Subparts 1-4.7-1-4.9 [Reserved] Subpart 1-4.10—Architect-Engineer Services SOURCE: 38 FR 33594, Dec. 6, 1973, unless otherwise noted. § 1-4.1000 Scope of subpart. This subpart contains the general policies and procedures for the procurement of professional architect-engineer services, either individually or together, by contract. § 1-4.1001 General policy. Pursuant to Public Law 92-582 dated October 27, 1972, which amended the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 471, et seq.), it is the policy of the Federal Government to publicly announce all requirements for architectengineer services, and to negotiate contracts for architect-engineer services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices. (a) "Firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering. (b) "Agency head" means the Secretary, Administrator, or head of a department, agency, or bureau of the Federal Government. (c) "Architect-engineer services" are those professional services associated with research, development, design and construction, alteration, or repair of real property, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform: Including studies, investigations, surveys, evaluations, consultations, planning, programming, conceptual designs, plans and specifications, cost estimates, inspections, shop drawing reviews, sample recommendations, preparation of operating and maintenance manuals, and other related services. § 1-4.1003 Public announcements. To ensure the broadest publicity concerning the Government's interest in obtaining architect-engineer services, each agency head shall develop notices in accordance with § 1-1.1003 with respect to individual projects. § 1-4.1004-1 Establishment of architect engineer evaluation boards. (a) Each agency head shall establish one or more permanent or ad hoc architect-engineer evaluation boards to be composed of an appropriate number of members who, collectively, have experlence in architecture, engineering, construction, and related procurement matters. Members shall be appointed from among highly qualified professional employees (intra-agency and interagency) and private practitioners (if provided for by agency procedures) engaged in the practice of architecture, engineering or related professions. One Government member of each board shall be designated as the chairman. (b) No firm or organization shall be eligible for consideration for a contract during the period in which any of its principals or associates are participating as members of the procuring agency's evaluation board. [38 FR 33594, Dec. 6, 1973, as amended at 40 FR 30440, July 18, 1975] § 1-4.1004-2 Functions of the evalua tion boards. Under the general authority of the agency head's technical staff, the agency evaluation boards architect-engineer shall perform the functions prescribed by this section. (a) Collect and maintain current data files on architect-engineer firms, including information on the qualifications of their members and key employees and past experience on various types of construction projects. Standard Form 254, Architect-Engineer and Related Services Questionnaire, as supplemented (when applicable) by Standard Form 255, Architect-Engineer and Related Serv ices Questionnaire for Specific Project shall be used for this purpose. Information from other sources (such as other clients, other members of the profession, managers or occupants of facilities previously designed, and assessments by the procuring agency itself on prior projects awarded to a firm) may also be in cluded in the files. (b) When procurement of architectengineer services is proposed, the board shall review the current data files on eligible firms, including files established on receipt of Standard Form 254 and Standard Form 255, when applicable, in response to the public notice of a par ticular contract. The board shall evaluate the firms in accordance with § 1-4.1004-3. After making this review and technical evaluation, the board shall hold discussions with not less than three of the most highly qualified firms regarding anticipated concepts and relative utility of alternative methods of approach for furnishing the required services. Architect-engineer fees shall not be considered in these discussions. (c) Prepare a report for submission to the agency head or his authorized representative recommending, in the order of preference, no less than three firms that are considered most highly qualified to perform the required services. This report shall include in sufficient detail the extent of the evaluation and review and the considerations upon which the recommendations were based. [40 FR 30440, July 18, 1975] In evaluating architect-engineer firms, the architect-engineer evaluation board shall apply the following criteria, other criteria established by agency regulation, and any criteria set forth in the public notice on a particular contract: (a) Specialized experience and technical competence of the firm (including a joint venture or association) with the type of service required; (b) Capacity of the firm to perform the work (including any specialized services) within the time limitations; (c) Past record of performance on contracts with Government agencies and private industry with respect to such factors as control of costs, quality of work, and ability to meet schedules; and (d) Familiarity with the area in which the project is located. § 1-4.1004-4 Action by agency head or his authorized representative. documentation of his decision which shall become a part of the contract file. (b) The agency head or his authorized representative shall inform the board of his decision which will serve as an authorization for the contracting officer to commence negotiation. (a) The agency head (or the responsible official to whom the authority has been delegated) shall review the recommendations of the architect-engineer evaluation board and shall, in concert with appropriate technical and staff representatives, make the final selection, in the order of preference, of the firms considered best qualified to perform the work. Should that final selection of the best qualified firms be other than as recommended by the architectengineer evaluation board, the agency head shall provide a complete written [38 FR 33594, Dec. 6, 1973, as amended at 40 FR 30440, July 18, 1975] § 1-4.1004-5 Procedures for procurements estimated not to exceed $10,000. When authorized by the agency head, one of the procedures set forth in paragraphs (a) and (b) of this section may be used in lieu of the procedures prescribed by § 1-4.1004-2(b) and (c) and actions prescribed by § 1-4.1004-4. (a) Selection by the board. After reviewing and evaluating architect-engineer firms in accordance with § 14.1004-2(b), the board shall prepare a report for submission to the contracting officer listing in the order of preference, a minimum of three firms which are considered the most highly qualified to perform the required services. This report shall include sufficient details of the extent of the evaluation and review made and the considerations upon which the selection is based. Further, the report shall serve as an authorization to the contracting officer to commence negotiation with the highest qualified firm. (b) Selection by the chairman of the board. When, in the judgment 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 shall be followed: (1) The chairman of the board shall perform the functions required under § 1-4.1004-2(b); (2) The chairman of the board shall prepare a report in the same manner as prescribed by § 1-4.1004-2(c) except that the report shall be submitted to the agency head's representative for concurrence; (3) The agency head's representative shall review the report and concur with the selection or return the report to the chairman for such action as he may consider necessary; and (4) Upon receipt of an approved report, the chairman of the board shall furnish the contracting officer a copy of the report which will serve as an authorization to commence negotiation. Government (See also § 1-4.1103 and § 1-4.1108-5(b).) § 1-4.1101-1 Relationship to other procurement regulations. (a) Pursuant to 40 U.S.C. 759 (Section 111 of the Federal Property and Administrative Services Act of 1949, as amended, Pub. L. 89-306) the Administrator of General Services has authority to coordinate and provide for purchase, lease, and maintenance of equipment by Federal agencies as well as other matters relating to automated data management services. The exercise of this procurement authority shall be accomplished as specified in this subpart (see § 1-4.1103). Procurement shall be accomplished in conformance with the procurement related policies, guidance, and provisions set forth in § 1-4.1107-1. Section 111(g) of the Property Act (40 U.S.C. 759, Pub. L. 89-309) provides that the Administrator's authority is subject to fiscal and policy control of the Office of Management and Budget. Federal Management Circular 74-5, management acquisition, and utilization of automated data processing (ADP), contains procurement related fiscal and policy guid "Automatic data processing equipment" (ADPE) means general purpose commercially available, mass produced automatic data processing components and the equipment systems created from them, regardless of use, size, capacity, or price, that are designed to be applied to the solution or processing of a variety of problems or applications and are not specially designed (not configured) for any specific application. It includes: (a) Digital, analog, or hybrid computer equipment; and/or (b) Auxiliary or accessorial equipment such as plotters, communications terminals, tape cleaners, tape testers, data conversion equipment, source data automation recording equipment (optical character recognition devices, paper tape typewriters, magnetic tape cartridge typewriters, and other data acquisition devices), etc., to be used in support of digital, analog, or hybrid computer equipment, either cable connected, wire connected, or self-standing and whether selected or acquired with a computer, or separately; and/or (c) Punched card accounting machines (PCAM) used in conjunction with or independently of digital, analog, or hybrid computers. § 1-4.1102-2 Software. "Software" means commercially available proprietary computer programs and routines, used to extend the capabilities of ADPE. This catagory of software includes those software packages available in the commercial market through lease or purchase. Software packages provided by original equipment manufacturers which are separately priced from ADPE are included in this category. § 1-4.1102-3 Maintenance services. "Maintenance services" means those examination, testing, repair, or part replacement functions performed to: (a) Reduce the probability of ADPE malfunction (commonly referred to as "Preventive Maintenance"), (b) restore a component of ADPE which is not functioning properly to its proper operating status (commonly referred to as "Remedial Maintenance"), and (c) modify the ADPE in a minor way (commonly referred to as "Field Engineering Change," or "Field Modification"). § 1-4.1102-4 Supplies. "Procurement" means the acquisition of ADPE, software, maintenance service, or supplies by purchase or lease. § 1-4.1102-6 Agency procurement request. "Agency procurement request" (APR) means a request by a Federal agency for GSA to procure ADPE, software, or maintenance services or for GSA to dele. gate the authority to procure these item::. It includes applicable requests for preposals (RFP), invitations for bids (IFB), or requests for quotations (RFQ), and amendments thereto, and any other pertinent information regarding the proposed procurement. When the APR for ADPE is submitted before preparation of the solicitation document, the data systems specifications and/or the equi^ require "Equipment performance ments" means a statement of those hardware factors such as cycle time, computing speed, tape read or write speed, printer speed, size of memory, expandability (modularity) etc., and the related software which are a measure of the operating capability of equipment and which, when applied to the data systems specifications, provide a measure of the operating time required to process the applications involved on that equipment. § 1-4.1102-9 Federal agency. "Federal agency" means any executive agency (executive department or independent establishment in the executive branch including any wholly owned Government corporation) or any establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Architect of the Capitol and any activities under his direction). § 1-4.1102-10 Selection plan. "Selection plan" means criteria and systematic procedures established to enable the Government to measure the proposal of an offeror/bidder against the requirements of the Government as set forth in the solicitation document. These criteria shall be based on the Govern ment's requirements and shall not be equipment or vendor oriented. § 1-4.1102-11 Systems or items life. "Systems or items life" means a forecast or projection of the period of time which begins with the installation of the systems or items and ends when the need for those systems or items has terminated. Systems or items life is established by the Government on the basis of its requirements and is usually set forth in the RFP. Systems or items life is not synonymous with actual life of the equipment. § 1-4.1102-12 "Mandatory Mandatory requirements. requirements" means those contractual conditions and technical specifications which are established by the Government as being essential to meet the Government's needs. When set forth in a solicitation, the mandatory requirements must be met by an offer (or bid) in order for such offer (or bid) to be considered responsive to the solicitation. § 1-4.1102-13 Desirable features. "Desirable features" means those contractual conditions and technical specifications which are established by the Government but which do not have to be offered (or bid) in order to be responsive to the specific solicitation. When set forth in a solicitation, the desirable features, individually or collectively, may be offered (or bid) at the discretion of the offeror (or bidder). § 1-4.1102-14 Lowest overall cost. "Lowest overall cost" means the least expenditure of funds over the systems or items life, price and other factors considered. Lowest overall costs shall inIclude, but shall not be limited to such elements as personnel, purchase price or rentals, maintenance, site preparation and installation, programming, training, and telecommunications as applicable. § 1-4.1102-15 [Reserved] § 1-4.1102-16 Competitive procurement. A "competitive procurement" means that the Government's requirements are set forth in the form of data systems specifications or equipment performance requirements, a combination thereof, or other unrestrictive specifications which allow full competition and are devoid of bias toward either a specific product or a specific offeror. A "noncompetitive procurement" ("sole source procurement") means that the Government's requirements are set forth in the form of necessary specifications which are so restrictive that there is only one known supplier capable of satisfying the Government's requirement. Procurements based on specific make and model specifications/purchase descriptions fall in this category, notwithstanding the existence of adequate price competition as defined in 1-3.807–1(b) (1). § 1-4.1103 Procurement authority. To allow for the orderly implementation of a program for the economic and efficient procurement of ADPE, software, and maintenance services, agencies are authorized to procure these items in accordance with the provisions of this § 1-4.1103 or when a specific delegation of procurement authority has been provided in accordance with the provisions of 1-4.1104 and 1-4.1105. However, the applicable provisions of FPMR 101-32 shall be complied with prior to initiating procurement action. (a) The exercise of procurement authority shall be accomplished as specified in § 1-4.1107. (b) Two copies of the solicitation document (RFP, IFB, or RFQ, as applicable) and any subsequent amendment thereto that changes the specifications, evaluation criteria, or installation date shall be forwarded to the General Services Administration (CDP), Washington, DC 20405, as soon as available, but in no event shall the documents arrive later than 8 workdays before the proposed date of issuance to industry. GSA will notify the agency of the date of receipt of the solicitation document as soon as it is received. However, if timely issuance of the solicitation is critical to agency mission accomplishment, copies of the solicitation document may be forwarded to GSA concurrently with issuance to industry, provided the GSA Solicitation Document for ADP Systems is used or the specifications have been reviewed by industry in accordance with § 1-4.1107-8. (c) Amendments to all solicitations which are clearly administrative in nature, or are for clarification purposes, need not be forwarded to GSA until the dates the amendments are sent to in dustry. In addition, one copy of all contracts and amendments subsequent thereto shall be forwarded to GSA when they are issued. Also, a list of commercial prices shall be forwarded for each separately identified and priced component, special feature, and software package included in the contract that is not listed on an ADP Schedule contract of the vendor selected. § 1-4.1103-1 Automatic data processing equipment. Except as indicated in § 1-4.1103-4 regarding potential use of the ADP Fund and in Subparts 101-32.3 of the FPMR with respect to the use of excess ADPE and 101-32.14 of the FPMR regarding acquisition of hardware monitors for measuring computer system performance, agencies may procure ADPE without prior approval of GSA provided: (a) The ADPE is specially designed, as opposed to configured, for a specific application. However, commercially available general purpose ADPE shall not be acquired under this authority unless the ADPE is modified to the extent that precludes future use of the equipment for the solution of a variety of problems or the processing of other applications; or (b) The procurement will occur by placing a purchase/delivery order against an applicable GSA requirementstype contract; or (c) The value of the procurement does not exceed $50,000. (However, notwithstanding the foregoing, if ADP Schedule contracts are used in consummating these procurements, the additional limitations set forth in § 1-4.1107-6 pertaining to the use of ADP Schedules also shall apply.) (The dollar limitation set forth above shall exclude attendant maintenance costs if purchase is the method of acquisition. If equipment is leased, the monthly basic rental costs multiplied by 12 shall be used to determine whether the procurement falls within the dollar limitation set forth above.) |