Do the A&E services anticipated under the contract have to be procured IAW FAR 36.6, or can the evaluation of A&E capability and experience be included in the solicitation utilizing FAR 15 evaluation and selection procedures?
FAR Subpart 36.6 and the Brooks Act do not apply unless the Architect & Engineering (A&E) contract is going to be awarded to as the prime contract. If the A&E effort is going to be included as a smaller portion of a much larger project, then the requirements is managed in accordance with FAR Part 15 or other applicable FAR part. Typically, the A&E effort will be a subcontractor and the negotiation of the design work will be accomplished by the prime contractor just as the prime would with any other subcontractor.
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