FAR 36.601-1—Public announcement.
Plain-English Summary
FAR 36.601-1 states the core public-announcement requirement for architect-engineer (A-E) acquisitions. It covers two linked subjects: first, the Government must publicly announce all requirements for A-E services; second, the Government must negotiate A-E contracts using a qualifications-based approach that focuses on demonstrated competence and qualifications, while still reaching fair and reasonable prices. In practice, this section is the starting point for the Brooks Act procurement method, which is designed to ensure open competition, transparency, and selection based on professional capability rather than price alone. It matters because A-E services are treated differently from most other federal services: agencies cannot simply buy these services on the basis of lowest price or best value in the usual sense, and they must follow the statutory framework in 40 U.S.C. 1101 et seq. For contracting officers and offerors, this means the acquisition strategy, synopsis, evaluation, and negotiation process must all be built around public notice and qualifications-based selection.
Key Rules
Publicly announce all A-E needs
The Government must publicly announce every requirement for architect-engineer services. This means agencies cannot quietly source these services without giving public notice of the opportunity.
Use qualifications-based selection
A-E contracts must be negotiated based on the demonstrated competence and qualifications of prospective contractors. Price is not the initial driver of selection; professional capability is.
Negotiate fair and reasonable prices
Although qualifications control the selection process, the resulting contract still must be negotiated at fair and reasonable prices. The agency must reach a price that is acceptable and supportable.
Applies to architect-engineer services
This rule is specific to architect-engineer services, not all professional services. The section ties the acquisition method to the statutory A-E procurement framework in 40 U.S.C. 1101 et seq.
Responsibilities
Government / Agency
Publicly announce all requirements for architect-engineer services and conduct the acquisition using the qualifications-based process required by statute and regulation.
Contracting Officer
Ensure the requirement is properly announced, evaluate firms based on competence and qualifications, and negotiate a fair and reasonable price after selecting the most qualified prospective contractor.
Prospective Contractor / Architect-Engineer Firm
Respond to the public announcement by submitting qualifications and demonstrating competence, experience, and capability to perform the work.
Practical Implications
Agencies must plan A-E acquisitions around public notice and qualifications-based evaluation, not around price competition at the outset.
A common pitfall is treating A-E services like ordinary service buys and using price as a primary selection factor too early.
Contracting officers should make sure the synopsis/announcement clearly describes the requirement so firms can submit meaningful qualifications packages.
Even though price is not the initial discriminator, the Government still has to document that the negotiated price is fair and reasonable.
Offerors should focus their submissions on relevant experience, technical competence, key personnel, and past performance because those are the factors that drive selection.
Official Regulatory Text
The Government shall publicly announce all requirements for architect-engineer services and negotiate contracts for these services based on the demonstrated competence and qualifications of prospective contractors to perform the services at fair and reasonable prices. (See 40 U.S.C. 1101 et seq .)