36.601-4 Implementation
Source: FAR 36.601-4 on acquisition.gov
FAR 36.601-4 defines architect-engineer services and mandates that only qualified, legally permitted firms may be awarded such contracts using specific procurement procedures.
Overview
FAR 36.601-4 clarifies what constitutes "architect-engineer services" for federal procurement and outlines how such services should be procured. It provides guidance to contracting officers on the types of services that fall under this category, including professional architectural and engineering services, related consulting and support services, and professional surveying and mapping services. The section also distinguishes between mapping services that are considered architect-engineer services and those that are not, directing contracting officers to use different procurement procedures accordingly. Finally, it states that contracts for architect-engineer services may be awarded to any firm legally permitted to practice architecture or engineering.
Key Rules
- Definition of Architect-Engineer Services
- Includes professional architectural or engineering services as defined by state law, services associated with design or construction of real property, and related professional services that require registered architects or engineers.
- Surveying and Mapping Services
- Surveying and mapping related to real property development are considered architect-engineer services and must be procured accordingly; unrelated mapping services follow other FAR parts.
- Eligibility of Firms
- Contracts may be awarded to any firm legally allowed to practice architecture or engineering.
Responsibilities
- Contracting Officers: Must correctly identify and procure architect-engineer services using the appropriate procedures and ensure firms are legally permitted to perform the work.
- Contractors: Must be properly registered and authorized to provide architectural or engineering services as required by state law.
- Agencies: Ensure compliance with procurement procedures and legal eligibility of firms.
Practical Implications
- This section ensures that only qualified, registered professionals perform architect-engineer services for federal projects, protecting project integrity and public safety.
- Contracting officers must carefully distinguish between types of mapping services to apply the correct procurement process.
- Misclassification of services or awarding contracts to unqualified firms can result in compliance violations and project risks.
(a) Contracting officers should consider the following services to be "architect-engineer services" subject to the procedures of this subpart:
(1) Professional services of an architectural or engineering nature, as defined by applicable State law, which the State law requires to be performed or approved by a registered architect or engineer.
(2) Professional services of an architectural or engineering nature associated with design or construction of real property.
(3) Other professional services of an architectural or engineering nature or services incidental thereto (including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals and other related services) that logically or justifiably require performance by registered architects or engineers or their employees.
(4) Professional surveying and mapping services of an architectural or engineering nature. Surveying is considered to be an architectural and engineering service and shall be procured pursuant to section 36.601 from registered surveyors or architects and engineers. Mapping associated with the research, planning, development, design, construction, or alteration of real property is considered to be an architectural and engineering service and is to be procured pursuant to section 36.601. However, mapping services that are not connected to traditionally understood or accepted architectural and engineering activities, are not incidental to such architectural and engineering activities or have not in themselves traditionally been considered architectural and engineering services shall be procured pursuant to provisions in parts 13, 14, and 15.
(b) Contracting officers may award contracts for architect-engineer services to any firm permitted by law to practice the professions of architecture or engineering.