in all solicitations for construction contracts when using negotiation procedures. This ensures that offerors are provided with clear instructions on how to prepare and submit their offers for negotiated construction contracts, promoting consistency and compliance with federal acquisition requirements.
Key Rules
- Mandatory Provision Inclusion
- Contracting officers must insert FAR 52.236-28 in all negotiated construction solicitations.
- Applicability to Negotiated Construction Contracts
- This requirement applies only when the construction contract is being awarded through negotiation, not sealed bidding.
Responsibilities
- Contracting Officers: Must ensure the provision at 52.236-28 is included in all relevant solicitations.
- Contractors: Should review and comply with the instructions in 52.236-28 when preparing offers.
- Agencies: Should oversee compliance with this requirement in their construction solicitations.
Practical Implications
- This section ensures that all offerors receive standardized instructions, reducing confusion and potential disputes during the offer preparation process.
- Failure to include the required provision can lead to non-compliance issues and may affect the integrity of the solicitation process.
- Contractors should always check for the presence of 52.236-28 in negotiated construction solicitations to ensure they are following the correct procedures.