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.

(f) Volume of department-wide work previously awarded to the firm during the past 3 years. The object of this factor is to promote the distribution of Department Architect-Engineering

contracts to the maximum extent possible among all qualified Architect-Engineer firms. A list of A-E firms that have been awarded DOT contracts during the most recent past three year period will be distributed to all procurement offices by the Office of Installations and Logistics, OST, TAD60.

(g) Familiarity with and proximity to the site location of the project.

(h) Minority/women employment. Percentage of minority employees in all job classifications and pay scales, noting the percentage of minorities in the immediate locality and general surrounding area. Minorities are specified as being American Indian, Negro, Spanish surnamed Americans, Orientals, 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 negotiations with the firm ranked number one.

§ 12-4.1005 Negotiation procedures. § 12-4.1005-1 General.

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 new negotiations. When an award has been made, the contracting officer may release this information, giving special notice of the award to any firms interviewed by the A-E Evaluation Board.

§ 12-4.1051 Clauses for architect-engineer contracts.

The clauses for A-E contracts are set forth in FPR Subpart 1-16.7 and DOTPR Subpart 12-7.51.

§ 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.

6.103-2 are set forth in DOTPR 126.105. Supplies not listed may be excepted only after a written determination has been made by the contracting officer. Each determination shall include the following information:

(1) Description of the item(s) to be procured with specific information pertaining to special features, performance, versatility, etc.

(2) Unit, quantity, estimated cost (including duty, if any, separately shown).

(3) Country of origin, and name and address of prospective contractor, if available.

(4) Brief statement as to the necessity for the procurement.

(5) Statement of effort made to procure a similar item of domestic origin or statement that there is no domestic item which can be used as a reasonable substitute.

When a determination has been made that the restrictions of the Buy American Act are inapplicable for the end products being purchased, notification to this effect shall be included in the solicitation and contract.

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(b) Notwithstanding the foregoing, procurement of foreign end products the basis of "nonavailability," whether or not listed in DOTPR 126.105, shall be made only after a written determination has been made by the contracting officer and approved at a higher level in accordance with Administration procedures. Before granting such approval, or making such determination, the feasibility of foregoing the requirement or providing a United States substitute shall be considered.

(c) Notwithstanding paragraph (b) of this section, approvals and determinations may be made by the contracting officer covering individual procurements of spare and replacement parts for foreign manufactured items, if the procurement must be restricted to the original manufacturer or his supplier in accordance with FPR 1-3.313.

(d) Notwithstanding paragraph (b) of this section, approval is not required for:

(1) Purchases for resale in domestic commissaries of brand name subsistence items of foreign origin for which