FAR 36.506—Superintendence by the contractor.
Plain-English Summary
FAR 36.506 tells contracting officers when to include the clause at 52.236-6, Superintendence by the Contractor, in solicitations and contracts. It applies to fixed-price construction contracts and fixed-price contracts for dismantling, demolition, or removal of improvements, and it distinguishes between contracts expected to exceed the simplified acquisition threshold and those at or below it. The rule is about ensuring the government requires clear contractor leadership and on-site supervision for work that is physically intensive, safety-sensitive, and often performed in active or controlled environments. In practice, it helps the government make sure the contractor—not the government—provides day-to-day direction, coordination, and control of the work. This section is important because it ties a standard construction management requirement to the acquisition threshold and gives contracting officers discretion in smaller fixed-price jobs.
Key Rules
Mandatory above threshold
The contracting officer must insert the Superintendence by the Contractor clause in solicitations and contracts for contemplated fixed-price construction contracts and fixed-price dismantling, demolition, or removal of improvements contracts when the expected contract amount exceeds the simplified acquisition threshold.
Discretionary at or below threshold
For the same types of fixed-price construction or demolition/removal contracts expected to be at or below the simplified acquisition threshold, the contracting officer may include the clause, but is not required to do so.
Applies to fixed-price work
This section is limited to fixed-price construction and fixed-price dismantling, demolition, or removal of improvements contracts. It does not establish a requirement for other contract types unless another FAR provision or agency policy applies.
Clause insertion in solicitations and contracts
The rule directs the contracting officer to place the clause in both the solicitation and the resulting contract when required, so offerors know the supervision requirement before award and the obligation is enforceable after award.
Threshold drives the decision
The simplified acquisition threshold is the key trigger for whether the clause is mandatory or optional. Contracting officers must estimate the contract amount early enough to decide whether the clause belongs in the solicitation.
Responsibilities
Contracting Officer
Determine whether the contemplated procurement is a fixed-price construction or demolition/removal contract and whether the expected amount is above or at/below the simplified acquisition threshold. Insert clause 52.236-6 when required, and consider whether to include it in smaller fixed-price construction-related acquisitions.
Contractor
If the clause is included, provide the required superintendence for the work through appropriate on-site or project supervision as required by the contract clause and manage the work without relying on government personnel to direct contractor employees.
Agency
Support acquisition planning and threshold determination so the contracting officer can decide correctly whether the clause is mandatory or discretionary for the contemplated procurement.
Practical Implications
For larger fixed-price construction and demolition/removal jobs, the clause is not optional; omitting it can create a solicitation or contract defect.
The key practical issue is supervision: contractors should expect to furnish competent superintendence and not assume the government will fill that role.
Contracting officers should make the threshold determination early, because the clause decision depends on the expected contract amount at the time of solicitation.
For smaller jobs, inclusion is discretionary, so agencies may use the clause when on-site control and coordination are still important.
A common pitfall is confusing contract type with work type; this section is limited to fixed-price construction and fixed-price demolition/removal of improvements, not all service or maintenance contracts.
Official Regulatory Text
The contracting officer shall insert the clause at 52.236-6 , Superintendence by the Contractor, in solicitations and contracts when a fixed-price construction contract or a fixed-price dismantling, demolition, or removal of improvements contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold. The contracting officer may insert the clause in solicitations and contracts when a fixed-price construction or a fixed-price contract for dismantling, demolition, or removal of improvements is contemplated and the contract amount is expected to be at or below the simplified acquisition threshold.