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PART 4

SPECIAL TYPES AND METHODS OF PROCUREMENT

Subpart 1–[Reserved]

Subpart 2- Architect-Engineer Services 4.200 Scope of Subpart. This Subpart prescribes procedures for the procurement by contract of professional services of architects and engineers (referred to hereafter as architect-engineer services). Procedures for procuring architect-engineer services through the construction organization of the Corps of Engineers, Department of the Army, are set forth in NASA Management Instruction 1052.86, “NASA-Corps of Engineers Agreement for Performance of Construction Services."

4.201 Definitions. As used in this Subpart, the following terms shall apply:

(a) “Architect-engineer services” consist of services required in connection with:

(i) preparation of designs, plans, drawings, and specifications for a

proposed construction project (referred to as Title I Services);
and
supervision and inspection of the construction work (referred

to as Title II Services).
(b) Title I Services include:
(i) preparation of necessary topographical and other field surveys,

test borings, and other subsurface investigations; (i) preparation of preliminary studies, sketches, layout plans, and

reports, including estimates of cost of the proposed project and

of all structures, utilities, and appurtenances thereto; (ii) adaptation of Government designs, drawings, specifications,

and standards for buildings and other structures as necessary; (iv) preparation of final designs, working drawings, specifications,

and cost estimates of the proposed project; (v) assistance to the contracting officer in preparing invitations for

bids or requests for proposals for the required construction work

and in evaluating bids or proposals received; (vi) review and approval of all shop and working drawings submitted

by the construction contractor; and (vii) advice during the construction period relative to interpreting the

plans and specifications in the event inspection of the construction

is performed by the Government. (c) Title II Services include complete supervision and inspection of the construction work and preparation of record drawings to show the construction as actually accomplished,

4.202 Policy. The selection of architects-engineers for professional services shall be based on the professional qualifications necessary for satisfactory performance of the required services and not on the basis of the evaluation of competitive bids or proposals.

NASA PROCUREMENT REGULATION

14.202

SPECIAL TYPES AND METHODS OF PROCUREMENT

4.203 Architect-Engineer Selection Board.

4.203-1 Establishment. The head of each installation shall establish an architect-engineer selection board to be composed of not less than three members who, collectively, have experience in engineering, construction, and procurement matters. Members shall be appointed from employees from within the installation, one of whom shall be designated as chairman.

4.203-2 Functions.

(a) Except as otherwise provided in 4.203-4, the architect-engineer selection board shall perform the following functions:

(i) Collect and maintain data on architect-engineer firms, including

information on the qualifications of their members and key employees, past experience on various types of construction projects, and standing in the profession. (U.S. Government ArchitectEngineer Questionaire Standard Form 251—will be used for this

purpose.) (ii) When procurement by contract of architect-engineer services for

a particular project is contemplated, review the qualifications of an adequate number of architect-engineer firms and evaluate the architect-engineer firms in accordance with paragraph (b) below. (In making this review and technical evaluation, correspondence and conferences with architect-engineer firms under consideration

shall be conducted to the extent deemed necessary.) (iii) Prepare a report for submission to the head of the field installation,

recommending, in the order of preference, a minimum of three firms which, after careful evaluation, are considered the best qualified to perform the required services. (This report shall include sufficient details as to the extent of the evaluation and review made and the considerations upon which the recommenda

tions were based.) (b) In evaluating architect-engineer firms, the architect-engineer selection board shall consider the following factors:

(i) specialized experience of the firm in the field or fields required;
(ii) capacity of the firm to perform the work within the required time;
(ii) past record of performance on contracts with NASA, other Gov-

ernment agencies, and private industry, including such factors as

control of costs, quality of work, and ability to meet schedules; and (iv) geographic location of the firm and its familiarity with the area

in which the project is located. Since it is NASA policy to encourage additional firms to participate in the performance of architect-engineer services for NASA, the architect-engineer selection board shall, to the fullest extent practicable, give favorable consideration to qualified firms not having prior performance experience with NASA.

4.203-3 Action by Head of Installations. Except as otherwise provided in 4.203-4, the head of the installation shall review the recommendations of the architect-engineer selection board and shall:

(i) approve the recommended list of qualified architect-engineer firms

as submitted;

ARCHITECT-ENGINEER SERVICES

(ü) rearrange the order of preference; or
(iii) return the recommendations to the board for such action as he

may consider necessary. The head of the installation shall advise the board of the final action and shall furnish the contracting officer with a copy of the report and final action thereon which will serve as authorization to commence negotiation. The list of qualified firms in order of preference is for internal use of NASA, and such information shall not be made known to the firms under consideration.

4.203–4 Simplified Procedures For Procurement Estimated to Cost $10,000 or Less. When authorized by the head of the installation, one of the simplified procedures set forth below may be used in selecting architect-engineer firms to perform services that are estimated to cost $10,000 or less, in lieu of the architect-engineer selection board performing the functions prescribed by 4.203–2(a) (ü) and (iii), and actions prescribed by 4.203–3.

(a) Selection by the Board. After reviewing and evaluating architectengineer firms in accordance with 4.203–2(a)(ii) and 4.203–2(b), the board will prepare a report for submission to the contracting officer listing, in the order of preference, a minimum of three firms which, after careful evaluation, are considered the best qualified to perform the required services. (This report will include sufficient details as to the extent of the evaluation and review made and the considerations upon which the selections were based.) This report will be forwarded to the contracting officer and will serve as authorization to commence negotiation.

(b) Selection by the Chairman of the Board. When, in the judgment of the chairman of the board, it is considered that board action is not required in connection with a particular selection of architect-engineer firms, the following procedures will be followed:

(1) The chairman of the board will perform the functions required by 4.203–2(a)(ü).

(2) The chairman of the board will prepare a report in the same manner as that prescribed by 4.203–2(a)(iii), except that the report will be submitted to the head of the field installation or his designee for concurrence.

(3) The head of the installation or his designee will review the report from the chairman of the board, and concur with the selection made by the chairman, or return the report to the chairman for such action as may be considered necessary.

(4) Upon receipt of a concurred report, the chairman of the board will furnish the contracting officer with a copy of the report. Such report will serve as authorization to commence negotiation.

4.203–5 Selection of Architect-Engineers for Master Planning.

(a) Definition of Master Plan. A master plan is an integrated series of documents which present in graphic, narrative, and tabular form the present composition of the installation and the plan for its orderly and comprehensive development to perform its various missions in the most efficient and economical manner.

(b) Selection. Where it is proposed to select an architect-engineer to develop a master plan in connection with the establishment of a new NASA activity or installation, the report prepared by the architect-engineer selection

SPECIAL TYPES AND METHODS OF PROCUREMENT

board, in accordance with 4.203–2(a)(iii) will be forwarded by the head of the installation, with his concurrence in the selection, to the cognizant Institutional Director, NASA Headquarters, for the approval of the Administrator and the concurrences of the Deputy Administrator and the Associate Administrator. The cognizant Institutional Director will refer the report for review to the Procurement Office (Code: KD), the Office of Facilities (Code: BX), and to other offices as appropriate under the circumstances. After receipt of comments and recommendations from the reviewing offices, the cognizant Institutional Director will revise, modify, or concur in the report, as appropriate, and forward it to the Administrator, via the Associate Administrator.

4.204 Negotiation Procedures.
4.204–1 General.

(a) The contracting officer is responsible for conducting the negotiations and for the results thereof. In discharging his responsibilities, the contracting officer shall use the services of technical, legal, financial, pricing, and other specialists in NASA, as required. Negotiations shall be directed toward:

(i) making certain that the proposed contractor has a clear under

standing of the essential details of the required work; (ii) determining that the proposed contractor will make available the

necessary personnel and organization to accomplish the work

within the required time; and (iii) effecting mutual agreement on the provisions of the contract and

on a fair and reasonable fee (contract price) for the required work. (b) Limitation on Fee. Pursuant to 10 U.S.C. 2306(d), the amount of the fee that may be paid to an architect-engineer under a cost-plus-a-fixed-fee contract for the production and delivery of the designs, plans, drawings, and specifications required for the accomplishment of any public works or utilities project may not exceed 6 percent of the estimated cost of such project, exclusive of the amount of such fee. In addition, it is NASA policy to apply this statutory limitation to the fee paid to an architect-engineer for the performance of such services under a fixed-price contract. The architect-engineer services subject to this limitation are those described in 4.201(b) (i), (iii), and (iv). This limitation shall be applied on an individual contract basis.

4.204–2 Conduct. Negotiations shall be conducted initially with the architect-engineer firm given first preference under the procedures set forth in 4.203. If a mutually satisfactory contract cannot be negotiated with such firm, the negotiations shall be terminated and the firm notified. Negotiations then shall be initiated with the firm given second preference and this procedure shall be continued until a mutually satisfactory contract has been negotiated.

4.204-3 Independent Government Estimate. Prior to the initiation of negotiations, the contracting officer shall develop an independent Government estimate of the cost of the required architect-engineer services, based on a detailed analysis of the costs expected to be generated by the work. Information, such as hourly pay rates and overhead and general and administrative expense loading factors, may be requested from the architect-engineer firm under consideration to the extent required in preparing the Government estimate. The independent Government estimate shall be revised as required

ARCHITECT-ENGINEER SERVICES

during negotiations to reflect changes in, or clarification of, the scope of the work to be performed by the architect-engineer. A cost estimate, based on the application of percentage factors to cost estimates of the various segments of the construction project, may be developed for comparison purposes, but such a cost estimate shall not be used as a substitute for the independent Government estimate.

4.204-4 Architect-Engineer's Estimate. The contracting officer shall request the architect-engineer firm to submit its proposed fee and supporting detailed cost breakdown. Such request shall be made prior to the initiation of negotiations, where practicable, or promptly after agreement on the scope of the work to be performed has been reached during negotiations. Revisions of the proposed fee and supporting detailed cost breakdown shall be requested as required during negotiations to reflect changes in, or clarification of, the scope of the work to be performed by the architect-engineer.

4.204–5 Fair and Reasonable Fee. The contracting officer shall negotiate a fee considered fair and reasonable based on a comparative study of the independent Government estimate and the architect-engineer's estimate. Significant differences between elements of the two estimates and between the overall estimates shall be investigated, and the contracting officer shall satisfy himself as to the reasons therefor.

4.204–6 Procurements Requiring Headquarters Approval. Contracts for architect-engineer services that require the prior approval of the Director of Procurement are specified in 50.105(b)(ii). The request for approval shall include all information required to be developed by this paragraph 4.204, and in particular, shall set forth the detailed cost breakdown on which the determination was based that the proposed fee is fair, reasonable and consistent with the provisions of 4.204–1(b).

4.204–7 Record of Negotiation. Promptly at the conclusion of each negotiation, the contracting officer shall prepare a memorandum, setting forth the principal elements of the contract negotiations, for use of 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 fee and other terms of the contract. Paragraph 50.106 of this Regulation prescribes the type of information to be included.

4.205 Contracting With Architect-Engineer Firms for Construction Work.

4.205–1 Policy. Except as provided in 4.205–3, the award of a contract for architect-engineer services for a particular facility and the award of a contract for the related construction work to the same firm, its subsidiaries, or affiliates is prohibited. This policy prevents the development of situations where architect-engineer firms might be discouraged from furnishing their best professional services and from rendering unbiased decisions during the design and construction periods. Accordingly, bids or proposals for the construction of a facility shall not be solicited from the firm furnishing architect-engineer services for that facility, its subsidiaries, or affiliates; and unsolicited bids or proposals from that firm, its subsidiaries, or affiliates shall not be considered.

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