36.602-4 Selection authority
Source: FAR 36.602-4 on acquisition.gov
The final selection of architect-engineer firms must be made by the designated authority, with any deviations from the evaluation board's recommendations fully documented and justified.
Overview
FAR 36.602-4 outlines the process and authority for the final selection of firms for architect-engineer (A-E) contracts. The regulation specifies that the agency head or a designated selection authority is responsible for making the final decision, based on the evaluation board's recommendations and with input from technical and staff advisors. The selection must result in a ranked list of the most highly qualified firms. If the top-ranked firm differs from the evaluation board's recommendation, a written justification must be included in the contract file. The selection authority cannot add new firms to the list but may return the report for revision if the recommended firms are not qualified or the report is inadequate. The evaluation board must be promptly notified of the final selection.
Key Rules
- Selection Authority
- The agency head or a designated official makes the final selection decision for A-E contracts.
- Review and Documentation
- The selection authority reviews the evaluation board's recommendations and must document any deviation from those recommendations.
- No Addition of Firms
- The selection authority cannot add firms to the evaluation board's report but can return it for revision if necessary.
- Notification Requirement
- The evaluation board must be promptly informed of the final selection.
Responsibilities
- Contracting Officers: Negotiate with firms on the final selection list and ensure documentation is complete.
- Contractors: Ensure qualifications are clearly demonstrated to be considered by the evaluation board and selection authority.
- Agencies: Ensure the selection process is transparent, documented, and follows regulatory requirements.
Practical Implications
This section ensures a transparent, accountable process for selecting A-E firms, preventing arbitrary changes to the evaluation board's recommendations and requiring justification for any deviations. It helps maintain fairness and integrity in the selection process, with clear documentation and communication requirements to avoid disputes or protests.
(a) The final selection decision shall be made by the agency head or a designated selection authority.
(b) The selection authority shall review the recommendations of the evaluation board and shall, with the advice of appropriate technical and staff representatives, make the final selection. This final selection shall be a listing, in order of preference, of the firms considered most highly qualified to perform the work. If the firm listed as the most preferred is not the firm recommended as the most highly qualified by the evaluation board, the selection authority shall provide for the contract file a written explanation of the reason for the preference. All firms on the final selection list are considered "selected firms" with which the contracting officer may negotiate in accordance with 36.606.
(c) The selection authority shall not add firms to the selection report. If the firms recommended in the report are not deemed to be qualified or the report is considered inadequate for any reason, the selection authority shall record the reasons and return the report through channels to the evaluation board for appropriate revision.
(d) The board shall be promptly informed of the final selection.