FAR 36.500—Scope of subpart.
Plain-English Summary
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.
Key Rules
Applies to construction contracts
This subpart prescribes provisions and clauses for solicitations and contracts for construction. If the acquisition is for construction, the contracting officer must look to this subpart for the clauses it specifically governs.
Applies to demolition-related work
The subpart also covers dismantling, demolition, or removal of improvements contracts. These contracts are treated as within the scope of the subpart, so the prescribed provisions and clauses may apply even when the work is not traditional new construction.
Use prescribed clauses as directed
The subpart itself prescribes certain provisions and clauses for insertion in the solicitation and contract. Those clauses are not optional when the subpart applies; they must be inserted as required by the applicable prescription.
Other FAR clauses still apply
Clauses and provisions prescribed elsewhere in the FAR must also be used when their own prescription conditions are met. This means the contracting officer must perform a separate clause-by-clause applicability review beyond Subpart 36.5.
Clause selection is fact-specific
Whether a clause applies depends on the conditions stated in that clause’s prescription. The scope section requires the acquisition team to match the contract’s facts to the FAR prescriptions rather than assuming a construction contract uses only construction-specific clauses.
Responsibilities
Contracting Officer
Identify whether the procurement is for construction or for dismantling, demolition, or removal of improvements, then include the provisions and clauses prescribed by Subpart 36.5 and any other FAR clauses whose prescription conditions are satisfied.
Contract Specialist / Acquisition Team
Support clause selection by reviewing the acquisition type, work description, and applicable FAR prescriptions to ensure the solicitation and contract contain all required provisions and clauses.
Agency
Ensure its contracting personnel apply the correct FAR prescriptions for construction and demolition-related acquisitions and maintain consistent clause usage across solicitations and contracts.
Contractor
Review the solicitation and contract for all applicable construction-related and other FAR clauses, and comply with the full set of inserted provisions and clauses, not just those in Subpart 36.5.
Practical Implications
This section is a scope-and-cross-reference rule, so it is easy to overlook other FAR clauses that still apply; the biggest mistake is treating Subpart 36.5 as the only source of required clauses for construction work.
Contracting officers should use a checklist approach: first determine whether the work is construction or demolition/removal of improvements, then separately test other FAR clause prescriptions for applicability.
Contractors should expect layered requirements in construction solicitations and contracts, including clauses from outside Subpart 36.5 that may affect performance, reporting, payment, or administration.
For demolition or removal contracts, do not assume the clause set is the same as for new construction; the subpart expressly includes these work types, so the same clause-selection discipline applies.
Because applicability turns on the conditions in each clause’s prescription, small differences in scope, contract type, or work description can change which clauses must be included.
Official Regulatory Text
(a) This subpart prescribes provisions and clauses for insertion in solicitations and contracts for— (1) Construction; and (2) Dismantling, demolition, or removal of improvements contracts. (b) Provisions and clauses prescribed elsewhere in the Federal Acquisition Regulation (FAR) shall also be used in such solicitations and contracts when the conditions specified in the prescriptions for the provisions and clauses are applicable.