FAR 36.601—Policy.

Public announcement.

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.

Competition.

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.

Applicable contracting procedures.

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.

Implementation.

FAR 36.601-4 explains how contracting officers should identify what counts as architect-engineer (A-E) services for purposes of the special procurement procedures in this subpart. It covers four major subject areas: professional architectural or engineering services required by state law to be performed or approved by a registered architect or engineer; professional A-E services tied to the design or construction of real property; other related professional services that logically require registered architects or engineers, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, and preparation of operating and maintenance manuals; and the treatment of surveying and mapping services, including when mapping must be acquired under A-E procedures versus when it should be acquired under the general competition procedures in FAR parts 13, 14, or 15. The section also states that contracting officers may award A-E contracts to any firm legally permitted to practice architecture or engineering. In practice, this provision is a classification rule: it helps the contracting officer decide whether a requirement belongs in the Brooks Act/A-E procurement framework or in ordinary acquisition channels. That decision matters because A-E services are procured differently from most other services, and misclassification can lead to using the wrong source selection method, the wrong competition procedures, or the wrong pool of eligible firms.