This guide explains FAR Part 36 of the Federal Acquisition Regulation (FAR): Construction and Architect-Engineer Contracts.
Watch the FAR Part 36 lesson
FAR Part 36: Start with the buying path
Your company can design a facility, build it, or support both activities. Does every federal opportunity evaluate those capabilities the same way? Before building the response, identify what the agency is buying and which selection process it has actually announced.
Understand what FAR Part 36 covers
FAR Part 36 addresses construction and architect-engineer contracting, with specific procedures for those different needs. A construction bid, a qualifications submission for architect-engineer services, and a design-build proposal can require very different evidence. The project description alone is not enough. First, read the notice, submission instructions, evaluation criteria, drawings, specifications, and amendments. Next, identify whether your role is prime contractor, designer, construction partner, or subcontractor before choosing a response strategy.
Separate construction, design, and design-build
For architect-engineer services, FAR 36.602-1 identifies selection criteria that include professional qualifications, relevant technical experience, capacity, and past performance. FAR 36.602-3 describes evaluation-board functions and ranking of highly qualified firms. That is a different starting point from assuming the lowest price wins every procurement. FAR 36.301 addresses when two-phase design-build selection is appropriate, based on the contracting officer's determination and specified factors. However, do not assume two phases are mandatory for every project involving both design and construction. Then, follow the actual procurement method and the information requested at each stage.
Check the applicable framework
This lesson uses the codified FAR text displayed on Acquisition.gov. Also, check the applicable agency deviation and your solicitation or contract before applying a section. An overhaul model is not automatically the text your agency has implemented. In addition, keep the source, effective date, and solicitation amendment with your decision record.
A hypothetical example
Imagine a civil engineering firm pursuing design work for a facility improvement. Its team starts with a low-price construction-style response. A review of the notice shows that the agency wants qualifications and evidence of relevant design experience. The firm reorganizes around the stated criteria, identifies available licensed professionals, explains capacity, and selects comparable projects. For a separate design-build opportunity, it verifies the announced phases and team requirements instead of recycling the same submission.
Avoid the shortcut
However, do not assume a good design portfolio proves construction capacity, or that a construction partner automatically resolves every design qualification requirement. Also do not let a teaming discussion substitute for a clear responsibility split. Next, identify who owns design deliverables, site assumptions, construction methods, interfaces, and changes. Then, review the applicable bonding, insurance, labor, and other contract requirements with the people responsible; the FAR Part 36 lesson is not a substitute for those separate analyses.
Try this exercise
Create a response-path sheet. Also, record the procurement method, your role, submission stage, evaluation criteria, required evidence, team responsibilities, and dates. In addition, match each criterion to a specific project, person, or capacity record. Put unanswered site and scope questions through the solicitation's stated channel. The takeaway is practical: a strong response presents the evidence the chosen buying method calls for, rather than an impressive package built for a different competition.
Turn the lesson into an operating decision
Next, use the worksheet with one current opportunity or contract. Save the documents reviewed and identify the person responsible for closing each open issue. Then, separate a regulatory requirement from a GovSuccess preparation practice, and record the evidence behind the business decision. A polished response should not conceal an unresolved assumption.
Official sources
Source check: November 2, 2026. The codified Acquisition.gov pages reviewed display FAC 2026-01, effective March 13, 2026. Also, check applicable agency deviations and the actual solicitation or contract.
- FAR Part 36 — codified text
- FAR 36.301
- FAR 36.602-1
- FAR 36.602-3
- FAR overhaul and agency deviation guide
Build your readiness baseline
Explore GovAssessment for a structured business-readiness baseline based on your answers. However, it does not certify compliance or guarantee an award.
General education, not legal or tax advice. Browse all FAR summaries.
