FAR 36.602-2—Evaluation boards.
Plain-English Summary
FAR 36.602-2 explains how agencies must set up architect-engineer (A-E) evaluation boards and what conflict-of-interest restriction applies to firms whose personnel serve on those boards. It covers the requirement to establish one or more permanent or ad hoc boards, the possible use of preselection boards when agency regulations allow, the required mix of board expertise in architecture, engineering, construction, and Government and related acquisition matters, and who may be appointed to the board. It also requires that one Government member be named chairperson. In addition, it bars any firm from receiving an A-E contract while any of its principals or associates are serving on the awarding agency’s evaluation board. Practically, this section is meant to protect the integrity and fairness of the Brooks Act selection process by ensuring qualified, balanced evaluation panels and preventing self-dealing or the appearance of favoritism.
Key Rules
Boards must be established
When acquiring architect-engineer services, the agency must provide for one or more permanent or ad hoc evaluation boards. Agency regulations may also authorize preselection boards, but only if that authority exists in the agency’s procedures.
Board expertise must be broad
The board members, taken together, must have experience in architecture, engineering, construction, and Government and related acquisition matters. The rule is about collective competence, so the board as a whole must be qualified across all of these areas.
Members must be highly qualified
Board members must be appointed from among highly qualified professional employees of the agency or other agencies. Private practitioners may also serve if agency procedure authorizes their participation.
Government chairperson required
One Government member of each board must be designated as the chairperson. This ensures the board is led by a Government official and provides clear accountability for the selection process.
Conflict-of-interest restriction
A firm is not eligible for award of an architect-engineer contract during the period in which any of its principals or associates are participating as members of the awarding agency’s evaluation board. This prevents a firm from competing while one of its people is helping evaluate the competition.
Responsibilities
Agency
Establish one or more architect-engineer evaluation boards for A-E acquisitions, ensure agency procedures authorize any preselection board or private-practitioner participation, and maintain board composition that collectively covers the required disciplines and acquisition knowledge.
Contracting Officer / Awarding Agency
Use a properly constituted board in the selection process, designate one Government member as chairperson, and ensure no award is made to a firm that is disqualified because one of its principals or associates is serving on the board.
Board Members
Participate in the evaluation process only if they are highly qualified and properly appointed, bring the required professional and acquisition expertise to the board, and avoid conflicts that would compromise the integrity of the selection process.
Private Practitioners (if authorized)
Serve on the board only when agency procedures allow it and only as properly appointed members who contribute professional expertise without violating conflict-of-interest restrictions.
Firms Seeking Award
Ensure that none of their principals or associates serve on the awarding agency’s evaluation board during the period of competition, because doing so makes the firm ineligible for award.
Practical Implications
Agencies need a standing process for forming A-E boards so selections are not delayed and the board always has the right mix of expertise.
The conflict rule is strict: if a firm’s principal or associate is on the board, the firm cannot receive the contract, so agencies should screen for relationships before evaluations begin.
Because the board must collectively cover architecture, engineering, construction, and acquisition matters, agencies should not rely on a single-discipline panel or a panel lacking procurement knowledge.
If private practitioners are used, the agency must confirm that its own procedures expressly allow that participation; otherwise, the appointment may be improper.
Contractors should monitor board membership and disclose relationships early, since undisclosed participation by a firm’s principal or associate can create a disqualification issue and potentially disrupt the procurement.
Official Regulatory Text
(a) When acquiring architect-engineer services, an agency shall provide for one or more permanent or ad hoc architect-engineer evaluation boards (which may include preselection boards when authorized by agency regulations) to be composed of members who, collectively, have experience in architecture, engineering, construction, and Government and related acquisition matters. Members shall be appointed from among highly qualified professional employees of the agency or other agencies, and if authorized by agency procedure, private practitioners of architecture, engineering, or related professions. One Government member of each board shall be designated as the chairperson. (b) No firm shall be eligible for award of an architect-engineer contract during the period in which any of its principals or associates are participating as members of the awarding agency’s evaluation board.