FAR and DFARS › FAR Part 36: Construction and Architect-engineer Contracts › Subpart 36.5
FAR 36.511 Use and possession prior to completion.
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 when to include the Use and Possession Prior to Completion clause in construction solicitations and contracts. For fixed-price construction contracts expected to exceed the simplified acquisition threshold, the clause must be inserted; for those at or below the threshold, it may be inserted. This matters because it determines whether your contract will contain this clause.
Applies to: Contracting officers handling fixed-price construction contracts
What it requires
- Insert the clause at 52.236-11 in solicitations and contracts when a fixed-price construction contract is contemplated and the award amount is expected to exceed the simplified acquisition threshold
Key terms: Use and Possession Prior to Completion · 52.236-11 · fixed-price construction contract · simplified acquisition threshold
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
The contracting officer shall insert the clause at 52.236-11, Use and Possession Prior to Completion, in solicitations and contracts when a fixed-price construction contract is contemplated and the contract award amount is expected to exceed the simplified acquisition threshold. This clause may be inserted in solicitations and contracts when the contract amount is expected to be at or below the simplified acquisition threshold.
Sections it refers to
- 52.236-11 Use and Possession Prior to Completion.
Sections that refer to it
- 52.236-11 Use and Possession Prior to Completion.
← 36.510 Operations and storage areas. · 36.512 Cleaning up. →
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.