numbers, one of whom shall be appointed as Chairman and one of whom may be appointed recording secretary:

(1) One member with experience in procurement of A-E services. This member will normally be the cognizant contracting officer or the contract negotiator for the project.

(2) Two members with technical experience in the fields of architecture, engineering or construction. These members will normally be from the organization responsible for the work.

(3) One member with technical knowledge of the functional (user) requirements of the project.

(4) For A-E procurements estimated at $60,000 or more, a member appointed by the Director, Installations and Logistics, OST (TAD-60), unless he declines to appoint a member.

(5) Other special members as are deemed necessary.

(6) A-E Board members may be appointed from among highly qualified professional employees of other Government agencies or the private sector, engaged in the practice of architecture, engineering, construction or related professions. When a proposed Architect-Engineer Evaluation Board includes a member from the private sector, the Office of Installations and Logistics, OST (TAD-60) shall be notified before the Board is established. No firm or organization shall be eligible for consideration for a contract with a procuring activity during the period in which any of its principals or associates are participating as members of an A-E Evaluation Board on behalf of that procuring activity.

(7) Operating elements and secretarial offices that do not have personnel experienced in Architect-Engineer selection procedures or personnel with the necessary technical disciplines to evaluate Architect-Engineer firms for a particular project may request the assistance of the Office of Installations and Logistics, OST (TAD-60) in establishing the A-E Evaluation Board.

§ 12-4.1004-2 Functions of the Evaluation Board.

(a)(1) Because of the Department policy to establish ad hoc evaluation boards instead of permanent boards to

select Architect-Engineers, the cognizant procurement office or facilities design and construction activity shall be responsible for collecting the Standard Forms 254 and maintaining the qualification data on file. Although A-E firms should submit a new Form 254 each year, forms up to three years old shall be considered current. Forms more than three years old may be discarded.

(2) Organizations may choose not to maintain A-E qualification data files and arrange to use existing data files of other DOT organizations including the files available in the Office of Installations and Logistics, OST (TAD60). If an organization chooses this option it should forward all A-E qualification data it receives from interested firms to the organization maintaining the data file.

(b) The following outlines the functions of the Architect-Engineer Evaluation Board in more detail and the sequence in which the functions are to be performed:

(1) Analyze the nature and scope of the project work requirements.

(2) Develop the criteria and evaluation systems to be used in screening firms for the Pre-selection List and in the final selection.

(3) Prepare the public announcement for the project (§ 12-4.1003) and provide it to the procurement office for publication.

(4) Screen the Standard Form 254s and Standard Form 255s and any other qualification data received in response to the public announcement of the project and prepare a Pre-selection List of the best qualified firms for further consideration. The Pre-selection List must consist of at least three firms.

(5) Obtain additional, detailed qualification and past performance information for each of the firms on the Pre-selection List. This information shall include the following:

(i) Past record of performance. How well firms have performed on previous projects including quality of work, ability to meet schedules, accuracy of cost estimates and any other pertinent factors. This information should be obtained by contacting former clients in Government and private industry.

(ii) Project proposal. The A-E firm shall submit a project proposal to the A-E Evaluation Board, in writing, prior to the interviews required by § 12-4.1004-2(b)(6). The project proposal should normally include the type of information outlined below. However, the proposal may vary in content and level of detail depending on the scope, complexity and nature of the particular project under consideration. The firm shall be provided with a description of the nature and scope of work to be accomplished to assist the firm in preparing the proposal. In addition, firms selected to submit proposals shall be advised of the evaluation criteria that will be used to select the firm for negotiations.

(A) Technical approach. A brief discussion of: the tasks or steps that the firm will undertake to accomplish the work described in the scope of work, overall planning and design approach/ philosophy, possible conceptual approaches (narrative) and unusual aspects or potential problems the firm envisions that may be encountered during project execution, and which may require special consideration (including environmental considerations and provisions for the handicapped).

(B) Energy conservation approach. Brief narrative of the technical approach that the A-E firm would use to maximize energy conservation for the project under consideration. The approach should discuss those systems that could have significant impact on energy conservation, and the criteria and engineering considerations that would be used to design these systems for maximum energy conservation. The A-E should also give examples of energy conservation design techniques and measures that the firm has used in previous design projects including the results obtained. If possible the results should be expressed quantitatively in terms of operating costs, resource consumption or BTU's per square foot. (C) Proposed project schedule and man-loading plan (manpower in each technical discipline over contract period).

(D) Visual examples of previous work such as photographs of completed construction projects designed by

the firm and copies of completed plans and specifications. (These may be provided at the interviews required by § 12-4.1004—2(b)(6).)

(E) Management approach. A brief discussion of the project team organization, project management procedures, methods to be used in controlling construction cost estimates, quality control procedures, and the anticipated A-E/client relationship.

(F) Firm's current workload. For example, a list of on-going projects including their construction value (or AE fee if construction value is not applicable) and percentage of completion.

(G) Percentage and number of minority and women employees in all job classifications and pay scales. Minorities are specified as being American Indian, Negro, Spanish surnamed Americans, Orientals, Aleuts and Eski

mos.

The project proposal should also inIclude any changes to the information provided in the Standard Forms 254 and 255 that the firms may wish to make, particularly on proposed key personnel and consultants and relevant past work. The A-E firm should be advised not to submit price proposals at this time, or design sketches, drawings, and design data in connection with the proposed project. If an Administration or element of OST desires conceptual designs from A-E firms written approval shall be obtained from the Assistant Secretary for Administration prior to soliciting such proposals.

(6) Conduct interviews with the firms on the Pre-selection List. As part of the interview the Architect-Engineer firms shall be given an opportunity to make an oral presentation of their qualification and experience data, proposed project approach and any other relevant data. The project manager and other key project personnel and consultants proposed by a firm should participate in the interview.

(7) Whenever it is practical and advantageous, the A-E Evaluation Board should visit the offices of the A-E firms on the Pre-selection List to inspect their facilities and work environment, to meet members of the proposed project team, to see work in progress and additional examples of

completed projects. These visits should be made in conjunction with the interviews referred to in § 124.1004-2(b)(6).

(8) Review the Standard Forms 254 and 255, the project proposals, and other experience and qualification data for each firm on the Pre-selection List and perform a systematic numerical evaluation rating and ranking of the firms using the applicable evaluation criteria in § 12-4.1004-3.

(9) Develop in rank order, a listing of not less than three firms considered most highly qualified to perform the required services, based on the evaluation rating and ranking of the firms on the Pre-selection List, and prepare a report to the agency head (or his authorized representative) recommending these firms for negotiations. The report shall include in sufficient detail the extent of the evaluation and the considerations upon which the recommendations were based, and any other data and material developed by the AE Evaluation Board which might be useful in the negotiations.

§ 12-4.1004-3 Evaluation criteria.

The following expands the evaluation criteria provided in the FPR. Each criteria factor should be weighted according to its order of importance with respect to the project under consideration.

(a) Specialized experience. Relevant recent experience of the firm (including joint venture or association) in projects comparable to the proposed project.

(b) Capacity/capability. (1) Relevant experience and capability of key project personnel, and key individual and outside consultants.

(2) Diversity of skills the firm proposes to apply to the project in order to perform all aspects of the work, such as planning, architectural design and civil, mechanical and electrical engineering.

(3) Total number of personnel the A-E firm employs in the technical disciplines required for the proposed project.

(4) Firm's current workload.

(c) Technical ability and understanding of requirements. (1) Technical approach.

(2) Understanding and experience in energy conservation design.

(3) Project schedule.

(4) Man-loading plan.

(5) Quality of examples of previous work.

(d) Project organization and management. (1) Project team organization.

(2) Project management procedures. (3) Methods to be used in controlling construction cost estimates.

(4) Quality control procedures. (5) Anticipated A-E/client relationship.

(e) Past record of performance. Past record of performance on contracts with DOT and other former clients in Government and private industry with respect to such factors as quality of work, ability to meet schedules, accuracy of cost estimates compared to actual bids and quotes, number and dollar amount of construction change orders, and A-E/client relationship. The following evaluation criteria factors do not necessarily relate to the ability of an A-E firm to do the required work. However, they do reflect Department policy and therefore they should be used in the A-E evaluation process. They may be used separately from the other criteria in terms of bonus or penalty points to the basic numerical evaluation rating.

tals, Aleuts and Eskimos. In addition, the percentage of women in all job classifications and pay scales shall also be considered.

§ 12-4.1004-4 Action by the agency head or his authorized representative.

(a) The agency head (or his authorized representative) shall review the recommendations of the Architect-Engineer Evaluation Board. The recommendations of the Architect-Engineer Evaluation Board will normally be accepted, unless the report does not adequately support the recommendations. If the recommendations are not accepted the Architect-Engineer Evaluation Board shall be required to reconvene until an acceptable set of recommendations is agreed upon.

(b) The accepted report shall serve as authorization for the contracting officer to commence negotiations with the A-E firm ranked number one by the A-E Evaluation Board.

§ 12-4.1004-5 Procedures for procurements estimated not to exceed $10,000. When authorized by the agency head (or his authorized representative) the following procedure may be used in lieu of the procedures prescribed in §§ 12-4.1004-1, 12-4.1004-2, and 12-4.1004-4.

(a) The selection shall be accomplished by an informal evaluation board consisting of at least two members from the organization responsible for the work who are knowledgeable in the technical fields most significantly related to the proposed project. The Board shall follow the procedures prescribed in § 12-4.1002(b). However, the Board shall use its judgment in determining the extent of detailed qualification and past performance data needed to fully evaluate the A-E firms. The Board should at least obtain the Standard Form 254, the firms' past record of performance and visual examples of previous projects.

(b) The Board's report, recommending at least three firms, in rank order, considered best qualified to perform the required services, shall be submitted to the contracting officer for review. If the report is acceptable it shall serve as authorization for the contracting officer to begin negotia

The limitation on Architect-Engineer fees of 6 percent of the estimated construction cost applies to all services that are an integral part of the production and delivery of plans, designs, drawings and specifications of a construction project. The limitation, however, does not apply to the cost of investigative and other services including but not limited to the following:

Development of program requirements (scope of work).

Determination of project feasibility. Preparation of drawings of an existing facility, where current drawings are not available.

Subsurface investigations (soil borings). Structural, electrical, and mechanical investigations of an existing building, where current information is not available.

Surveys: Topographic, boundary, utility. Preparation of models, color renderings, photographs, or other presentation materi

als.

Travel and per diem for special presentations.

Supervision and inspection of construc

tion.

Preparation of operating and maintenance manuals.

Master planning.

§ 12-4.1050 Release of information.

The rank order list of firms selected by the A-E Evaluation Board as most highly qualified is for the internal use of the Department, and such information shall at no time be made known to the firms under consideration or to any other non-governmental source. Information may be released by the contracting officer, unless precluded by security considerations, identifying the A-E selected for negotiation and describing the work in general terms. If negotiations are terminated without consummating a contract, the contracting officer may release such information and the name of the firm with which the Government will start

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§ 12-4.1052 Debriefing unsuccessful interviewed firms.

(a) After a contract is awarded unsuccessful firms that participated in the interviews shall be debriefed upon request of the firm. The purpose of the debriefing is to give firms information which may assist them in improving future presentations, and to provide assurance that the selection was made fairly and in accordance with regulations and the provisions of the solicitation.

(b) The debriefing shall inform the unsuccessful firms where they were weak or deficient. However, point by point comparisons with other firms shall not be made nor shall the merits, technical standing or evaluation scoring of other firms be discussed.

§ 12-4.5101 Delegation of authority.

The Assistant Secretary for Administration and the Administrators of the Federal Aviation Administration, Federal Highway Administration, Federal Railroad Administration, Urban Mass Transportation Administration and the Commandant, U.S. Coast Guard have been delegated authority to execute Internal Revenue Service (IRS) Application Forms 1486 and 1444 to procure specially denatured spirits and tax-free spirits in accordance with §§ 211.231 and 213.142 respectively, of Title 26 of the Code of Federal Regulations. The foregoing officials may redelegate this authority to one or more officials within their organizations but without power to further redelegate. Any redelegation of this authority shall be in the form of a letter addressed to the Director, Alcohol and Tobacco Tax Division, Internal Revenue Service, Washington, D.C. 20224.

§ 12-4.5102 Procedure.

(a) See § 211.233 of Title 26 for procurement of specially denatured spirits, and § 213.143 of Title 26 for procurement of tax-free spirits.

(b) If the application is to cover more than one geographical location, insert in Item 2, Form 1486 or 1444: "Various locations of the (insert name of Administration) as indicated by purchase order." IRS processes the application and, on the same form, issues the permit to procure. The application form may be signed only by an official named in § 12-4.5101 or his designee. The permit remains valid until surrendered by the Administration or cancelled by IRS.

(c) The permit issued on Form 1444 authorizes procurement from any qualified distilled spirits plant. A listing of such plants is provided on IRS Document No. 5237. The list and revision service may be obtained upon request to IRS, Alcohol and Tobacco Tax Division, 1111 Constitution Avenue NW., Washington, DC 20224.