SUBPART
236.6--ARCHITECT-ENGINEER SERVICES
(Revised
October 4, 2006)
236.601 Policy.
236.602 Selection of firms for architect-engineer
contracts.
236.602-1 Selection criteria.
236.602-70 Restriction on award of overseas
architect-engineer contracts to foreign firms.
236.604 Performance evaluation.
236.606 Negotiations.
236.606-70 Statutory fee limitation.
236.609 Contract clauses.
236.609-70 Additional provision and clause.
236.601 Policy.
(1) Written notification to the congressional
defense committees is required if the total estimated contract price for
architect-engineer services or construction design, in connection with military
construction, military family housing, or restoration or replacement of damaged
or destroyed facilities, exceeds $1,000,000.
In accordance with 10 U.S.C. 480, unclassified notifications must be
provided by electronic medium.
(i) For military
construction or military family housing (10 U.S.C. 2807(b)), the notification—
(A) Must include the scope of the project and the
estimated contract price; and
(B)(1)
If provided by electronic medium, must be provided at least 14 days
before the initial obligation of funds; or
(2)
If provided by other than electronic medium, must be received by the
congressional defense committees at least 21 days before the initial obligation
of funds.
(ii) For restoration or replacement of damaged or
destroyed facilities (10 U.S.C. 2854(b)), the notification—
(A) Must include the justification for the
project, the estimated contract price, and the source of the funds for the
project; and
(B)(1)
If provided by electronic medium, must be provided at least 7 days
before the initial obligation of funds; or
(2)
If provided by other than electronic medium, must be received by the
congressional defense committees at least 21 days before the initial obligation
of funds.
(2)
During the applicable
notice period, synopsis of the proposed contract action and administrative
actions leading to the award may be started.
236.602 Selection of firms for architect-engineer
contracts.
236.602-1 Selection criteria.
(a) Establish the evaluation criteria before making the public announcement required by FAR 5.205(d) and include the criteria and their relative order of importance in the announcement. Follow the procedures at PGI 236.602-1(a) (DFARS/PGI view).
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 330,
Architect-Engineer Qualifications, Part II.
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.
(a)(1) Use the clause at 252.236-7009, Option for
Supervision and Inspection Services, in solicitations and contracts for A-E
services when—
(i) The contract will
be fixed price; and
(ii) Supervision and inspection services by the
A-E may be required during construction.
(2) Include the scope of such services in
Appendix A of the contract.
(b) Use the provision at 252.236-7011, Overseas
Architect-Engineer Services--Restriction to United States Firms, in solicitations for
A-E contracts that are—
(1) Funded with
military construction appropriations;
(2) Estimated to
exceed $500,000; and
(3) To be
performed in Japan, in any North Atlantic Treaty Organization member country,
or in countries bordering the Arabian Gulf.