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FAR and DFARS › FAR Part 36: Construction and Architect-engineer Contracts › Subpart 36.2

FAR 36.208 Concurrent performance of firm-fixed-price and other types of construction contracts.

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 restricts using cost-reimbursement or price-adjustment construction contracts at the same work site as firm-fixed-price, lump sum, or unit price contracts. It matters because mixing these contract types can create labor and administrative problems, so prior approval from the head of the contracting activity is required.

Applies to: Construction contracts at the same work site

What it requires

  • Obtain prior approval from the head of the contracting activity before allowing certain contract types to be performed concurrently at the same work site

Key terms: cost-plus-fixed-fee · price-incentive · firm-fixed-price · lump sum · unit price

Written by AI from this section's text. A guide, not legal advice: the text below rules.

The text

In view of potential labor and administrative problems, cost-plus-fixed-fee, price-incentive, or other types of contracts with cost variation or cost adjustment features shall not be permitted concurrently, at the same work site, with firm-fixed-price, lump sum, or unit price contracts except with the prior approval of the head of the contracting activity.

← 36.207 Pricing fixed-price construction contracts. · 36.209 Construction contracts with architect-engineer firms. →

Rule changes for FAR Part 36

Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.

FAR 36.208 Concurrent performance of firm-fixed-price and other types of construction contracts · SpendQuery