52.236-5 Material and Workmanship
Source: FAR 52.236-5 on acquisition.gov
Contractors must use new, approved materials and equipment and ensure all work is performed skillfully, with the Contracting Officer holding authority to approve or reject both materials and personnel.
Overview
FAR 52.236-5, "Material and Workmanship," sets standards for the quality of materials, equipment, and workmanship in government construction contracts. It requires that all materials and equipment used must be new and of suitable grade unless otherwise specified, and that all work must be performed skillfully. The clause also outlines procedures for obtaining approval of materials and equipment from the Contracting Officer and establishes the authority of the Contracting Officer to reject unapproved items or require removal of unsatisfactory personnel.
Key Rules
- Use of New and Suitable Materials
- All materials, equipment, and articles must be new and appropriate for their intended use unless the contract states otherwise. Equivalent items may be used if approved by the Contracting Officer.
- Approval of Equipment and Materials
- Contractors must obtain written approval from the Contracting Officer for machinery, mechanical equipment, and, when required, materials or articles to be incorporated into the work. Full information and samples may be required.
- Workmanship Standards
- All work must be performed in a skillful and workmanlike manner. The Contracting Officer can require removal of employees deemed incompetent or objectionable.
Responsibilities
- Contracting Officers: Review and approve materials, equipment, and personnel; enforce standards; require removal of unsatisfactory workers.
- Contractors: Use only approved, new, and suitable materials and equipment; submit required information and samples; ensure quality workmanship; comply with removal requests for personnel.
- Agencies: Oversee compliance with material, equipment, and workmanship standards.
Practical Implications
- This clause ensures government construction projects meet quality standards and are free from substandard materials or workmanship. Contractors must proactively seek approvals and maintain high standards, or risk rejection of work or materials. Common pitfalls include failing to obtain approvals or using unapproved substitutes, which can lead to costly rework or contract disputes.
As prescribed in 36.505 , insert the following clause:
Material and Workmanship (Apr 1984)
(a) All equipment, material, and articles incorporated into the work covered by this contract shall be new and of the most suitable grade for the purpose intended, unless otherwise specifically provided in this contract. References in the specifications to equipment, material, articles, or patented processes by trade name, make, or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as limiting competition. The Contractor may, at its option, use any equipment, material, article, or process that, in the judgment of the Contracting Officer, is equal to that named in the specifications, unless otherwise specifically provided in this contract.
(b) The Contractor shall obtain the Contracting Officer’s approval of the machinery and mechanical and other equipment to be incorporated into the work. When requesting approval, the Contractor shall furnish to the Contracting Officer the name of the manufacturer, the model number, and other information concerning the performance, capacity, nature, and rating of the machinery and mechanical and other equipment. When required by this contract or by the Contracting Officer, the Contractor shall also obtain the Contracting Officer’s approval of the material or articles which the Contractor contemplates incorporating into the work. When requesting approval, the Contractor shall provide full information concerning the material or articles. When directed to do so, the Contractor shall submit samples for approval at the Contractor’s expense, with all shipping charges prepaid. Machinery, equipment, material, and articles that do not have the required approval shall be installed or used at the risk of subsequent rejection.
(c) All work under this contract shall be performed in a skillful and workmanlike manner. The Contracting Officer may require, in writing, that the Contractor remove from the work any employee the Contracting Officer deems incompetent, careless, or otherwise objectionable.
(End of clause)