FAR 36.602-4—Selection authority.
Plain-English Summary
FAR 36.602-4 explains who has the authority to make the final selection in architect-engineer (A-E) procurements and how that decision must be documented and communicated. It covers the role of the agency head or designated selection authority, the requirement to review the evaluation board’s recommendations, the use of technical and staff advice, the need to rank the most highly qualified firms in order of preference, and the special documentation required when the top-ranked firm is not the board’s top recommendation. It also addresses the rule that all firms on the final selection list become “selected firms” eligible for negotiation under FAR 36.606, the prohibition on the selection authority adding new firms to the report, the procedure for returning an inadequate report for revision, and the duty to promptly inform the board of the final selection. In practice, this section preserves the integrity of the Brooks Act A-E selection process by separating evaluation from final selection, limiting discretion to the firms already evaluated, and creating a clear audit trail for any departure from the board’s ranking. For contracting officers and selection officials, it is a control point that affects competition, documentation, and the start of negotiations; for firms, it determines who may be invited into negotiations and in what order.
Key Rules
Final selection authority
The final selection decision must be made by the agency head or a designated selection authority. This means the evaluation board does not make the final award decision; it only recommends firms for consideration.
Review board recommendations
The selection authority must review the evaluation board’s recommendations and make the final selection with advice from appropriate technical and staff representatives. The decision must be based on the evaluated qualifications of the firms.
Rank firms in preference order
The final selection must be a list, in order of preference, of the firms considered most highly qualified to perform the work. This ranking controls which firms are treated as selected firms for negotiation purposes.
Explain any deviation
If the most preferred firm is not the same as the board’s most highly qualified recommendation, the selection authority must place a written explanation in the contract file. The explanation must justify why the preferred firm was chosen over the board’s top-ranked firm.
No new firms may be added
The selection authority may not add firms to the selection report. If the report is inadequate or the firms are not qualified, the authority must record the reasons and return the report through channels to the evaluation board for revision.
Selected firms may be negotiated
All firms on the final selection list are considered selected firms, and the contracting officer may negotiate with them under FAR 36.606. The final list therefore defines the negotiation pool.
Board must be informed promptly
The evaluation board must be promptly informed of the final selection. This ensures the board knows the outcome and can support the next steps in the procurement process.
Responsibilities
Agency Head / Designated Selection Authority
Make the final selection decision, review the evaluation board’s recommendations, consult appropriate technical and staff representatives, rank the selected firms in order of preference, document any reason for preferring a firm other than the board’s top recommendation, and return an inadequate report for revision rather than adding firms.
Evaluation Board
Evaluate the firms, prepare the selection report, and provide recommendations on the most highly qualified firms. If the report is returned as inadequate, revise it as directed and resubmit it through channels.
Contracting Officer
Use the final selection list as the basis for negotiations under FAR 36.606 and proceed only with firms identified as selected firms.
Technical and Staff Representatives
Advise the selection authority during the final selection decision, providing technical and administrative input as needed.
Agency / Contract File Custodian
Maintain the written explanation in the contract file when the selection authority prefers a firm other than the board’s top recommendation, preserving the record for review and audit.
Practical Implications
The selection authority cannot simply pick any firm it wants; it must choose from the firms already evaluated by the board. If the board’s report is weak or incomplete, the proper response is to send it back for revision, not to expand the field.
When the selection authority departs from the board’s top-ranked firm, the file must clearly explain why. Missing or vague documentation is a common protest and audit vulnerability.
The final selection list matters because it sets the negotiation order and identifies all firms eligible for negotiation under FAR 36.606. Contracting officers should not negotiate outside that list.
Prompt communication to the board helps keep the procurement moving and avoids confusion about who was selected and what happens next.
For contractors, this section means that being highly rated by the board is not the same as being selected first for negotiation; the final ranking by the selection authority controls the next step.
Official Regulatory Text
(a) The final selection decision shall be made by the agency head or a designated selection authority. (b) The selection authority shall review the recommendations of the evaluation board and shall, with the advice of appropriate technical and staff representatives, make the final selection. This final selection shall be a listing, in order of preference, of the firms considered most highly qualified to perform the work. If the firm listed as the most preferred is not the firm recommended as the most highly qualified by the evaluation board, the selection authority shall provide for the contract file a written explanation of the reason for the preference. All firms on the final selection list are considered "selected firms" with which the contracting officer may negotiate in accordance with 36.606 . (c) The selection authority shall not add firms to the selection report. If the firms recommended in the report are not deemed to be qualified or the report is considered inadequate for any reason, the selection authority shall record the reasons and return the report through channels to the evaluation board for appropriate revision. (d) The board shall be promptly informed of the final selection.