SUBPART 236.6--ARCHITECT-ENGINEER
SERVICES
(Revised October 1, 2000)
236.601 Policy.
236.602 Selection of firms for architect-engineer
contracts.
236.602-1 Selection criteria.
(a)(i) Establish the evaluation criteria
before making the public announcement required by FAR 5.205(c) and include
the criteria and their relative order of importance in the announcement.
The evaluation criteria should be project specific. Use the information
in the DD Form 1391, FY__ Military Construction Project Data, when available,
and other pertinent project data in preparing the evaluation criteria.
(4) Use performance evaluation data
from the central data base identified in 236.201.
(6) The primary factor in A-E selection
is the determination of the most highly qualified firm. Also consider secondary
factors such as geographic proximity and equitable distribution of work,
but do not attribute greater significance to the secondary factors than
to qualifications and past performance. Do not reject the overall most
highly qualified firm solely in the interest of equitable distribution
of contracts.
(A) Consider the volume of work awarded
by DoD during the previous 12 months. In considering equitable distribution
of work among A-E firms, include small business concerns; historically
black colleges and universities and minority institutions; firms that have
not had prior DoD contracts; and small disadvantaged business concerns
and joint ventures with small disadvantaged business participants if the
North American Industry Classification System (NAICS) Industry Subsector
of the acquisition is one in which use of a price evaluation adjustment
is currently authorized (see FAR 19.201(b)).
(1) Use data extracted from
the Defense Contract Action Data System (DCADS) compiled from DD Form 350,
Individual Contracting Action Report. DCADS data may be obtained from the
central data base identified in 236.201(c)(1).
(2) Do not consider awards to
overseas offices for projects outside the United States, its territories
and possessions. Do not consider awards to a subsidiary if the subsidiary
is not normally subject to management decisions, bookkeeping, and policies
of a holding or parent company or an incorporated subsidiary that operates
under a firm name different from the parent company. This allows greater
competition.
(B) Consider as appropriate superior performance
evaluations on recently completed DoD contracts.
(C) Consider the extent to which potential
contractors identify and commit to small business, to small disadvantaged
business (SDB) if the NAICS Industry Subsector of the subcontracted effort
is one in which use of an evaluation factor or subfactor for participation
of SDB concerns is currently authorized (see FAR 19.201(b)), and to historically
black college or university and minority institution performance as subcontractors.
236.602-2 Evaluation boards.
(a) Preselection boards may be used
to identify to the selection board the qualified firms that have a reasonable
chance of being considered as most highly qualified by the selection board.
236.602-4 Selection authority.
(a) The selection authority shall be
at a level appropriate for the dollar value and nature of the proposed
contract.
(c) A finding that some of the firms
on the selection report are unqualified does not preclude approval of the
report, provided that a minimum of three most highly qualified firms remains.
The reasons for finding a firm or firms unqualified must be recorded.
236.602-70 Restriction on award of overseas
architect-engineer contracts to foreign firms.
In accordance with Section 111 of Pub.
L. 104-32 and similar sections in subsequent military construction appropriations
acts, A-E contracts funded by military construction appropriations that
are estimated to exceed $500,000 and are to be performed in Japan, in any
North Atlantic Treaty Organization member country, or in countries bordering
the Arabian Gulf, shall be awarded only to United States firms or to joint
ventures of United States and host nation firms.
236.604 Performance evaluation.
(a) Preparation of performance reports.
Use DD Form 2631, Performance Evaluation (Architect-Engineer), instead
of SF 1421.
(2) Prepare a separate performance
evaluation after actual construction of the project. Ordinarily, the evaluating
official should be the person most familiar with the A-E's performance.
(c) Distribution and use of performance
reports.
(i) Forward each performance report
to the central data base identified in 236.201(c) after completing the
review. The procedures in 236.201 also apply to A-E contracts.
(ii) File and use the DD Form 2631,
Performance Evaluation (Architect-Engineer), in a manner similar to the
SF 254, Architect-Engineer and Related Services Questionnaire.
236.606 Negotiations.
236.606-70 Statutory fee limitation.
(a) 10 U.S.C. 4540, 7212, and 9540
limit the contract price (or fee) for A-E services for the preparation
of designs, plans, drawings, and specifications to six percent of the project's
estimated construction cost.
(b) The six percent limit also applies
to contract modifications, including modifications involving-
(1) Work not initially included in
the contract. Apply the six percent limit to the revised total estimated
construction cost.
(2) Redesign. Apply the six percent
limit as follows-
(i) Add the estimated construction
cost of the redesign features to the original estimated construction cost;
(ii) Add the contract cost for the original
design to the contract cost for redesign; and
(iii) Divide the total contract design
cost by the total estimated construction cost. The resulting percentage
may not exceed the six percent statutory limitation.
(c) The six percent limit applies only
to that portion of the contract (or modification) price attributable to
the preparation of designs, plans, drawings, and specifications. If a contract
or modification also includes other services, the part of the price attributable
to the other services is not subject to the six percent limit.
236.609 Contract clauses.
236.609-70 Additional provision and
clause.