FAR 36.302—Scope of work.
Plain-English Summary
FAR 36.302 addresses how the Government must develop the scope of work for a construction project and what that scope should contain. It explains that the agency must prepare the scope of work either internally or by using a contractor, and that the scope must define the project and state the Government’s requirements. It also identifies common content that may be included in the scope of work, such as criteria, preliminary design information, budget parameters, and schedule or delivery requirements. The section further points to subpart 36.6 when the agency contracts out the development of the scope of work, which means the normal architect-engineer procurement procedures apply in that situation. In practice, this section matters because a clear, complete scope of work is the foundation for sound competition, accurate pricing, manageable contract administration, and reduced risk of disputes, change orders, and performance problems.
Key Rules
Agency must define the project
The agency is responsible for developing a scope of work that clearly defines the project and states the Government’s requirements. This is the baseline document that tells offerors and contractors what the Government wants to accomplish.
Scope may include key parameters
The scope of work may include criteria, preliminary design information, budget parameters, and schedule or delivery requirements. These items help shape the procurement and give industry enough information to propose or perform effectively.
Scope can be developed in-house
The agency may prepare the scope of work using its own personnel. This allows the Government to retain direct control over the project definition and requirements.
Scope can be contracted out
If the agency hires a contractor to develop the scope of work, it must use the procedures in subpart 36.6. That means the work must be acquired under the special rules for architect-engineer services rather than through an informal or ad hoc process.
Responsibilities
Agency
Develop the scope of work either internally or by contract; ensure it defines the project and states the Government’s requirements; decide whether to include criteria, preliminary design, budget parameters, and schedule or delivery requirements; and, if contracting for scope development, follow subpart 36.6 procedures.
Contracting Officer
Ensure the acquisition strategy uses an adequate scope of work and that any contract for scope development follows the required architect-engineer procedures in subpart 36.6. The contracting officer must also make sure the scope is sufficiently clear to support competition and contract administration.
Contractor developing the scope of work
If hired to prepare the scope, perform the work under the procedures in subpart 36.6 and provide a scope that accurately reflects the Government’s project definition and requirements.
Project/technical personnel
Provide technical input, criteria, preliminary design information, and schedule or budget constraints needed to build a complete and usable scope of work.
Practical Implications
A well-written scope of work is critical to getting realistic bids or proposals and avoiding later disputes about what was included in the job.
If the scope is vague, incomplete, or internally inconsistent, the project is more likely to experience change orders, delays, cost growth, and performance disagreements.
When the Government outsources scope development, it must not treat that as a routine drafting task; subpart 36.6 procedures apply and must be followed carefully.
Budget and schedule limits should be stated clearly enough to guide performance, but not so loosely that they create ambiguity about the Government’s actual needs.
Contracting officers should verify that the scope aligns with the acquisition method and that any preliminary design or criteria included are sufficient to support competition and pricing.
Official Regulatory Text
The agency shall develop, either in-house or by contract, a scope of work that defines the project and states the Government’s requirements. The scope of work may include criteria and preliminary design, budget parameters, and schedule or delivery requirements. If the agency contracts for development of the scope of work, the procedures in subpart 36.6 shall be used.