36.101
Applicability
For construction and architect-engineer contracts, FAR Part 36 takes precedence over conflicting FAR parts, and mixed contracts must include clauses appropriate to the predominant work or each portion.
Overview
FAR 36.101 outlines the applicability of Part 36, which governs construction and architect-engineer contracts. It clarifies that these contracts are also subject to other FAR requirements unless there is a conflict, in which case Part 36 takes precedence for construction or architect-engineer acquisitions. For contracts that combine construction with supplies or services, the section instructs that the contract must include clauses relevant to the predominant type of work, or, if the contract is divided, clauses appropriate to each portion. This ensures that the correct regulatory requirements are applied based on the nature of the work being performed.
Key Rules
- General Applicability
- Construction and architect-engineer contracts must comply with all relevant FAR parts unless Part 36 specifically overrides them.
- Precedence of Part 36
- If there is a conflict between Part 36 and another FAR part, Part 36 prevails for construction or architect-engineer services.
- Mixed Contracts
- Contracts covering both construction and other supplies/services must use clauses for the predominant work or, if divided, apply appropriate clauses to each part.
Responsibilities
- Contracting Officers: Ensure correct FAR clauses are included based on the type and scope of work; resolve conflicts in favor of Part 36 for construction/architect-engineer contracts; properly classify mixed contracts.
- Contractors: Comply with all applicable clauses and requirements as determined by the contract type and scope.
- Agencies: Oversee that contracts are structured and administered in accordance with FAR 36.101 and related parts.
Practical Implications
- This section ensures clarity in applying FAR requirements to construction and architect-engineer contracts, especially when other types of work are involved. It helps avoid regulatory conflicts and ensures contracts are compliant with the most relevant rules. Common pitfalls include misclassifying the predominant work or failing to apply the correct clauses to mixed contracts.