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Subpart 936.6—Architect-Engineer

Services

936.601 Policy.

To ensure the broadest publicity concerning DOE's interest in obtaining architect-engineer services,

a notice of intention to contract for architect-engineer services shall be prepared and published for each acquisition of architect-engineer services, in accordance with the requirements of FAR 5.205(c) and 5.207. The submissions requested and received as part of the architect-engineer selection process differ in substance from proposals received for other types of acquisition. Consequently, the policies and procedures contained in FAR 15.412 concerning the consideration of the late responses are not applicable to proposals submitted under the provisions of this Subpart 936.6. [49 FR 12016, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984)

936.602-2 Evaluation boards.

(a) Architect-engineer evaluation boards shall be used for the selection of professional architect-engineer services when the estimated cost of the contract is $500,000 or more. Except as provided by this subpart, the use of architect-engineer evaluation boards shall be governed by the general policies and procedures contained in FAR 36.6 and the policies concerning the selection of such contractors by board process contained in internal DOE Directives. These policies and procedures are also applicable to the selection of architect-engineers for awards of less than $500,000. However, less formal procedures and practices may be followed, depending upon the circumstances in each particular selection, at the discretion of the selecting official. The Source Selection Official, as designated in 915.612, shall establish an architect-engineer evaluation board and select the contractor. (49 FR 12016, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984)

254; and indicate specific interest in providing services for a particular project, in response to the public announcement, by submittal of Standard Form 255 (and Standard Form 254 if not previously submitted). Supplemental information may be solicited as a means of initiating the discussion phase of the architect-engineer selection process. This may be particularly appropriate for the larger or more complex projects where sufficient qualification and performance data are not available from the Standard Forms 254 and 255, and additional information beyond that already furnished is needed to apply the selection criteria and evaluate and rank the firms. Firms should not be requested to furnish the same information previously submitted on Standard Forms 254 and 255, nor should they be requested to submit preliminary designs, plans and drawings, except in appropriate circumstances involving design competitions.

(2) After the notice of intention to contract for architect-engineer services has been published and the date for submission of the standard forms has passed, the evaluation board and/ or the selecting official shall review and evaluate the Standard Form 254 and the Standard Form 255, where applicable, submitted in response to the public announcement. Consideration should be given to requesting submission of a Standard Form 255, by qualified firms which fail to respond to the public announcement to assure adequate competition. Based on this evaluation, no less than three firms shall be selected for the purpose of holding discussions. It is not necessary to hold discussions with any firm that fails to submit a Standard Form 255, where required.

(c)(1) Normally, only those firms which are compatible with the size and complexity of the job requirements should be considered for discussions; that is, for a small, relatively simple job, firms whose resources and qualifications are far in excess of the job requirements should not be considered unless no satisfactory response is received from any other compatible highly qualified firm, and where size and simplicity of the project permit,

936.602-3 Evaluation board functions.

(a)(1) Firms indicate their general interest in providing services by annual submittal of Standard Form

consideration should be limited to the geographic area of the project.

(2) Every opportunity and encouragement shall be given to small business, small disadvantaged businesses and women-owned small business concerns firms. Toward this end, groups that propose to form a joint venture or engage the services of small consulting firms for portions of the effort shall be given full consideration by the evaluation board and the selection official of their combined qualifications.

(3) After three or more firms have been selected in accordance with 936.602-70, discussions shall be held with these firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services. These discussions may be used to obtain additional qualification, performance, and management data, and other information needed to properly apply the evaluation criteria and evaluate the firms under consideration.

(4) Requests for supplemental information shall not request firms to submit price proposals. Such requests can be used only to obtain information that will enable DOE to select the best qualified contractor. When a request for supplemental information is made, some wording should be included to identify it with the discussion phase of the selection process similar to the following: “As a result of our evaluation of material on file with this office and the SFs 254 and/or 255 submitted in response to Public announcement we have selected your firm for further consideration for selection and award of a contract to perform the architectengineer services which are described below. The principal purpose of this request is to obtain additional specific qualification and performance data concerning your firm."

(5) The term “discussions" includes telephone conversations, exchange of correspondence, or interviews. The term "interview" as used in FAR 5.207(d), Note 63, means “discussions" as defined above.

(d) When the evaluation board completes its functions, it shall prepare a report, including its recommendations, and submit it along with the solicitation, selection criteria, weights, and

other information and documents, as may be requested, to the Source Selection Official through the Procurement Executive, or designee, when the Source Selection Official is in Headquarters. The Procurement Executive, or designee, shall arrange for appropriate Headquarters review of the report and prepare an action memorandum to the Source Selection Official for consideration in making the selection.

(e) The evaluation board's duties will ordinarily include preparation of the public announcement (936.601) and development of evaluation criteria, based on architect-engineer services requirements established by the appropriate DOE program and staff organization; development of evaluation criteria weighting; review and evaluation of Standard Forms 254 and 255; review and evaluation of information from other sources, such as appraisals of performance on previous contracts awarded to the architect-engineer firm; development of additional infor. mation requirements and conduct of discussions with firms selected for further consideration; determination of ranking of the firms evaluated; preparation of the evaluation board report and presentation of the board's findings, or recommendations, to the selecting official.

(f) The public announcement (see 936.601) covering the requirement for architect-engineer services, criteria and relative weightings, as developed by the evaluation board, shall be submitted to the Procurement Executive or designee, for appropriate review and comment prior to issuance of the announcement, where it is a Headquarters' selection or requires Headquarters' review and approval of the contract action. Commerce Business Daily announcements shall be prepared in accordance with FAR Subpart 5.2. (49 FR 12016, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984)

936.602-4 Selection authority.

(b) Upon completion of discussions and evaluation of the firms that were selected for discussions, the board shall recommend to the selecting offi

cial, in order of preference, based upon (6) Adequacy of central or branch the criteria in 936.602-70 and any spe office facilities for the proposed work, cial criteria included in the public an including facilities for any special servnouncement, no less than three firms ices that may be required; deemed to be the most highly quali (7) Geographic location of the home fied to provide the services required. office and familiarity with the locality The Standard Form 255 submitted by in which the project is located: firms with which written or oral dis (b) Personnel and organizations. cussions were held should be retained

(1) Specific experience and qualificain selection file; all other Standard tions of personnel proposed for assignForms 254 may be discarded 90 days ment to the project, including, as reafter award. The selecting official quired for various phases of the work: shall then select the firm determined

(i) Technical skills and abilities in to be most highly qualified. Should planning, organizing, executing, and the firm selected be other than that controlling; ranked highest in qualifications by the

(ii) Abilities in overall project coordievaluation board, the selecting official nation and management; and shall provide complete documentation

(iii) Experience in working together of his decision which shall become

as a team; part of the contract file.

(2) Proposed project organization,

delegations of responsibility, and as936.602-70 DOE selection criteria.

signments of authority; Contracting officers or architect-en (3) Availability of additional compegineer evaluation boards shall apply tent, regular employees for support of the evaluation criteria contained in the project, and the depth and size of this subsection, as appropriate, and the organization so that any necessary any special criteria developed for indi. expansion or acceleration could be vidual selections. Wher: special and ad handled adequately; ditional criteria are to be used, they (4) Experience and qualifications of shall be set forth in the public an proposed consultants and subcontracnouncement required by 936.601, and a tors; and written justification for their use shall (5) Ability to assign adequate qualibe placed in the DOE file maintained

fied personnel from the proposed orfor the project.

ganization (firms own organization, (a) General qualifications, includ joint-venture organizations, consulting ing:

firms etc.) including key personnel and (1) Reputation and standing of the a competent supervising representafirm and its principal members;

tive. (2) Experience and technical compe (c) Additional (or special) criteria detence of the firm in comparable work; veloped for the specific project shall

(3) Past record in performing work be considered and evaluated as may be for DOE, other Government agencies, appropriate. and private industry, including projects or contracts implemented

936.693 Collecting of data on and appraiswith no overruns; performance from ing firms' qualifications. the standpoint of cost including cost (a) Establishing offices. DOE offices overruns (last 5 years); the nature, that regularly acquire architect-engiextent, and effectiveness of contrac neer services shall collect and maintor's cost reduction program; quality tain current qualifications and perof work; and ability to meet schedules formance data files on architect-engiincluding schedule overruns (last 5 neer firms, including information on years) (where applicable);

their past experience on various types (4) The volume of past and present of construction projects. Normally, workloads;

Standard Form 254, Architect-Engi(5) Interest of company manage neer and Related Services Questionment in the project and expected par naire, shall be used for this purpose. ticipation and contribution of top offi Information from other sources, such cials;

as appraisals of performance of previ.

ous projects awarded to the firm, may (iii) Special equipment to be proalso be included in the files.

cured by a DOE operating contractor,

construction contractor, or architect936.605 Government cost estimate for ar

engineer, or furnished by DOE; chitect-engineer work.

(iv) Special equipment to be desig. (a) Prior to the initiation of negotia nated by the architect-engineer; and tions, an independent Government es (v) Special equipment to be installed timate of the cost of the required ar by the construction contractor. chitect-engineer services will be pre (2) A statement should be provided pared based on a detailed analysis of indicating total estimated cost of the the costs expected to be generated by work exclusive of the construction the work. Consideration shall be given contractor's fee, and to the extent to the estimated value of the services available, identifying labor, material, to be rendered, and to the scope, com and indirect costs, and any amount inplexity, and nature of the project. The cluded for contingencies; estimated independent Government estimate cost of architect-engineer services; and shall be revised as required during ne the estimated time of completion of gotiations to reflect changes in or clar design or construction work with an ification of the scope of the work to be explanation of the basis for establishperformed by the architect-engineer. ing the completion schedules. On construction projects, a fee esti (c) A written statement should be mate based on the application of per prepared which gives the extent to centage factors to project cost esti which the services of the architect-enmates of the various segments of the gineer include any of the services set work involved may be developed for forth below. comparison purposes, but such a cost (1) Conceptual Design-Provide preestimate shall not be used as a substi liminary studies to develop a project tute for the independent Government scope that satisfies a program need, estimate.

statutory requirements; validate feasi. (b) The Government estimate shall bility and attainable performance include the following information: levels; identify and quantify risks: De

(1) A sufficiently detailed descrip velop a reliable budget estimate and a tion and cost estimate of the work to realistic performance schedule; develpermit an evaluation of services to be op project criteria and design paramperformed by the various participants eters for all engineering disciplines, and the degree of complexity of its identify applicable codes and standprincipal components. When A-E con ards, quality assurance requirements, tracts are fixed price, the information environmental studies, materials of as to the work should be in more construction, space allowances, energy detail and on a firmer basis, particu conservation features, health, safety, larly as to estimated costs, than for a safeguards, and security requirements CPFF contract. The estimated cost of and any other features or requirethe component items (including the ments necessary to describe the cost of material and equipment fur project. nished by DOE) and their descrip (2) Title 1-Provide the necessary tions, insofar as available, should be topographical and other field surveys, included as follows:

test boring, and other subsurface in(i) Major buildings and other struc vestigation; prepare preliminary studtures for which complete designs and ies, sketches, layout plans, and outline specifications are to be prepared by specifications; and prepare reports inthe architect-engineer, including cluding estimates of cost of the pronumber and cost of each type, with as posed project and of all structures, much information is available utilities, and appurtenances thereto. (within security requirements) as to (3) Title II—Provide complete design the functional requirements for such of the work including preparation of structures;

all required preliminary and final (ii) Major utilities, including classifi working drawings, specifications, estications and costs, in as much detail as mates, and contract documents; and practicable;

assist in securing, analyzing, and eval.

as

or

uating bids or proposals for construction; and consult with DOE on all questions arising in connection with the services performed by the architect-engineer.

(4) Title III—Provide complete architect-engineer supervision and inspection of construction under the direction of a responsible representative, check shop drawings, and furnish drawings to show construction has actually been accomplished.

(5) Process design-Process design normally requires the preparation of flow diagrams showing each operating step to perform the process; material and heat balances where required; determination of the nature, capacity and design characteristics of production equipment; the general design of connecting flow lines to handle the calculated rates of product and byproduct flow; and schematic layouts.

(6) Procurement of materials and equipment (describe fully) if specified for accomplishment in conjunction with Title I, II, and III services and approved by the Procurement Executive.

(7) Other special services (describe fully) if specified for accomplishment in conjunction with Title I, II, and III services and approved by the Procurement Executive.

ice (Title II and III), based upon information developed in the first phase.

(b) The contracting officer shall request the selected architect-engineer firm to submit its price proposal with supporting cost or pricing data in accordance with FAR 15.804. Revisions of the price and supporting cost or pricing data may be made as required during negotiations to reflect changes in or clarification of the scope of work to be performed by the architect-engi. neer

findings derived from preaward audits conducted pursuant to FAR 15.805-5.

(f) The contracting officer shall negotiate a price considered fair and reasonable based on a comparative study of the independent Government estimate and the architect-engineer's proposal. Significant differences between elements of the two figures and between the overall figures shall be discussed and the contracting officer shall ascertain the reasons therefor. Under the authority of section 602(d) (13) and (20) of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 474) as amended, contracts for architect-engineer services for former AEC functions and those of BPA now being performed by DOE shall not be limited to the six percentum fee restriction in section 304 of the Act, 41 U.S.C. 245(b).

(g) Promptly at the conclusion of each negotiation, a memorandum setting forth the principal elements of the negotiation shall be prepared in. accordance with the requirements of FAR 15.808, for use by the reviewing authorities and for inclusion in the contract file. The memorandum shall contain sufficient detail to reflect the significant considerations controlling the establishment of the price and other terms of the contract.

(49 FR 12016, Mar. 28, 1984; 49 FR 38951, Oct. 2, 1984)

936.606 Negotiations.

(a) A fixed-price contract for architect-engineer services should be used wherever it is practicable to compile, in advance of the preparation of plans and specifications, adequate information specifically describing the character and extent of services required. When there is insufficient scope information available to permit contracting for complete services (Title I, II, and III) on a fixed-price basis, and when it may be to the advantage of the Government to do so, appropriate consideration should be given to contracting only for a study contract or for the preliminary engineering (Title I), on either a reimbursable or fixed-price basis, in order to permit entering into a fixed-price contract for the remaining portion of architect-engineer serv

936.609-3 Work oversight in architect-en

gineer contracts. In addition to the clause at FAR 52.236-24, the contracting officer shall insert the clause at 952.236-71 in architect-engineer contracts.

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