DOLAR Part 2936 Construction and Architect-Engineer Contracts

Part 2936 Construction and Architect-Engineer Contracts

• Subpart 2936.2 Special Aspects of Contracting for Construction
• 2936.201 Evaluation of contractor performance.
• 2936.209 Construction contracts with architect-engineer firms.
• Subpart 2936.5 Contract Clauses
• 2936.516 Quality surveys.
• Subpart 2936.6 Architect-Engineer Services
• 2936.602 Selection of firms for architect-engineer contracts.
• 2936.602-1 Selection criteria.
• 2936.602-2 Evaluation boards.
• 2936.602-3 Evaluation based functions.
• 2936.602-4 Selection authority.
• 2936.602-5 Short selection processes for contracts not to exceed $10,000.
• 2936.603 Collecting data on and appraising firms' qualifications.
• 2936.604 Performance evaluation.
• 2936.606 Negotiations.

Part 2936 Construction and Architect-Engineer Contracts

Subpart 2936.2 Special Aspects of Contracting for Construction

2936.201 Evaluation of contractor performance.

The HCA must establish procedures to evaluate construction contractor performance and prepare performance reports as required by

FAR 36.201.

2936.209 Construction contracts with architect-engineer firms.

As required by

FAR 36.209, no contract for construction of a project may be awarded to the firm that designed the project, or to its subsidiaries or affiliates, without the written approval of the Assistant Secretary for Administration and Management. Any request for approval must include the reason(s) why award to the design firm is required; an analysis of the facts involving potential or actual organizational conflicts of interest including benefits and detriments to the Government and the prospective contractor; and the measures which are to be taken to avoid, neutralize, or mitigate conflicts of interest.

Subpart 2936.5 Contract Clauses

2936.516 Quality surveys.

The HCA is authorized to make the determination regarding the impracticability of Government performance

Subpart 2936.6 Architect-Engineer Services

2936.602 Selection of firms for architect-engineer contracts.

Selection of firms for architect-engineer contracts.

2936.602-1 Selection criteria.

HCAs are authorized to approve the use of design competition under the conditions in FAR 36.602-1(b).

2936.602-2 Evaluation boards.

HCAs must establish procedures to provide permanent or ad hoc architect-engineer evaluation boards as prescribed in

FAR 36.602-2. Procedures must provide for the appointment of private practitioners of architecture, engineering, or related professions when such action is determined in writing by the HCA to be essential to meeting the Government's minimum needs.

2936.602-3 Evaluation based functions.

The selection report required in

FAR 36.602-3(d) must be prepared for the approval of the HCA.

2936.602-4 Selection authority.

The HCA is authorized to serve as the designated Selection Authority in accordance with

FAR 36.602-1.

2936.602-5 Short selection processes for contracts not to exceed $10,000.

The selection process prescribed in

FAR 36.602-5(b) must be used for architect-engineer contracts not exceeding the simplified acquisition threshold.

2936.603 Collecting data on and appraising firms' qualifications.

(a) HCAs who acquire architect-engineer services must establish procedures to comply with the requirements of

FAR 36.603.

(b) Copies of procedures established under paragraph (a) of this section must be submitted to the Division of Acquisition Management Services, for review and recommendation for approval to the HCA when updated. These procedures must include a list of names, addresses, and telephone numbers of offices or boards assigned to maintain architect-engineer qualification data files.

2936.604 Performance evaluation.

(a) The HCA must establish procedures to evaluate architect-engineer contractor performance as required in

FAR 36.604. Normally, the performance report must be prepared by the contracting officer's authorized representative or other official who was responsible for monitoring contract performance and who is qualified to evaluate overall performance. DOL Agency/Office procedures must prescribe instructions for review of the report, before distribution, as prescribed in

FAR 36.604(b).

(b) Performance reports must be made using Standard Form 1421, Performance Evaluation (Architect-Engineer) as prescribed in

FAR 36.702(c). Details covering unsatisfactory performance, including Government notification to the contractor and written comments by the contractor, must also be attached to the report.

2936.606 Negotiations.

When a proposal is solicited from an architect-engineer firm selected for negotiations, the contracting officer shall include in the request for proposals a reference to 2936.209 of this title as required by

FAR 36.606(c).