FAR 36.516—Quantity surveys.
Plain-English Summary
FAR 36.516 addresses when the government may use the Quantity Surveys clause at 52.236-16 in fixed-price construction contracting. It covers two related topics: first, the contracting officer’s discretion to include the clause in solicitations and contracts when the work is priced by unit items and payment will be based on quantity surveys; and second, the special situation in which the government wants the contractor to perform the original and final surveys because government personnel cannot practicably do them. The section exists to support accurate measurement of work performed so that payment reflects actual quantities rather than estimates, which is especially important in unit-priced construction contracts. In practice, this provision helps establish who measures the work, when the clause should be inserted, and when the alternate version of the clause must be used. It also signals that the decision to shift survey performance to the contractor is not made solely by the contracting officer; it must be determined at a higher level. For contractors and contracting officers, the section matters because survey responsibility affects pricing, administration, documentation, and payment accuracy.
Key Rules
Clause may be inserted
The contracting officer may include FAR 52.236-16, Quantity Surveys, in solicitations and contracts when the contemplated contract is a fixed-price construction contract with unit pricing and payment based on quantity surveys. This is permissive, not mandatory, but it is tied to the specific contract structure described in the rule.
Applies to unit-priced construction
The section is aimed at fixed-price construction contracts that use unit prices for items of work and rely on measured quantities to determine payment. It is not a general rule for all construction contracts; it is specific to contracts where quantity measurement is part of the payment mechanism.
Government surveys are the default
The rule assumes the government will normally perform the original and final quantity surveys. The contractor performs those surveys only if the government decides it is impracticable for government personnel to do so.
Alternate clause required if contractor surveys
If a higher-level authority determines that government personnel cannot practicably perform the original and final surveys and the government wants the contractor to do them, the contracting officer must use the clause with its Alternate. The alternate is therefore required when survey performance is shifted to the contractor under that determination.
Higher-level determination required
The decision that it is impracticable for government personnel to perform the surveys must be made at a level above the contracting officer. The contracting officer cannot make that impracticability determination unilaterally for purposes of using the alternate.
Responsibilities
Contracting Officer
Decide whether to insert FAR 52.236-16 in the solicitation and contract when the procurement is a fixed-price construction contract with unit pricing and payment based on quantity surveys. If a higher-level determination says government personnel cannot practicably perform the original and final surveys and the government wants the contractor to do them, ensure the clause is used with its Alternate.
Higher-Level Authority
Determine whether it is impracticable for government personnel to perform the original and final quantity surveys when the government is considering contractor performance of those surveys. This determination must be made above the contracting officer level.
Government Personnel
Perform the original and final quantity surveys when the clause is used in its standard form and the government has not shifted survey performance to the contractor. Their measurements support payment based on actual quantities.
Contractor
Perform the original and final quantity surveys only when the alternate clause is used and the government has determined that contractor performance is necessary because government personnel cannot practicably do the surveys. The contractor must then support payment administration through those surveys.
Practical Implications
This section matters most in unit-priced construction work, where measured quantities drive payment and disputes often arise over how quantities are established.
Contracting officers should confirm whether the contract structure actually contemplates payment based on quantity surveys before inserting the clause; using it in the wrong context can create administration problems.
If the government wants the contractor to perform surveys, the file should clearly document the higher-level impracticability determination and the use of the alternate clause; missing that step is a common compliance risk.
Because quantity surveys affect final payment, both parties should pay close attention to survey timing, measurement methods, and recordkeeping to avoid later disagreements.
Contractors should understand early whether they or the government will conduct the surveys, since that affects staffing, cost buildup, and the evidence needed to support invoices and final quantities.
Official Regulatory Text
The contracting officer may insert the clause at 52.236-16 , Quantity Surveys, in solicitations and contracts when a fixed-price construction contract providing for unit pricing of items and for payment based on quantity surveys is contemplated. If it is determined at a level above that of the contracting officer that it is impracticable for Government personnel to perform the original and final surveys, and the Government wishes the contractor to perform these surveys, the clause shall be used with its Alternate.