Survey on the Use of Standard Forms 254 and 255 for Architect-Engineer Qualifications (1996)

This subchapter is referred to In title 10 sections 2302, 2855; title 23 section 112; title 33 sections 569b, 2292; title 41 section 259; title 42 section 9619; title 49 App. sections 1608. 2210.

§ 541. Definitions

As used in this subchapter—

1. The term “firm” means any individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the professions of architecture or engineering.

2. The term “agency head” means the Secretary, Administrator, or head of a department, agency, or bureau of the Federal Government.

3. The term “architectural and engineering services” means—

   1. professional services of an architectural or engineering nature, as defined by State law, if applicable, which are required to be performed or approved by a person licensed, registered, or certified to provide such services as described in this paragraph;

   2. professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real property; and

   3. such other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.

(June 30, 1949, ch. 288, title IX, § 901, as added Oct. 27, 1972, Pub. L. 92–582, 86 Stat. 1278, and amended Nov. 15, 1988, Pub. L. 100–656, title VII, § 742, 102 Stat. 3897; Nov. 17, 1988, Pub. L. 100–679, § 8, 102 Stat. 4068.)

1988—Par. (3). Pub. L. 100–656 and Pub. L. 100–679 made substantially identical amendments, substituting par. (3) consisting of subpars. (A) to (C) for former par. (3) which read as follows: “The term ‘architectural and engineering services’ includes those professional services of an architectural or engineering nature as well as incidental services that members of these professions and those in their employ may logically or justifiably perform.”

Title IX of act June 30. 1949, which is classified to this subchapter, is popularly known as the “Brooks Architect-Engineers Act”.

This section is referred to in title 41 section 259.

§ 542. Congressional declaration of policy

The Congress hereby declares it to be the policy of the Federal Government to publicly announce all requirements for architectural and engineering services, and to negotiate contracts for architectural and engineering services on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices.

(June 30, 1949, ch. 288, title IX, § 902, as added Oct. 27, 1972, Pub. L. 92–582, 86 Stat. 1279.)

§543. Requests for data on architectural and engineering services

In the procurement of architectural and engineering services, the agency head shall encourage firms engaged in the lawful practice of their profession to submit annually a statement of qualifications and performance data. The agency head, for each proposed project, shall evaluate current statements of qualifications and performance data on file with the agency, together with those that may be submitted by other firms regarding the proposed project, and shall conduct discussions with no less than three firms regarding anticipated concepts and the relative utility of alternative methods of approach for furnishing the required services and then shall select therefrom, in order of preference, based upon criteria established and published by him, no less than three of the firms deemed to be the most highly qualified to provide the services required.

(June 30, 1949, ch. 288, title IX, § 903, as added Oct. 27, 1972, Pub. L. 92–582, 86 Stat. 1279.)

§ 544. Negotiation of contracts for architectural and engineering services

(a) Negotiation with highest qualified firm

The agency head shall negotiate a contract with the highest qualified firm for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Government. In making such determination, the agency head shall take into account the estimated value of the services to be rendered, the scope, complexity, and professional nature thereof.

(b) Negotiation with second and third, etc., most qualified firms

Should the agency head be unable to negotiate a satisfactory contract with the firm considered to be the most qualified, at a price he determines to be fair and reasonable to the Government, negotiations with that firm should be formally terminated. The agency head should then undertake negotiations with the second most qualified firm. Failing accord with the second most qualified firm, the agency head should terminate negotiations. The agency head should then undertake negotiations with the third most qualified firm.

(c) Selection of additional firms in event of failure of negotiation with selected firms

Should the agency head be unable to negotiate a satisfactory contract with any of the selected firms, he shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.

(June 30, 1949, ch. 288, title IX. § 904, as added Oct. 27, 1972, Pub. L. 92–582, 86 Stat. 1279.)