FAR and DFARS › FAR Part 36: Construction and Architect-engineer Contracts › Subpart 36.5
FAR 36.502 Differing site conditions.
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 section tells contracting officers when to include the Differing Site Conditions clause in certain fixed-price construction or dismantling/demolition/removal contracts. It matters because that clause affects how contractors can get adjustments if they encounter unexpected site conditions.
Applies to: Contracting officers awarding fixed-price construction or dismantling, demolition, or removal of improvements contracts.
What it requires
- Insert the clause at 52.236-2 in solicitations and contracts when a fixed-price construction or fixed-price dismantling, demolition, or removal of improvements contract is contemplated and the contract amount is expected to exceed the simplified acquisition threshold.
Key terms: Differing Site Conditions · fixed-price construction contract · dismantling, demolition, or removal of improvements contract · simplified acquisition threshold
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
The contracting officer shall insert the clause at 52.236-2, Differing Site Conditions, 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.
Sections it refers to
- 52.236-2 Differing Site Conditions.
Sections that refer to it
- 52.236-2 Differing Site Conditions.
← 36.501 Performance of work by the contractor. · 36.503 Site investigation and conditions affecting the work. →
Rule changes for FAR Part 36
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52 ↗ · proposed 2026-09-18 · comments due 2026-10-19
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2024-12-16 · effective 2025-01-03
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation: Prohibition on the Use of Reverse Auctions for Complex, Specialized, or Substantial Design and Construction Services ↗ · proposed 2024-08-29 · comments due 2024-10-28
- Federal Acquisition Regulation: Sustainable Procurement ↗ · final rule 2024-04-22 · effective 2024-05-22
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.