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Tool Name: AI-Powered FAR Navigator Tool by CLEATUS AI
Purpose: To simplify and accelerate the process of understanding the Federal Acquisition Regulation (FAR) for government contractors.
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- Highlights relationships and dependencies between different FAR sections and clauses.
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- Includes a free-to-use search and navigation tool.
Target Audience: Small-to-mid-sized government contractors, proposal writers, and compliance officers who need to quickly understand FAR requirements.
Primary Benefit: Reduces the time and effort required to interpret complex legal and regulatory language, improving efficiency and compliance.

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36.103 - Methods of contracting | FAR Navigator

36.103

Methods of contracting

FAR 36.103 mandates sealed bidding for most construction contracts and negotiation for architect-engineer services, with specific exceptions based on location and service type.

Overview

FAR 36.103 outlines the required methods of contracting for construction and architect-engineer (A-E) services. It mandates that contracting officers use sealed bidding for construction contracts when the conditions in FAR 6.401(a) are met, except for contracts performed outside the United States and its outlying areas. For architect-engineer services, the regulation requires acquisition by negotiation, following the procedures in FAR Subpart 36.6 and relevant agency regulations. This section ensures that the appropriate contracting method is selected based on the type of service and location of performance, promoting compliance with federal acquisition policies.

Key Rules

Sealed Bidding for Construction Contracts
- Use sealed bid procedures for construction contracts if FAR 6.401(a) conditions apply, unless the work is outside the U.S. and its outlying areas.
Negotiation for Architect-Engineer Services
- Acquire architect-engineer services through negotiation, following FAR Subpart 36.6 and applicable laws and agency rules.

Responsibilities

Contracting Officers: Must determine the correct contracting method based on contract type and location, and follow all applicable procedures and regulations.
Contractors: Should be aware of the solicitation method (sealed bidding or negotiation) and prepare proposals or bids accordingly.
Agencies: Must ensure oversight and compliance with the prescribed contracting methods and maintain adherence to legal and regulatory requirements.

Practical Implications

This section clarifies when to use sealed bidding versus negotiation, reducing ambiguity in procurement planning.
It impacts how contractors prepare their submissions and what to expect in the solicitation process.
Common pitfalls include misapplying the contracting method or overlooking exceptions for overseas contracts.

Architect-Engineer Services

Construction Contracts

Contracts Performed in the United States

Contracts Performed Outside the United States

Acquire architect-engineer services by negotiation, not sealed bidding.

Do not use sealed bidding for construction contracts performed outside the U.S. and its outlying areas.

Ensure compliance with applicable laws for both construction and architect-engineer contracts.

Follow FAR Subpart 36.6 and agency regulations when selecting architect-engineer sources.

Use sealed bidding for construction contracts if FAR 6.401(a) conditions are met.

References done in this section

6.401Sealed bidding and competitive proposals

36.1General

36.6Architect-Engineer Services

36.103

Methods of contracting

FAR 36.103 mandates sealed bidding for most construction contracts and negotiation for architect-engineer services, with specific exceptions based on location and service type.

Overview

Key Rules

Sealed Bidding for Construction Contracts
- Use sealed bid procedures for construction contracts if FAR 6.401(a) conditions apply, unless the work is outside the U.S. and its outlying areas.
Negotiation for Architect-Engineer Services
- Acquire architect-engineer services through negotiation, following FAR Subpart 36.6 and applicable laws and agency rules.

Responsibilities

Contracting Officers: Must determine the correct contracting method based on contract type and location, and follow all applicable procedures and regulations.
Contractors: Should be aware of the solicitation method (sealed bidding or negotiation) and prepare proposals or bids accordingly.
Agencies: Must ensure oversight and compliance with the prescribed contracting methods and maintain adherence to legal and regulatory requirements.

Practical Implications

This section clarifies when to use sealed bidding versus negotiation, reducing ambiguity in procurement planning.
It impacts how contractors prepare their submissions and what to expect in the solicitation process.
Common pitfalls include misapplying the contracting method or overlooking exceptions for overseas contracts.

Architect-Engineer Services

Construction Contracts

Contracts Performed in the United States

Contracts Performed Outside the United States

Acquire architect-engineer services by negotiation, not sealed bidding.

Do not use sealed bidding for construction contracts performed outside the U.S. and its outlying areas.

Ensure compliance with applicable laws for both construction and architect-engineer contracts.

Follow FAR Subpart 36.6 and agency regulations when selecting architect-engineer sources.

Use sealed bidding for construction contracts if FAR 6.401(a) conditions are met.

References done in this section

6.401Sealed bidding and competitive proposals

36.1General

36.6Architect-Engineer Services

36.103

Methods of contracting

FAR 36.103 mandates sealed bidding for most construction contracts and negotiation for architect-engineer services, with specific exceptions based on location and service type.

Overview

Key Rules

Sealed Bidding for Construction Contracts
- Use sealed bid procedures for construction contracts if FAR 6.401(a) conditions apply, unless the work is outside the U.S. and its outlying areas.
Negotiation for Architect-Engineer Services
- Acquire architect-engineer services through negotiation, following FAR Subpart 36.6 and applicable laws and agency rules.

Responsibilities

Contracting Officers: Must determine the correct contracting method based on contract type and location, and follow all applicable procedures and regulations.
Contractors: Should be aware of the solicitation method (sealed bidding or negotiation) and prepare proposals or bids accordingly.
Agencies: Must ensure oversight and compliance with the prescribed contracting methods and maintain adherence to legal and regulatory requirements.

Practical Implications

This section clarifies when to use sealed bidding versus negotiation, reducing ambiguity in procurement planning.
It impacts how contractors prepare their submissions and what to expect in the solicitation process.
Common pitfalls include misapplying the contracting method or overlooking exceptions for overseas contracts.

36.103

Methods of contracting

FAR 36.103 mandates sealed bidding for most construction contracts and negotiation for architect-engineer services, with specific exceptions based on location and service type.

Overview

Key Rules

Sealed Bidding for Construction Contracts
- Use sealed bid procedures for construction contracts if FAR 6.401(a) conditions apply, unless the work is outside the U.S. and its outlying areas.
Negotiation for Architect-Engineer Services
- Acquire architect-engineer services through negotiation, following FAR Subpart 36.6 and applicable laws and agency rules.

Responsibilities

Contracting Officers: Must determine the correct contracting method based on contract type and location, and follow all applicable procedures and regulations.
Contractors: Should be aware of the solicitation method (sealed bidding or negotiation) and prepare proposals or bids accordingly.
Agencies: Must ensure oversight and compliance with the prescribed contracting methods and maintain adherence to legal and regulatory requirements.

Practical Implications

This section clarifies when to use sealed bidding versus negotiation, reducing ambiguity in procurement planning.
It impacts how contractors prepare their submissions and what to expect in the solicitation process.
Common pitfalls include misapplying the contracting method or overlooking exceptions for overseas contracts.

36.103

Methods of contracting

FAR 36.103 mandates sealed bidding for most construction contracts and negotiation for architect-engineer services, with specific exceptions based on location and service type.

Overview

Key Rules

Sealed Bidding for Construction Contracts
- Use sealed bid procedures for construction contracts if FAR 6.401(a) conditions apply, unless the work is outside the U.S. and its outlying areas.
Negotiation for Architect-Engineer Services
- Acquire architect-engineer services through negotiation, following FAR Subpart 36.6 and applicable laws and agency rules.

Responsibilities

Contracting Officers: Must determine the correct contracting method based on contract type and location, and follow all applicable procedures and regulations.
Contractors: Should be aware of the solicitation method (sealed bidding or negotiation) and prepare proposals or bids accordingly.
Agencies: Must ensure oversight and compliance with the prescribed contracting methods and maintain adherence to legal and regulatory requirements.

Practical Implications

This section clarifies when to use sealed bidding versus negotiation, reducing ambiguity in procurement planning.
It impacts how contractors prepare their submissions and what to expect in the solicitation process.
Common pitfalls include misapplying the contracting method or overlooking exceptions for overseas contracts.

36.103

Methods of contracting

FAR 36.103 mandates sealed bidding for most construction contracts and negotiation for architect-engineer services, with specific exceptions based on location and service type.

Overview

Key Rules

Sealed Bidding for Construction Contracts
- Use sealed bid procedures for construction contracts if FAR 6.401(a) conditions apply, unless the work is outside the U.S. and its outlying areas.
Negotiation for Architect-Engineer Services
- Acquire architect-engineer services through negotiation, following FAR Subpart 36.6 and applicable laws and agency rules.

Responsibilities

Contracting Officers: Must determine the correct contracting method based on contract type and location, and follow all applicable procedures and regulations.
Contractors: Should be aware of the solicitation method (sealed bidding or negotiation) and prepare proposals or bids accordingly.
Agencies: Must ensure oversight and compliance with the prescribed contracting methods and maintain adherence to legal and regulatory requirements.

Practical Implications

This section clarifies when to use sealed bidding versus negotiation, reducing ambiguity in procurement planning.
It impacts how contractors prepare their submissions and what to expect in the solicitation process.
Common pitfalls include misapplying the contracting method or overlooking exceptions for overseas contracts.

Features

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Overview

Key Rules

Responsibilities

Practical Implications

Applicability

Compliance

Key Terms

Cross References

Overview

Key Rules

Responsibilities

Practical Implications

Applicability

Compliance

Key Terms

Cross References

Overview

Key Rules

Responsibilities

Practical Implications

Overview

Key Rules

Responsibilities

Practical Implications

Overview

Key Rules

Responsibilities

Practical Implications

Overview

Key Rules

Responsibilities

Practical Implications