FAR 36.6—Subpart 36.6

Scope of subpart.

FAR 36.600 is the scope statement for Subpart 36.6, and it tells readers what this subpart governs: the policies and procedures for acquiring architect-engineer (A-E) services. It also makes clear that the subpart applies not only to stand-alone A-E procurements, but also to orders for A-E services placed under multi-agency contracts, with a cross-reference to FAR 16.505(a)(9). In practice, this means the special A-E selection and ordering rules in Subpart 36.6 must be followed whenever the government is buying professional design-related services covered by the subpart, regardless of whether the acquisition is conducted directly or through an ordering vehicle. The section exists to define the reach of the A-E rules so agencies do not mistakenly apply general service acquisition procedures where the FAR requires the specialized Brooks Act-style process for A-E services. For contracting officers, it is a threshold provision that determines which acquisition procedures apply; for contractors, it signals that A-E opportunities and task orders may be competed and awarded under a distinct framework.

Policy.

Selection of firms for architect-engineer contracts.

Collecting data on and appraising firms qualifications.

FAR 36.603 explains how agencies collect, maintain, update, and use qualifications data for architect-engineer (A-E) firms. It covers the establishment of agency offices or permanent evaluation boards, assignment of jurisdiction, submission of Standard Form 330 (SF 330) qualifications data, classification of firms by location, specialized experience, professional capabilities, and capacity, and consideration of computer-assisted design capability when relevant. It also requires annual review and updating of the qualifications file, including encouraging firms to resubmit current data, revising classifications as needed, recording contract awards, retaining pertinent performance evaluations, discarding stale nonpertinent material, and documenting the review date. Finally, it directs evaluation boards and other appropriate Government employees, including contracting officers, to use these data files. In practice, this section creates the administrative backbone for fair, current, and informed A-E source selection by ensuring agencies have organized, comparable information about firms before selecting them for contracts.

Performance evaluation.

FAR 36.604 is a short cross-reference provision that directs readers to FAR 42.1502(f) for the rules on preparing past performance evaluations for architect-engineer (A-E) contracts. In practical terms, this section does not itself create a separate evaluation process; instead, it tells contracting personnel and contractors that A-E performance evaluations are governed by the governmentwide past performance framework in Part 42, with special attention to the A-E-specific requirements in paragraph (f). Its purpose is to keep performance evaluation requirements consistent and centralized, while making clear that A-E contracts are not evaluated under a standalone rule in Part 36. For contracting officers, this means the key compliance task is to use the Part 42 procedures and timing when documenting contractor performance on A-E work. For contractors, it means A-E contract performance will be captured in the government’s past performance system and may affect future source selections, even though this section itself contains no substantive evaluation criteria.

Government cost estimate for architect-engineer work.

FAR 36.605 requires an independent Government cost estimate for architect-engineer (A-E) services before negotiations begin on any proposed A-E contract or contract modification expected to exceed the simplified acquisition threshold. It explains how that estimate must be developed: by a detailed analysis of the required work, as if the Government itself were preparing a proposal. The section also establishes strict controls on access to the estimate, limiting disclosure to Government personnel with a need to know. During negotiations, the contracting officer may disclose limited cost breakdown information for a specialized task when necessary to reach a fair and reasonable price, but the total Government estimate generally must remain undisclosed unless agency regulations allow otherwise. In practice, this section is meant to support sound price analysis, protect the integrity of negotiations, and prevent inadvertent disclosure of the Government’s target price for A-E work.

Negotiations.

FAR 36.606 explains how the contracting officer conducts negotiations after the architect-engineer (A-E) selection authority has made the final selection. It covers when negotiations may begin, how they must be conducted under FAR part 15, the order of negotiation with the most preferred firm first, and the need to request a proposal without restricting modern design methods. It also addresses the special A-E rule that the firm designing the project generally cannot receive the construction contract, the need to discuss and, where appropriate, pre-agree on computer-assisted design charges, and the importance of subcontracting arrangements because A-E selection is based on qualifications. Finally, it sets out the fallback process if negotiations fail: obtain a written final proposal revision, terminate negotiations with that firm, move to the next firm on the selection list, and, if all selected firms fail, refer the matter back to the selection authority for possible recommendation of additional firms. In practice, this section is the roadmap for turning a qualifications-based A-E selection into a workable contract while preserving fairness, compliance with A-E procurement rules, and the government’s ability to keep the procurement moving if the first choice cannot be reached.

Release of information on firm selection.

FAR 36.607 governs what information the contracting officer may release after the architect-engineer (A-E) selection process is complete. It covers three main topics: disclosure of the firm selected for negotiations, how much detail may be given about the work, what may be said if negotiations fail and the agency moves to another firm, and when award information may be released. It also addresses debriefings for successful and unsuccessful firms after final selection, and it ties those debriefings to the procedures in FAR 15.503, 15.506(b) through (f), and 15.507(c), while expressly excluding FAR 15.506(d)(2) through (d)(5) from A-E contracts. In practice, this section is about balancing transparency with procurement integrity: agencies can tell the public who is being negotiated with, but they must avoid revealing unnecessary details that could compromise the process or classified information. It also ensures firms receive meaningful post-selection feedback, which is important in the Brooks Act-style A-E selection system where qualifications-based selection is central.

Liability for Government costs resulting from design errors or deficiencies.

FAR 36.608 addresses when an architect-engineer (A-E) contractor may be held financially responsible for Government costs caused by design errors or deficiencies. It states that A-E contractors are responsible for the professional quality, technical accuracy, and coordination of the services they provide, and it recognizes that defective designs can force changes to a construction contract and create added Government cost. The section explains the contracting officer’s duty to evaluate whether the A-E firm may be reasonably liable when a construction modification is needed because of an A-E error or omission, and it requires the contracting officer to do so with advice from technical personnel and legal counsel. It also sets the standard for enforcement: the Government should pursue recovery when the amount recoverable exceeds the administrative cost of collection or when recovery is otherwise in the Government’s interest. Finally, it requires a written record in the contract file explaining the decision to recover or not recover costs, which supports accountability, auditability, and consistent treatment of A-E liability issues in federal construction and design contracting.

Contract clauses.