36.601-2
Competition
Following the prescribed procedures for architect-engineer services acquisition satisfies federal competition requirements, even though selection is based on qualifications rather than price.
Overview
FAR 36.601-2 clarifies that the acquisition of architect-engineer (A-E) services, when conducted using the procedures outlined in this subpart, is considered a competitive procedure under federal procurement regulations. This means that even though A-E services are procured using qualifications-based selection (rather than price competition), the process still meets the requirements for competition as defined in FAR 6.102(d)(1). This ensures compliance with competition mandates while recognizing the unique nature of A-E contracting.
Key Rules
- Competitive Procedure for A-E Services
- Using the prescribed procedures for A-E services acquisition is deemed competitive, even though it is not based on price competition.
- Reference to FAR 6.102(d)(1)
- The section points to FAR 6.102(d)(1), which specifically allows for qualifications-based selection as a valid competitive method for A-E services.
Responsibilities
- Contracting Officers: Must follow the procedures in this subpart to ensure acquisitions are considered competitive.
- Contractors: Should understand that the selection process is competitive, based on qualifications, not price.
- Agencies: Must ensure compliance with both the procedures in this subpart and the broader competition requirements of the FAR.
Practical Implications
- This section exists to clarify that A-E service procurements are compliant with federal competition requirements, even though they use a different selection method.
- It impacts daily contracting by providing assurance that following the prescribed process meets legal competition standards.
- A common pitfall is misunderstanding that price-based competition is required for A-E services; this section confirms that qualifications-based selection is sufficient.