36.521
Specifications and drawings for construction
Always include the 52.236-21 clause in fixed-price construction contracts over the simplified acquisition threshold, and use the correct alternate based on shop drawing requirements.
Overview
FAR 36.521 requires contracting officers to include the clause at 52.236-21, Specifications and Drawings for Construction, in solicitations and contracts for fixed-price construction or fixed-price dismantling, demolition, or removal of improvements when the contract amount exceeds the simplified acquisition threshold. The clause may also be used for contracts at or below the threshold. The regulation further specifies the use of Alternate I or Alternate II of the clause depending on whether reproducible shop drawings are required by the government.
Key Rules
- Clause Inclusion Requirement
- The 52.236-21 clause must be included in fixed-price construction and related contracts exceeding the simplified acquisition threshold.
- Discretion for Lower-Value Contracts
- The clause may be included at the contracting officer's discretion for contracts at or below the threshold.
- Record Drawings Requirement
- Use Alternate I if reproducible shop drawings are needed; use Alternate II if they are not.
Responsibilities
- Contracting Officers: Must ensure the correct version of the clause is included based on contract value and drawing requirements.
- Contractors: Must comply with the specifications and drawing requirements as outlined in the clause and any applicable alternates.
- Agencies: Must oversee proper clause usage and ensure contract documentation aligns with regulatory requirements.
Practical Implications
- This section ensures clarity and consistency in construction contract documentation, particularly regarding specifications and drawings.
- Proper clause inclusion helps avoid disputes over deliverables and ensures both parties understand drawing requirements.
- Common pitfalls include omitting the required clause or using the wrong alternate, which can lead to compliance issues or contract modifications.