# AFARS PART 5136

- Subpart 5136.2 -- Special Aspects of Contracting for Construction

- 5136.201 -- Evaluation of contractor performance.
- 5136.209 -- Construction contracts with architect-engineer firms.
- 5136.271 -- Cost-plus-fixed-fee contracts.

- Subpart 5136.6 -- Architect-Engineer Services

- 5136.600 – Scope of subpart.

- 5136.600-90 -- Authority for architect-engineer contracting.

- 5136.601 -- Policy.

- 5136.601-90 – Synopsis and notice.
- 5136.601-3 -- Applicable contracting procedures.
- 5136.601-3-90 -- Limitations.

- 5136.602 -- Selection of firms for architect-engineer contracts.

- 5136.602-5 -- Short selection process for contracts not to exceed the simplified acquisition threshold.

AFARS -- Part 5136
Construction and Architect-Engineer Contracts

Subpart 5136.2 -- Special Aspects of Contracting for Construction

5136.201 -- Evaluation of contractor performance.

(a)(1)

(90) For Job Order Contracts, the contracting officer must ensure evaluation of contractor performance for each order of $550,000 or more. [AFARS Revision #25, Item XVI, dated April 1, 2010]

(2) As a minimum, the report (DD Form 2626, Performance Evaluation (Construction)) must be prepared at the final acceptance of work. The Contracting Officer’s Representative (COR), or ordering officer, if there is no COR, must be responsible for monitoring contract performance.

(b) The contracting officer is responsible for reviewing performance reports for accuracy and fairness, prior to their submission to the central data base.

(c) (2) Before awarding a Job Order Contract, contracting officers must retrieve all performance evaluations in the Contractor Performance Assessment Report (CPAR) on those offerors in range for award. Contracting officers may rely solely on the CPAR database information in assessing past performance.

5136.209 -- Construction contracts with architect-engineer firms.

The Head of the Contracting Activity (HCA) may approve award of a construction contract to the firm that designed the project. This authority may be redelegated to the Principal Assistant Responsible for Contracting (PARC) or, in the United States Army Corps of Engineers (USACE), to the Division Engineer.

5136.271 -- Cost-plus-fixed-fee contracts.

(i) HCAs may approve the use of cost-plus-fixed-fee contracts for environmental work, unless the environmental work is classified as construction as defined by 10 U.S.C. 2801. This authority may be redelegated no lower than the chief of the contracting office.

(ii) For proposed contracts subject to the requirements of DFARS 236.271, but not covered by the delegation of authority in (i), send the request for approval to the addressee in 5101.290(b)(3). [AFARS Revision #21, dated May 22, 2007]

Subpart 5136.6 -- Architect-Engineer Services

5136.600 – Scope of subpart.

5136.600-90 -- Authority for architect-engineer contracting.

a. The following Army contracting activities are authorized to contract for architect-engineer services, as stipulated below:

(1) The U.S. Army Corps of Engineers.

(2) The National Guard Bureau.

(3) The U.S. Army Mission and Installation Contracting Command, Enterprise and Installation Operations.

(4) The U.S. Expeditionary Contracting Command, Europe, for A-E services for Operations and Maintenance Appropriations (OMA) and Army Family Housing (Operations) (AFH-O) funded projects.

b. Other Army contracting activities, as mutually agreed with the U.S. Army Corps of Engineers, may execute task orders for architect-engineer services, under U.S. Army Corps of Engineers indefinite-delivery contracts. The installation contracting officer and facilities engineering personnel must comply with the instructions of the U.S. Army Corps of Engineers contracting officer regarding the negotiation, issuance, and administration of task orders.

[AFARS Revision #005, dated September 27, 2002] [AFARS Revision #21, dated May 22, 2007]

5136.601 -- Policy.

5136.601-90 – Synopsis and notice.

(a) For Army funded projects, the National Guard Bureau contracting officers must --

(1) Use the information contained in the synopsis of the proposed contract action (FAR 5.207(a)); and

(2) Send the notice to the USACE addressee at 5101.290(b)(10), or by typed facsimile to the Department of the Army Office, Chief of Legislative Liaison DSN 227-6988/3840/3847 or (703) 697-6988/3840/3847 at least 23 calendar days before the initial obligation of funds.

(b) The USACE must report in accordance with Army Regulation (AR) 415-15; contracting officers are not required to report.

[AFARS Revision #21, dated May 22, 2007]

5136.601-3 -- Applicable contracting procedures.

5136.601-3-90 -- Limitations.

Limitations on use of indefinite-delivery A-E contracts. Headquarters, USACE, and Headquarters, National Guard Bureau, must establish appropriate controls on the use of indefinite delivery contracts for architect-engineering services by subordinate contracting offices.

[AFARS Revision #21, dated May 22, 2007]

5136.602 -- Selection of firms for architect-engineer contracts.

5136.602-5 -- Short selection process for contracts not to exceed the simplified acquisition threshold.

The USACE and the National Guard Bureau may use both short processes.