FAR Part 36 Construction and Architect-Engineer Contracts

Part Federal Acquisition Regulation

Part facts

Citation
FAR Part 36
Type
Part
Last amended
90 FR 41872 Effective Oct 1, 2025
Proposed changes
2
Text as of
FAC 2026-01
Official text
acquisition.gov

Text from acquisition.gov. Federal Register history from the Federal Register's records of the rules that amended this part.

Contents

  • 36.000 Scope of part
  • 36.001 Definitions
  • Subpart 36.1 General
  • Subpart 36.2 Special Aspects of Contracting for Construction
    • 36.201 Evaluation of contractor performance
    • 36.202 Specifications
    • 36.203 Government estimate of construction costs
    • 36.204 Disclosure of the magnitude of construction projects
    • 36.205 Statutory cost limitations
    • 36.206 Liquidated damages
    • 36.207 Pricing fixed-price construction contracts
    • 36.208 Concurrent performance of firm-fixed-price and other types of construction contracts
    • 36.209 Construction contracts with architect-engineer firms
    • 36.210 Inspection of site and examination of data
    • 36.211 Distribution of advance notices and solicitations
    • 36.212 Preconstruction orientation
    • 36.213 Special procedures for sealed bidding in construction contracting
    • 36.214 Special procedures for price negotiation in construction contracting
    • 36.215 Special procedure for cost-reimbursement contracts for construction
  • Subpart 36.3 Two-Phase Design-Build Selection Procedures
    • 36.300 Scope of subpart
    • 36.301 Use of two-phase design-build selection procedures
    • 36.302 Scope of work
    • 36.303 Procedures
  • Subpart 36.4 Reserved
  • Subpart 36.5 Contract Clauses
    • 36.500 Scope of subpart
    • 36.501 Performance of work by the contractor
    • 36.502 Differing site conditions
    • 36.503 Site investigation and conditions affecting the work
    • 36.504 Physical data
    • 36.505 Material and workmanship
    • 36.506 Superintendence by the contractor
    • 36.507 Permits and responsibilities
    • 36.508 Other contracts
    • 36.509 Protection of existing vegetation, structures, equipment, utilities, and improvements
    • 36.510 Operations and storage areas
    • 36.511 Use and possession prior to completion
    • 36.512 Cleaning up
    • 36.513 Accident prevention
    • 36.514 Availability and use of utility services
    • 36.515 Schedules for construction contracts
    • 36.516 Quantity surveys
    • 36.517 Layout of work
    • 36.518 Work oversight in cost-reimbursement construction contracts
    • 36.519 Organization and direction of the work
    • 36.520 Contracting by negotiation
    • 36.521 Specifications and drawings for construction
    • 36.522 Preconstruction conference
    • 36.523 Site visit
  • Subpart 36.6 Architect-Engineer Services
    • 36.600 Scope of subpart
    • 36.601 Policy
    • 36.602 Selection of firms for architect-engineer contracts
    • 36.603 Collecting data on and appraising firms qualifications
    • 36.604 Performance evaluation
    • 36.605 Government cost estimate for architect-engineer work
    • 36.606 Negotiations
    • 36.607 Release of information on firm selection
    • 36.608 Liability for Government costs resulting from design errors or deficiencies
    • 36.609 Contract clauses
  • Subpart 36.7 Standard and Optional Forms for Contracting for Construction, Architect-Engineer Services, and Dismantling, Demolition, or Removal of Improvements
    • 36.700 Scope of subpart
    • 36.701 Standard and optional forms for use in contracting for construction or dismantling, demolition, or removal of improvements
    • 36.702 Forms for use in contracting for architect-engineer services

Federal Register history

Final rule Published Effective
Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds 90 FR 41872 · FAC 2025-06, FAR Case 2024-001
Federal Acquisition Regulation; Technical Amendments 89 FR 101831 · FAC 2025-02
Federal Acquisition Regulation: Sustainable Procurement 89 FR 30212 · FAC 2024-05
Federal Acquisition Regulation: Use of Project Labor Agreements for Federal Construction Projects 88 FR 88708 · FAC 2024-02
Federal Acquisition Regulation: Update to Title 10 Citations 87 FR 73894 · FAC 2023-01
Federal Acquisition Regulation: Construction Contract Administration 87 FR 58227 · FAC 2022-08
Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds 85 FR 62485 · FAC 2021-01, FAR Case 2019-013, Docket No. FAR-2019-0013
Federal Acquisition Regulation; Technical Amendments 83 FR 42571 · FAC 2005-100
Federal Acquisition Regulation; Improvement in Design-Build Construction Process 81 FR 30447 · FAC 2005-88
Federal Acquisition Regulation; Technical Amendment 81 FR 11992 · FAC 2005-87
Federal Acquisition Regulation; Federal Contracting Programs for Minority-Owned and Other Small Businesses 79 FR 61746 · FAC 2005-77
Federal Acquisition Regulation; Positive Law Codification of Title 41 79 FR 24192 · FAC 2005-73
Federal Acquisition Regulation; Women-Owned Small Business (WOSB) Program 77 FR 12913 · FAC 2005-56 · Corrected Mar 9, 2012
Federal Acquisition Regulation; Brand-Name Specifications 77 FR 189 · FAC 2005-55
Federal Acquisition Regulation; Sustainable Acquisition 76 FR 31395 · FAC 2005-52
Federal Acquisition Regulation; Women-Owned Small Business (WOSB) Program 76 FR 18304 · FAC 2005-51
Federal Acquisition Regulation; Inflation Adjustment of Acquisition-Related Thresholds 75 FR 53129 · FAC 2005-45
Federal Acquisition Regulation; FAR Case 2009-015, Revocation of Executive Order 13202 74 FR 34206 · FAC 2005-35
Federal Acquisition Regulation; FAR Case 2006-022, Contractor Performance Information 74 FR 31557 · FAC 2005-34
Federal Acquisition Regulation; FAR Case 2005-018, Contract Debts 73 FR 53997 · FAC 2005-27
Federal Acquisition Regulation; FAR Case 2006-008, Implementation of Section 104 of the Energy Policy Act of 2005 72 FR 65868 · FAC 2005-22
Federal Acquisition Regulation; FAR Case 2004-033, Inflation Adjustment of Acquisition-Related Thresholds 71 FR 57363 · FAC 2005-13
Federal Acquisition Regulation; Improvements in Contracting for Architect-Engineer Services 70 FR 57452 · FAC 2005-06
Federal Acquisition Regulation; Title 40 of United States Code Reference Corrections 70 FR 57453 · FAC 2005-06
Federal Acquisition Regulation; Improvements in Contracting for Architect-Engineer Services 70 FR 11737 · FAC 2005-01
Federal Acquisition Regulation; Elimination of Standard Form 1417 69 FR 59699 · FAC 2001-25
Federal Acquisition Regulation; Supplemental Information to FAR Case 2000-608 for the Certification of the Regulatory Flexibility Act Statement for the New Standard Form 330, Architect-Engineer Qualifications (Consolidated Form) 69 FR 30835 · FAR Notice 2004-N2
Federal Acquisition Regulation; Procurement Program for Service-Disabled Veteran-Owned Small Business Concerns 69 FR 25274 · FAC 2001-23
Federal Acquisition Regulation; New Consolidated Form for Selection of Architect-Engineer Contractors (Delay of Effective Date) 69 FR 1050 · FAC 2001-19
Federal Acquisition Regulation; New Consolidated Form for Selection of Architect-Engineer Contractors 68 FR 69227 · FAC 2001-18
Federal Acquisition Regulation; Electronic Commerce in Federal Procurement 68 FR 56676 · FAC 2001-16
Federal Acquisition Regulation; Elimination of the Standard Form 129, Solicitation Mailing List Application 68 FR 43855 · FAC 2001-15
Federal Acquisition Regulation; Geographic Use of the Term “United States” 68 FR 28079 · FAC 2001-14
Federal Acquisition Regulation; Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects 67 FR 70518 · FAC 2001-10
Federal Acquisition Regulation; Technical Amendments 67 FR 56126 · FAC 2001-09
Federal Acquisition Regulation; Executive Order 13202, Preservation of Open Competition and Government Neutrality Towards Government Contractors' Labor Relations on Federal and Federally Funded Construction Projects 67 FR 10528 · FAC 2001-05
Federal Acquisition Regulation; Technical Amendments 67 FR 6120 · FAC 2001-04
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Proposed changes

Proposed rule Published Comments
Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52 91 FR 59534 · FAR Case 2026-010, Docket No. FAR-2026-0010, Sequence No. 1 Closed Oct 19, 2026No final rule found
Federal Acquisition Regulation: Prohibition on the Use of Reverse Auctions for Complex, Specialized, or Substantial Design and Construction Services 89 FR 70157 · FAR Case 2023-003 Closed Oct 28, 2024No final rule found

Quick answers

What is FAR Part 36?

FAR Part 36 is a part of the Federal Acquisition Regulation, titled "Construction and Architect-Engineer Contracts".

When was FAR Part 36 last changed?

The most recent final rule on record is "Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds" (90 FR 41872), published Aug 27, 2025 and effective Oct 1, 2025.

Are changes to FAR Part 36 proposed?

2 proposed changes have no final rule yet.

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