52.236-4 Physical Data
Source: FAR 52.236-4 on acquisition.gov
FAR 52.236-4 requires contractors to independently assess government-furnished physical data for construction contracts, as the government disclaims responsibility for any contractor interpretations.
Overview
FAR 52.236-4, "Physical Data," is a clause required in fixed-price construction contracts where the government provides or makes available physical data (such as test borings, weather data, or transportation information) relevant to contract performance. The clause specifies that all such information must be clearly identified in the contract and is provided solely for the contractor’s information. Importantly, the government disclaims responsibility for any interpretations or conclusions the contractor may draw from this data. The clause allows for customization by deleting inapplicable paragraphs and requires the contracting officer to insert specific details about site investigations, weather, transportation, and other pertinent information.
Key Rules
- Disclosure of Physical Data
- All physical data relevant to contract performance must be identified and included in the contract clause.
- Government Disclaimer
- The government is not responsible for contractor interpretations or conclusions drawn from the provided data.
- Customizable Clause
- Contracting officers may delete paragraphs that are not applicable to the specific contract.
Responsibilities
- Contracting Officers: Must ensure all relevant physical data is identified and included in the clause, and customize the clause as needed.
- Contractors: Must review and consider all provided data but cannot hold the government liable for their interpretations.
- Agencies: Must oversee proper inclusion and disclosure of physical data in solicitations and contracts.
Practical Implications
- This clause exists to ensure transparency about site conditions while limiting government liability for contractor misinterpretation.
- Contractors must perform their own due diligence and not rely solely on government-furnished data.
- Common pitfalls include failing to review all provided data or assuming the government guarantees its accuracy or interpretation.
As prescribed in 36.504 , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated and physical data (e.g., test borings, hydrographic, weather conditions data) will be furnished or made available to offerors. All information to be furnished or made available to offerors before award that pertains to the performance of the work should be identified in the clause. When paragraphs are not applicable they may be deleted.
Physical Data (Apr 1984)
Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor.
(a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by __________ [insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels].
(b) Weather conditions __________ [insert a summary of weather records and warnings].
(c) Transportation facilities _________ [insert a summary of transportation facilities providing access from the site, including information about their availability and limitations].
(d) ___________ [insert other pertinent information].
(End of clause)