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40 USC CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS 01/06/03

-EXPCITE-

TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-HEAD-

CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-MISC1-

Sec.

1101. Policy.

1102. Definitions.

1103. Selection procedure.

1104. Negotiation of contract.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 6 section 232; title 10

sections 2302, 2305a, 2855; title 23 section 112; title 33 sections

569b, 892a, 2292; title 41 section 259; title 42 section 9619;

title 43 section 377b; title 49 sections 5325, 47107.

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40 USC Sec. 1101 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-HEAD-

Sec. 1101. Policy

-STATUTE-

The policy of the Federal Government is 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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1129.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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1101 40:542. June 30, 1949, ch. 288,

title IX, Sec. 902, as added

Pub. L. 92-582, Oct. 27,

1972, 86 Stat. 1279.

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The words "The Congress hereby declares" are omitted as

unnecessary.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 41 section 253m.

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40 USC Sec. 1102 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-HEAD-

Sec. 1102. Definitions

-STATUTE-

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-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1129.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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1102 40:541. June 30, 1949, ch. 288,

title IX, Sec. 901, as added

Pub. L. 92-582, Oct. 27,

1972, 86 Stat. 1278; Pub. L.

100-656, title VII, Sec.

742, Nov. 15, 1988, 102

Stat. 3897; Pub. L. 100-679,

Sec. 8, Nov. 17, 1988, 102

Stat. 4068.

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In clause (1), the words "Secretary, Administrator, or" are

omitted as unnecessary.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 31 section 1105; title 41

section 253m.

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40 USC Sec. 1103 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-HEAD-

Sec. 1103. Selection procedure

-STATUTE-

(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.

-SOURCE-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1130.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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1103 40:543. June 30, 1949, ch. 288,

title IX, Sec. 903, as added

Pub. L. 92-582, Oct. 27,

1972, 86 Stat. 1279.

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In subsection (b), the words "engaged in the lawful practice of

their profession" are omitted as unnecessary 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 approach for furnishing the required

services" to eliminate unnecessary words.

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SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1104 of this title; title

41 section 253m.

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40 USC Sec. 1104 01/06/03

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TITLE 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS

SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES

CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS

-HEAD-

Sec. 1104. Negotiation of contract

-STATUTE-

(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. 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-

(Pub. L. 107-217, Aug. 21, 2002, 116 Stat. 1130.)

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HISTORICAL AND REVISION NOTES

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Revised Source (U.S. Code) Source (Statutes at Large)

Section

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1104 40:544. June 30, 1949, ch. 288,

title IX, Sec. 904, as added

Pub. L. 92-582, Oct. 27,

1972, 86 Stat. 1279.

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-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 41 section 253m.

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