FAR 36.213-1—General.
Plain-English Summary
FAR 36.213-1 is a short but important cross-reference rule for construction acquisitions using sealed bidding. It tells contracting officers that the baseline procedures are the sealed-bidding rules in FAR part 14, but those rules are not used alone; they must be applied as modified and supplemented by the construction-specific requirements in FAR subpart 36.2. In practice, this means the contracting officer must start with the general sealed-bidding framework and then layer in the special construction policies, solicitation requirements, and evaluation practices that apply to construction contracts. The section does not itself create detailed procedures for bid opening, responsiveness, or award, but it establishes the governing relationship between part 14 and subpart 36.2. Its practical significance is that it prevents contracting officers from treating construction sealed bidding as a generic procurement and helps ensure construction solicitations and awards comply with both the general sealed-bidding rules and the construction-specific rules.
Key Rules
Use Part 14 Procedures
Contracting officers must follow the sealed-bidding procedures in FAR part 14. Those procedures remain the starting point for how bids are solicited, opened, evaluated, and awarded.
Apply Construction Modifications
Part 14 is not applied in isolation. The contracting officer must also follow the requirements in FAR subpart 36.2, which modify and supplement the general sealed-bidding rules for construction acquisitions.
Construction Rules Control When Applicable
Where subpart 36.2 adds a specific requirement or changes how a part 14 procedure works, the construction-specific rule governs the acquisition. The contracting officer must read the two sets of rules together.
Limited Scope of the Section
This section is a directive on which procedural framework to use; it does not itself prescribe the detailed steps. The actual operational requirements come from part 14 and the rest of subpart 36.2.
Responsibilities
Contracting Officer
Use FAR part 14 sealed-bidding procedures as the baseline for construction procurements and ensure those procedures are modified and supplemented by all applicable requirements in FAR subpart 36.2.
Agency
Ensure acquisition personnel understand that construction sealed bidding is governed by both part 14 and subpart 36.2, and provide oversight, templates, and training that reflect the combined requirements.
Contractor
Follow the solicitation and bidding instructions issued under the part 14 framework as adjusted by construction-specific requirements, and recognize that construction solicitations may contain additional rules beyond standard sealed bidding.
Practical Implications
For day-to-day use, this section is a reminder to check both part 14 and subpart 36.2 before issuing or responding to a construction IFB.
A common pitfall is applying generic sealed-bidding procedures without accounting for construction-specific requirements, which can lead to solicitation defects or protest risk.
Contracting officers should verify that the solicitation, evaluation method, and award process are consistent with both sets of rules before bids are opened.
Contractors should not assume construction sealed bidding works exactly like other sealed-bid procurements; the solicitation may include extra requirements that affect bid preparation and responsiveness.
Because this section is a cross-reference, the real compliance risk comes from missing the incorporated rules elsewhere in the FAR rather than from the text of 36.213-1 itself.
Official Regulatory Text
Contracting officers shall follow the procedures for sealed bidding in part 14 , as modified and supplemented by the requirements in this subpart.