36.601-1
Public announcement
All architect-engineer service requirements must be publicly announced and contracts awarded based on qualifications and fair, reasonable pricing.
Overview
FAR 36.601-1 requires the Government to publicly announce all requirements for architect-engineer (A-E) services. This ensures transparency and competition in the procurement process. Contracts for A-E services must be negotiated based on the demonstrated competence and qualifications of prospective contractors, rather than price alone, though prices must still be fair and reasonable. This approach aligns with the Brooks Act (40 U.S.C. 1101 et seq.), which governs the selection of A-E contractors for federal projects.
Key Rules
- Public Announcement Requirement
- All A-E service requirements must be publicly announced to allow qualified firms to compete.
- Selection Based on Qualifications
- Contracts are awarded based on the competence and qualifications of the contractor, not just the lowest price.
- Fair and Reasonable Pricing
- Even though selection is qualifications-based, negotiated prices must be fair and reasonable.
Responsibilities
- Contracting Officers: Must ensure public announcement of A-E requirements and negotiate contracts based on qualifications and fair pricing.
- Contractors: Must demonstrate competence and qualifications to be considered for A-E contracts.
- Agencies: Must oversee compliance with public announcement and selection procedures.
Practical Implications
- This regulation promotes transparency and ensures that only qualified firms are selected for A-E services, protecting the Government’s interests in quality and value.
- Contractors should focus on showcasing their qualifications and experience in response to public announcements.
- Common pitfalls include failing to publicly announce requirements or improperly prioritizing price over qualifications.