36.102 Definitions
Source: FAR 36.102 on acquisition.gov
FAR 36.102 establishes essential definitions for construction and architect-engineer contracting, ensuring all parties use consistent terminology for compliance and contract administration.
Overview
FAR 36.102 provides definitions for key terms used throughout FAR Part 36, which governs construction and architect-engineer contracts. Understanding these definitions is essential for proper interpretation and compliance with the requirements of this part. The section clarifies the meaning of terms such as "contract," "design," "design-bid-build," "design-build," "firm," "plans and specifications," "record drawings," and "two-phase design-build selection procedures." These definitions establish a common language for all parties involved in construction and architect-engineer contracting, ensuring consistency and clarity in contract administration and execution.
Key Rules
- Definition of Contract
- Refers specifically to construction or architect-engineer contracts unless otherwise specified.
- Design and Delivery Methods
- Defines "design," "design-bid-build," and "design-build" to distinguish between traditional and integrated project delivery methods.
- Firm and Documentation Terms
- Clarifies what constitutes a "firm" for architect-engineer services and defines key documentation such as "plans and specifications" and "record drawings."
- Two-Phase Design-Build Selection
- Explains the two-phase selection process for design-build contracts, referencing further details in Subpart 36.3.
Responsibilities
- Contracting Officers: Must apply these definitions when interpreting and administering contracts under FAR Part 36.
- Contractors: Should understand and use these terms correctly in proposals, performance, and documentation.
- Agencies: Ensure all parties use consistent terminology to avoid misunderstandings and disputes.
Practical Implications
- This section exists to standardize terminology, reducing ambiguity and potential disputes in construction and architect-engineer contracting.
- Accurate understanding of these terms is critical for compliance, proposal preparation, contract performance, and dispute resolution.
- Misinterpretation of these definitions can lead to compliance issues or contract mismanagement.
As used in this part-
Contract is intended to refer to a contract for construction or a contract for architect-engineer services, unless another meaning is clearly intended.
Design means defining the construction requirement (including the functional relationships and technical systems to be used, such as architectural, environmental, structural, electrical, mechanical, and fire protection), producing the technical specifications and drawings, and preparing the construction cost estimate.
Design-bid-build means the traditional delivery method where design and construction are sequential and contracted for separately with two contracts and two contractors.
Design-build means combining design and construction in a single contract with one contractor.
Firm in conjunction with architect-engineer services, means any individual, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering.
Plans and specifications means drawings, specifications, and other data for and preliminary to the construction.
Record drawings means drawings submitted by a contractor or subcontractor at any tier to show the construction of a particular structure or work as actually completed under the contract.
Two-phase design-build selection procedures is a selection method in which a limited number of offerors (normally five or fewer) is selected during Phase One to submit detailed proposals for Phase Two (see subpart 36.3).