Topic I-13 • Construction Contracting

Material Submittals

How material submittals work on federal construction contracts: what the clauses require, how the submittal register runs the workflow, and the legal point that matters most. Government approval of a submittal does not relieve the contractor of responsibility for the work.

1 What a Material Submittal Actually Is

A material submittal is written documentation that the contractor gives the government to show that a proposed material, product, or component meets the contract requirements. It is the paper trail that proves what is going to be installed before it actually gets installed.

The word "submittal" is broader than it sounds. It covers shop drawings, product data sheets, physical samples, mock-ups, manufacturer's certifications, test reports, manufacturer's installation instructions, operation and maintenance manuals, warranties, and anything else the contract spec says has to come in for review. The common thread is that the contractor is proposing something to the government and the government is reviewing it against the contract before the contractor proceeds.

The flow in one sentence. The contractor picks something, documents it, sends it in, the government reviews it against the spec, returns it with an action, and the contractor either proceeds or revises and resubmits based on what came back.

2 The Clauses That Make This Work

Four FAR clauses do most of the work on material submittals in federal construction contracts. Knowing which clause creates which right is worth the time it takes to read them directly.

Clause What it does
FAR 52.236-5
Material and Workmanship
Creates the government's right to approve materials, equipment, and machinery before they are incorporated into the work. States that items installed without required approval are installed at the risk of subsequent rejection. Requires materials to be new, of suitable grade, and applied in a skillful workmanlike manner.
FAR 52.236-21
Specifications and Drawings for Construction
Governs the contractor's obligation to submit shop drawings as called for in the specs. Establishes the framework for government review of shop drawings. The clause distinguishes between the drawings the government gives the contractor and the shop drawings the contractor produces to show how it will actually build the work.
FAR 52.246-12
Inspection of Construction
Gives the government the right to inspect the work at all reasonable times and places. States that the presence or absence of a government inspector does not relieve the contractor of responsibility to meet the contract requirements, and the inspector has no authority to change the specification without the contracting officer's written authorization.
FAR 52.236-7
Permits and Responsibilities
Places the contractor on the hook for all damages to persons or property resulting from its fault or negligence, and for all materials delivered and work performed until completion and acceptance. This is part of the legal foundation for the contractor's continuing responsibility.

The operational details of how submittals get routed, reviewed, and documented on any given contract come from the project specifications. Most construction spec books include a section that governs the submittal procedure, and that section is where you find the specifics: who sends what to whom, in what format, on what timeline, and who signs off. Read that section before running your first submittal on a new contract.


3 Types of Submittals You Will See

Different kinds of submittals serve different review purposes. Understanding the type tells you what you are supposed to be looking at when you review.

Type What it is and what you review
Shop Drawings Fabrication and installation drawings produced by the contractor or a subcontractor that show how specific components will actually be built and integrated. Review for dimensional accuracy, conformance to design drawings, interfaces with adjacent work, and coordination with other trades.
Product Data Manufacturer's catalog cuts, data sheets, and technical specifications for a specific product the contractor proposes to install. Review for conformance to the spec requirements for materials, performance characteristics, and listed standards.
Samples Physical samples of finishes, materials, or components submitted for review. Review for color, texture, dimensions, and visual conformance to the spec. Samples are often retained as the reference standard during construction.
Mock-ups Full-scale or representative assemblies built on site to demonstrate workmanship, appearance, and performance of complex assemblies before full production begins. Review and approval of mock-ups often establishes the workmanship standard for the entire project.
Certificates Manufacturer's certificates of compliance with specified standards, listings, or test results. Review for authenticity, relevance to the actual product being installed, and coverage of the specific standards called out in the spec.
Test Reports Results of factory or field testing, including welder qualifications, concrete mix designs, soil compaction, and similar. Review for test conditions, standards used, and pass/fail results against spec requirements.
Manufacturer's Instructions Installation, storage, and handling instructions from the product manufacturer. Review to make sure the contractor has them on hand and intends to follow them. Deviation from manufacturer's instructions is often a contract violation by reference through the spec.
O&M Manuals and Warranties Operation and maintenance documentation and warranty certificates required at close-out. Review for completeness, organization, and compliance with the spec's delivery requirements.

4 The Submittal Register

The submittal register is the master list of every submittal the contract requires. It is maintained by the contractor, updated throughout performance, and reviewed by the government at the preconstruction conference and regularly thereafter. A well-run submittal register tells you at any moment which submittals are required, which are in review, which are approved, which are outstanding, and which are blocking progress.

Standard fields on a submittal register include the submittal number, spec section reference, description, classification (if the spec uses one), required submission date, actual submission date, review status, action taken, and notes. Many specs classify submittals by whether the government has to approve the item before the contractor can proceed, or whether the submittal is required for the record but does not block the work. Classification names and codes vary by spec; the concept is consistent. Check the contract to see which submittals need explicit approval and which do not.

Whatever the classification scheme on your contract, it is set by the contract, not by the reviewer. A submittal that the spec treats as information-only cannot be turned into an approval requirement by the reviewer after the fact, and a submittal that requires government approval cannot be downgraded without a contract change.

Track the register religiously. When the register slips, the whole project slips. A submittal that is not on the register will not get submitted. A submittal in review past its timeline will hold up fabrication. A submittal that goes into review without the right reviewer assigned will come back late or wrong. Running the register well is one of the highest-leverage things a contract administration team does.

5 Review Timelines

The contract spec sets the review timeline. Review periods on construction contracts are typically measured in calendar days from receipt of a complete submittal, and two to four weeks is common for most items. Complex submittals sometimes get longer review windows written into the spec. Simple product data sometimes gets shorter ones. Read your spec and know what it says before the first submittal lands on your desk.

The clock starts when the government receives a complete submittal. An incomplete submittal that is missing required data, forms, or signatures can be returned without action, which restarts the clock when a complete package is received. Returning an incomplete submittal is not the same as disapproving it, and it should be documented as a return for completeness rather than as a substantive review action.

Review timelines run both ways. If the government blows through the review timeline without returning the submittal, the contractor may have a constructive delay claim. If the contractor submits late or incomplete, the delay is on the contractor. Tracking both sides of the clock is part of running the register. Do not let the government's review timer become the weakest link in the schedule.

6 Review Actions

When the government completes a review, the submittal comes back with an action. On the AF IMT 3000, the form itself has only two action boxes: approved and disapproved. In practice, reviewers deal with a few situations that sit in between, and the specifics of how those situations get documented vary by spec and by local procedure. The underlying outcomes are:

Outcome What it means in practice
Approved The submittal conforms to the contract. The contractor may proceed with the associated work. This is the clean case.
Approved with comments The submittal conforms but has minor informalities, typos, or clarifications the reviewer wants on the record. The contractor may proceed. The comments note what was fixed or clarified so that the record is straight. Used when the submittal is substantively fine and stopping the work to cycle it again would waste everyone's time.
Revise and resubmit The submittal has substantive deficiencies tied to the spec. The contractor has to fix the submittal and send it back for another review cycle. Work associated with the submittal does not proceed until the revised version is approved.
Disapproved The proposed item does not meet the contract and cannot be corrected by revising the paperwork. The contractor has to pick something else that does meet the contract. This is a stronger signal than revise and resubmit and points at the underlying product or approach, not the package.

Whatever outcome the reviewer lands on, the record has to live somewhere. On an IMT 3000 workflow, the action boxes and the comments block on the form itself carry that record, along with the contracting officer's signature on the bottom of the page. The form plus the comments plus the signature is the documentation.

When to approve with comments vs. revise and resubmit. The test is whether the substance is right. If the product is the right product and the package has a typo, a missing date, an off-reference, or a minor clarification the reviewer wants captured, approving with comments keeps the schedule moving and preserves the record. If the product is wrong, the values do not meet the spec, or the proposed approach does not match the contract, that is revise and resubmit. Do not use approval with comments as a shortcut to wave through a substantive deficiency.

7 What the Government Is Actually Reviewing For

The scope of government review of a material submittal is conformance to the contract requirements. That is it. The reviewer is checking whether the proposed material, product, or component meets the specifications that are actually in the contract. The reviewer is not performing an independent engineering analysis, not certifying the product will work in the specific field conditions, not guaranteeing the manufacturer will deliver on time, and not substituting the reviewer's judgment for the contractor's technical expertise about how to execute the work.

This matters because the scope of review defines the scope of government responsibility when something is approved. Government approval means the government has checked the submittal against the contract and found it conforming. It does not mean the government has taken over the contractor's job.

The Reviewer's Question Every submittal review comes down to the same question: does this match what the contract required? Not "will this work?" Not "is this the best choice?" Not "would I have picked this?" Just: does this match the contract? If it does, approve it. If it does not, return it with comments tied to the spec section that was missed.

8 Approval Does Not Relieve the Contractor

This is the most important legal principle on this page, and the one worth getting right. Government approval of a material submittal does not relieve the contractor of responsibility for performance of the work.

The contractor is hired for its technical expertise. The contractor chose the product. The contractor is responsible for means and methods under the standard construction clauses. The contractor is responsible for all work performed until acceptance under FAR 52.236-7. The contractor cannot transfer performance risk to the government by getting a submittal approved. If the approved product fails in the field because the contractor misjudged the application, selected the wrong grade, or installed it poorly, that is the contractor's problem, not the government's.

The legal pieces that support this:

  • FAR 52.246-12 says the presence or absence of a government inspector does not relieve the contractor of contract requirements. The same principle applies to submittal review. Review is a check, not a warranty of performance.
  • FAR 52.236-7 holds the contractor responsible for all materials and work until completion and acceptance, with a specific carve-out for portions formally accepted separately.
  • FAR 52.236-5(c) says items installed without required approval are at the risk of subsequent rejection, but the broader structure of the clause preserves the contractor's responsibility for the work even where approval was obtained.
  • Construction spec submittal sections often contain explicit language stating that government review and approval of submittals does not relieve the contractor of responsibility for conformance with the contract or for accuracy of dimensions, quantities, performance, or errors in the submittal itself. Check your spec section for the exact wording on your project.
The nuance worth knowing. There is a distinction in construction law between design specifications and performance specifications. Under the Spearin doctrine, when the government provides a detailed design specification, it impliedly warrants that the design is adequate. If the contractor follows the design and it fails, the government may bear that risk. But performance specifications tell the contractor what result to achieve and leave the contractor to choose how. Most material submittals involve the contractor selecting products to meet specifications the government wrote. Approving the submittal does not transform a performance specification into a design specification, and it does not convert the contractor's selection into a government directive. The contractor chose it. The contractor owns it.
Why This Rule Exists The government does not have the technical expertise to second-guess every contractor decision, and the contract is not written to require it to. The contractor is paid to know what will work in the field and to stand behind it. If government approval could shift that risk, contractors would have an incentive to get everything rubber-stamped and then blame the government when things go wrong. The rule that approval does not relieve the contractor is what keeps the performance risk on the party that controls the work and the selection.

9 Common Traps

Trap How to stay out of it
Reviewing outside the spec. Adding comments that demand things the contract does not require, or withholding approval over preferences rather than requirements. Tie every comment to a specific spec section. If you cannot point to the spec, you cannot withhold approval.
Approving a substitution by review. The contractor submits a product different from what the spec names, and the reviewer approves it without a formal substitution request. Treat unsolicited substitutions as substitution requests. Route them through the formal process. Do not approve them by stamp on a submittal.
Letting timelines slip. The review sits on someone's desk past the contract's review period, generating constructive delay exposure. Track the clock on every submittal. Escalate stalled reviews. Do not let the review timer become the reason a project slips.
Wrong reviewer. Routing a technical submittal to a reviewer without the expertise to evaluate it. Common when the project engineer is unavailable and the review gets delegated sideways. Route each submittal to the right technical reviewer. If the right reviewer is unavailable, pause the clock with a documented reason, do not route to someone who cannot do the review competently.
Approving too fast. Rubber-stamping submittals to keep the schedule moving without checking them against the spec. Review means review. A stamp without a review is a stamp that looks like government acceptance of something the government did not actually verify. That creates dispute exposure later.
Treating approval as endorsement. Telling the contractor verbally that an approved product is a good choice, or that the government stands behind it. Approval is a conformance check, nothing more. Do not add verbal endorsements that can be used later to argue the government assumed performance risk.

10 Mandatory Forms

There is no FAR-mandated form for material submittals. On Air Force construction contracts, the form used for a material submittal is AF IMT 3000, Material Approval Submittal. The form is the vehicle for the contractor's proposed material to reach the contracting officer, and it is the vehicle for the final approval or disapproval action to come back.

The IMT 3000 flow has a specific three-stop routing that the form itself lays out on its face:

  • Contractor to Contracting Officer. The contractor fills in the top of the form, lists each item being submitted for approval with the spec section and a description, signs the contractor certification block stating that the material complies with the contract, and routes the form to the contracting officer.
  • Contracting Officer to Base Civil Engineering Officer. The CO routes the submittal to base Civil Engineering for technical evaluation and action. Base CE reviews the material against the spec, notes approval or disapproval, adds comments as needed, signs, and returns the form to the contracting office with a recommendation.
  • Contracting Officer to Contractor. The CO makes the final determination, checks the approved or disapproved box at the bottom of the form, specifies the number of days within which the contractor must resubmit any disapproved items, signs, and returns the form to the contractor. The form is not valid unless it is signed by the contracting officer. That line is on the form itself.

The contracting officer signature is the thing that makes the approval legally meaningful. A Base CE recommendation, on its own, is not approval. A reviewer's comments, on their own, are not approval. The CO's signature on the bottom of the IMT 3000 is what the contractor is actually relying on when it proceeds with the work. Do not skip that step or treat it as a formality.

Form currency. The IMT 3000 is an established Air Force form that has been in use for years. Check the current version through Air Force e-Publishing or your local publications office before handing it to a contractor, because form versions get updated periodically and you want to make sure you are using the current edition.

🔍 Sample AF IMT 3000 Material Approval Submittal

Below is a fictional IMT 3000 for a roof insulation submittal. The project is Building 742 Roof Replacement, Contract W91234-26-C-0055, submitted by Ironcrest Construction. This example walks through the form as it would look after all three routing stops have been completed.

Material Approval Submittal
OMB No. 9000-0062
AF IMT 3000 20030901, V1
To (Contracting Officer) Jamie Ruiz, Contracting Officer
AFCO 123 / Contracting Office
From (Contractor) Ironcrest Construction, Inc.
Maria Ochoa, Project Manager
Date (YYYYMMDD) 20260510
Contract Number W91234-26-C-0055
Submission Number 0007
Submittal New Resubmittal
Previous Submission Number N/A
Project Number XYZZ 26-1042
Item No. Specification Section / Para. No. / Drawing No. Description of Material (Include Type, Model Number, Catalog Number, Mfg., etc.) Approved Disapproved See Reverse Initial
1 Spec 07 22 00, Para 2.1.A
Sheet A-401
Polyisocyanurate roof insulation board, 4 in. nominal thickness. Firestone ISO 95+ GL, ASTM C1289 Type II Class 1, LTTR R-25.0. For installation over metal deck on Building 742 roof replacement. JR
2 Spec 07 22 00, Para 2.2.B
Sheet A-401
Insulation adhesive, low-rise polyurethane foam. Firestone I.S.O. Stick, compatible with polyiso board and metal deck substrate. JR
3 Spec 07 22 00, Para 2.3.A
Sheet A-402
Tapered insulation, 1/4 in. per ft slope, polyisocyanurate. Same manufacturer as Item 1. Custom fabricated to roof drain pattern. JR
By completing this form, the undersigned contractor certifies that the material complies with all specifications of subject contract.
Contractor Signature Maria Ochoa
Title Project Manager
Date 20260510
For Government Use Only
Stop 1 • To: Base Civil Engineering Officer (For Evaluation and Action)
Routed for technical evaluation against the project specifications. Base CE reviews, marks each item, and returns with recommendation.
Signed: T. Alvarez, BCE Date: 20260513
Stop 2 • To: AF Contracting Office (Recommendation)
Recommend Approval (with comments on reverse for Item 1) Recommend Disapproval (Item 3)
Signed: T. Alvarez, BCE Date: 20260513
Stop 3 • To: Contractor (Final Determination)
Approved (Items 1 and 2, see reverse for comments on Item 1) Disapproved (Item 3)
Request resubmittal on disapproved items within 14 days.
Contracting Officer: Jamie Ruiz Date: 20260515
Comments (Reverse Side)

Item 1 (Approved with comments). Product data accepted. The LTTR value of R-25.0 listed on the cut sheet matches the submitted ASTM C1289 Type II Class 1 certification. Contractor to confirm that delivered lot matches the product data submitted and to provide the mill certification at delivery. Contractor remains responsible for thermal performance of the installed system.

Item 3 (Disapproved). The tapered insulation layout on Sheet A-402 shows a minimum slope of 1/4 in. per ft, but the submitted shop drawing uses a 1/8 in. per ft slope at the northwest drain, which does not meet the specified minimum. Resubmit a revised tapered insulation layout that meets the 1/4 in. per ft minimum slope throughout, or submit a formal request for deviation with engineering justification.

Read the form carefully. The approval check on Stop 3 is the binding action. Stop 1 is an evaluation. Stop 2 is a recommendation. Stop 3 is where the contracting officer makes the determination, checks the box, and signs. On this fictional form, Items 1 and 2 are approved, Item 1 is approved with comments, and Item 3 is disapproved and must be resubmitted within 14 days. The contractor can proceed with the approved items. The contractor cannot proceed with Item 3 until a revised submittal comes back and is approved.
What the comments do. The comments on the reverse are the record of what the government was telling the contractor at the time of approval. In the Item 1 comments above, the government noted that the contractor remains responsible for thermal performance of the installed system. That sentence does two things. It documents the conformance check the government performed, and it records that the contractor still owns the performance outcome. If the roof later underperforms thermally because the contractor chose a specific product that met the listed R-value on paper but failed in the field, the comments on this form are part of the record showing the contractor was never relieved of responsibility by the approval.
No CO signature, no approval. Without the contracting officer's signature on Stop 3, nothing on this form has any binding effect. A Base CE recommendation is just a recommendation. A technical evaluator's comments are just comments. The contractor cannot install Items 1 or 2 based on Stop 1 or Stop 2 alone. The contracting officer's signature on the bottom of the form is what the contractor is relying on when it proceeds with the work.

Test Yourself

Five scenarios on material submittals. Pick the best answer and check it.

Question 1 • Core Clause
Which clause creates the government's right to approve materials before they are incorporated into the work?

You are writing a spec section that will require material submittals and want to anchor the clause hook correctly. Which FAR clause is the primary authority for government approval of materials and equipment in federal construction contracts?

Question 2 • The Core Principle
An approved product fails in the field

The contractor submitted a roofing membrane product for approval. The submittal was reviewed against the spec and approved with no comments. The contractor installed the product. Three months into performance, the product begins to delaminate at seams under normal weather conditions. The contractor argues that because the government approved the submittal, the government is responsible for the repair and replacement costs. Is the contractor right?

Question 3 • Substitution by Stamp
A reviewer approves a product different from what the spec names

The contract spec names a specific manufacturer and model for a piece of HVAC equipment, listed as a basis of design with the phrase "or approved equal." The contractor submits a different manufacturer's product with comparable specifications. The government reviewer likes the alternate and stamps the submittal "Approved" without any documented substitution analysis or contract modification. The alternate is installed. Six months later, it fails. What is the problem with how this was handled?

Question 4 • Review Timelines
A submittal sits in review past the spec timeline

A G-classified submittal comes in for a product with a long manufacturer lead time. The spec requires a 14 calendar day government review. On day 22, the reviewer has still not returned the submittal. The contractor sends a letter stating that the delay is causing schedule impact and asks for schedule relief. What is the best government response?

Question 5 • Scope of Review
A reviewer wants to reject a submittal over a preference

A project engineer reviewing a door hardware submittal says the proposed finish "looks cheap" and wants to return it as disapproved. The proposed finish meets every spec requirement in Section 08 71 00, including ANSI standard, material, and finish designation. The engineer has a strong personal preference for a different finish that is not named or required in the spec. What is the right call?