Overview
This section establishes the foundational terminology used in FAR Part 36, specifically defining the delivery methods, professional roles, and technical documentation required for construction and architect-engineer (A-E) services.
Key Rules
- Broad Interpretation of "Contract": Unless otherwise specified, the term "contract" within this part refers to both construction and architect-engineer services.
- Delivery Method Distinctions:
- Design-bid-build: Requires sequential phases and two separate contracts with two different contractors.
- Design-build: Consolidates design and construction into a single contract with a single point of responsibility.
- Two-Phase Selection Limitation: For design-build projects, the selection process is structured to narrow the field to a short-list, "normally five or fewer" offerors, for final proposal submission.
- A-E Firm Qualification: A "firm" is defined by its legal authorization to practice architecture or engineering professions.
- Documentation Requirements: Distinguishes between preliminary "plans and specifications" and "record drawings," the latter of which must reflect the work as actually completed by contractors at any tier.
Practical Implications
- Contractors must recognize that "record drawings" are a contractual deliverable that must accurately reflect field changes and actual conditions, rather than just the initial design.
- The two-phase selection definition allows the government to reduce the administrative burden on industry by ensuring only the most qualified firms invest the resources necessary to develop high-effort technical and cost proposals in Phase Two.