architect-engineer contracting in usace - Official Publications of

222 Pages·2012·0.92 MB·English

EP 715-1-7
29 February 2012

ARCHITECT-ENGINEER
CONTRACTING IN USACE

Approved for public release. Distribution is unlimited.

DEPARTMENT OF THE ARMY EP 715-1-7
CECW-CE U.S. Army Corps of Engineers
CEPR-P Washington, DC 20314-1000

Pamphlet
No. 715-1-7 29 February 2012

Procurement
ARCHITECT-ENGINEER CONTRACTING IN USACE

1. Purpose.

a. This pamphlet provides guidance and procedures for contracting for architect-engineer
(A-E) services in accordance with the Brooks Architect-Engineer Act and the acquisition
regulations referenced below. The guidance and procedures in this pamphlet promote fair,
efficient and consistent A-E contracting practices throughout the U.S. Army Corps of Engineers
(USACE).

b. Compliance with this pamphlet is required by Engineer Federal Acquisition Regulation
Supplement (UAI/EFARS) 36.601-3 (S-101) and its successor policies. Adherence to the
guidance and procedures in this EP will help ensure compliance with the acquisition regulations,
and any variations from the guidance and procedures in this EP must be documented in the
contract file (provided the variations do not violate the acquisition regulations).

c. This pamphlet provides A-E contracting guidance and procedures for implementing key
portions of the overall acquisition regulations. However, this EP is not intended to cover all
aspects of the A-E contracting process and should not be used as a substitute for the current
acquisition regulations (the FAR system) which provide procurement policy. If a conflict arises
between this pamphlet and the acquisition regulations, the acquisition regulations govern.

2. Applicability. This pamphlet applies to all USACE commands authorized to procure A-E
services, and to all USACE programs.

3. Distribution Statement. Approved for public release. Distribution is unlimited.

4. References.

a. Brooks Architect-Engineer Act; Public Law 92-582, as amended; 40 United States Code
(U.S.C.) 1101-1104 (Appendix A).

b. Federal Acquisition Regulation (FAR), and the Defense (DFARS), Army (AFARS) and
Corps of Engineers (EFARS) supplements.

c. Army Regulation (AR) 25-55, the Department of the Army Freedom of Information Act
Program.

_____________________________________
This EP supersedes EP 715-1-7 dated 22 May 2007
EP 715-1-7
29 Feb 12
d. AR 215-4, Nonappropriated Fund Contracting.
e. Engineer Regulation (ER) 5-1-11, U.S. Army Corps of Engineers Business Process.
f. ER 1105-2-100, Planning Guidance Notebook.
g. ER 1110-1-12, Engineering and Design Quality Management.
h. ER 1110-1-8152, Professional Registration.
1. ER 1180-1-9, Design-Build Contracting.
j. Engineer Pamphlet (EP) 715-1-4, Architect-Engineer Contracts: Competing for Architect
Engineer Contracts Awarded by the US Army Corps of Engineers.
k. Engineer Manual (EM) 1110-1-1000, Photogrammetric Mapping.
5. Acronyms. Appendix B contains a list of acronyms used in this pamphlet.
6. This version is a reissuance ofEP 715-1-7 and supercedes previous version dated 22 May
2007.
FOR THE COMMANDER:
32 Appendices
(See Table of Contents) olonel, Corps of Engineers
Chief of Staff
2
DEPARTMENT OF THE ARMY EP 715-1-7
CECW-CE U.S. Army Corps of Engineers
CEPR-P Washington, DC 20314-1000

Pamphlet
No. 715-1-7 29 February 2012

Procurement
ARCHITECT-ENGINEER CONTRACTING IN USACE

TABLE OF CONTENTS

Paragraph Page
CHAPTER 1. INTRODUCTION

Scope 1-1 1-1
Background 1-2 1-1
Responsibilities 1-3 1-1
Training 1-4 1-2
Internet Addresses 1-5 1-2

CHAPTER 2. ACQUISITION PLANNING

Principles 2-1 2-1
Responsibilities 2-2 2-1
Definition of A-E Services 2-3 2-1
North American Industry Classification System 2-4 2-2
(NAICS)
General Considerations 2-5 2-2
Small Business Considerations 2-6 2-2
Acquisition Planning and Acquisition Strategy 2-7 2-3
for A-E Contracts
Contract Types 2-8 2-4
Selection of Contract Type 2-9 2-5
A-E Contracting Process 2-10 2-6
A-E Time Standards 2-11 2-6
Streamlining Techniques 2-12 2-7
Use of Other Agency Contracts 2-13 2-7
Proper A-E Procedures 2-14 2-7

CHAPTER 3. ANNOUNCEMENT AND SELECTION

Principles 3-1 3-1
General 3-2 3-1
Responsibilities 3-3 3-1
i
EP 715-1-7
29 Feb 12

TABLE OF CONTENTS (Continued)

CHAPTER 3. ANNOUNCEMENT AND SELECTION Paragraph Page

Public Announcement 3-4 3-2
ACASS 3-5 3-4
Board Membership 3-6 3-4
A-E Selection Criteria 3-7 3-5
General Procedures for Evaluation Boards 3-8 3-8
Preselection Board 3-9 3-9
Selection Board 3-10 3-10
Approval of Selections 3-11 3-11
Notifications 3-12 3-12
Debriefings 3-13 3-12
Disposition of SFs 330 3-14 3-12
Special Cases 3-15 3-13
EP 715-1-4 3-16 3-14

CHAPTER 4. NEGOTIATION AND AWARD

Principles 4-1 4-1
Responsibilities 4-2 4-1
Regulatory Basis 4-3 4-1
Negotiation Team 4-4 4-1
Statement of Work 4-5 4-2
Request for Price Proposal 4-6 4-2
Preproposal Conference 4-7 4-3
Partnering 4-8 4-4
Service Contract Act 4-9 4-4
Independent Government Estimate 4-10 4-4
Fact-Finding Sessions 4-11 4-4
Proposal Analysis and Prenegotiation Objectives 4-12 4-5
Negotiation of FFP Contracts 4-13 4-6
Negotiation of IDC Contracts 4-14 4-8
Subcontracting Plan 4-15 4-10
Price Negotiation Memorandum 4-16 4-10
Preaward Survey 4-17 4-10
Contract Preparation and Award 4-18 4-10
Task Order Issuance 4-19 4-11
NAF Contracts 4-20 4-11
Continuing Contracts Clauses 4-21 4-11

CHAPTER 5. CONTRACT ADMINISTRATION AND MANAGEMENT

Introduction 5-1 5-1
Principles 5-2 5-1
ii
EP 715-1-7
29 Feb 12

TABLE OF CONTENTS (Continued)

CHAPTER 5. CONTRACT ADMINISTRATION AND Paragraph Page
MANAGEMENT

General 5-3 5-1
Contracting Officer’s Representative 5-4 5-1
Quality Management 5-5 5-3
Indefinite Delivery Contracts (IDC) 5-6 5-3
Payments 5-7 5-4
Subcontract Reporting 5-8 5-5
Resolving Performance Problems 5-9 5-5
Contract Closeout 5-10 5-7

CHAPTER 6. A-E CONTRACTOR PERFORMANCE EVALUATION

Principles 6-1 6-1
Responsibilities 6-2 6-1
Regulatory Background 6-3 6-2
General Procedures 6-4 6-3
Monitoring Performance 6-5 6-7
Interim Evaluations 6-6 6-7
Evaluation of A-E Performance after Completion 6-7 6-8
of Design or Engineering Services
Evaluation of A-E Performance after 6-8 6-9
Substantial Physical Completion
of Construction
Approval, Distribution and Revision 6-9 6-10
of Evaluations
Marginal and Unsatisfactory Performance 6-10 6-11

CHAPTER 7. A-E RESPONSIBILITY MANAGEMENT PROGRAM

Introduction 7-1 7-1
Principles 7-2 7-1
Responsibilities 7-3 7-2
Legal and Regulatory Background 7-4 7-2
Implementation 7-5 7-4
Funding 7-6 7-5
Notification, Investigation and Recovery 7-7 7-6
Procedures
A-E Performance Evaluation and Contract 7-8 7-10
Closeout
Reporting 7-9 7-11

iii
EP 715-1-7
29 Feb 12

TABLE OF CONTENTS (Continued)

Page
APPENDICES

APPENDIX A Brooks Architect-Engineer Act A-1

APPENDIX B Acronyms B-1

APPENDIX C A-E Contracting Program Checklist C-1

APPENDIX D A-E Contract Checklist D-1

APPENDIX E A-E Task Order Checklist E-1

APPENDIX F Internet Addresses for A-E Contracting F-1

APPENDIX G Classification of Contracts as A-E Services G-1

APPENDIX H Environmental Services H-1

APPENDIX I Surveying, Mapping and Geospatial Services I-1

APPENDIX J Small Business Program J-1

APPENDIX K A-E Contracting Process K-1

APPENDIX L Typical Durations for A-E Contracting L-1
Activities

APPENDIX M Streamlining Techniques for A-E Contracts M-1
and Task Orders

APPENDIX N A-E Acquisition Planning N-1

APPENDIX O Standard Synopsis Format for A-E Services O-1

APPENDIX P Example Synopsis for Firm-Fixed-Price P-1
Contract

APPENDIX Q Example Synopsis for Indefinite-Delivery Q-1
Contract

APPENDIX R A-E Contract Administration Support R-1
System (ACASS)
iv
EP 715-1-7
29 Feb 12

TABLE OF CONTENTS (Continued)

Page

APPENDIX S Consideration of Past Performance in S-1
A-E Selections

APPENDIX T Example Preselection Board Report T-1

APPENDIX U Example Selection Board Report U-1

APPENDIX V Advance Selection Process V-1

APPENDIX W Example Statement of Work W-1

APPENDIX X Request for Price Proposal Instructions X-1

APPENDIX Y Independent Government Estimates Y-1

APPENDIX Z A-E Cost Information Z-1

APPENDIX AA A-E Price Proposal Analysis AA-1

APPENDIX BB Instructions for DD Form 2631 (ACASS) BB-1

APPENDIX CC A-E Liability Action Flowchart CC-1

APPENDIX DD Determination of A-E Liability Damages DD-1

APPENDIX EE A-E Liability Collection, Settlement and EE-1
Reports

APPENDIX FF Nondisclosure Certification for
Source Selection Participation FF-1

LIST OF FIGURES

FIGURE EE-1 ENG FORM 4858-R, Annual AERMP Report EE-4

FIGURE EE-2 ENG FORM 4858A-R, Quarterly A-E Liability EE-6
Case Report

v