[Code of Federal Regulations]

[Title 48, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 48CFR36.501]



[Page 743-744]

 

            TITLE 48--FEDERAL ACQUISITION REGULATIONS SYSTEM

 

                CHAPTER 1--FEDERAL ACQUISITION REGULATION

 

PART 36_CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS--Table of Contents

 

                      Subpart 36.5_Contract Clauses

 

Sec. 36.501  Performance of work by the contractor.



    (a) To assure adequate interest in and supervision of all work 

involved in larger projects, the contractor shall be required to perform 

a significant part of the contract work with its own forces. The 

contract shall express this requirement in terms of a percentage



[[Page 744]]



that reflects the minimum amount of work the contractor must perform 

with its own forces. This percentage is (1) as high as the contracting 

officer considers appropriate for the project, consistent with customary 

or necessary specialty subcontracting and the complexity and magnitude 

of the work, and (2) ordinarily not less than 12 percent unless a 

greater percentage is required by law or agency regulation. Specialties 

such as plumbing, heating, and electrical work are usually 

subcontracted, and should not normally be considered in establishing the 

amount of work required to be performed by the contractor.

    (b) The contracting officer shall insert the clause at 52.236-1, 

Performance of Work by the Contractor, in solicitations and contracts, 

except those awarded pursuant to subparts 19.5, 19.8, 19.11, 19.13, or 

19.14 when a fixed-price construction contract is contemplated and the 

contract amount is expected to exceed $1,000,000. The contracting 

officer may insert the clause on solicitations and contracts when a 

fixed-price construction contract is contemplated and the contract 

amount is expected to be $1,000,000 or less.



[48 FR 42356, Sept. 19, 1983, as amended at 53 FR 43392, Oct. 26, 1988; 

69 FR 25279, May 5, 2004]