36.602-5 Short selection process for contracts not to exceed the simplified acquisition threshold
Source: FAR 36.602-5 on acquisition.gov
FAR 36.602-5 enables agencies to use expedited selection procedures for architect-engineer contracts under the simplified acquisition threshold, streamlining the process while maintaining oversight.
Overview
FAR 36.602-5 provides streamlined procedures for selecting architect-engineer (A-E) firms for contracts not expected to exceed the simplified acquisition threshold (SAT). When authorized by the agency, contracting officers may use either of two short selection processes instead of the more formal procedures required for larger contracts. The first process involves the selection board reviewing and evaluating firms, with the selection report serving as the final list and authorization to negotiate. The second process allows the board chairperson to perform the evaluation, subject to agency head approval, and then provide the contracting officer with the authorization to begin negotiations. These procedures are designed to expedite A-E selections for smaller contracts while maintaining oversight and compliance with FAR requirements.
Key Rules
- Short Selection Process Authorization
- Agencies may authorize use of short selection processes for A-E contracts not exceeding the SAT.
- Selection by Board
- The board evaluates firms and the selection report serves as the final list and negotiation authorization.
- Selection by Board Chairperson
- The chairperson may perform evaluations when formal board action is unnecessary, with agency head approval required before negotiations begin.
Responsibilities
- Contracting Officers: Must follow the authorized short selection process and commence negotiations only upon receipt of the selection report.
- Contractors: Should ensure their qualifications are clear and complete for evaluation under expedited procedures.
- Agencies: Must authorize use of the short process and ensure proper review and approval of selection reports.
Practical Implications
- This section exists to speed up A-E firm selection for smaller contracts, reducing administrative burden.
- It impacts daily contracting by allowing faster procurement cycles for projects under the SAT.
- Common pitfalls include failing to obtain proper agency authorization or neglecting required approvals before negotiations.
When authorized by the agency, either or both of the short processes described in this subsection may be used to select firms for contracts not expected to exceed the simplified acquisition threshold. Otherwise, the procedures prescribed in 36.602-3 and 36.602-4 shall be followed.
(a) Selection by the board. The board shall review and evaluate architect-engineer firms in accordance with 36.602-3, except that the selection report shall serve as the final selection list and shall be provided directly to the contracting officer. The report shall serve as an authorization for the contracting officer to commence negotiations in accordance with 36.606.
(b) Selection by the chairperson of the board. When the board decides that formal action by the board is not necessary in connection with a particular selection, the following procedures shall be followed:
(1) The chairperson of the board shall perform the functions required in 36.602-3.
(2) The agency head or designated selection authority shall review the report and approve it or return it to the chairperson for appropriate revision.
(3) Upon receipt of an approved report, the chairperson of the board shall furnish the contracting officer a copy of the report which will serve as an authorization for the contracting officer to commence negotiations in accordance with 36.606.