36.601-3 Applicable contracting procedures
Source: FAR 36.601-3 on acquisition.gov
Architect-engineer contracts for facility design must prioritize sustainability and use specific selection procedures distinct from general contracting methods.
Overview
FAR 36.601-3 outlines the specific contracting procedures applicable to architect-engineer (A-E) services, particularly for facility design contracts. It mandates that statements of work for facility design require the use of recovered materials to the maximum practicable extent, considering performance, availability, price, and cost-effectiveness. Additionally, A-E contracts must address energy conservation, pollution prevention, and waste reduction where appropriate. When energy-consuming products are specified, compliance with FAR 23.107-3 is required. The section clarifies that selection of A-E service providers must follow the procedures in this subpart, not the general solicitation or source selection procedures in FAR Parts 13, 14, or 15. If a contract includes both A-E and other services, the dominant nature of the work determines which procedures apply. Services not requiring a registered or licensed architect or engineer should be procured under the general procedures of Parts 13, 14, or 15, unless they are incidental to A-E services.
Key Rules
- Recovered Materials and Sustainability
- Facility design contracts must require the use of recovered materials and consider sustainability factors in design specifications.
- Energy-Consuming Products
- Contracts specifying energy-consuming products must comply with FAR 23.107-3 requirements.
- A-E Source Selection Procedures
- A-E contracts must use the selection procedures in this subpart, not those in Parts 13, 14, or 15.
- Mixed Service Contracts
- If A-E services are dominant, use this subpart's procedures; otherwise, use Parts 13, 14, or 15.
- Non-A-E Services
- Services not requiring a licensed architect or engineer should be acquired under general contracting procedures unless incidental.
Responsibilities
- Contracting Officers: Ensure statements of work include sustainability requirements, apply correct selection procedures, and determine the dominant nature of mixed service contracts.
- Contractors: Comply with requirements for recovered materials, sustainability, and energy efficiency in design specifications.
- Agencies: Oversee compliance with selection and sustainability requirements.
Practical Implications
- This section ensures that A-E contracts promote sustainability and proper material use, and that the correct procurement procedures are followed based on the nature of the services. Misclassifying the dominant service type or omitting sustainability requirements can lead to noncompliance and procurement delays.
(a)
(1) For facility design contracts, the statement of work shall require that the architect-engineer specify, in the construction design specifications, use of the maximum practicable amount of recovered materials consistent with the performance requirements, availability, price reasonableness, and cost-effectiveness. Where appropriate, the statement of work also shall require the architect-engineer to consider energy conservation, pollution prevention, and waste reduction to the maximum extent practicable in developing the construction design specifications.
(2) Facility design solicitations and contracts that include the specification of energy-consuming products must comply with the requirements at subpart 23.107-3.
(b) Sources for contracts for architect-engineer services shall be selected in accordance with the procedures in this subpart rather than the solicitation or source selection procedures prescribed in parts 13, 14, and 15 of this regulation.
(c) When the contract statement of work includes both architect-engineer services and other services, the contracting officer shall follow the procedures in this subpart if the statement of work, substantially or to a dominant extent, specifies performance or approval by a registered or licensed architect or engineer. If the statement of work does not specify such performance or approval, the contracting officer shall follow the procedures in parts 13, 14, or 15.
(d) Other than "incidental services" as specified in the definition of architect-engineer services in 2.101 and in 36.601-4(a)(3), services that do not require performance by a registered or licensed architect or engineer, notwithstanding the fact that architect-engineers also may perform those services, should be acquired pursuant to parts 13, 14, and 15.