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40 U.S.C. § 1104 — Negotiation of contract

Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 1104 — Negotiation of contract

**(a) In General.—** The agency head shall negotiate a contract for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Federal Government. In determining fair and reasonable compensation, the agency head shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered. **(b) Order of Negotiation.—** The agency head shall attempt to negotiate a contract, as provided in subsection (a), with the most highly qualified firm selected under [section 1103 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title40-section1103&num=0&edition=prelim). If the agency head is unable to negotiate a satisfactory contract with the firm, the agency head shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.

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Source location: Title 40, Chapter 11, § 1104; chapter-011-selection-of-architects-and-engineers.md

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 1103 — Selection procedure

**(a) In General.—** These procedures apply to the procurement of architectural and engineering services by an agency head. **(b) Annual Statements.—** The agency head shall encourage firms to submit annually a statement of qualifications and performance data. **(c) Evaluation.—** For each proposed project, the agency head shall evaluate current statements of qualifications and performance data on file with the agency, together with statements submitted by other firms regarding the proposed project. The agency head shall conduct discussions with at least 3 firms to consider anticipated concepts and compare alternative methods for furnishing services. **(d) Selection.—** From the firms with which discussions have been conducted, the agency head shall select, in order of preference, at least 3 firms that the agency head considers most highly qualified to provide the services required. Selection shall be based on criteria established and published by the agency head.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 6733 — Federal Triangle property

**(a) Title.—** Title to the Federal Triangle property reverts to the Administrator of General Services not later than the date on which ownership of the Ronald Reagan Building and International Trade Center vests in the Federal Government. **(b) Nonapplicability of Certain Laws.—** (1) **Building permits and inspection.—** — For purposes of development of the Federal Triangle property, the person selected to develop the property is not subject to any state or local law relating to building permits and inspection. (2) **Taxes and assessments.—** — The property and improvements to the property are not subject to real and personal property taxation or to special assessments.

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Federal law — U.S. Code and appendices · legal_authorities

40 U.S.C. § 1104 — Negotiation of contract

Page 93 TITLE 40—PUBLIC BUILDINGS, PROPERTY, AND WORKS § 1104 and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, pro- gram management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineer- ing, drawing reviews, preparation of oper- ating and maintenance manuals, and other related services. (3) FIRM.—The term ‘‘firm’’ means an indi- vidual, firm, partnership, corporation, associa- tion, or other legal entity permitted by law to practice the profession of architecture or engi- neering. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1129.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1102 ............ 40:541. June 30, 1949, ch. 288, title IX, § 901, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1278; Pub. L. 100–656, title VII, § 742, Nov. 15, 1988, 102 Stat. 3897; Pub. L. 100–679, § 8, Nov. 17, 1988, 102 Stat. 4068. In clause (1), the words ‘‘Secretary, Administrator, or’’ are omitted as unnecessary. § 1103. Selection procedure (a) IN GENERAL.—These procedures apply to the procurement of architectural and engineer- ing services by an agency head. (b) ANNUAL STATEMENTS.—The agency head shall encourage firms to submit annually a statement of qualifications and performance data. (c) EVALUATION.—For each proposed project, the agency head shall evaluate current state- ments of qualifications and performance data on file with the agency, together with statements submitted by other firms regarding the proposed project. The agency head shall conduct discus- sions with at least 3

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