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  • Question

    Does the Selection of Architects and Engineer statute (40 U.S.C. 1101) and more specifically the 6 percent limitation on Federal Design Contracts apply to the NAF procurement actions?


    Answer

    I completed an extensive search and found no further publications applicable than those referenced by you. The Navy guidance clearly states that the FAR and DFARS are not applicable to NAF projects. The Air Force guidance states the selection of architect-engineer statute is not mandatory for NAF projects but should be used as a guide.
     
    I can find no reference that states FAR Part 36, DFARS Part 236, and the statute are mandatory for DoD organizations.
     
    I have not encountered a request to purchase A&E services with non-appropriated funds.

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