FAR 36.601-3—Applicable contracting procedures.
Plain-English Summary
FAR 36.601-3 explains which contracting procedures apply when acquiring architect-engineer (A-E) services and related work. It covers four main topics: the content required in facility design statements of work, including recovered materials and, where appropriate, energy conservation, pollution prevention, and waste reduction; the requirement to use the special A-E selection procedures in this subpart instead of the normal competition procedures in FAR parts 13, 14, and 15; how to handle mixed statements of work that combine A-E services with other services; and when non-A-E services must be bought under the normal procurement rules even if A-E firms can perform them. In practice, this section is about choosing the right acquisition method before the solicitation is issued, because the wrong procedure can invalidate the source selection approach or create compliance problems. It also ties facility design acquisitions to broader sustainability and energy-efficiency requirements. For contracting officers and offerors, the key issue is whether the work is truly A-E in nature and whether the statement of work requires performance or approval by a registered or licensed architect or engineer.
Key Rules
Include sustainability in design
For facility design contracts, the statement of work must require the architect-engineer to specify the maximum practicable use of recovered materials, consistent with performance needs, availability, price reasonableness, and cost-effectiveness. Where appropriate, the statement of work must also direct consideration of energy conservation, pollution prevention, and waste reduction to the maximum extent practicable.
Follow A-E selection procedures
Contracts for architect-engineer services must be selected using the procedures in this subpart, not the solicitation or source selection procedures in FAR parts 13, 14, or 15. This means the special Brooks Act-style A-E selection process controls when the acquisition is for A-E services.
Mixed work depends on dominant A-E content
If a statement of work includes both A-E services and other services, the contracting officer must use this subpart when the work, substantially or to a dominant extent, requires performance or approval by a registered or licensed architect or engineer. If it does not, the acquisition must be handled under FAR parts 13, 14, or 15.
Non-A-E services use normal procedures
Services that do not require performance by a registered or licensed architect or engineer must generally be acquired under FAR parts 13, 14, or 15, even if architect-engineers are also capable of performing them. The exception is incidental services covered by the A-E definition and related provisions.
Energy-consuming products must comply
Facility design solicitations and contracts that include specification of energy-consuming products must comply with FAR 23.107-3. This ensures the design acquisition aligns with the government’s energy-efficiency requirements for covered products.
Responsibilities
Contracting Officer
Determine whether the requirement is an A-E acquisition, a mixed A-E/non-A-E acquisition, or a non-A-E service acquisition. Use the correct FAR procedures, include required sustainability language in facility design statements of work, and ensure energy-consuming product specifications comply with FAR 23.107-3.
Architect-Engineer
When performing facility design work, specify recovered materials to the maximum practicable extent and, where appropriate, address energy conservation, pollution prevention, and waste reduction in the design specifications. Perform or approve work only within the scope required by the contract and applicable licensure rules.
Agency/Requirement Owner
Define the project requirements clearly enough to show whether the work substantially or predominantly requires licensed architect or engineer performance or approval. Ensure facility design requirements reflect applicable sustainability and energy-related policy goals.
Source Selection Team
Apply the A-E selection procedures when the acquisition falls under this subpart, and avoid using standard sealed bidding or negotiated procurement procedures for true A-E selections.
Practical Implications
The first practical question is always whether the work is truly A-E in nature; that classification determines the entire acquisition path. Misclassifying A-E work as a normal procurement, or vice versa, is a common compliance error.
For facility design, sustainability requirements are not optional add-ons. The statement of work should expressly address recovered materials and, when relevant, energy conservation, pollution prevention, and waste reduction.
Mixed-scope contracts require careful judgment. If the dominant purpose is licensed architect/engineer performance or approval, use the A-E procedures; if not, use the normal FAR parts 13, 14, or 15 procedures.
Do not assume that because an A-E firm can perform a service, the service is automatically an A-E acquisition. If the service does not require licensed architect/engineer performance, it generally belongs under the standard procurement rules.
When the design includes energy-consuming products, check FAR 23.107-3 early. Overlooking that cross-reference can lead to noncompliant specifications and rework later in the design or procurement process.
Official Regulatory Text
(a) (1) For facility design contracts, the statement of work shall require that the architect-engineer specify, in the construction design specifications, use of the maximum practicable amount of recovered materials consistent with the performance requirements, availability, price reasonableness, and cost-effectiveness. Where appropriate, the statement of work also shall require the architect-engineer to consider energy conservation, pollution prevention, and waste reduction to the maximum extent practicable in developing the construction design specifications. (2) Facility design solicitations and contracts that include the specification of energy-consuming products must comply with the requirements at subpart 23.107-3 . (b) Sources for contracts for architect-engineer services shall be selected in accordance with the procedures in this subpart rather than the solicitation or source selection procedures prescribed in parts 13 , 14 , and 15 of this regulation. (c) When the contract statement of work includes both architect-engineer services and other services, the contracting officer shall follow the procedures in this subpart if the statement of work, substantially or to a dominant extent, specifies performance or approval by a registered or licensed architect or engineer. If the statement of work does not specify such performance or approval, the contracting officer shall follow the procedures in parts 13 , 14 , or 15 . (d) Other than "incidental services" as specified in the definition of architect-engineer services in 2.101 and in 36.601-4 (a)(3), services that do not require performance by a registered or licensed architect or engineer, notwithstanding the fact that architect-engineers also may perform those services, should be acquired pursuant to parts 13 , 14 , and 15 .