Chapter 3 - A-E Services Acquisition

I.Introduction3

II.Legislation3

III.A-E Selection Process and Approval Requirements3

A. A-E Slate Selection Approvals – Standard A-E Contracts3

B. A-E Slate Selection Approvals – Indefinite Delivery Indefinite Quantity A-E Contracts 4

C. Selection Approval Authority Responsibilities4

D. Title 10 U.S.C. 2807 Notification4

E. DCAA Audit4

F. Other Approvals5

IV.Purchase Request/Certification of Funds for Project Design or A-E Services5

V.Preparing the Commerce Business Daily (CBD) Synopsis5

A. The Necessity and Procedure for Preparing a Synopsis5

B. Preparing the CBD Synopsis6

C. A-E Evaluation Criteria Included in the Synopsis6

D. Architect-Engineering (A-E) Services7

VI.Preparing the A-E Statement of Work (SOW)9

VII.Independent Government Estimate (IGE)11

A. Preparing the IGE11

B. Coordination of the IGE12

VIII. Preselection and Selection Board Appointments12

IX.Log-In of Standard Forms 254 & 25513

X.Weighting A-E Evaluation Factors13

XI.Preselection Board14

A. Membership and Coordination14

B. A-E Evaluation Process14

C. Responsibilities15

D. Products16

XII.Notification of Short-Listed Firms16

XIII. Selection Board17

A. Membership and Organization17

B. A-E Evaluation Process17

XIV. A-E Selection to the Contracting Officer18

Title 10 U.S.C. 2807, Architectural and engineering services and construction design (Appendix 4)

Title 10 U.S.C. 4540, Architectural and engineering services (Army)

Title 10 U.S.C. 7212, Employment of outside architects and engineers (Navy)

Title 10 U.S.C. 9540, Architectural and engineering services (Air Force)

Title 15 U.S.C. 631, et seq., Small Business Act

Title 41 U.S.C. 541, et seq., Brooks Architect-Engineers Act (Appendix 9)

AF Form 9, Request for Purchase (Appendix 16)

AFI 32-1023, Design and Construction Standards and Execution of Facility Construction Projects

MILCON COACH software at

ACASS

Federal Acquisition Regulation (FAR), Defense FAR Supplement (DFARS), and Air Force FAR Supplement (AFFARS) references

Chapter 3 - A-E Services Acquisition

Perhaps no other phase of the Air Force project design and construction process is more controlled by policy and regulations than the selection of architectural and engineering (A-E) consultants. The purpose of this chapter is to help the Air Force Project Manager (AF PM) through these selection and contracting steps.

While some of the information in this Chapter applies to Operation and Maintenance (O&M), P-341, Minor Construction, Military Family Housing, Medical, and Nonappropriated Funded (NAF) projects, it is intended to address primarily the Military Construction (MILCON) program.

This chapter is written from the perspective that the Air Force Project Manager (AF PM) is the Design Agent (DA) at the MAJCOM or Base. When the AF PM is not the DA, the AF PM’s responsibilities change. In these situations, the AF PM should work with the DA to review and clarify the AF PM responsibilities prior to commencement of the A-E selection process.

In October 1972, Congress passed Public Law 92-582 (Title 41 United States Code 541 et seq.), Brooks Architect-Engineers Act, that established at the federal level a qualifications-based selection process. A copy of the Act is in Appendix 9, Brooks Act. Use of the Brooks Act qualifications-based selection process for the acquisition of A-E services for Department of Defense construction projects is covered in detail in the Federal Acquisition Regulations (FAR) 36.6, Department of Defense FAR Supplement (DFARS) 236.6, and Air Force FAR Supplement (AFFARS) 5336.6. See AFI 32-1023, Chapter 3, for additional guidance. All Air Force personnel involved in the A-E selection process must be knowledgeable in the application of these regulations and Air Force civil engineering policy.

The first step with any activity is to get organized. The AF PM should prepare an A-E Selection Checklist and A-E Selection Schedule to track the events and the responsible parties for each activity. Use the generic products available in Appendices 10 and 11 or in the MILCON COACH software at . Review the duration of each activity with regard to the size and complexity of the project, including historical delays, and consult with the Contracting Officer.

When preparing the A-E selection schedule, make sure the total schedule duration, including any historical seasonal delays, fits into the overall Air Force program goals. If not, review the alternative delivery strategies in contracting for A-E services. Consider using an existing IDIQ A-E contract to reduce the time required for an A-E to get started.

After preparing the initial checklist, the AF PM should enter this information into the Programming, Design, and Construction (PDC) system or the Automated Civil Engineering System - Program Manager (ACES-PM), as appropriate.

Ensure all necessary approvals required in the A-E selection process are initiated and completed.

AFI 32-1023, Chapter 3, establishes the requirements for A-E selection Approval Authority as follows:

  • A-E Fees of $750,000 or less: The Major Command (MAJCOM) Civil Engineers (CEs) and the Commanders of AFCEE and AFCESA are the selection Approval Authorities where the expected A-E fee for the life of the contract is $750,000 or less. The MAJCOM may delegate this selection approval authority to the Base Civil Engineer (BCE) if that organization possesses the necessary technical staff and registered professionals to satisfy the requirements for selection boards. See Appendix 12, A-E Selection Authority Letter.
  • A-E Fees Greater than $750,000: The Civil Engineer, Headquarters U.S. Air Force (HQ USAF/ILE) is the selection Approval Authority where the expected A-E fee for the life of the contract exceeds $750,000.

Indefinite Delivery Indefinite Quantity (IDIQ) contracts. Currently IDIQ contracts for MILCON, Minor Construction, MFH, Medical, O&M, and NAF projects consist of the basic contract year, plus four option contract years. Maximum fee limitations are $750,000 per contract year and $299,000 per delivery order. However, the initial delivery order in any contract year may be up to the contract year limitation, or $750,000.

  • $750,000 or less: The MAJCOM CEs and the Commanders of AFCEE and AFCESA are the selection Approval Authorities for IDIQ contracts where the expected fee in any single contract year is $750,000 or less. The MAJCOMs may delegate this authority to the BCE if that organization possesses the necessary technical staff and registered professionals to satisfy the requirements for selection boards.
  • More than $750,000: HQ USAF/ILE is the selection Approval Authority for IDIQ contracts where the expected A-E fee in any single contract year is expected to exceed $750,000.
  • The number of IDIQ contracts that a base may have in place generally is limited only by the requirement that sufficient A-E workload exists to justify the multiple contracts and that these multiple IDIQ contracts do not unduly restrict competition. When multiple A-E contracts are awarded from a single solicitation, the fee limitations apply separately to each contract.

HQ USAF/ILE and SAF/AQC may grant waivers to these IDIQ fee limitations when justified by unusual circumstances or requirements. Two separate waiver requests are required: The MAJCOM of the requesting Base, AFCEE, or AFCESA must submit a waiver request to AFFARS 5336.691 to SAF/AQC. The MAJCOM/CE, AFCEE/CC, or AFCESA/CC also must submit a waiver request for selection Authority Approval from HQ USAF/ILEC.

  • Approval of the Commerce Business Daily (CBD) announcement (or other forms of official announcement).
  • Approval of the proposed membership of the selection board(s) prior to release of the CBD announcement
  • Approval of the Preselection Board and Selection Board appointment letters. See AFI 32-1023, Chapter 3, and Section VIII in this Chapter for additional information.
  • Approval of the Preselection Board minutes (when required).
  • Approval of the Selection Board minutes and the final A-E slate.

The AF PM should check to see that the Title 10 U.S.C. 2807 action, has been initiated. This action is required when the cost of A-E services for a project, or a group of projects, is estimated to be greater than $500,000. If required, Congress must be notified by SAF/MII. This notification process will typically take 30 - 45 days. Until the notification process is completed, the A-E contract cannot be awarded and a delivery order for an existing IDIQ A-E contract cannot be processed. The AF PM must ensure that time for this process is included in the A-E Selection Schedule.

The notification required by Title 10 U.S.C. 2807 does not apply to IDIQ A-E contracts. See Appendix 4, Title 10 U.S.C. 2807for information on Title 10 U.S.C. 2807.

The AF PM should use a fee estimate for direct design based on a level of effort not to exceed 6% of the construction costs. If the design fees are $500,000 or greater and the A-E has not been audited by the Defense Contracting Auditing Agency (DCAA) within the past twelve months, then an audit is appropriate. See FAR 15.403-4 and 15.404-2. The

AF PM should note that local Contracting Officer policy may be more stringent, and an A-E audit every six months may be the local practice. Since no A-E selection has been made at this point, add approximately 45 - 60 days to the A-E Selection Schedule for the audit.

A-E contracts and Pre-Business Clearance Memos on contracts $500,000 and greater require MAJCOM approval. This approval adds to the project timeline and must be reflected in the A-E Selection Schedule. The AF PM must coordinate with the Contracting Officer and the relevant approval authorities to determine anticipated delays in these processes.

The AF PM should verify early in the A-E selection process that funds are available for A-E services. Funds may come from the MAJCOM or other sponsoring activity outside of Base sources. Lack of funds at this point can stop the process.

The AF PM’s estimate of funds for A-E services should be based upon a scoping of requirements and historical data on similar projects. However, the funded amount for IDIQ contracts must be equal to or greater than the contract minimum guaranteed amount. Check with the Contracting Officer for any locally required procedures and forms.

The AF PM initiates a Purchase Request (AF Form 9, Request for Purchase, or other local form) identifying the funding amount required and providing a description of A-E services. The AF PM sends the Purchase Request to the appropriate MAJCOM or Base Financial Management office that validates funds availability and processes the funding document. The Contracting Officer maintains the funding document with the project file.

The AF PM must include a statement on Ozone Depleting Substances (ODS) on each funding request document. See Appendix 13, Ozone Depleting Substances Statement for an example of the ODS statement required by AFFARS 5323.890-7 and 5352.223-9000.

The commitment of funds letter and/or AF Form 9 should include as a minimum:

  • PDC or ACES-PM project number, fiscal year, and project name
  • Base location
  • Amount of funds being reserved for the project
  • Where the funds are held, i.e. MAJCOM, Base, etc.
  • When funds will be made available, which must be prior to the Contracting Officer issuing the Request for Proposal to the A-E
  • Letter signed by authorized Financial Manager

See samples of the following certification and reservation of funds documents in Appendices 14, 15, and 16 respectively, or in the MILCON COACH products pick list at

  • AF Form 9
  • MAJCOM Commitment of Funds letter
  • MAJCOM Commitment of Funds message

Generally, a CBD announcement is not required if expected A-E fees are less than the small purchase amount or the project will be a Small Business 8(a) set-aside. Check with AFFARS 5336.690 and the Contracting Officer regarding 8(a) requirements.

If the project’s scope or requirements are unclear, the AF PM must contact the User for clarification. If the Project Management Plan (PMP) and Requirements Document (RD) have not been completed, certain key issues and strategic decisions must be settled now and reviewed with the Contracting Officer prior to preparation and completion of the CBD synopsis.

The AF PM prepares a draft CBD synopsis and then coordinates the review and approval of the actual synopsis. Review and signature authorities are subject to local policy.

The Contracting Officer reviews the draft CBD synopsis for compliance with Title 15 U.S.C. 631, et seq., Small Business Act and, if required, sends the project synopsis to the Small and Disadvantaged Business Utilization (SADBU) Specialist for review against Small Disadvantaged Business (SDB) program requirements. The SADBU review usually requires several days. Consider this review in scheduling all of the selection phase activities. If the project is not an SDB or 8(a) set-aside project, the Contracting Officer is responsible for sending the approved synopsis to the CBD.

The SADBU review applies to both firm fixed-price and IDIQ contracts.

A sample CBD synopsis is available in Appendix 17, CBD Synopsis and in the MILCON COACH software. Modify these documents as necessary to satisfy the requirements of the particular project. Write the CBD synopsis in accordance with FAR 5.207(b) and use the correct classification code, usually Section C - Architect and Engineering Services per FAR 5.207(g). In general:

  • List any special requirements or skills required by the A-E firm. Review the DD Form 1391, the Requirements Document, and the PMP; and ask the BCE staff and User about special requirements.
  • When appropriate, include “experience with data gathering, analysis/design charrettes” as a part of the qualification and selection criteria. Be specific enough when outlining requirements that responding firms are able to highlight related skills and techniques. This will make the job of selecting qualified candidates easier.
  • Be specific in the qualification and selection criteria. This will help A-Es avoid submitting proposals on projects for which they are not qualified, and helps avoid stacks of unqualified submissions.
  • Define the project’s location, scope, the construction cost range, estimated design start date, and performance period. Ensure that the announcement requires submission of both Standard Forms (SF) 254 and 255.
  • Identify the construction delivery strategy to be used for the project, i.e. design-build, design-bid-build, fast-track, or other appropriate methods.
  • Specify that the closing date is close of business (COB) on the 30th day following publication of the CBD announcement. If the closing day falls on a holiday or a weekend, note that the closing will be extended to (a pre-determined time on) the next business day.
  • Identify the AF PM as the point of contact in the synopsis and the Contracting Officer as the recipient of the SFs 254 and 255 submittals unless the Contracting Officer delegates that responsibility to the AF PM.

When advertising for A-E services in the CBD, include a sentence in the requirements that the A-E will be required to have multi-disciplinary, detailed cost estimating capability. Few A-Es have such capability and will have to retain appropriate consultants.

Additional evaluation factors can be inserted into the synopsis selection criteria by the AF PM. These may be specific computer-aided drafting and design (CADD), geographic information system (GIS), word processing, or other technical requirements. Check with the BCE staff to determine if these specific technical requirements apply.

List all primary and secondary A-E evaluation criteria. The published order of the criteria in the CBD determines the relative importance of evaluation criteria that must be used by the selection board(s). DFARS 236.602-1 requires primary factors to carry greater significance and weighting than secondary factors. Additional factors that address the determination of the most highly qualified firm must rank above all secondary factors.

Primary evaluation criteria are mandatory per FAR 23.401 and FAR 36.602-1, and include:

  • Professional qualifications necessary for satisfactory performance of required services;
  • Specialized experience and technical competence in the type of work required, including, where appropriate, experience in energy conservation, pollution prevention, waste reduction, and the use of recovered materials;
  • Capacity to accomplish the work in the required time; and
  • Past performance on contracts with Government agencies and private industry in terms of cost control, quality of work, and compliance with performance schedules.

The secondary evaluation criteria include:

  • Location in the general geographical area of the project and knowledge of the locality of the project provided application of this criterion leaves an appropriate number of qualified firms given the nature and size of the project. Designation of a specific geographic area, or distances from the project location, requires approval of the Contracting Officer for inclusion. The AF PM may delete location as a selection factor for IDIQ contracts involving work at various locations;
  • Acceptability under other appropriate evaluation criteria including intent of the Government to equitably distribute projects among qualified firms;
  • Volume of work awarded to the firm by DoD during the past 12 months. This factor is mandatory per DFARS 236.602-1 that states, “The primary factor in A-E selection is the determination of the most highly qualified firm. Also consider secondary factors such as geographic proximity and equitable distribution of work, but do not attribute greater significance to the secondary factors than to qualifications and past performance. Do not reject the overall most highly qualified firm solely in the interest of equitable distribution of contracts.” The synopsis should request that the A-E provide this data under Section 10 of their SF 255; and
  • Additional evaluation factors can be added to the selection criteria by the AF PM. These may be specific CADD, GIS, word processing, or other technical requirements. Check with the BCE staff to determine if these specific technical requirements are required.

See AFI 32-1023, Chapter 3, and MILCON COACH for additional information.

The AF PM sends the completed synopsis to the Contracting Officer for review and transmittal to the CBD. After issuing the synopsis, the Contracting Officer schedules the required meetings and notifies the Civil Engineering personnel of the established times. This will enable the members of the evaluation team to plan time for the meeting and to avoid scheduling conflicts. It is also important to use a private, secure meeting place.

  • Title I Services: Services related to a specific construction project and consisting of field surveys and investigations to obtain design data and the preparation contract plans, specifications, and cost estimates.
  • Title II Services: Services related to specific construction projects and consisting of construction supervision and inspection of construction.
  • Other A-E Services: Design and construction related services, but not connected with a specific construction project. The services consist of developing design criteria, fact finding studies, surveys, investigations, and the performance of environmental projects involving prevention, compliance, and restoration when the services of registered architects or engineers are required. Excluded are services that need not be performed by a registered engineer or architect such as providing design and construction equipment or computer programs.

FAR Part 36.601-4(a) gives the following definitions of architect-engineering services: