FAR 52.236-4—Physical Data.
Plain-English Summary
FAR 52.236-4, Physical Data, is a construction clause used in fixed-price construction solicitations and contracts when the Government will furnish or make available physical data to offerors before award. It addresses what kinds of pre-award information may be provided, including site investigation data such as test borings and other subsurface or field investigation results, weather records and warnings, transportation access information, and any other pertinent physical data the Government chooses to identify. The clause also states that the data is for the contractor’s information only and that the Government is not responsible for the contractor’s interpretation of, or conclusions drawn from, the data. In practice, this clause helps bidders understand site conditions and logistics, but it also puts contractors on notice that they must independently evaluate the information rather than assume the Government guarantees its completeness or meaning. For contracting officers, the clause is a disclosure tool that should be tailored to include all pre-award physical information relevant to performance and to describe the investigative methods used so bidders can assess the reliability and limits of the data.
Key Rules
Use in fixed-price construction
This clause is prescribed for solicitations and contracts when a fixed-price construction contract is contemplated and physical data will be furnished or made available to offerors. It is intended to support informed pricing and planning before award.
Identify all pre-award data
All information to be furnished or made available before award that pertains to performance of the work should be identified in the clause. The Government should not leave out relevant site, weather, access, or other physical information that could affect bidding or execution.
Data is informational only
The clause expressly states that the physical data is for the contractor’s information. The Government does not assume responsibility for how the contractor interprets the data or what conclusions the contractor draws from it.
Describe investigation methods
For site conditions shown on drawings and in specifications, the clause requires a description of the investigational methods used, such as surveys, auger borings, core borings, test pits, probings, or test tunnels. This helps bidders judge the scope and reliability of the underlying information.
Include weather information
If weather conditions are relevant, the clause allows insertion of a summary of weather records and warnings. This gives offerors a basis for evaluating seasonal impacts, productivity, and scheduling risk.
Include access and transport data
The clause provides for a summary of transportation facilities providing access from the site, including their availability and limitations. This is important where roads, rail, waterways, staging areas, or other access constraints may affect performance.
Add other pertinent information
The clause also allows insertion of other relevant physical data. This catch-all provision lets the contracting activity include any additional site-related information that could materially affect construction performance.
Responsibilities
Contracting Officer
Determine whether the clause applies, insert it in the solicitation and contract when a fixed-price construction contract is contemplated, and tailor it to identify all physical data to be furnished or made available before award. The contracting officer should ensure the clause accurately describes the investigative methods, weather summaries, transportation access information, and any other pertinent data included in the package.
Agency/Design or Technical Staff
Compile and provide the physical data, including site investigation results, weather records, access information, and any other relevant information. They should describe the methods used to obtain the data so the solicitation reflects the basis of the information being shared.
Contractor/Offeror
Review the furnished physical data as part of bid preparation and performance planning, and independently evaluate its significance. The contractor must not assume the Government guarantees the contractor’s interpretation or conclusions and should account for uncertainty, limitations, and site-specific risk in pricing and execution.
Practical Implications
This clause is important because it can materially affect pricing, means and methods, schedule, and risk allocation on construction jobs where subsurface conditions, weather, or site access matter.
A common pitfall is failing to identify all relevant pre-award physical information, which can create disputes later if bidders relied on incomplete disclosures.
Another frequent issue is overreliance on the Government’s data; contractors should treat it as helpful background, not a substitute for their own site investigation and judgment.
Contracting officers should make sure the clause is tailored to the actual data available and that deleted paragraphs are removed only when truly inapplicable.
Because the Government disclaims responsibility for contractor interpretations, contractors should document assumptions and consider whether clarifications, site visits, or independent investigations are needed before bidding.
Official Regulatory Text
As prescribed in 36.504 , insert the following clause in solicitations and contracts when a fixed-price construction contract is contemplated and physical data ( e.g., test borings, hydrographic, weather conditions data) will be furnished or made available to offerors. All information to be furnished or made available to offerors before award that pertains to the performance of the work should be identified in the clause. When paragraphs are not applicable they may be deleted. Physical Data (Apr 1984) Data and information furnished or referred to below is for the Contractor’s information. The Government shall not be responsible for any interpretation of or conclusion drawn from the data or information by the Contractor. (a) The indications of physical conditions on the drawings and in the specifications are the result of site investigations by __________ [ insert a description of investigational methods used, such as surveys, auger borings, core borings, test pits, probings, test tunnels ] . (b) Weather conditions __________ [ insert a summary of weather records and warnings ] . (c) Transportation facilities _________ [ insert a summary of transportation facilities providing access from the site, including information about their availability and limitations ]. (d) ___________ [ insert other pertinent information ] . (End of clause)