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between the parties. If the proposal is changed, for any reason, the contrac
any reason, the contractor must set forth his understanding of any modifications or additions in a letter to the contracting officer. The notice of award shall reference the contractor's proposal and any other document modifying the proposal. The following is a sample notice of award:
Sec. 12-4.1004-1 Establishment of Architect-En
gineer Evaluation Boards. 12-4.1004-2 Functions of the Evaluation
Board. 12-4.1004-3 Evaluation criteria. 12-4.1004-4 Action by the agency head or
his authorized representive. 12-4.1004-5 Procedures for procurements
estimated not to exceed $10,000. 12-4.1005 Negotiation procedures. 12-4.1005-1 General. 12-4.1050 Release of information. 12-4.1051 Clauses for architect-engineer
contracts. 12-4.1052 Debriefing unsuccessful inter
Subpart 12-4.50—Utilization and Disposal of
Personal Property Pursuant to Exchange/
Sale Authority 12-4.5001 General.
NOTICE OF AWARD GENTLEMEN: The United States of America, acting through the undersigned contracting officer, hereby accepts your proposal No. --, dated ------, as modified by your letter(s) of ------, to furnish (supplies, services, work) in accordance with RFP No. ---, dated ------, for a total price of $ --- This notice of award constitutes a binding contract obligation from time of mailing. All delivery dates will be computed from the date of this notice unless otherwise provided.
A document formalizing this contract will be sent to you for signature as soon as possible. This formal contract will be dated and numbered as above.
You are directed to proceed with the performance of this contract in accordance with the terms of your proposal and this acceptance.
Sincerely, (Written Signature) (Typed Name)
Contracting Officer Con copies only)
(Date) Funds Citation: Negotiation Authority: --
Subpart 12-4.51-Procurement of Tax-Free
Spirits 12-4.5100 Scope of subpart. 12-4.5101 Delegation of authority. 12-4.5102 Procedure.
AUTHORITY: Sec. 205(c), 63 Stat. 389; 40 U.S.C. 486(c), 10 U.S.C. 2301-2314.
SOURCE: 42 FR 45205, Sept. 8, 1977, unless otherwise noted.
8 12-3.5010 Protests against award. Protests against awards of negotiat
at. ed procurements shall be processed in the same manner as prescribed in FPR 1-2.407-8.
§ 12-4.1002 Definitions.
(b) “Agency Head” refers to those DOT officials designated in DOTPR 12–1.204.
(d) “Head of the Procuring Activity” refers to those DOT officials designated in DOTPR 12–1.206.
(e) “Fee”—The compensation (contract price) for professional services paid to the A-E.
812-3.5011 Unsolicited contract proposals.
Department Order 4200.4 (set forth in DOTPR Part 99) establishes the policies and procedures for processing unsolicited contract proposals.
PART 12-4-SPECIAL TYPES AND METHODS OF PROCUREMENT
Subpart 12-4.10—Architect-Engineer Services Sec. 12-4.1002 Definitions. 12-4.1003 Public annoucements. 12-4.1004 Selection.
8 12-4.1003 Public announcements.
The time allowed for A-E firms to respond to an advertisement of a project notice shall generally follow the requirements for bidding time in FPR 1-2.202-1 and DOTPR 12-2.202-1. If practical the time allowed for firms to respond to a project notice shall be 30 days from the date the notice is published; however, the minimum
time shall be 15 days. If the time al- period in which any of its principals or lowed for response is reduced below 15 associates are participating as memdays the contracting officer shall doc- bers of an A-E Evaluation Board on ument in the contract file the full jus- behalf of that procuring activity. tification for the reduction.
(7) Operating elements and secretar
ial offices that do not have personnel 8 12-4.1004 Selection.
experienced in Architect-Engineer se§ 12-4.1004-1 Establishment of Architect
lection procedures or personnel with
the necessary technical disciplines to Engineer Evaluation Boards.
evaluate Architect-Engineer firms for (a) Each agency head (or his author
a particular project may request the ized representative) shall establish an
assistance of the Office of Installaad hoc Architect-Engineer Evaluation
tions and Logistics, OST (TAD-60) in Board for each procurement of Archi establishing the A-E Evaluation tect-Engineer services. The Board
Board. shall perform the functions set forth in § 12-4.1004-2 unless procedures for 812-4.1004-2 Functions of the Evaluation countracts estimated to be $10,000 and
Board. under are used as provided for in § 12
(a)(1) Because of the Department 4.1004-5. The A-E Evaluation Board
policy to establish ad hoc evaluation shall be composed of the following numbers, one of whom shall be ap
boards instead of permanent boards to pointed as Chairman and one of whom
select Architect-Engineers, the cogni. may be appointed recording secretary:
zant procurement office or facilities (1) One member with experience in
design and construction activity shall procurement of A-E services. This
be responsible for collecting the member will normally be the cogni
Standard Forms 254 and maintaining zant contracting officer or the con
the qualification data on file. Al. tract negotiator for the project.
though A-E firms should submit a new (2) Two members with technical ex
Form 254 each year, forms up to three perience in the fields of architecture,
years old shall be considered current. engineering or construction. These
Forms more than three years old may members will normally be from the or
be discarded. ganization responsible for the work.
(2) Organizations may choose not to (3) One member with technical
maintain A-E qualification data files knowledge of the functional (user) re
and arrange to use existing data files quirements of the project.
of other DOT organizations including (4) For A-E procurements estimated
the files available in the Office of Inat $60,000 or more, a member appoint
stallations and Logistics, OST (TADed by the Director, Installations and
60). If an organization chooses this Logistics, OST (TAD-60), unless he de
option it should forward all A-E qualiclines to appoint a member.
fication data it receives from interest(5) Other special members as are
ed firms to the organization maintaindeemed necessary.
ing the data file. (6) A-E Board members may be ap
(b) The following outlines the funcpointed from among highly qualified
tions of the Architect-Engineer Eval. professional employees of other Gov. uation Board in more detail and the ernment agencies or the private sector,
sequence in which the functions are to engaged in the practice of architec
practice of architec- be performed: ture, engineering, construction or re- (1) Analyze the nature and scope of lated professions. When a proposed the project work requirements. Architect-Engineer Evaluation Board (2) Develop the criteria and evaluaincludes a member from the private tion systems to be used in screening sector, the Office of Installations and firms for the Pre-selection List and in Logistics, OST (TAD-60) shall be noti. the final selection. fied before the Board is established. (3) Prepare the public announceNo firm or organization shall be eligi- ment for the project (§ 12-4.1003) and ble for consideration for a contract provide it to the procurement office with a procuring activity during the for publication.
(4) Screen the Standard Form 254s project under consideration. The apand Standard Form 255s and any proach should discuss those systems other qualification data received in re- that could have significant impact on sponse to the public announcement of energy conservation, and the criteria the project and prepare a Pre-selec and engineering considerations that tion List of the best qualified firms for would be used to design these systems further consideration. The Pre-selec for maximum energy conservation. tion List must consist of at least three The A-E should also give examples of firms.
energy conservation design techniques (5) Obtain additional, detailed quali- and measures that the firm has used fication and past performance infor in previous design projects including mation for each of the firms on the the results obtained. If possible the rePre-selection List. This information sults should be expressed quantitativeshall include the following:
ly in terms of operating costs, resource (i) Past record of performance. How consumption or BTU's per square foot. well firms have performed on previous (C) Proposed project schedule and projects including quality of work, man-loading plan (manpower in each ability to meet schedules, accuracy of technical discipline over contract cost estimates and any other pertinent period). factors. This information should be (D) Visual examples of previous obtained by contacting former clients work such as photographs of completin Government and private industry.
ed construction projects designed by (ii) Project proposal. The A-E firm the firm and copies of completed plans shall submit a project proposal to the and specifications. (These may be proA-E Evaluation Board, in writing, vided at the interviews required by prior to the interviews required by $12-4.1004–2(b)(6).)
12-4.1004-2(b)(6). The project pro- (E) Management approach. A brief posal should normally include the
discussion of the project team organitype of information outlined below. zation, project management proceHowever, the proposal may vary in
dures, methods to be used in controlcontent and level of detail depending
ling construction cost estimates, qualon the scope, complexity and nature
ity control procedures, and the anticiof the particular project under consid
pated A-E/client relationship. eration. The firm shall be provided
(F) Firm's current workload. For exwith a description of the nature and
ample, a list of on-going projects inscope of work to be accomplished to
cluding their construction value (or Aassist the firm in preparing the pro
E fee if construction value is not appliposal. In addition, firms selected to
cable) and percentage of completion. submit proposals shall be advised of
(G) Percentage and number of mithe evaluation criteria that will be
nority and women employees in all job used to select the firm for negotia
classifications and pay scales. Minoritions.
ties are specified as being American (A) Technical approach. A brief dis
Indian, Negro, Spanish surnamed cussion of: the tasks or steps that the firm will undertake to accomplish the
Americans, Orientals, Aleuts and Eski. work described in the scope of work,
mos. overall planning and design approach/ The project proposal should also inphilosophy, possible conceptual ap- clude any changes to the information proaches (narrative) and unusual as provided in the Standard Forms 254 pects or potential problems the firm and 255 that the firms may wish to envisions that may be encountered make, particularly on proposed key during project execution, and which personnel and consultants and relemay require special consideration (in- vant past work. The A-E firm should cluding environmental considerations be advised not to submit price proposand provisions for the handicapped). als at this time, or design sketches,
(B) Energy conservation approach. drawings, and design data in connecBrief narrative of the technical ap tion with the proposed project. If an proach that the A-E firm would use to Administration or element of OST demaximize energy conservation for the sires conceptual designs from A-E
firms written approval shall be ob- (a) Specialized experience. Relevant tained from the Assistant Secretary recent experience of the firm (includfor Administration prior to soliciting ing joint venture or association) in such proposals.
projects comparable to the proposed (6) Conduct interviews with the project. firms on the Pre-selection List. As part (b) Capacity/capability. (1) Releof the interview the Architect-Engi- vant experience and capability of key neer firms shall be given an opportuni- project personnel, and key individual ty to make an oral presentation of and outside consultants. their qualification and experience (2) Diversity of skills the firm prodata, proposed project approach and poses to apply to the project in order any other relevant data. The project to perform all aspects of the work, manager and other key project person such as planning, architectural design nel and consultants proposed by a firm and civil, mechanical and electrical enshould participate in the interview. gineering. (7) Whenever it is practical and ad- (3) Total number of personnel the
(3) Total number of person vantageous, the A-E Evaluation Board A-E firm employs in the technical disshould visit the offices of the A-E
ciplines required for the proposed firms on the Pre-selection List to in
project. spect their facilities and work environ
(4) Firm's current workload. ment, to meet members of the pro
(c) Technical ability and underposed project team, to see work in
standing of requirements. (1) Techniprogress and additional examples of
cal approach. completed projects. These visits
(2) Understanding and experience in should be made in conjunction with
energy conservation design. the interviews referred to in § 12
(3) Project schedule. 4.1004-2(b)(6). (8) Review the Standard Forms 254
(4) Man-loading plan. and 255, the project proposals, and
(5) Quality of examples of previous other experience and qualification
work. data for each firm on the Pre-selection
(d) Project organization and manList and perform a systematic numeri
agement. (1) Project team organizacal evaluation rating and ranking of
tion. the firms using the applicable evalua
(2) Project management procedures. tion criteria in § 12-4.1004-3.
(3) Methods to be used in controlling (9) Develop in rank order, a listing of construction cost estimates. not less than three firms considered (4) Quality control procedures. most highly qualified to perform the (5) Anticipated A-E/client relationrequired services, based on the evalua- ship. tion rating and ranking of the firms (e) Past record of performance. Past on the Pre-selection List, and prepare record of performance on contracts a report to the agency head (or his au- with DOT and other former clients in thorized representative), recommend Government and private industry with ing these firms for negotiations. The respect to such factors as quality of report shall include in sufficient detail work, ability to meet schedules, accuthe extent of the evaluation and the racy of cost estimates compared to considerations upon which the recom- actual bids and quotes, number and mendations were based, and any other dollar amount of construction change data and material developed by the A- orders, and A-E/client relationship. E Evaluation Board which might be The following evaluation criteria fac. useful in the negotiations.
tors do not necessarily relate to the
ability of an A-E firm to do the re8 12-4.1004-3 Evaluation criteria.
quired work. However, they do reflect The following expands the evalua. Department policy and therefore they tion criteria provided in the FPR should be used in the A-E evaluation Each criteria factor should be weight process. They may be used separately ed according to its order of importance from the other criteria in terms of with respect to the project under con- bonus or penalty points to the basic sideration
numerical evaluation rating.
(f) Volume of department-wide work (a) The selection shall be accompreviously awarded to the firm during plished by an informal evaluation the past 3 years. The object of this board consisting of at least two memfactor is to promote the distribution of bers from the organization responsible Department Architect-Engineering for the work who are knowledgeable in contracts to the maximum extent pos- the technical fields most significantly sible among all qualified Architect-En related to the proposed project. The gineer firms. A list of A-E firms that Board shall follow the procedures prehave been awarded DOT contracts scribed in § 12-4.1002(b). However, the during the most recent past three year Board shall use its judgment in deterperiod will be distributed to all pro- mining the extent of detailed qualificurement offices by the Office of In- cation and past performance data stallations and Logistics, OST, TAD- needed to fully evaluate the A-E 60.
firms. The Board should at least (g) Familiarity with and proximity obtain the Standard Form 254, the to the site location of the project.
firms' past record of performance and (h) Minority/women employment. visual examples of previous projects. Percentage of minority employees in (b) The Board's report, recommendall job classifications and pay scales, ing at least three firms, in rank order, noting the percentage of minorities in considered best qualified to perform the immediate locality and general the required services, shall be submitsurrounding area. Minorities are speci- ted to the contracting officer for fied as being American Indian, Negro, review. If the report is acceptable it Spanish surnamed Americans, Orien- shall serve as authorization for the tals, Aleuts and Eskimos. In addition, contracting officer to begin negotiathe percentage of women in all job tions with the firm ranked number classifications and pay scales shall also one. be considered.
§ 12-4.1005 Negotiation procedures. 8 12-4.1004-4 Action by the agency head or his authorized representative.
§ 12–4.1005-1 General. (a) The agency head (or his author- The limitation on Architect-Engiized representative) shall review the neer fees of 6 percent of the estimated recommendations of the Architect-En construction cost applies to all services gineer Evaluation Board. The recom that are an integral part of the promendations of the Architect-Engineer duction and delivery of plans, designs, Evaluation Board will normally be ac- drawings and specifications of a concepted, unless the report does not ade- struction project. The limitation, howquately support the recommendations. ever, does not apply to the cost of inIf the recommendations are not ac- vestigative and other services includcepted the Architect-Engineer Evalua- ing but not limited to the following: tion Board shall be required to reconvene until an acceptable set of recom
Development of program requirements
(scope of work). mendations is agreed upon.
Determination of project feasibility. (b) The accepted report shall serve
Preparation of drawings of an existing faas authorization for the contracting cility, where current drawings are not availofficer to commence negotiations with able. the A-E firm ranked number one by Subsurface investigations (soil borings). the A-E Evaluation Board.
Structural, electrical, and mechanical in
vestigations of an existing building, where 812-4.1004-5 Procedures for procure current information is not ava
ments estimated not to exceed $10,000. Surveys: Topographic, boundary, utility. When authorized by the agency
Preparation of models, color renderings,
photographs, or other presentation materihead (or his authorized representa
als. tive) the following procedure may be
Travel and per diem for special presentaused in lieu of the procedures pre tions. scribed in 88 12-4.1004-1, 12-4.1004-2, Supervision and inspection of construcand 12-4.1004-4.