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40 U.S.C. § 1103 — Selection procedure
Federal law — U.S. Code and appendices · legal_authorities
**(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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Stable record: federal_law:legal_authorities:record_usc_f004d638c0d47fc2e72dc52a
Source file: Laws/federal/codes/united-states-code/title-40/section-1103-selection-procedure--d18359b0b9.md
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Source location: Title 40, Chapter 11, § 1103; chapter-011-selection-of-architects-and-engineers.md
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**(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
In this chapter, the following definitions apply:
(1) **Agency head.—** — The term “agency head” means the head of a department, agency, or bureau of the Federal Government.
(2) **Architectural and engineering services.—** — The term “architectural and engineering services” means—
(A) professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph;
(B) 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
(C) 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.
(3) **Firm.—** — The term “firm” means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture or engineering.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 1102
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Authority To Award.—** Subject to the requirements of this section, [section 4106 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section4106&num=0&edition=prelim), and other applicable law, the head of an executive agency may enter into a task or delivery order contract for procurement of services or property.
**(b) Solicitation.—** The solicitation for a task or delivery order contract shall include—
(1) the period of the contract, including the number of options to extend the contract and the period for which the contract may be extended under each option;
(2) the maximum quantity or dollar value of the services or property to be procured under the contract; and
(3) a statement of work, specifications, or other description that reasonably describes the general scope, nature, complexity, and purposes of the services or property to be procured under the contract.
**(c) Applicability of Restriction on Use of Noncompetitive Procedures.—** The head of an executive agency may use procedures other than competitive procedures to enter into a task or delivery order contract under this section only if an exception in [section 3304(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/a&num=0&edition=prelim) applies to the contract and the use of those procedures is approved in accordance with [section 3304(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section3304/e&num=0&edition=prelim).
**(d) Single and Multiple Contract Awards.—**
(1) **Exercise of authority.—** — The head of an executive agency may exercise the authority provided in this section—
(A) to award a single task or delivery order contract; or
(B) if the solicitation states t
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 4103
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 40 U.S.C. § 1104
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 40 U.S.C. § 1103
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.