How federal agencies buy construction (FAR Part 36)
Federal agencies buy construction under the Federal Acquisition Regulation. The part that governs how a construction job is acquired is FAR Part 36.
This guide is a map, not the rule. It names the parts of the FAR that shape a construction procurement and links the primary text at acquisition.gov.
The parts that matter
- FAR Part 36 — Construction and Architect-Engineer Contracts: how construction requirements are described, how they are priced, and the contracting methods that apply.
- FAR Part 14 — Sealed Bidding: the formal advertised method, historically preferred for construction.
- FAR Part 15 — Contracting by Negotiation: the procedures an agency uses when it does not use sealed bidding.
- FAR Part 16 — contract types, including the task- and delivery-order contracts (IDIQ) used for recurring construction.
- FAR Part 28 — Bonds and Insurance, including the performance and payment bonds required by the Miller Act for covered construction contracts (40 U.S.C. §§ 3131–3134).
The choice between sealed bidding and negotiation, and the competition requirements themselves, come from the Competition in Contracting Act, now at 41 U.S.C. § 3301, and the FAR implements it.
Why it matters for your next bid
Which method an agency uses decides your proposal strategy: the evaluative criteria, whether discussions happen, whether you can revise, and how small-business and subcontracting requirements attach. Our desks watch the rule changes to these parts and the decisions that interpret them.
Where we cover it
See the Decisions Desk for current items and the monthly issue and archive for the collected picture.