FAR 36.601-2—Competition.
Plain-English Summary
FAR 36.601-2 is a short but important rule that tells agencies and contractors how architect-engineer (A-E) acquisitions are treated under the competition requirements of the FAR. It states that when an agency uses the procedures in FAR Subpart 36.6 for acquiring A-E services, that acquisition is considered a competitive procedure for purposes of the competition rules in FAR Part 6, specifically referencing FAR 6.102(d)(1). In practical terms, this means the Brooks Act-style qualifications-based selection process for A-E services is recognized as a form of competition even though it does not use the same price-driven competition methods common in other procurements. The section matters because it confirms that agencies can satisfy competition requirements while selecting A-E firms based on professional qualifications, demonstrated competence, and past performance rather than low price. For contracting officers, it provides the legal bridge between the A-E selection process and the broader competition framework; for offerors, it signals that they are competing under a specialized, regulated process rather than a typical best-value or low-price competition. The section does not itself describe the selection steps, evaluation factors, or negotiation process, but it establishes the competitive status of the acquisition method used under this subpart.
Key Rules
A-E procedures are competitive
When an agency acquires architect-engineer services using the procedures in FAR Subpart 36.6, that acquisition is treated as a competitive procedure. This means the procurement satisfies the competition concept recognized in FAR Part 6.
Brooks Act process is recognized
The rule ties the A-E selection method to FAR 6.102(d)(1), which acknowledges that certain specialized procedures can be competitive even though they do not rely on price competition in the usual way.
Competition is qualifications-based
Although the section is brief, its practical effect is to confirm that A-E competition is based on professional qualifications and related evaluation criteria, not on ordinary sealed-bid or price-led competition.
Responsibilities
Contracting Officer
Use the FAR Subpart 36.6 procedures when acquiring architect-engineer services and treat that acquisition as a competitive procedure under FAR Part 6. Ensure the acquisition is conducted within the specialized A-E framework rather than as a standard price-based competition.
Agency
Follow the statutory and regulatory A-E selection process for architect-engineer services and recognize that use of the prescribed procedures satisfies the competition requirement referenced in FAR 6.102(d)(1).
Architect-Engineer Offerors
Compete under the A-E qualifications-based selection process by submitting qualifications, experience, and related information needed for evaluation under Subpart 36.6, understanding that price is not the initial basis for selection.
Practical Implications
This section prevents confusion about whether A-E acquisitions are truly competitive; if the agency follows Subpart 36.6, it can document the procurement as competitive for FAR Part 6 purposes.
Contracting officers should not try to force A-E services into ordinary price competition procedures, because doing so can conflict with the specialized selection rules for these services.
Offerors should expect a qualifications-first process, where professional capability, relevant experience, and past performance matter more than initial price proposals.
A common pitfall is assuming that any competition must look like a standard commercial or sealed-bid procurement; for A-E services, the FAR expressly recognizes a different competitive method.
The section is narrow, so users must look to the rest of Subpart 36.6 for the actual selection, ranking, negotiation, and award steps; this provision only establishes the competitive character of the process.
Official Regulatory Text
Acquisition of architect-engineer services in accordance with the procedures in this subpart will constitute a competitive procedure. (See 6.102 (d)(1).)