Overview
FAR 36.101 defines the scope and hierarchy of regulations governing construction and architect-engineer (A-E) contracts, establishing how Part 36 interacts with other FAR components. It provides clear guidance on resolving regulatory conflicts and determining clause applicability for multi-disciplinary contracts.
Key Rules
- General Integration: Construction and A-E contracts must comply with all applicable requirements found throughout the FAR, not just Part 36.
- Precedence: If a conflict or inconsistency arises between Part 36 and any other part of the FAR regarding construction or A-E services, Part 36 takes precedence.
- Mixed Contracts (Predominance): For contracts involving both construction and supplies/services, the clauses used must reflect the "predominant part" of the work.
- Divisibility: Alternatively, mixed contracts may be split into distinct portions, with the specific clauses applicable to each type of work (e.g., supply vs. construction) applied to their respective sections.
Practical Implications
- Contracting officers must perform a "predominance test" to determine whether construction labor standards (e.g., the Davis-Bacon Act) or service/supply standards apply to a mixed-scope project.
- Litigation and compliance risks are reduced by the clear "order of precedence" rule, which ensures that specialized construction regulations supersede general procurement rules when they conflict.