1836.203 Government estimate of construction costs.
(a) The initiator of the Government estimate shall designate the estimate "For Official Use Only" unless the information in the estimate requires a security classification, in which event it shall be handled in accordance with applicable security regulations.
(b) If the acquisition is by sealed bidding, the contracting officer shall file a sealed copy of the detailed Government estimate with the bids until bid opening. After the bids are read and recorded, the contracting officer shall remove the "For Official Use Only" designation, read the estimate, and record it in the same detail as the bids.
(c) If the acquisition is by negotiation, the contracting officer may disclose cost breakdown figures in the Government estimate during negotiations, but only to the extent necessary for arriving at a fair and reasonable price. However, the contracting officer shall not disclose the overall amount of the Government estimate prior to award. At the time of award, the "For Official Use Only" designation shall be removed. After award, the contracting officer may reveal the Government estimate, upon request, to offerors.
1836.205 Statutory cost limitations.
"Statutory cost limitations" refers to cost limitations that may be included in an agency's annual appropriation act.
1836.209 Construction contracts with architect-engineer firms.
(a) Except as provided in paragraph (c) of this section, contracting officers shall not--
(1) Solicit offers for the construction of a facility from any firm, its subsidiaries, or affiliates furnishing architect-engineer services for that facility; or
(2) Consider unsolicited offers from that firm, its subsidiaries, or affiliates.
(b) An architect-engineer firm selected for negotiation of an architect-engineer services contract under the procedures in 1836.602 shall be advised of the policy in paragraph (a) of this section before initiation of negotiations, if that firm possesses construction capabilities either within its own organization or through subsidiaries or affiliates. The firm shall have the option of either--
(1) Declining to enter into contract negotiations, in order to be eligible to compete for the related construction contract; or
(2) Entering into contract negotiations with the clear understanding that, if such negotiations are successful, the firm, its subsidiaries, and affiliates will be ineligible to compete for the related construction contract.
(c) (1) The policy in FAR 36.209 does not apply when--
(i) The Associate Administrator for Procurement, upon recommendation from Code HS, specifically authorizes, before the initiation of negotiations, use of a cost-plus-fixed-fee contract for both the design and construction of a facility; or
(ii) A contract (A) is awarded on the basis of performance specifications for the construction of a facility, and (B) requires the contractor to furnish construction drawings, specifications, or site adaptation drawings of the facility.
(2) The contracting officer shall prepare requests for authorization pursuant to subparagraph (1)(i) of this section in sufficient detail to establish the need for procuring both design and construction under one contract. In neither of the excepted cases in paragraph (1) of this section shall the firm that prepared the drawings and specifications be engaged to supervise and inspect, on behalf of the Government, the construction of the facility involved.
1836.303 Invitations for bids.
1836.303-70 Additive and deductive items.
(a) When it appears that funds available for a project may be insufficient for all the desired features of construction, the contracting officer may provide in the invitation for bids for (1) a first or base bid item covering the work generally as specified and (2) one or more additive or deductive bid items progressively adding or omitting specified features of the work in a stated order of priority. In such case, the low bidder and the items to be awarded shall be determined as described in the provision at 1852.236-71, Additive or Deductive Items.
(b) The contracting officer, before the opening of bids, shall determine and record in the contract file the amount of funds available for the project. This amount shall be controlling for determining the low bidder, but may be increased for determining the items to be awarded, provided that award on the combination of items does not exceed the amount offered by any other conforming responsible bidder for the same combination of items.
1836.304 Notice of Award.
Contract delivery or performance schedules, commencement of work, or notices to proceed shall not be expressed in terms of a notice of award. See NFS 1812.103. Also, see NFS 1814.408-1(f) for notice of award content and format.
1836.370 Solicitation provisions.
(a) The contracting officer shall insert the provision at 1852.236-71, Additive or Deductive Items, in invitations for bids for construction when it is desired to add or deduct bid items to meet available funding.
(b) The contracting officer shall insert the provision at 1852.236-72, Bids with Unit Prices, in invitations for bids for construction when the invitation contemplates unit prices of items.
1836.570 NASA contract clause and solicitation provision.
1836.570-1 Hurricane plan.
The contracting officer shall insert the clause at 1852.236-73, Hurricane Plan, in solicitations and contracts for construction at sites that experience hurricanes.
1836.570-2 Magnitude of requirement.
The contracting officer shall insert the provision at 1852.236-74, Magnitude of Requirement, in solicitations for construction. Insert the appropriate estimated dollar range in accordance with FAR 36.204.
1836.602 Selection of firms for architect-engineer contracts.
1836.602-1 Selection criteria.
(a) As permitted by FAR 36.602-1(a)(6), in evaluating architect-engineer firms, the architect-engineer selection board shall apply any criteria set forth in the public notice regarding a particular requirement and the volume of work previously awarded to the firm by NASA, with the object of effecting an equitable distribution of contracts among qualified architect-engineer firms, including minority-owned firms and firms that have not had prior NASA contracts.
(b) It should be noted that the evaluation criteria in paragraph (a) of this section and FAR 36.602-1(a) are not listed in order of importance. The relative weight to be assigned to them may vary with the particular requirements of the individual procurement.
(c) NASA will consider the immediate past 10 years as the period for evaluation under FAR 36.602-1(a)(2) and (4).
1836.602-2 Evaluation boards.
In compliance with FAR 36.602-2, the person designated as the selection authority, unless Field Installation Management Instructions designate higher authority, shall establish an architect-engineer selection board to be composed of at least three voting members. Membership shall at least include: one currently registered architect or professional engineer, who shall serve as the board chairperson; an appropriate official from the requiring office; and, an appropriate technical official familiar with any unique subject matter (see FAR 36.102, Definitions, "Architect-engineer services") critical to the requirement. Each board shall include an appropriate procurement official (a contracting officer, if feasible) as an ad hoc advisor to the board and the selection authority. Where appropriate, a procurement official may serve as a voting member on evaluation boards. Appointment of non-Government employees as voting members is not authorized.
1836.602-3 Evaluation board functions.
The report required by FAR 36.602-3(d) should, as a minimum, discuss each criterion for each offeror and explain why one firm is rated higher than the others.
1836.602-4 Selection authority.
The first level manager above the requirement office who is serving in grade GS 16 or above under the General Schedule or in a comparable or higher position under another schedule, or otherwise, is designated as the selection authority for purposes of FAR 36.602-4.
1836.602-5 Short selection process for contracts not to exceed the simplified acquisition threshold.
(a) Use of the procedures at FAR 36.602-5(a) or (b) is at the discretion of the selection authority specified in 1836.602-4.
(b) The selection authority specified in 1836.602-4 is designated as the selection authority for purposes of FAR 36.602-5(b)(2).
1836.602-70 Selection of architect-engineers for master planning.
(a) Definition of master plan. A master plan is an integrated series of documents presenting in graphic, narrative, and tabular form the present composition of the installation and the plan for its orderly and comprehensive development to perform its various missions in the most efficient and economical manner.
(b) Selection.
(1) Selection of an Architect-Engineer for the development of a master plan in connection with the establishment of a new NASA activity or installation shall be made by the Associate Administrator having institutional responsibility. The report of the architect-engineer selection board will be concurred in at NASA Headquarters by the Associate Administrator for Management Systems and Facilities, the Associate Administrator for Procurement, the Chief Financial Officer (CFO)/Comptroller, and the General Counsel.
(2) The Associate Administrator for Management Systems and Facilities shall be responsible for the architect-engineer selection board report required by FAR 36.602-3(d) and necessary revisions required from the reviews in 1836.602-70(b)(1), if any, before presentation to the Associate Administrator having institutional responsibility.
1836.602-71 Conflict of interest.
(a)(1) All persons participating in an architect-engineer evaluation, review or selection activity shall have a written certification on file in NASA stating knowledge of and compliance with the Office of Government Ethics' Standards of Ethical Conduct for Employees of the Executive Branch (August 1992) and the NASA Supplement (September 28, 1994) to the Office of Government Ethics' Standard of Ethical Conduct for Employees of the Executive Branch (August 1992). The minimum certification shall be:
I, the undersigned, hereby certify that I have: (i) read the Office of Government Ethics' Standard of Ethical Conduct for Employees of the Executive Branch (August 1992) and the NASA Supplement (September 28, 1994) to the Office of Government Ethics' Standard of Ethical Conduct for Employees of the Executive Branch (August 1992); (ii) filed the relevant [insert "Standard Form 278" for any employee who's annual salary is 120 percent above step one of grade 15 of the General Schedule (GS) or "Standard Form 450" for employees whose annual salary is at or below step ten of grade 15 of the General Schedule (GS)]; and, (iii) examined the attached list of competitors for the [Title] project before the architect-engineer selection board. I further certify that I have no financial or other personal interest in these firms.
(Signature) (Date)
(2) Any person unwilling or unable to make and furnish the required certification shall be disqualified from participating in any architect-engineer selection board activity.
(3) The certification provided pursuant to 1836.602-71(a)(1) shall be on file with the Office of General Counsel (Code GG) for Headquarters persons and with the field installation Chief Counsel for field installation personnel.
(b) Any person signing a certification under 1836.602-71(a)(1) who subsequently acquires a real or apparent conflict of interest hereunder shall immediately cease further activity, report the conflict to the selection board chairperson and withdraw from further participation. Further, such conflicts are to be concurrently reported to the appropriate counsel's office who is responsible for determining whether any employee's acquired conflict necessitates any further action.
(c) Any person associated with these activities who becomes aware of any extraneous influences being brought to bear on participants shall report such to the Office of Inspector General (Code W).
1836.603 Collecting data on and appraising firms' qualifications.
The architect-engineer selection boards (see 1836.602-2) are designated as NASA's evaluation boards for the purposes of FAR 36.603.
1836.702 Forms for use in contracting for architect-engineer services.
(a) Architect-Engineer Contract (Standard Form 252). Instructions for completing this form are as follows:
(1) Block 5-Project Title and Location. Include a short description of the construction project and the estimated cost of constructing the facilities for the project. If the space provided is insufficient, include a more detailed description in the contract's specification/work statement and identify the location of the more detailed description in Block 10.
(2) Block 6-Contract For (General description of services to be provided). Include a brief description of the services and state that they are fully set out in the specification/work statement. Clearly specify the date by which design services must be completed. If supervision and inspection services during construction are to be procured, also clearly specify the date by which they must be completed and add a statement that the Government may extend the period for their performance as provided in the Changes clause of the contract.
(3) Block 7-Contract Amount. If the contract is for both design and supervision and inspection services, set out the amounts for each effort separately.
(b) Statement of architect-engineer services accompanying the SF 252. The services to be furnished by an architect- engineer should be carefully defined during negotiation of the contract and a statement of them inserted in the contract's specification/work statement. The statement should clearly and concisely set forth the nature and extent of the services and include any special services, such as the nature and extent of subsurface exploration prior to designing foundations. A similar statement of supervision and inspection services should be inserted in the specification/work statement if supervision and inspection services are to be acquired.