FAR 36.5—Subpart 36.5

Scope of subpart.

FAR 36.500 is the scope statement for FAR Subpart 36.5, and it tells contracting personnel what kinds of contracts this subpart is meant to cover and how it fits with the rest of the FAR. Specifically, it addresses solicitations and contracts for construction, as well as contracts for dismantling, demolition, or removal of improvements. It also makes clear that this subpart does not stand alone: other FAR provisions and clauses prescribed elsewhere must still be included when their separate prescription conditions are met. In practice, this section is a roadmap for clause selection in construction-related acquisitions, helping contracting officers identify the special clauses governed by Subpart 36.5 while also reminding them to apply all other applicable FAR clauses. For contractors, it signals that construction and demolition work often carries a layered set of contract terms, not just the clauses in this subpart. The practical significance is that compliance depends on both the specific construction-focused clauses in Subpart 36.5 and the broader FAR clause prescriptions that may apply based on the acquisition’s facts.

Performance of work by the contractor.

FAR 36.501 addresses the "performance of work by the contractor" requirement for construction contracts, especially larger projects. It requires the contractor to self-perform a significant portion of the work with its own forces, and it tells the contracting officer to state that requirement as a minimum percentage in the contract. The rule also explains how that percentage should be set: high enough to ensure real contractor involvement and supervision, but balanced against the need for customary specialty subcontracting and the size and complexity of the project. It specifically notes that specialty trades such as plumbing, heating, and electrical work are usually subcontracted and generally should not be counted when determining the contractor’s required self-performance share. Finally, the section tells contracting officers when to include the clause at 52.236-1, Performance of Work by the Contractor, including a general requirement to insert it and a limited exception for certain set-aside or special program awards involving fixed-price construction contracts expected to exceed $2 million. In practice, this section is about preventing pass-through performance on construction jobs, preserving contractor accountability, and ensuring the prime contractor has enough direct involvement to manage quality, schedule, and supervision.

Differing site conditions.

FAR 36.502 tells contracting officers when to include the Differing Site Conditions clause at FAR 52.236-2 in construction-related solicitations and contracts. It applies to fixed-price construction contracts and fixed-price contracts for dismantling, demolition, or removal of improvements, and it distinguishes between contracts expected to exceed the simplified acquisition threshold and those at or below it. The rule is designed to reduce pricing uncertainty and disputes by allocating the risk of unknown physical conditions at the site through a standard contract clause. In practice, this means the contracting officer must decide whether the clause is mandatory or optional based on contract type and dollar value, and then ensure the solicitation and resulting contract include the clause when required. For contractors, the clause is important because it provides a contractual path for equitable adjustment if actual site conditions differ materially from what was indicated in the contract or from what a reasonable site investigation would have revealed. For agencies, the rule helps promote fair competition, more accurate pricing, and fewer claims by making the differing site conditions process part of the contract up front.

Site investigation and conditions affecting the work.

FAR 36.503 tells contracting officers when to include the clause at 52.236-3, Site Investigation and Conditions Affecting the Work, in solicitations and contracts. It applies to fixed-price construction contracts and fixed-price contracts for dismantling, demolition, or removal of improvements, and it distinguishes between contracts expected to exceed the simplified acquisition threshold and those at or below it. The rule is designed to make sure offerors have an opportunity to inspect the site and understand existing conditions before pricing the work, which helps reduce disputes over differing site conditions, hidden obstacles, access issues, and other physical realities that can affect performance. In practice, this section is about risk allocation and informed pricing: the Government must decide when the clause is mandatory versus optional, and contractors must treat site investigation as part of their preaward due diligence. The section matters because failure to include the clause when required can create solicitation defects, while failure to investigate can leave a contractor exposed to avoidable cost and schedule problems.

Physical data.

FAR 36.504 tells contracting officers when to include the Physical Data clause at FAR 52.236-4 in construction solicitations and contracts. It applies when a fixed-price construction contract is contemplated and the government will furnish or make available physical data to offerors, such as test borings, hydrographic data, or weather conditions data. The section exists to make sure bidders know what site-related information the government is providing and to reduce disputes over reliance on that information during pricing and performance. In practice, it helps establish a clear record that certain physical data was available to all offerors, which supports fair competition and more accurate bids. It also signals that the government is sharing information, but not necessarily guaranteeing every aspect of site conditions beyond what the contract and clause provide. For contractors, this section matters because it affects how they evaluate site risk, prepare proposals, and document any assumptions based on government-furnished data.

Material and workmanship.

FAR 36.505 is a very short prescription rule, but it serves an important function in construction contracting: it requires the contracting officer to include the clause at 52.236-5, Material and Workmanship, in solicitations and contracts for construction. In practice, this section is about ensuring that every construction procurement carries the standard contractual language that governs acceptable materials and workmanship standards. It does not itself define the substantive quality requirements; instead, it directs the use of the clause that addresses how materials and workmanship are to be evaluated and what happens when the contractor proposes alternatives. The section matters because it makes the clause mandatory for construction contracts, helping create consistency across federal construction acquisitions and reducing disputes over whether the government can accept equivalent materials or methods. For contracting officers, it is a simple but essential checklist item. For contractors, it signals that material substitutions and workmanship expectations will be controlled by the incorporated clause, not left to informal understanding.

Superintendence by the contractor.

FAR 36.506 tells contracting officers when to include the clause at 52.236-6, Superintendence by the Contractor, in solicitations and contracts. It applies to fixed-price construction contracts and fixed-price contracts for dismantling, demolition, or removal of improvements, and it distinguishes between contracts expected to exceed the simplified acquisition threshold and those at or below it. The rule is about ensuring the government requires clear contractor leadership and on-site supervision for work that is physically intensive, safety-sensitive, and often performed in active or controlled environments. In practice, it helps the government make sure the contractor—not the government—provides day-to-day direction, coordination, and control of the work. This section is important because it ties a standard construction management requirement to the acquisition threshold and gives contracting officers discretion in smaller fixed-price jobs.

Permits and responsibilities.

FAR 36.507 tells contracting officers when they must include the clause at 52.236-7, Permits and Responsibilities, in construction-related solicitations and contracts. It applies to fixed-price or cost-reimbursement construction contracts, and to fixed-price contracts for dismantling, demolition, or removal of improvements. The section is short, but it is important because it shifts attention to the contractor’s duty to obtain and pay for the permits, licenses, and approvals needed to perform the work, rather than assuming the Government will secure them. In practice, this clause helps avoid disputes over who is responsible for local, state, or other regulatory authorizations, and it reminds both sides to identify permit needs early in planning and pricing. It also matters because failure to include the clause when required can create ambiguity about compliance responsibilities on projects where permits are often critical to schedule, cost, and lawful performance.

Other contracts.

FAR 36.508 tells contracting officers when to include the clause at 52.236-8, Other Contracts, in construction-related solicitations and contracts. It applies to fixed-price construction contracts and fixed-price contracts for dismantling, demolition, or removal of improvements, and it distinguishes between acquisitions expected to exceed the simplified acquisition threshold and those at or below it. The rule is designed to protect the Government’s interests by addressing how other contracts may affect the work site, sequencing, access, safety, and coordination among multiple contractors performing related work. In practice, this section matters because construction projects often involve overlapping contractors, and the clause helps establish expectations for cooperation and coordination. For contracting officers, the section is a clause-coverage rule: when the threshold and contract type conditions are met, the clause must be included; when the acquisition is at or below the threshold, inclusion is discretionary. For contractors, it signals that their performance may be affected by other ongoing or future contracts at the same location or on related work.

Protection of existing vegetation, structures, equipment, utilities, and improvements.

FAR 36.509 tells contracting officers when to include the clause at 52.236-9, Protection of Existing Vegetation, Structures, Equipment, Utilities, and Improvements, in construction-related solicitations and contracts. It covers two contract types: fixed-price construction contracts and fixed-price contracts for dismantling, demolition, or removal of improvements. It also distinguishes between contracts expected to exceed the simplified acquisition threshold, where the clause must be inserted, and contracts at or below the threshold, where the clause may be inserted at the contracting officer’s discretion. The purpose is to protect government-owned or otherwise existing site assets from avoidable damage during performance and to allocate responsibility for care, preservation, and repair issues in a clear contract term. In practice, this section helps ensure bidders understand site-protection obligations before pricing the work and gives the Government a contractual basis to address damage to vegetation, utilities, structures, equipment, and improvements that already exist at the worksite.

Operations and storage areas.

FAR 36.510 tells contracting officers when to include the clause at 52.236-10, Operations and Storage Areas, in construction-related solicitations and contracts. It applies to fixed-price construction contracts and fixed-price contracts for dismantling, demolition, or removal of improvements, and it distinguishes between actions expected to exceed the simplified acquisition threshold and those at or below it. The rule is mandatory above the simplified acquisition threshold and permissive at or below it. In practice, this section matters because it ensures the Government can control how contractors use project sites for operations, staging, and storage, which affects safety, site access, property protection, and orderly performance. It also helps contracting officers apply the clause consistently based on contract type and dollar threshold, rather than inserting it indiscriminately into every construction-related procurement.

Use and possession prior to completion.

FAR 36.511 tells contracting officers when to include the clause at 52.236-11, Use and Possession Prior to Completion, in fixed-price construction solicitations and contracts. The section covers two related topics: mandatory use of the clause when a fixed-price construction contract is contemplated and the expected award amount exceeds the simplified acquisition threshold, and permissive use of the clause when the expected amount is at or below that threshold. In practice, this rule addresses situations where the Government may need to occupy, use, or take possession of all or part of a construction project before final completion and acceptance. The clause helps allocate risk, define responsibilities, and protect both the Government and the contractor when early use or occupancy could affect performance, safety, warranty, inspection, or completion issues. For contracting officers, the section is a solicitation-and-contract drafting instruction; for contractors, it signals that the Government may seek early use rights and that the contract should account for those rights up front.

Cleaning up.

FAR 36.512 tells contracting officers when to include the clause at 52.236-12, Cleaning Up, in construction-related solicitations and contracts. It applies to fixed-price construction contracts and fixed-price contracts for dismantling, demolition, or removal of improvements, and it distinguishes between contracts expected to exceed the simplified acquisition threshold and those at or below it. The rule makes the clause mandatory above the threshold and discretionary at or below the threshold. In practice, this section is about ensuring the contractor is contractually responsible for removing debris, waste, and other cleanup materials associated with the work, so the site is left in the condition required by the contract. It matters because cleanup obligations can affect pricing, performance planning, safety, environmental compliance, and final acceptance of the work. For contracting officers, it is a clause-selection rule; for contractors, it is a notice that cleanup responsibilities may be expressly required and priced into the offer.

Accident prevention.

FAR 36.513 addresses when the contracting officer must or may include the Accident Prevention clause at FAR 52.236-13 in construction and certain service contracts, and when the clause must be used with Alternate I. It covers fixed-price construction contracts, fixed-price dismantling/demolition/removal of improvements contracts, and service contracts performed at Government facilities when technical representatives say special precautions are needed. The section also addresses when the contracting officer should notify OSHA or other appropriate Federal, State, or local officials if the contractor has been told to take immediate action to correct a serious or imminent danger. In practice, this rule is about building safety and hazard-control requirements into the contract at the outset, so the Government can require preventive measures, reduce workplace accidents, and respond quickly when dangerous conditions arise. It matters both for contract formation—deciding whether the clause is mandatory, discretionary, or mandatory with Alternate I—and for post-award administration, because it supports enforcement of immediate corrective action and coordination with safety regulators.

Availability and use of utility services.

FAR 36.514 tells contracting officers when to include the clause at 52.236-14, Availability and Use of Utility Services, in construction-related solicitations and contracts. It applies only when the Government is contemplating a fixed-price construction contract or a fixed-price dismantling, demolition, or removal of improvements contract, the work will be performed on a Government site, and the contracting officer determines both that the existing utility systems can meet the needs of the Government and the contractor and that providing those utilities is in the Government’s interest. The section also requires the contracting officer to identify in the contract which utilities are available. In practice, this rule is about deciding whether the contractor may rely on Government-provided utilities at the site, rather than arranging all utility support independently. It matters because utility availability can affect pricing, site logistics, performance planning, safety, and responsibility for interruptions or limitations in service. The section helps avoid disputes by making the utility arrangement explicit in the contract documents.

Schedules for construction contracts.

FAR 36.515 addresses when a contracting officer may include the clause at 52.236-15, Schedules for Construction Contracts, in a solicitation or contract. It applies to fixed-price construction contracts expected to exceed the simplified acquisition threshold when the actual period of performance will be more than 60 days, and it also allows use for shorter jobs if an unusual situation justifies the requirement. The section is about schedule control in construction contracting: it gives the Government a way to require a contractor to prepare and follow a detailed progress schedule so the contracting officer can monitor performance and identify delays early. It also warns against mixing this clause with other clauses that use different management approaches to ensure adequate progress, because overlapping schedule-control mechanisms can create confusion, duplication, or inconsistent enforcement. In practice, this provision helps agencies manage construction timelines, but it should be used selectively and only when the contract facts support it.

Quantity surveys.

FAR 36.516 addresses when the government may use the Quantity Surveys clause at 52.236-16 in fixed-price construction contracting. It covers two related topics: first, the contracting officer’s discretion to include the clause in solicitations and contracts when the work is priced by unit items and payment will be based on quantity surveys; and second, the special situation in which the government wants the contractor to perform the original and final surveys because government personnel cannot practicably do them. The section exists to support accurate measurement of work performed so that payment reflects actual quantities rather than estimates, which is especially important in unit-priced construction contracts. In practice, this provision helps establish who measures the work, when the clause should be inserted, and when the alternate version of the clause must be used. It also signals that the decision to shift survey performance to the contractor is not made solely by the contracting officer; it must be determined at a higher level. For contractors and contracting officers, the section matters because survey responsibility affects pricing, administration, documentation, and payment accuracy.

Layout of work.

FAR 36.517 tells contracting officers when to include the clause at 52.236-17, Layout of Work, in construction solicitations and contracts. It applies only when a fixed-price construction contract is contemplated, and only when the government needs accurate work layout and siting verification during performance. In practice, this section is about making sure the contractor lays out the work correctly on the site and that the government has a contractual tool to verify that the work is positioned as intended before construction proceeds too far. It helps prevent costly errors, rework, disputes over location or alignment, and problems caused by incorrect staking, grading, or placement of improvements. The section is short, but it is important because it ties the need for field verification to the decision to use the Layout of Work clause in the solicitation and contract.

Work oversight in cost-reimbursement construction contracts.

FAR 36.518 is a very short but important prescription rule for cost-reimbursement construction contracting. It tells contracting officers to include the clause at 52.236-18, Work Oversight in Cost-Reimbursement Construction Contracts, whenever a cost-reimbursement construction contract is contemplated. In practice, this section does not itself describe the contractor’s work-oversight duties or the detailed mechanics of oversight; instead, it directs the government to use the required clause so those duties and expectations are built into the solicitation and contract. The topic covered here is therefore the clause prescription for cost-reimbursement construction work, not the substantive oversight procedures themselves. Its practical significance is that it ensures the government has a contractual basis for monitoring and directing work on construction projects where the final cost is not fixed in advance, which is especially important because cost-reimbursement arrangements require closer administration and clearer oversight controls than fixed-price construction contracts.

Organization and direction of the work.

FAR 36.519 is a very short prescription rule, but it serves an important administrative purpose in federal construction contracting. It tells contracting officers when they must include the clause at 52.236-19, Organization and Direction of the Work, in solicitations and contracts: whenever a cost-reimbursement construction contract is contemplated. In practice, this means the section is not about how the work is performed or how the clause operates in detail; instead, it is about ensuring the proper clause is included at the right time in the acquisition package. The topic covered is therefore limited to clause prescription for cost-reimbursement construction contracts, and it ties directly to solicitation drafting, contract formation, and compliance with FAR clause requirements. Its practical significance is that it helps ensure the Government has the contractual framework needed to address organization and direction issues in a cost-reimbursement construction environment, where the Government’s oversight and the contractor’s management responsibilities must be clearly defined. For contracting officers, this section is a checklist item that must be applied during solicitation and contract preparation. For contractors, it signals that the resulting contract will contain the standard clause governing organization and direction of the work.

Contracting by negotiation.

FAR 36.520 is a narrow but important prescription for negotiated construction acquisitions. It tells contracting officers that, when they are using negotiation rather than sealed bidding for a construction requirement, they must include the solicitation provision at 52.236-28, Preparation of Offers-Construction. In practice, this section ensures offerors receive the standardized instructions that govern how to prepare and submit construction offers in negotiated procurements. Its purpose is to promote consistent offer preparation, reduce ambiguity, and help the Government obtain comparable proposals that can be evaluated fairly. Although the rule is brief, it matters because omitting the required provision can create solicitation defects, confusion for offerors, and avoidable protest or evaluation risk. This section does not address award criteria, pricing methods, or construction contract administration; it is specifically about including the correct offer-preparation provision in negotiated construction solicitations.

Specifications and drawings for construction.

FAR 36.521 tells contracting officers when to include the clause at 52.236-21, Specifications and Drawings for Construction, in construction-related solicitations and contracts. It covers three main topics: mandatory use of the clause for fixed-price construction contracts and fixed-price dismantling, demolition, or removal of improvements contracts above the simplified acquisition threshold; discretionary use of the clause for those same fixed-price contracts at or below the simplified acquisition threshold; and the required selection of Alternate I or Alternate II when the Government needs record drawings, depending on whether reproducible shop drawings are needed. In practice, this section matters because it controls how the Government and contractor will handle specifications, drawings, and record-drawing deliverables on construction projects. It helps ensure the contract clearly addresses drawing responsibilities, reduces disputes over design documents, and supports accurate as-built records for future maintenance, operations, and renovations. For contractors, it signals when the clause will govern submittals and drawing obligations; for contracting officers, it is a drafting rule that must be applied correctly based on contract type, dollar threshold, and record-drawing needs.

Preconstruction conference.

FAR 36.522 addresses when and how the Government may require a preconstruction conference in construction-related acquisitions. It gives the contracting officer discretion to decide whether such a meeting would be desirable and, if so, requires the officer to include a clause substantially the same as FAR 52.236-26, Preconstruction Conference, in the solicitation and in fixed-price contracts for construction, as well as for dismantling, demolition, or removal of improvements. In practice, this section is about setting expectations before work starts: it helps the parties align on site access, safety, scheduling, submittals, coordination, and other startup issues that can affect performance. The rule is narrow but important because it ties the conference requirement to a specific contract clause, and it limits its use to the listed contract types. For contractors, it signals that a pre-award or pre-mobilization meeting may be part of the procurement and that attendance and preparation may be contractually required. For contracting officers, it provides a simple mechanism to formalize early coordination when the project’s complexity, site conditions, or stakeholder involvement make a kickoff meeting useful.

Site visit.

FAR 36.523 addresses when a contracting officer must include the Site Visit (Construction) solicitation provision, and it ties that requirement directly to two construction clauses: Differing Site Conditions at 52.236-2 and Site Investigations and Conditions Affecting the Work at 52.236-3. In practical terms, this section is about making sure offerors are given a fair opportunity to inspect the construction site before bidding, so they can better understand existing conditions, access issues, physical constraints, and other factors that may affect price, schedule, and performance risk. The section also recognizes that site visits may be handled in different ways, because it allows use of Alternate I when the agency will conduct an organized site visit. This matters because site visits can reduce misunderstandings, limit later disputes over site conditions, and support more accurate and competitive proposals. For contracting officers, it is a solicitation-preparation requirement; for contractors, it is a signal to investigate the site carefully before submitting an offer, especially where site conditions may affect performance or claims.