Overview
This section establishes a general prohibition against awarding a construction contract to the same firm, or its affiliates, that performed the architectural and engineering design services for the project.
Key Rules
- Prohibition on Dual Roles: The firm responsible for the design of a project is ineligible for the award of the construction contract for that same project.
- Entity Scope: The restriction extends beyond the primary design firm to include its subsidiaries and any affiliated organizations.
- Approval for Exceptions: An award to the design firm is only permitted if it is approved by the head of the agency or their authorized representative.
Practical Implications
- This rule serves as a safeguard against organizational conflicts of interest, ensuring that the firm overseeing the design does not create biased specifications to favor its own construction services.
- Firms must strategically decide whether to pursue the initial design contract or the subsequent (and often more lucrative) construction contract, as they are generally barred from performing both.