FAR 36.504—Physical data.
Plain-English Summary
FAR 36.504 tells contracting officers when to include the Physical Data clause at FAR 52.236-4 in construction solicitations and contracts. It applies when a fixed-price construction contract is contemplated and the government will furnish or make available physical data to offerors, such as test borings, hydrographic data, or weather conditions data. The section exists to make sure bidders know what site-related information the government is providing and to reduce disputes over reliance on that information during pricing and performance. In practice, it helps establish a clear record that certain physical data was available to all offerors, which supports fair competition and more accurate bids. It also signals that the government is sharing information, but not necessarily guaranteeing every aspect of site conditions beyond what the contract and clause provide. For contractors, this section matters because it affects how they evaluate site risk, prepare proposals, and document any assumptions based on government-furnished data.
Key Rules
Use in fixed-price construction
The clause is required when the contemplated contract is a fixed-price construction contract. If the procurement is not fixed-price construction, this section does not trigger the clause requirement.
Include when data is furnished
The contracting officer must insert FAR 52.236-4 when physical data will be furnished or made available to offerors. The rule covers site-related information such as test borings, hydrographic data, and weather conditions data.
Applies to offeror access
The trigger is not only actual delivery of data, but also making the data available to offerors. If the government provides access to relevant physical data for proposal preparation, the clause must be included.
Supports informed pricing
The purpose of the clause is to ensure offerors understand that certain physical data is being provided for use in preparing bids. This helps bidders assess site conditions and price the work more accurately.
Responsibilities
Contracting Officer
Determine whether the contemplated procurement is a fixed-price construction contract and whether physical data will be furnished or made available. If so, insert FAR 52.236-4, Physical Data, in the solicitation and contract.
Agency
Provide or make available the relevant physical data identified for the procurement, such as borings, hydrographic information, or weather data, so offerors can use it in preparing proposals.
Offerors/Contractors
Review any furnished or available physical data when preparing bids and account for it in pricing, planning, and risk assumptions. Contractors should not ignore the data or assume it is irrelevant to site conditions.
Practical Implications
This clause is a standard site-information disclosure tool in fixed-price construction buying, so its absence can create avoidable protest or contract administration issues if data was actually provided.
Contractors should treat furnished physical data as part of their bid analysis and document how they relied on it, especially for subsurface or environmental conditions.
The clause does not eliminate all site risk; it simply addresses government-furnished physical data, so bidders should still perform their own due diligence where appropriate.
A common pitfall is failing to include the clause when data is made available informally or through an attachment, even if the contracting officer did not intend to make a formal representation.
Another practical issue is consistency: if the government provides physical data to some offerors, it should be made available on equal terms to all offerors to preserve fair competition.
Official Regulatory Text
The contracting officer shall insert the clause at 52.236-4 , Physical Data, in solicitations and contracts when a fixed-price construction contract is contemplated and physical data ( e.g., test borings, hydrographic data, weather conditions data) will be furnished or made available to offerors.