36.104
Policy
FAR 36.104 requires sustainable building practices and project labor agreements for large federal construction projects, mandating specific acquisition procedures and compliance with environmental and labor standards.
Overview
FAR 36.104 establishes the core policy for acquiring design and construction services for public buildings, facilities, or works. It mandates the use of specific acquisition procedures, sustainable building practices, and project labor agreements for certain federal construction projects. The section aims to ensure that federal construction is efficient, sustainable, and compliant with statutory requirements.
Key Rules
- Acquisition Procedures for Design and Construction
- Unless using traditional design-bid-build or another authorized method, contracting officers must use two-phase selection procedures for design-build contracts if deemed appropriate.
- Sustainable Building Requirements
- Agencies must implement high-performance sustainable practices in design, construction, renovation, and maintenance, following the Council on Environmental Quality's Guiding Principles.
- New construction/modernization projects over 25,000 sq. ft. must meet or exceed these principles; renovations must use them to the greatest extent feasible.
- Agencies must seek alternatives to renovation that reduce deferred maintenance, use best practices for historic buildings, and divert at least 50% of non-hazardous construction/demolition waste.
- Project Labor Agreements (PLAs)
- For federal construction projects estimated at $35 million or more, agencies must require a PLA unless an exception applies.
- Market research for such projects must proactively assess union and contractor interest and availability in the project area.
Responsibilities
- Contracting Officers: Select appropriate acquisition procedures, ensure sustainable building compliance, require PLAs for large projects, and conduct thorough market research.
- Contractors: Comply with sustainable design/construction requirements, participate in PLAs when required, and support waste diversion and historic building practices.
- Agencies: Oversee implementation of sustainable practices, enforce PLA requirements, and ensure compliance with all statutory and regulatory mandates.
Practical Implications
- This section ensures federal construction is procured using efficient, competitive, and sustainable methods.
- Contractors must be prepared for sustainability requirements and labor agreements on large projects.
- Non-compliance can result in ineligibility for award or contract termination, making early understanding and planning essential.