FAR 36.101—Applicability.
Plain-English Summary
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.
Key Rules
Other FAR parts still apply
Construction and architect-engineer contracts are not isolated from the rest of the FAR. Requirements in other parts of the regulation must still be followed whenever they are applicable to the acquisition.
Part 36 controls conflicts
If a requirement in Part 36 conflicts with a requirement in another FAR part, Part 36 takes precedence when the acquisition involves construction or architect-engineer services. This makes Part 36 the controlling authority for those acquisitions.
Mixed contracts need proper clauses
A contract that includes both construction and supplies or services must include the clauses that apply to the predominant part of the work, with reference to Subpart 22.4 for labor standards issues. This prevents the contract from being governed by the wrong set of clauses.
Separate portions get separate clauses
If the contract is divided into distinct parts, the contracting officer must include the clauses applicable to each portion. This allows different requirements to attach to different segments of the same contract when the work is separable.
Responsibilities
Contracting Officer
Determine whether the acquisition is for construction, architect-engineering services, or a mixed contract; apply Part 36 when it conflicts with other FAR parts; and select the correct clauses based on the predominant work or on separately divided portions of the contract.
Agency
Structure the acquisition and solicitation so the applicable FAR requirements are identified correctly, especially in hybrid procurements, and ensure the contract includes the proper clauses for each type of work being acquired.
Contractor
Review the solicitation and contract to understand which requirements govern the work, recognize that Part 36 may override more general FAR provisions, and comply with the clauses that apply to the construction, A-E, supply, or service portions of the contract.
Practical Implications
This section is a conflict-resolution rule, so it matters most when another FAR part seems to point in a different direction. In construction and A-E buys, Part 36 is the tie-breaker.
Mixed contracts are a common source of mistakes. If the contract combines construction with supplies or services, the wrong clause set can create compliance problems, payment disputes, or labor standards issues.
The contracting officer must think in terms of the predominant work and separable portions, not just the contract title. A contract labeled as one thing may still require clauses from another part based on the actual scope.
Subpart 22.4 is specifically flagged for clause selection in mixed contracts, so labor standards coverage should be checked carefully whenever construction is involved.
For contractors, this section is a reminder to read the entire clause package closely. A construction or A-E contract may carry special requirements that differ from standard supply or service contracts.
Official Regulatory Text
(a) Construction and architect-engineer contracts are subject to the requirements in other parts of this regulation, which shall be followed when applicable. (b) When a requirement in this part is inconsistent with a requirement in another part of this regulation, this part 36 shall take precedence if the acquisition of construction or architect-engineer services is involved. (c) A contract for both construction and supplies or services shall include- (1) Clauses applicable to the predominant part of the work (see subpart 22.4 ), or (2) If the contract is divided into parts, the clauses applicable to each portion.