Subpart 36.6
Architect-Engineer Services
FAR Subpart 36.6 mandates that architect-engineer contracts be awarded based on qualifications and competence, not price, through a structured selection and negotiation process.
Overview
FAR Subpart 36.6 establishes the policies and procedures for acquiring architect-engineer (A-E) services by federal agencies. It covers the entire process from identifying requirements, selecting qualified firms, evaluating performance, negotiating contracts, and managing liability for design errors. The subpart ensures that A-E contracts are awarded based on demonstrated competence and qualifications, rather than price competition, in accordance with the Brooks Act. It also outlines requirements for collecting and appraising firm qualifications, preparing government cost estimates, and including specific contract clauses to protect government interests.
Key Rules
- Scope and Policy
- Defines the application of A-E procurement procedures and emphasizes selection based on qualifications.
- Selection of Firms
- Details the process for evaluating and selecting A-E firms, including public announcement and evaluation criteria.
- Qualification Data and Appraisal
- Requires agencies to collect and assess data on firms’ qualifications and past performance.
- Performance Evaluation
- Mandates evaluation of A-E firm performance after contract completion.
- Government Cost Estimate
- Requires preparation of an independent government estimate before negotiations.
- Negotiations
- Outlines negotiation procedures, focusing on fair and reasonable compensation.
- Release of Selection Information
- Restricts disclosure of information about firm selection.
- Liability for Design Errors
- Addresses contractor liability for costs resulting from design errors or deficiencies.
- Contract Clauses
- Specifies required clauses for A-E contracts.
Responsibilities
- Contracting Officers: Ensure compliance with selection, negotiation, and evaluation procedures; safeguard sensitive information; include required clauses.
- Contractors: Submit accurate qualification data; perform services to required standards; address design deficiencies.
- Agencies: Oversee the selection process, maintain qualification data, and evaluate contractor performance.
Practical Implications
- Ensures A-E contracts are awarded to the most qualified firms, not just the lowest bidder.
- Promotes transparency, fairness, and accountability in A-E procurement.
- Common pitfalls include inadequate documentation of qualifications, improper negotiations, and failure to evaluate performance.