Low RiskDFARSconstruction

252.236-7002Obstruction of navigable waterways.

Researched by the BidStride Research Team

What This Clause Requires

DFARS 252.236-7002 — Obstruction of navigable waterways.. This clause is part of the Defense Federal Acquisition Regulation Supplement and applies specifically to Department of Defense contracts.

Official Regulation Text

252.236-7002 Obstruction of navigable waterways. 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)

Source: eCFR, 48 CFR 252.236-7002 (https://www.ecfr.gov/current/title-48/section-252.236-7002)

Compliance Checklist

  • 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.

Flow-Down to Subcontractors

No flow-down required

This clause applies only to the prime contract and does not need to be flowed down to subcontractors.

Frequently Asked Questions

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This summary is for informational purposes only and reflects the BidStride Research Team's plain-English interpretation of the regulation. It is not legal advice and does not constitute an attorney-client relationship. Always consult the official Federal Acquisition Regulation (FAR) or Defense Federal Acquisition Regulation Supplement (DFARS) text and qualified legal counsel for compliance decisions.