Attachment 1-Questions and Answers 89603024Q0062 dated 7.24.2024.pdf

# Question Received Governments Response RFQ / SOW Section Page #

We would like to know if this is a brand new contract OR if there is (was) an incumbent performing these services.

If not brand new, could you please provide the current / previous contract number? This procurement is a new requirement.

Combined Synopsis/ Solicitation Notice Description

2a

The subject solicitation is for a contractor to “provide risk related engineering services” and is coded “541330 – Engineering Services”. The solicitation is issued as a Request for Quotation (RFQ), and Best Value will be determined using the “Trade-Off” methodology approach.

Question: Is there a new Federal law and corresponding update to the FAR that supersedes the set of Federal laws and regulations within that FAR that require a qualifications-based selection process for selection of contractors to provide engineering services?

I’m asking because, to my awareness, Federal acquisition of engineering services is still required to use a qualifications-based selection process for selection of contractors to provide engineering services. This has been Federal law since the Brooks Act of 1972.

The set of laws requiring this have been updated since, but each time confirmed the requirement that selection of engineering services be based on qualifications (and past performance); price or cost factors are not allowed to be considered in the selection process. “Request for Quotation” and “Best Value” are examples of acquisition processes that are not allowed by Federal Regulation for the acquisition of engineering services.

Subpart 36.6 - Architect-Engineer Services in not applicable. The SOW does not specify performance or approval by a registered or licensed architect or engineer. Reference FAR 36.601-3(c): "If the SOW does not specify such performance or approval, the contracting officer shall follow the procedures in parts 13, 14, or 15." This is a combined synopsis/solicitation for commercial supplies/services prepared in accordance with the format in Subpart 12.6, using Simplified Acquisition Procedures under FAR Section 13.106, as supplemented with additional information included in this notice.

This announcement constitutes the only solicitation; quotes are being requested and a written solicitation (SF1449) will not be issued.

Combined Synopsis/ Solicitation Notice Description

2b

FAR Subpart 36.6 describes the required process for acquiring engineering services, which is a two-step process: (1) First, consideration is made of qualifications (and past performance), and a most highly qualified contractor is selected; (2) Second, after the most highly qualified contractor has been identified and selected, the Agency negotiates with the most highly qualified contractor to determine a fair and reasonable price for the services. If a fair and reasonable price cannot be negotiated with the most highly qualified contractor, then the Agency moves on to the next most highly qualified contractor for negotiation. In step 1, Selection, price cannot be considered as a factor for selection. This qualifications-based process is required for all engineering services (with few exceptions). Processes that include price, such as “Request for Quotation” and “Best Value”, for selection of engineering services would violate Federal law.

See answer to question 2a. Reference Attachment 8-E.5

ADDENDUM TO FAR 52.212-2 EVALUATION – COMMERCIAL

PRODUCTS AND SERVICES, Section E.5.2 EVALUATION CRITERIA:

The Government intends to review quotes consistent with FAR 13.106.

Combined Synopsis/ Solicitation Attachment 7-E.4 ADDENDUM to

FAR 52.212-1 INSTRUCTIONS TO

OFFERORS—COMMERCIAL ITEMS

and Attachment 8-E.5 ADDENDUM

TO FAR 52.212-2 EVALUATION –

COMMERCIAL PRODUCTS AND

SERVICES

2c The FAR (5.201) also requires at least a 30 day response time from the date of publication for engineering services.

Not Applicable. Reference 5.203(a)(2): The CO used the combined synopsis and solicitation procedure (see 12.603). Reference 12.603(c)(3). See answer to question 2a.

Combined Synopsis/ Solicitation Notice Description

I was hoping to learn if this is considered a new requirement? If not, would it possible to get the incumbent contractor, contract number, and value? This procurement is a new requirement.

Combined Synopsis/ Solicitation Notice Description

Attachment 1 - Questions and Answers

RFQ 89603024Q0062

Sheet1