FAR 36.102—Definitions.
Plain-English Summary
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.
Key Rules
Part-specific use of “contract”
In this part, “contract” generally means a contract for construction or architect-engineer services unless the context clearly shows a different meaning. This prevents confusion when Part 36 uses the word in provisions that apply only to those acquisition types.
Meaning of “design”
Design includes defining the construction requirement, including functional relationships and technical systems, producing technical specifications and drawings, and preparing the construction cost estimate. The definition makes clear that design is broader than drawing preparation alone and includes the technical planning needed to support construction.
Design-bid-build delivery
Design-bid-build is the traditional method where design and construction are separate and sequential, using two contracts and two contractors. The design is completed before construction is awarded, so responsibility is split between the designer and the builder.
Design-build delivery
Design-build combines design and construction in a single contract with one contractor. This shifts more integration and coordination responsibility to the design-build contractor and is a distinct acquisition approach from design-bid-build.
A-E “firm” definition
For architect-engineer services, “firm” means any individual or legal entity permitted by law to practice architecture or engineering. This definition helps identify who is eligible to perform A-E work under the applicable professional and legal requirements.
Scope of “plans and specifications”
Plans and specifications include drawings, specifications, and other data for and preliminary to construction. The term covers the full set of preconstruction technical documents, not just the final drawings.
Meaning of “record drawings”
Record drawings are drawings submitted by a contractor or subcontractor at any tier showing the work as actually completed. They document the as-built condition and are important for closeout, maintenance, and future modifications.
Two-phase design-build selection
Two-phase design-build selection procedures use a first phase to narrow the field, normally to five or fewer offerors, before requesting detailed Phase Two proposals. This definition points users to Subpart 36.3 for the detailed rules governing that selection method.
Responsibilities
Contracting Officer
Use these definitions correctly when structuring solicitations, selecting delivery methods, and drafting contract requirements under FAR Part 36. Distinguish between design-bid-build and design-build, identify whether A-E services are involved, and ensure the acquisition approach matches the intended project delivery method.
Agency / Requiring Activity
Describe the project requirement in terms consistent with Part 36, including whether the effort requires design services, construction, or both. Provide accurate technical information, cost estimates, and document requirements such as plans, specifications, and record drawings.
Architect-Engineer Firm or Individual
Confirm that the entity is legally permitted to practice architecture or engineering and perform the design work required under the contract. Prepare designs, technical specifications, drawings, and cost estimates as required by the acquisition and applicable professional standards.
Construction Contractor
In construction contracts, build in accordance with the plans and specifications and provide record drawings showing the work as actually completed when required. In design-build contracts, coordinate design and construction responsibilities as assigned under the single contract.
Subcontractors at Any Tier
When they perform work affecting the final installed condition, support the preparation of record drawings that accurately reflect the completed work. Provide information needed to document the as-built condition for the prime contractor’s closeout deliverables.
Practical Implications
These definitions control how an acquisition is planned, so mislabeling a project as design-bid-build when it is really design-build can lead to flawed solicitations and evaluation criteria.
The definition of design is broader than many people assume; if the team overlooks cost estimating, technical systems integration, or functional relationships, the design package may be incomplete.
Record drawings are often confused with shop drawings or redlines, but the rule is about documenting what was actually built, which is critical for turnover and facility management.
For A-E work, eligibility to practice under law matters; contracting officers should verify that the selected firm can legally provide the required professional services.
Two-phase design-build is a specialized source-selection process, so teams should not use it casually without following Subpart 36.3 and planning for the two-step competition structure.
Official Regulatory Text
As used in this part- Contract is intended to refer to a contract for construction or a contract for architect-engineer services, unless another meaning is clearly intended. Design means defining the construction requirement (including the functional relationships and technical systems to be used, such as architectural, environmental, structural, electrical, mechanical, and fire protection), producing the technical specifications and drawings, and preparing the construction cost estimate. Design-bid-build means the traditional delivery method where design and construction are sequential and contracted for separately with two contracts and two contractors. Design-build means combining design and construction in a single contract with one contractor. Firm in conjunction with architect-engineer services, means any individual, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering. Plans and specifications means drawings, specifications, and other data for and preliminary to the construction. Record drawings means drawings submitted by a contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract. Two-phase design-build selection procedures is a selection method in which a limited number of offerors (normally five or fewer) is selected during Phase One to submit detailed proposals for Phase Two (see subpart 36.3 ).