48 C.F.R. § 36.502
36.502 Differing site conditions.
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.
Notes of Decisions
Cited in 2
cases, 2008–2014 · leading case: URS Grp., Inc. v. Tetra Tech FW, Inc., 181 P.3d 380 (Colo. Ct. App. 2008).
URS Grp., Inc. v. Tetra Tech FW, Inc., 181 P.3d 380 (Colo. Ct. App. 2008). “236-2 (2007) see also 48 C.F.R. § 36.502 (2007) (requiring insertion of DSC clause in certain fixed price contracts and permitting its insertion in others).”
United States ex rel. Fisher Sand & Gravel Co. v. Kirkland Constr., LLP, 76 F. Supp. 3d 1199 (D. Colo. 2014). “236-2 and 48 C.F.R. § 36.502 . To invoke a DSC clause, the contractor must “promptly, and before conditions are disturbed, give written notice to the Contracting Officer of [the] subsurface or latent *1207 physical conditions at the site which differ materially from those…”
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