Overview
Subpart 36.7 prescribes the specific Standard Forms (SF) and Optional Forms (OF) required for the procurement of construction, architect-engineer (A-E) services, and the dismantling or demolition of improvements. It ensures administrative uniformity across federal agencies by mandating specific documents for solicitations, contract awards, and the evaluation of professional qualifications.
Key Rules
- Standard Form (SF) 1442: This is the mandatory form for soliciting and awarding construction or demolition contracts exceeding the Simplified Acquisition Threshold (SAT). It may be used for requirements at or below the SAT at the Contracting Officer's discretion.
- Offer Acceptance Periods: In sealed bidding or when a noncancellable offer is required, the Contracting Officer must explicitly state the required number of days for offer acceptance in Block 13D of the SF 1442.
- Optional Form (OF) 347: This form is permitted for construction or demolition contracts only if the value is at or below the SAT and the required Part 36 clauses are included.
- SF 252 (Architect-Engineer Contract): This form is mandatory for awarding fixed-price A-E contracts for services performed within the United States or its outlying areas.
- SF 330 (A-E Qualifications): This is the standard for evaluating A-E firms.
- Part I (Contract-Specific): Mandatory for requirements > SAT; optional for those ≤ SAT.
- Part II (General Qualifications): Used to obtain a firm's general professional profile.
- Abstract of Offers: OF 1419 and 1419A (or automated equivalents) are used to record and compare offers for both sealed bid and negotiated solicitations.
Responsibilities
- Contracting Officers (COs):
- Selecting the appropriate form based on the contract type and dollar threshold (above or below the SAT).
- Ensuring that the mandatory offer acceptance period is filled in on the SF 1442.
- Verifying that all required construction clauses from Subpart 36.5 are included when using simplified forms like OF 347.
- Utilizing the SF 330 to conduct qualification-based evaluations of A-E firms.
- Architect-Engineer Firms: Responsible for maintaining and submitting SF 330 Part II to agencies and completing Part I for specific contract opportunities.
- Construction Contractors: Responsible for submitting offers and acknowledging the government's required acceptance period via the SF 1442.
Practical Implications
- Standardization for Bidders: Contractors can expect a consistent "look and feel" for construction solicitations across the federal government, reducing the administrative burden of learning different agency-specific templates.
- Simplified Acquisitions: For small-scale projects (below the SAT), the use of OF 347 allows for a faster, less paper-intensive procurement process, provided the CO remains diligent about including necessary legal protections (clauses).
- Qualification-Based Selection (A-E): Since A-E services are not selected based on price competition alone (per the Brooks Act), the SF 330 is the critical "resume" of a firm. Firms must keep these forms updated to remain competitive for federal design work.
- Audit Trail: The use of OF 1419 (Abstract of Offers) provides a transparent, standardized record of all bids received, which is essential for defending against protests and ensuring the integrity of the sealed bidding process.