Overview
This section prescribes the procedures and limitations for disclosing information regarding the selection of Architect-Engineer (A-E) firms and establishes the framework for conducting debriefings for both successful and unsuccessful firms.
Key Rules
- Timing of Disclosure: Information regarding the selection may only be released after the final selection has been officially made.
- Scope of Initial Release: Before a contract is awarded, the Contracting Officer (CO) may only identify the specific firm with which the government will negotiate.
- Description of Work: Project descriptions in any release must be restricted to general terms unless the information is classified.
- Negotiation Failures: If negotiations with the highest-rated firm are terminated, the CO is permitted to release that information and identify the next firm with which negotiations will begin.
- Debriefing Procedures: Debriefings must be conducted in accordance with FAR Part 15 (Source Selection) standards, with the specific exception of FAR 15.506(d)(2) through (d)(5), which do not apply to A-E contracts.
Practical Implications
- Confidentiality in Negotiations: This section protects the integrity of the Brooks Act "qualifications-based selection" process by ensuring only one firm is publicly recognized as the negotiation lead at any given time.
- Streamlined Debriefings: Because A-E selections are based on qualifications rather than cost or technical proposal trade-offs, the debriefing excludes requirements to provide point-by-point comparisons or rankings of other offerors' technical/cost elements.