Comments Close Oct. 19 on FAR Rewrite of Architect-Engineer Contracting

The (Almost) Daily Brief

Comments Close Oct. 19 on FAR Rewrite of Architect-Engineer Contracting

By Megan Dayton · 10/13/2026


Today’s lead


POLICY  A FAR rewrite would separate architect-engineer contracting rules from construction rules for the first time since 1946. The Federal Acquisition Regulatory Council published the proposed rule Sept. 18 at 91 FR 59534, covering FAR parts 14, 28, 36, and 52, and comments close Oct. 19 under FAR Case 2026-010. Part 36 governs construction and architect-engineering contracts, and the Council says its text has comingled the two since 1946 committee recommendations. The rule would delete six clauses and provisions: 52.236-4, Physical Data, on the ground that 52.236-3, Site Investigation and Conditions Affecting the Work, already serves the purpose and that government-provided data belongs in the invitation for bid; 52.236-1, Performance of Work by the Contractor, as a restriction on competition; 52.236-19, Organization and Direction of the Work, with its mandate for full-time resident direction by an owner or senior officer; 52.236-26, Preconstruction Conference; 52.236-27, Site Visit; and 52.236-28, Preparation of Offers - Construction. It would also drop the text permitting pre-bid conferences at FAR 14.207 and replace “shall” with “must” throughout the affected clauses. The Council is asking separately whether to renumber every provision and clause in part 52 under a new subpart. The rule is one of twelve carrying out Executive Order 14275. Comments go to regulations.gov citing FAR Case 2026-010.

Source: Federal Register, Sept. 18

Items


PROJECTS  Faribault’s city engineer has recommended a three-lane Seventh Street with a compact roundabout at Second Avenue. City Engineer Mark DuChene presented the city council two options for the Seventh Street reconstruction, a two-lane corridor with street parking along part of the north side and a three-lane corridor with a center turn lane for driveway movements, and recommended the three-lane layout with a three-year trial before the first seal coat. Both options carry a multi-purpose trail on the north side and a sidewalk on the south. Second Avenue has the corridor’s highest traffic volume and crash rate, and the city is weighing a compact roundabout there that large commercial vehicles can cross over a bump; DuChene put its added cost at $350,000 and said the intersection would not meet state traffic signal warrants. Intersections at Fourth Street, Eighth Street, and Central Avenue could become four-way stops. DuChene said he is targeting November for the feasibility report and cost estimates, to support a federal funding application for 2030 to 2031, with construction starting in 2030. He also said he would meet with the Canadian Pacific Kansas City Railroad about the corridor’s low-clearance railroad bridge; lowering the road beneath it would mean piping runoff directly to the river, and leaving it as built would require a variance from Municipal State Aid Street rules that he said Faribault is unlikely to get.

Source: Faribault Daily News, Oct. 13

BIZ  Billion-dollar projects are absorbing the bulk of nonresidential construction spending this year. Associated Builders and Contractors chief economist Anirban Basu told an Oct. 7 Construction Executive forecast webinar that projects valued above $1 billion, many of them data centers, have taken most nonresidential spending in 2026, and that ABC puts one in six firms under contract on those builds, the highest share on record. Outside that tier, bidder counts are climbing. Basu said contractors in Jackson, Mississippi told him jobs that once drew two to four bids now draw 12 to 16. Among attendees surveyed at the October webinar, 32 percent expect profit margins to fall over the next 12 months, up from 26 percent in July, and the share expecting margins to hold dropped from 42 percent to 34 percent. Insufficient demand was the top challenge for 21 percent, up from 19 percent, and tighter project financing for 17 percent, up from 13 percent. Materials prices have risen 8 to 9 percent over the past year and labor costs 4 to 6 percent. Basu said he expects the administration to press tariffs harder in 2027, holding up steel and copper prices. He does not forecast a recession next year. “Things have become more extreme,” he said.

Source: Construction Dive, Oct. 13

PROJECTS  Rochester starts drawing down Silver Lake on Oct. 19 for dredging and dam replacement. The city expects the drawdown to begin Oct. 19, after the city council approved a $19 million construction contract earlier this month. Winter work stays below the waterline, covering sediment dredging and the replacement of the existing low-head dam with a rock arch rapids and wave pools, which the city says lower winter flows make easier to stage. Lowering the water gradually keeps sediment in the lakebed to be dredged rather than carried downstream. Hauling will add truck traffic on Seventh Street Northeast, 13th and 14th streets northwest, and West Silver Lake Drive, and sections of sidewalk and trail will close for truck access. Spring work moves above the waterline and includes a north-shore trail connection with an option beneath the Broadway Bridge. Deputy Public Works Director Aaron Luckstein announced the start. The city expects the project complete by Sept. 1, 2027.

Source: Rochester Post Bulletin, Oct. 12

POLICY  The Forest Service cut the minimum comment period on an environmental assessment to 15 days. A final rule published Oct. 13 at 91 FR 64760 rewrites 36 CFR part 218, the objection process for projects carrying out forest land management plans, and takes effect Nov. 12. The minimum public comment period becomes 15 days for a project documented in an environmental assessment and 30 days for one documented in an environmental impact statement, with no extension; the current minimums are 30 and 45 days, and the February proposal would have cut them to 10 and 20. The Department put the existing comment-and-objection process at a minimum of 120 to 150 days for an assessment and finding of no significant impact and 135 to 165 days for an impact statement and record of decision. The rule writes the 2014 statutory exemption of categorically excluded projects into the regulation, standardizes procedures for Healthy Forests Restoration Act and other projects, moves public notification to the web, and sets publication of a final finding or decision after the fifth business day following the objection period. Comment and objection periods run on calendar days, and a period ending on a weekend or federal holiday extends to the next federal working day. The Department received 2,270 comments on the proposal from 129 organizations, among them 16 state governments and 16 business and industry groups.

Source: Federal Register, Oct. 13

PROJECTS  Ramsey County opens the Victoria Street trail design to public review on Oct. 26. The county will hold an open house Monday, Oct. 26 from 5pm to 7pm on the design for a new shared-use path on Victoria Street, County State-Aid Highway 52, between County Road C and Harriet Avenue in Roseville and Shoreview. The county’s project page says the design work builds on a 2022 corridor study. The county says the open house will cover the proposed trail design and take feedback.

Sources: Ramsey County, Victoria Street Trail Design; county bulletin, Oct. 12

WORKFORCE  Adolfson & Peterson’s Midwest president puts the trades shortage on what employers do after the hire. David Grandstaff wrote in Construction Dive on Oct. 12 that recruiting is the easier half of the problem. Associated Builders and Contractors estimates construction must attract 349,000 net new workers this year. A survey by the Associated General Contractors of America and the National Center for Construction Education and Research found 87 percent of contractors have openings for hourly craft workers, and among those trying to fill craft positions, 88 percent say the jobs are as hard or harder to fill than a year ago. He puts the weight on three employer habits: promoting from within when a tight schedule makes hiring a seasoned leader the easier call, handing someone responsibility before they look ready, and hiring for reliability and willingness to learn where technical skill can be coached. He writes that apprenticeships and training programs supply structure while most growth happens in ordinary work, and that leaders carry knowledge the next generation needs.

Source: Construction Dive, Oct. 12

POLICY  The Public Utilities Commission takes up two Minnesota Power matters Wednesday. The commission meets Oct. 14 at 11am. Docket E015/AA-26-195 is Minnesota Power’s 2026 Annual Capacity Revenue and Expense Rider for June 2026 through May 2027, with its associated rates and tariff language updates, subject to true-up; the agenda marks it undisputed. Dockets E015/GR-21-335 and E015/GR-23-155 return from a Court of Appeals remand on whether Minnesota Power may include its claimed prepaid pension asset in rate base and earn the commission’s authorized weighted average cost of capital, and if so how much of the asset and at what return; the agenda marks that item disputed and carries a modified decision option. A third item is a Dooley’s Gas Pipeline interruptible service agreement with Riverview LLP serving the Stevens milk plant.

Source: Minnesota PUC, Oct. 14 agenda

FUNDING  Transit agencies are turning to local ballot measures as the infrastructure law’s money runs out. At the American Public Transportation Association’s annual conference in Chicago Oct. 3-8, president and chief executive Paul Skoutelas called the Build America 250 Act a good first step and said its proposed $167.6 billion for transit and rail “falls short,” with APTA seeking $268 billion over five years. Jessica Grennan, who runs APTA’s Center for Transportation Excellence, said 34 of 39 transit ballot measures this year have passed, with 22 more set for November. New York’s Metropolitan Transportation Authority put congestion pricing’s contribution to its $68 billion five-year capital plan at $15 billion, chief financial officer Jaibala Patel said. Northern Illinois replaced its Regional Transit Authority with the Northern Illinois Transit Authority in September, consolidating oversight of the Chicago Transit Authority, Metra, and Pace.

Source: Engineering News-Record, Oct. 12

POLICY  Federal regulators threw out the core of PJM’s plan for connecting data centers to the grid. The Federal Energy Regulatory Commission on Oct. 9 rejected PJM Interconnection’s Interim Resource Adequacy Service package, which would have curtailed large loads arriving without matching new generation, along with its bring-your-own-new-capacity rules. The commission approved the pieces that define a large load and create a registry carrying a facility’s location, ramp schedule, and capacity supply. FERC found the proposed tariff would put obligations directly on retail customers, dictate which retail customers get curtailed, and set what amounts to a retail rate, and it pointed the question back to the states: “States have a crucial role to play in this challenge.” Commissioner David Rosner wrote in a concurrence that excluding those loads from the capacity auction demand curve could leave the market signaling surplus capacity while the region sheds thousands of megawatts of involuntary demand. The order comes five weeks after FERC rejected key parts of PJM’s backstop capacity auction.

Source: Utility Dive, Oct. 12

Final submissions and fees for ACEC Minnesota’s Engineering Excellence Awards are due Thursday, Oct. 29, with winning projects recognized at the Feb. 18, 2027 gala. The four-session Emerging Leaders program for early-career staff opens Oct. 22, and public sales are open for the Minnesota Transportation Conference.

Out for bid


State

State of Minnesota · environmental emergency response full service (37460) · due Oct. 14 · MNBuys
MnDOT · Highway 13 regional traffic modeling (1064206) · due Oct. 20 at 2pm · Announcement
MnDOT · 20-year state highway investment plan update (1064276) · due Oct. 23 at 2pm · RFP
Minnesota Zoo · architecture design, Center for Wildlife Conservation (5135) · due Oct. 26 · MNBuys
State Historic Preservation Office · Minnesota River cultural resources (5126 and 5131) · due Nov. 9 and Nov. 15 · MNBuys
State Historic Preservation Office · Roseau River cultural resources (5127 and 5132) · due Nov. 9 and Nov. 15 · MNBuys
MnDOT · general engineering consultant preconstruction services master contract (1263) · due Nov. 17 at 2pm · RFP

Higher education

University of Minnesota · Saint Paul residence hall architectural design (02-402-27-4235) · due Oct. 28 at 2pm · Bid opportunity

Regional

Metropolitan Council · ultrasonic rail testing (26P133) · due Oct. 13 · RFP
Metropolitan Council · modernizing existing interchanges, 363 service interchanges (26P230) · due Oct. 14 · RFP
Metropolitan Council · Interceptor 1-MS-100 condition assessment (26P276) · pre-solicitation meeting Oct. 20 at 2pm · Notice

Counties

Washington County · CSAH 18 at CSAH 19 roundabout modification design · due Nov. 6 at 3pm · RFP

Cities

City of Hopkins · 2050 comprehensive plan public engagement · due Oct. 16 at 4:30pm · RFP
City of Foley · general municipal engineering services · due Oct. 28 at 4pm · RFP

Airports

City of Maple Lake · airport engineering and planning services, Bill Mavencamp Sr. Field · due Oct. 26 · RFQ

Federal

USDA Forest Service · cultural resource evaluation and documentation, Watford City, North Dakota (1284LM27Q0001) · due Oct. 20 at 5pm · Combined synopsis
U.S. Army Reserve 88th Readiness Division · energy savings performance contract for Minnesota and Wisconsin facilities (SP060427R0400) · due Nov. 2 at 3pm eastern · Notice of opportunity

Anticipated

MnDOT · Highway 55 Golden Valley to Medina reconnecting communities study · verified Oct. 9 · Potential projects list
MnDOT · District 2, US 75 final design through Donaldson and Kennedy · verified Oct. 6 · Potential projects list
MnDOT · Metro, metro-wide utility potholing · verified Oct. 2 · Potential projects list
MnDOT · Metro, multi-award overhead sign structures and sign panels, signing plan design · verified Oct. 1 · Potential projects list
MnDOT · Metro, spot mobility implementation analysis and workplan · verified Sept. 23 · Potential projects list
MnDOT · Metro, I-35E spot mobility · verified Sept. 23 · Potential projects list
MnDOT · Metro, Rethinking I-94 environmental impact statement contract (SP 6282-217) · verified Sept. 23 · Potential projects list
MnDOT · Metro, Highway 61 Forest Lake pre-scoping · verified Sept. 23 · Potential projects list
MnDOT · Metro, Highway 52, Highway 55, and County Road 42 phase 2 study · verified Sept. 23 · Potential projects list
MnDOT · Metro, Highway 52 Lafayette Bridge alternatives analysis and preliminary design · verified Sept. 23 · Potential projects list
MnDOT · Metro, Highway 95 southern Washington County corridor planning study · verified Sept. 23 · Potential projects list
MnDOT · Metro, 2027 construction inspection, six consultant inspectors · verified Sept. 23 · Potential projects list
MnDOT · Metro, Robert Street construction administration (SP 6217-50) · verified Sept. 23 · Potential projects list

Open for comment


Minnesota

MnDOT · draft statewide Bicycle+ System Plan · comments close Oct. 23 · Draft plan
Minnesota Public Utilities Commission · Castle Rock battery storage draft site permit (ESS-25-430) · comments close Nov. 4 at 4:30pm · Notice
Olmsted County and Rochester · South Branch Cascade Creek stream restoration EAW · comments close Nov. 5 · Notice

Federal

FAR Council · acquisition regulation overhaul of parts 14, 28, 36 and 52 deleting the physical data clause (FAR Case 2026-010) · comments close Oct. 19 · Proposed rule
FHWA · assignment of federal environmental responsibilities to Georgia, memorandum and program application (FHWA-2026-0958 and 0959) · comments close Nov. 2 · Notices
USDA Rural Business-Cooperative Service · Rural Energy for America Program final rule (RBS-26-Business-0529) · comments close Nov. 2 · Final rule
General Services Administration · acquisition regulation on utility services (GSAR Case 2026-G502) · comments close Nov. 4 · Proposed rule
EPA · initial air quality designations for the 2024 annual fine particle standard (EPA-HQ-OAR-2024-0078) · comments close Nov. 5 · Proposed rule
FEMA · elevation certificate and floodproofing certificate information collection (FEMA-2026-0166) · comments close Nov. 6 · Notice
Homeland Security · optional practical training fees (ICEB-2026-0100) · comments close Nov. 9 · Proposed rule

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