Why Part 36 Matters

Construction contracts have unique statutory requirements: Davis-Bacon prevailing wages, Miller Act bonding, and specific small business set-aside rules. The Brooks Act's QBS process for A-E services is fundamentally different from standard competitive procurement — price competition is prohibited in the selection phase. Design-build under Subpart 36.3 is increasingly favored for its efficiency but involves different evaluation and source selection approaches. Contractors must understand bid guarantee, performance bond, and payment bond requirements.

Key Topics in Part 36

FAR Part 36 addresses several critical areas of the federal acquisition process. Understanding these topics is essential for both contracting officers and contractors working within this regulatory framework.

• Brooks Act — A-E qualification-based selection (Subpart 36.6)
• Sealed bidding preference for construction
• Design-build procedures (Subpart 36.3)
• Davis-Bacon Act integration (cross-reference Part 22)
• Miller Act bonding requirements (cross-reference Part 28)
• Construction contract administration
• A-E contract negotiation procedures
• Two-phase design-build selection

How FAR Part 36 Applies

The Federal Acquisition Regulation is organized into 53 parts, each covering a distinct area of the procurement process. Part 36 (Construction and Architect-Engineer Contracts) is part of this framework and works in conjunction with other FAR parts to create a comprehensive regulatory structure. Contracting officers must comply with all applicable parts when executing procurement actions, and contractors must understand the requirements that flow from these regulations into their contracts.

The requirements in Part 36 may be implemented through specific contract clauses prescribed in FAR Part 52. When a clause references Part 36, the substantive requirements originate here, while Part 52 provides the actual clause language incorporated into contracts and solicitations.

Subparts

FAR Part 36 is divided into 7 subparts, each addressing a specific aspect of construction and architect-engineer contracts.

• 36.1 — General
• 36.2 — Special Aspects of Contracting for Construction
• 36.3 — Two-Phase Design-Build Selection Procedures
• 36.4 — Subpart 36.4—Commercial Practices [Reserved]
• 36.5 — Contract Clauses
• 36.6 — Architect-Engineer Services
• 36.7 — Standard and Optional Forms for Contracting for Construction, Architect-Engineer Services, and Dismantling, Demolition, or Removal of Improvements

Reading FAR Part 36

The full text of FAR Part 36 is available on the Electronic Code of Federal Regulations (eCFR). The eCFR provides the most current version of the regulation, including any recent amendments published through Federal Acquisition Circulars (FACs). For historical versions, use the eCFR's point-in-time search feature.

• What does FAR Part 36 cover?

  FAR Part 36 covers construction and architect-engineer contracts within the federal acquisition process. FAR Part 36 covers construction and architect-engineer (A-E) contracts. Subpart 36.1 establishes general construction contracting policies including the requirement for sealed bidding when conditions are met. Subpart 36.6 implements the Brooks Act requirements for A-E selection, mandating qualification-based selection (QBS) where firms are ranked on competence and qualifications and price is negotiated only with the most qualified firm. Subpart 36.2 addresses special aspects of contracting for construction including design-build.

• Who must comply with FAR Part 36?

  FAR Part 36 applies to all executive branch agencies conducting acquisitions, unless a specific exemption exists. Contractors must comply with the requirements that are incorporated into their contracts through prescribed clauses from FAR Part 52. Agency-specific supplements (DFARS, GSAM, etc.) may add additional requirements beyond the base FAR.

• Where can I read the full text of FAR Part 36?

  The full text is available on the Electronic Code of Federal Regulations (eCFR). You can also access it through acquisition.gov, which is maintained by the General Services Administration. Both sources reflect the most current version of the regulation.

• How does FAR Part 36 relate to contract clauses?

  FAR Part 36 establishes the substantive policies and procedures. The actual clause language that gets incorporated into contracts is found in FAR Part 52. Each clause in Part 52 includes a "prescription" that references the relevant policy part, creating a direct link between the requirement and its implementation in the contract.