52.246-13 Inspection-Dismantling, Demolition, or Removal of Improvements
Source: FAR 52.246-13 on acquisition.gov
Contractors must facilitate government inspections and promptly correct any deficiencies during dismantling, demolition, or removal projects, or risk default and financial liability.
Overview
FAR 52.246-13 establishes inspection requirements for contracts involving dismantling, demolition, or removal of improvements. It ensures that all workmanship is subject to government inspection at any time and place during the work. Contractors must provide necessary facilities, labor, and materials for inspection without additional cost. The clause also holds contractors responsible for any property damage caused by defective workmanship and requires prompt removal and replacement of unsatisfactory materials or equipment. If the contractor fails to correct issues or proceed in a workmanlike manner, the government may correct the deficiencies at the contractor's expense or terminate the contract for default, with the contractor and any surety liable for damages or repair costs.
Key Rules
- Government Inspection Rights
- All work is subject to inspection at any time and place during dismantling, demolition, or removal activities.
- Contractor Support for Inspection
- Contractors must provide facilities, labor, and materials for inspection at no extra cost.
- Responsibility for Defective Workmanship
- Contractors are liable for property damage due to defective work and must promptly remove and replace unsatisfactory items.
- Government Remedies for Noncompliance
- The government may correct deficiencies at the contractor's expense or terminate the contract for default if the contractor fails to act.
Responsibilities
- Contracting Officers: Ensure inclusion of this clause in applicable contracts and enforce inspection and correction requirements.
- Contractors: Facilitate inspections, promptly correct deficiencies, and bear costs for defective work or noncompliance.
- Agencies: Oversee inspection processes and enforce remedies for noncompliance.
Practical Implications
This clause protects the government’s interests by ensuring quality and safety during dismantling, demolition, or removal projects. Contractors must be proactive in supporting inspections and correcting issues to avoid costly government interventions or contract termination. Common pitfalls include failing to provide inspection support or delaying corrective actions, which can lead to default and financial liability.
As prescribed in 46.313 , insert the following clause in solicitations and contracts for dismantling, demolition, or removal of improvements:
Inspection-Dismantling, Demolition, or Removal of Improvements (Aug 1996)
(a) Unless otherwise designated by the specifications, all workmanship performed under the contract is subject to Government inspection at all times and places where dismantling or demolition work is being performed. The Contractor shall furnish promptly, and at no increase in contract price, all reasonable facilities, labor, and materials necessary for safe and convenient inspection by the Government. The Government shall perform inspections in a manner that will not unduly delay the work.
(b) The Contractor is responsible for damage to property caused by defective workmanship. The Contractor shall promptly segregate and remove from the premises any unsatisfactory facilities, materials, and equipment used in contract performance, and promptly replace them with satisfactory items. If the Contractor fails to proceed at once in a workmanlike manner with performance of the work or with the correction of defective workmanship, the Government may-
(1) By contract or otherwise, replace the facilities, materials, and equipment or correct the workmanship and charge the cost to the Contractor; and
(2) Terminate for default the Contractor’s right to proceed. The Contractor and any surety shall be liable, to the extent specified in the contract for any damage or cost of repair or replacement.
(End of clause)