FAR and DFARS › FAR Part 36: Construction and Architect-engineer Contracts › Subpart 36.1
FAR 36.103 Methods of contracting.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section tells contracting officers which method to use when awarding construction and architect-engineer contracts. For construction, sealed bidding is required when certain conditions apply, unless the work is performed outside the United States and its outlying areas. Architect-engineer services must be acquired by negotiation and sources selected under applicable law, subpart 36.6, and agency regulations.
Applies to: Contracting officers awarding construction or architect-engineer contracts
What it requires
- Use sealed bid procedures for a construction contract if the conditions in 6.401(a) apply, unless the contract will be performed outside the United States and its outlying areas
- Acquire architect-engineer services by negotiation
- Select architect-engineer sources in accordance with applicable law, subpart 36.6, and agency regulations
Key terms: sealed bid procedures · construction contract · architect-engineer services · negotiation · outlying areas
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
(a) The contracting officer shall use sealed bid procedures for a construction contract if the conditions in 6.401(a) apply, unless the contract will be performed outside the United States and its outlying areas. (See 6.401(b)(2).)
(b) Contracting officers shall acquire architect-engineer services by negotiation, and select sources in accordance with applicable law, subpart 36.6, and agency regulations.
Sections it refers to
- 6.401 Sealed bidding and competitive proposals.
← 36.102 Definitions. · 36.104 Policy. →
Rule changes for FAR Part 36
- Federal Acquisition Regulation: Revolutionary Federal Acquisition Regulation Overhaul Parts 14, 28, 36, and 52 ↗ · proposed 2026-09-18 · comments due 2026-10-19
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · final rule 2025-08-27 · effective 2025-10-01
- Federal Acquisition Regulation; Technical Amendments ↗ · final rule 2024-12-16 · effective 2025-01-03
- Federal Acquisition Regulation: Inflation Adjustment of Acquisition-Related Thresholds ↗ · proposed 2024-11-29 · comments due 2025-01-28
- Federal Acquisition Regulation: Prohibition on the Use of Reverse Auctions for Complex, Specialized, or Substantial Design and Construction Services ↗ · proposed 2024-08-29 · comments due 2024-10-28
- Federal Acquisition Regulation: Sustainable Procurement ↗ · final rule 2024-04-22 · effective 2024-05-22
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.