FAR 36.1—Subpart 36.1

Applicability.

FAR 36.101 explains how Part 36 applies to construction and architect-engineer (A-E) acquisitions and how it interacts with the rest of the FAR. It covers three main topics: first, that construction and A-E contracts remain subject to other FAR parts whenever those requirements apply; second, that if Part 36 conflicts with another FAR part in a construction or A-E acquisition, Part 36 controls; and third, how to handle mixed contracts that combine construction with supplies or services. In practice, this section is a priority rule and clause-selection rule: it tells contracting officers which FAR provisions govern when multiple parts could apply, and it helps ensure the contract includes the right clauses for the work being bought. For contractors, it signals that construction and A-E procurements may follow special rules that override more general FAR provisions. For agencies, it reduces ambiguity in hybrid acquisitions by requiring either clauses tied to the predominant work or separate clauses for separate portions of the contract.

Definitions.

FAR 36.102 provides the core definitions used throughout FAR Part 36, which governs construction and architect-engineer (A-E) acquisitions. It defines how the part uses the term “contract,” what counts as “design,” and distinguishes the major project delivery methods of “design-bid-build” and “design-build.” It also defines “firm” in the A-E context, clarifies what is meant by “plans and specifications,” explains “record drawings,” and identifies “two-phase design-build selection procedures” as a specific source-selection method tied to Subpart 36.3. These definitions matter because they shape how agencies describe requirements, choose acquisition strategies, evaluate offers, manage design responsibility, and document completed construction. In practice, they help contracting officers, designers, and contractors use the same terminology when deciding whether a project is sequential or integrated, who is responsible for design versus construction, and what deliverables are required at each stage.

Methods of contracting.

FAR 36.103 explains the required contracting method for two specific types of construction-related acquisitions: construction contracts and architect-engineer (A-E) services. It tells contracting officers when they must use sealed bidding for construction, tying that decision to the conditions in FAR 6.401(a), and it also identifies an important exception for construction performed outside the United States and its outlying areas. In addition, it requires that A-E services be acquired by negotiation rather than sealed bidding, and that source selection for those services follow applicable law, FAR subpart 36.6, and agency regulations. In practice, this section matters because it limits the contracting officer’s discretion and ensures the acquisition method matches the nature of the work and the governing procurement rules. It also helps prevent improper use of price-only competition where qualifications and professional competence are central, especially for A-E work.

Policy.

FAR 36.104 states the Government’s policy for selecting acquisition methods for design and construction work, and for carrying out major construction projects in a way that supports sustainability, labor stability, and long-term asset performance. It covers when contracting officers must use two-phase selection procedures for design-and-construction contracts, when traditional design-bid-build or other legally authorized procedures may be used instead, and how agencies must apply high-performance sustainable building practices across new construction, modernization, renovation, repair, commissioning, operation and maintenance, management, and deconstruction. It also addresses special requirements for federally owned historic buildings, alternatives to renovation that reduce deferred maintenance, and waste diversion goals for construction and demolition debris. In addition, it requires project labor agreements for large Federal construction projects at or above $35 million unless an exception applies, and it directs contracting officers to conduct market research that meaningfully assesses local labor market conditions, including union and non-union participation. In practice, this section affects acquisition planning, source selection strategy, environmental and sustainability requirements, labor strategy, and early market research for major construction procurements.