Part 36
Construction and Architect-Engineer Contracts
FAR Part 36 provides the foundational rules and procedures for federal construction and architect-engineer contracting, ensuring consistency, compliance, and effective project delivery.
Overview
FAR Part 36 establishes the policies, procedures, and requirements for contracting for construction and architect-engineer (A-E) services within the federal government. It covers the full lifecycle of construction and A-E contracts, including solicitation, evaluation, award, contract administration, and specific contract clauses. The part is organized into subparts that address general requirements, special aspects of construction contracting, two-phase design-build selection, contract clauses, A-E services, and the use of standard and optional forms. This structure ensures that contracting professionals have clear guidance for each stage and type of construction or A-E procurement.
Key Rules
- General Requirements
- Outlines definitions, applicability, and general contracting methods for construction and A-E contracts.
- Special Aspects of Construction Contracting
- Addresses evaluation of contractor performance, specifications, cost estimates, statutory limitations, liquidated damages, and site inspections.
- Two-Phase Design-Build Selection
- Provides procedures for using a two-phase selection process for design-build contracts, including scope and evaluation criteria.
- Contract Clauses
- Lists mandatory and optional clauses for construction contracts, covering topics like site conditions, accident prevention, and work oversight.
- Architect-Engineer Services
- Details policies and procedures for selecting, negotiating, and administering A-E contracts, including public announcements and evaluation criteria.
- Standard and Optional Forms
- Specifies the forms required for construction, A-E, and demolition contracts.
Responsibilities
- Contracting Officers: Ensure compliance with FAR Part 36 throughout the acquisition process, including proper solicitation, evaluation, and contract administration.
- Contractors: Adhere to requirements in solicitations and contracts, including performance standards, reporting, and use of specified forms.
- Agencies: Oversee acquisition planning, ensure statutory and regulatory compliance, and maintain records of contractor performance.
Practical Implications
- FAR Part 36 provides a comprehensive framework for federal construction and A-E contracting, reducing ambiguity and standardizing processes.
- It impacts daily contracting by specifying procedures, required clauses, and forms, helping avoid common pitfalls such as incomplete solicitations or noncompliance with statutory limits.
- Understanding the structure and requirements of this part is essential for successful contract execution and compliance.