FAR Part 36 (Construction and Architect-Engineer Contracts)
FAR Part 36 stands for Construction and Architect-Engineer Contracts. FAR Part 36 has special rules for construction contracts and for architect-engineer (A-E) services. For construction, agencies must give a magnitude range of the project in the notice, prepare a government estimate, and include clauses on site conditions, schedules, and differing site conditions.
For A-E services, agencies select firms based on qualifications first and then negotiate price with the top firm, a process from the Brooks Act. Part 36 also covers two-phase design-build selection. Construction contracts usually also bring in Davis-Bacon wages and Miller Act bonds.
Why it matters to a small contractor
If you are a construction trade, Part 36 explains why federal jobs come with wage determinations, bonds, and detailed schedules. The magnitude range in the notice helps you decide quickly if a job fits your bonding capacity before you spend time on takeoffs.
Example
A small paving company sees a notice saying the magnitude is between $250,000 and $500,000. They check with their surety that they can bond that size job before preparing a bid.
FAR Part 36: common questions
What is a magnitude of construction?
It is a dollar range the agency publishes to show the approximate size of the project. It helps contractors decide whether to bid.
Do federal construction jobs require bonds?
Contracts above the Miller Act threshold, currently $150,000, generally require performance and payment bonds. Smaller jobs may require alternative payment protection.
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