FAR 36.509—Protection of existing vegetation, structures, equipment, utilities, and improvements.
Plain-English Summary
FAR 36.509 tells contracting officers when to include the clause at 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, in construction-related solicitations and contracts. It covers two contract types: fixed-price construction contracts and fixed-price contracts for dismantling, demolition, or removal of improvements. It also distinguishes between contracts expected to exceed the simplified acquisition threshold, where the clause must be inserted, and contracts at or below the threshold, where the clause may be inserted at the contracting officer’s discretion. The purpose is to protect government-owned or otherwise existing site assets from avoidable damage during performance and to allocate responsibility for care, preservation, and repair issues in a clear contract term. In practice, this section helps ensure bidders understand site-protection obligations before pricing the work and gives the Government a contractual basis to address damage to vegetation, utilities, structures, equipment, and improvements that already exist at the worksite.
Key Rules
Mandatory clause above SAT
If the contract is a fixed-price construction contract or a fixed-price dismantling, demolition, or removal of improvements contract and the expected amount exceeds the simplified acquisition threshold, the contracting officer must insert FAR 52.236-9 in the solicitation and contract.
Discretionary clause at or below SAT
For the same types of fixed-price contracts when the expected amount is at or below the simplified acquisition threshold, the contracting officer may include the clause, but is not required to do so by this section.
Applies to fixed-price work
This section is limited to fixed-price construction and fixed-price dismantling, demolition, or removal of improvements. It does not, by its terms, address other contract types.
Protects existing site assets
The clause is intended to protect existing vegetation, structures, equipment, utilities, and improvements already present at the site. It gives the Government a standard contractual mechanism to require care and to address damage caused during performance.
Insert in both solicitation and contract
When the clause is required or chosen, it must be included in the solicitation and the resulting contract so offerors can price the obligation and the contractor is bound by it upon award.
Responsibilities
Contracting Officer
Determine whether the contemplated contract is a fixed-price construction or demolition/removal contract and whether the expected amount is above or at/below the simplified acquisition threshold. Insert FAR 52.236-9 when required, and decide whether to include it for lower-dollar actions.
Contractor
Review the clause when included, account for site-protection obligations in pricing and performance planning, and avoid damaging existing vegetation, structures, equipment, utilities, and improvements during the work.
Agency/Requirement Owner
Identify existing site assets that may need protection and support the contracting officer in deciding whether the clause should be included for lower-dollar procurements.
Practical Implications
For contractors, this clause can affect means and methods, site access planning, utility coordination, and pricing because damage prevention and restoration risk may be part of performance expectations.
For contracting officers, the main pitfall is forgetting that the clause is mandatory above the simplified acquisition threshold for the covered contract types.
Even when not mandatory at or below the threshold, omitting the clause may leave the Government with less explicit protection for existing site assets.
Contractors should inspect the site carefully and ask questions during solicitation if the condition of vegetation, utilities, or improvements is unclear.
This section is narrow: it is about when to include the clause, not the detailed performance obligations in the clause itself, so users should also review FAR 52.236-9 for the substantive requirements.
Official Regulatory Text
The contracting officer shall insert the clause at 52.236-9 , Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, 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.