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FAR and DFARS › DFARS Part 252: Solicitation Provisions and Contract Clauses › Subpart 252.2

DFARS 252.236-7002 Obstruction of navigable waterways.

The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.

In plain English

This clause requires the contractor to promptly recover and remove any materials, plant, machinery, or appliances it loses, dumps, throws overboard, sinks, or misplaces that may obstruct or endanger navigation. The contractor must also notify the Contracting Officer immediately and, if required, mark or buoy the obstruction until removed. If the contractor fails to comply, the government may remove the obstruction and charge the contractor for the cost.

Applies to: Contractors performing work that may affect navigable waterways

What it requires

  • Promptly recover and remove any material, plant, machinery, or appliance lost, dumped, thrown overboard, sunk, or misplaced that may be dangerous to or obstruct navigation.
  • Give immediate notice to the Contracting Officer with description and locations of any such obstructions.
  • When required by the Contracting Officer, mark or buoy such obstructions until they are removed.

Key terms: Contracting Officer · obstruction · navigable waterways · vessel wrecked or sunk without fault or negligence · River and Harbor Act of March 3, 1899

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

As prescribed in 236.570(b)(1), use the following clause:

Obstruction of Navigable Waterways (DEC 1991)

(a) The Contractor shall—

(1) Promptly recover and remove any material, plant, machinery, or appliance which the contractor loses, dumps, throws overboard, sinks, or misplaces, and which, in the opinion of the Contracting Officer, may be dangerous to or obstruct navigation;

(2) Give immediate notice, with description and locations of any such obstructions, to the Contracting Officer; and

(3) When required by the Contracting Officer, mark or buoy such obstructions until the same are removed.

(b) The Contracting Officer may—

(1) Remove the obstructions by contract or otherwise should the Contractor refuse, neglect, or delay compliance with paragraph (a) of this clause; and

(2) Deduct the cost of removal from any monies due or to become due to the Contractor; or

(3) Recover the cost of removal under the Contractor's bond.

(c) The Contractor's liability for the removal of a vessel wrecked or sunk without fault or negligence is limited to that provided in sections 15, 19, and 20 of the River and Harbor Act of March 3, 1899 (33 U.S.C. 410 et seq.).

(End of clause)

Sections it refers to

  • 236.570 Additional provisions and clauses.

Sections that refer to it

  • 236.570 Additional provisions and clauses.

← 252.236-7001 Contract drawings and specifications. · 252.236-7003 Payment for mobilization and preparatory work. →

Rule changes for DFARS Part 252

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

DFARS 252.236-7002 Obstruction of navigable waterways · SpendQuery