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

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 firms to consider antici- pated concepts and compare alternative meth- ods 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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1103 ............ 40:543. June 30, 1949, ch. 288, title IX, § 903, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279. In subsection (b), the words ‘‘engaged in the lawful practice of their profession’’ are omitted as unneces- sary because of the definition of ‘‘firm’’ in section 1102 of the revised title. In subsection (c), the words ‘‘compare alternative methods for furnishing services’’ are substituted for ‘‘the relative utility of alternative methods of ap- proach for furnishing the required services’’ to elimi- nate unnecessary words. Statutory Notes and Related Subsidiaries ARCHITECTURAL AND ENGINEERING SERVICES Pub. L. 108–136, div. A, title XIV, § 1427(b), Nov. 24, 2003, 117 Stat. 1670, as amended by Pub. L. 117–81, div. A, title XVII, § 1702(l)(8), Dec. 27, 2021, 135 Stat. 2161, provided that: ‘‘Architectural and engineering services (as defined in section 1102 of title 40, United States Code) shall not be offered under multiple-award sched- ule contracts entered into by the Administrator of Gen- eral Services or under Governmentwide task and deliv- ery order contracts entered into under sections 3403 and 3405 of title 10, United States Code, or sections 303H and 303I of the Federal Property and Administrative Serv- ices Act of 1949 ([former] 41 U.S.C. 253h and 253i) [now 41 U.S.C. 4103, 4105(a) to (c)(1), (d) to (i)] unless such services— ‘‘(1) are performed under the direct supervision of a professional architect or engineer licensed, reg- istered, or certified in the State, territory (including the Commonwealth of Puerto Rico), possession, or Federal District in which the services are to be per- formed; and ‘‘(2) are awarded in accordance with the selection procedures set forth in chapter 11 of title 40, United States Code.’’ § 1104. Negotiation of contract (a) IN GENERAL.—The agency head shall nego- tiate a contract for architectural and engineer- ing 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 na- ture, and estimated value of the services to be rendered. (b) ORDER OF NEGOTIATION.—The agency head shall attempt to negotiate a contract, as pro- vided in subsection (a), with the most highly qualified firm selected under section 1103 of this title. If the agency head is unable to negotiate a satisfactory contract with the firm, the agen- cy 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 satisfac- tory 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. (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1104 ............ 40:544. June 30, 1949, ch. 288, title IX, § 904, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279. CHAPTER 13—PUBLIC PROPERTY Sec. 1301. Charge of property transferred to the Federal Government. 1302. Lease of buildings. 1303. Disposition of surplus real property. 1304. Transfer of federal property to States.