* Act of June 30, 1949 (P.L. 81-152, Ch. 288, 63 Stat. 377;
40 U.S.C. 541-544)
TITLE IX-SELECTION OF ARCHITECTS AND ENGINEERS
Definitions
Sec. 901. As used in this subchapter-
(1) The term "firm" means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering.
(2) The term "agency head" means the Secretary, Administrator, or head of a department, agency, or bureau of the Federal Government.
(3) The term "architectural and engineering services" means-
(A) professional services of an architectural or engineering nature, as defined by State law, if applicable, which are required to be performed or approved by a person licensed, registered, or certified to provide such services as described in this paragraph;
(B) professional services of an architectural or engineering na-ture performed by contract that are associated with research, planning, develop-ment, design, construction, alteration, or repair of real property; and
(C) such other professional services of an architectural or
engineering nature, or incidental services, which members of the
architectural and engineering professions (and individuals in
their employ) may logically or justifiably perform, including
studies, investigations, surveying and mapping, tests, evalu-ations,
consultations, comprehen-sive planning, program manage-ment, conceptual
designs, plans and speci-fications, value engineering, con-struction
phase services, soils engi-neering, drawing reviews, prep-ara-tion
of operating and maintenance manuals, and other related services.
(40 U.S.C. 541)
Congressional Declara-tion of Policy
Sec. 902. The Congress here-by declares it to be the
policy of the Federal Government to publicly announce all requirements
for archi-tectural and engineering services, and to negotiate
contracts for archi-tectural and engineering services on the basis
of demonstrated compe-tence and qualification for the type of
professional services required and at fair and reasonable prices.
(40 U.S.C. 542)
Requests for Data on Architectur-al and Engineering Servic-es
Sec. 903. In the procurement of architec-tural and engineering
servic-es, the agency head shall encourage firms engaged in the
lawful practice of their profession to submit annual-ly a statement
of qualifications and performance data. The agency head, for
each proposed project, shall evaluate current statements of quali-fications
and performance data on file with the agency, together with those
that may be submitted by other firms regarding the proposed project,
and shall conduct discus-sions with no less than three firms regarding
anticipated concepts and the relative utility of alternative methods
of approach for furnishing the required services and then shall
select therefrom, in order of prefer-ence, based upon criteria
es-tablished and published by him, no less than three of the firms
deemed to be the most highly qualified to provide the services
required. (40 U.S.C. 543)
Negotiation of Contracts for Ar-chi-tec-tural and Engineering
Ser-vic-es
Sec. 904. (a) Negotiation with highest qual-ified firm.-The agency head shall negotiate a contract with the highest qualified firm for archi-tec-tural and engineering services at compensa-tion which the agency head deter-mines is fair and reason-able to the Government. In making such deter-mination, the agency head shall take into account the estimated value of the services to be rendered, the scope, complexity, and profes-sional nature thereof.
(b) Negotiation with second and third, etc., most qualified firms.-Should the agency head be unable to negotiate a satis-factory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the Government, negotiations with that firm should be formally terminated. The agency head should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency head should terminate negotiations. The agency head should then undertake negotiations with the third most qualified firm.
(c) Selection of additional firms in event of failure of negotiation
with selected firms.-Should the agency head be unable to negotiate
a satisfactory contract with any of the selected firms, he shall
select additional firms in order of their competence and qualification
and continue negotiations in accordance with this section until
an agreement is reached. (40 U.S.C. 544)