Overview
FAR 36.103 establishes the mandatory procurement methods for construction and architect-engineer (A-E) services, directing contracting officers to use either sealed bidding or negotiation based on the type of requirement and location.
Key Rules
- Construction (Sealed Bidding): Contracting officers must use sealed bid procedures for construction contracts if the criteria in FAR 6.401(a) are met, provided the work is performed within the United States or its outlying areas.
- Architect-Engineer (A-E) Services: These services must be acquired through negotiation rather than sealed bidding.
- A-E Source Selection: The selection of A-E firms must comply with specific statutory requirements (the Brooks Act), FAR Subpart 36.6, and supplemental agency regulations.
Practical Implications
- Contracting officers have limited discretion; they cannot use negotiated "Best Value" trade-offs for domestic construction if the conditions for sealed bidding are present.
- For A-E services, the regulation enforces a qualifications-based selection process where technical competence is evaluated before price is considered.