48 Federal Acquisition Regulations System 6 1999-10-01 1999-10-01 false SPECIAL CATEGORIES OF CONTRACTING F SUBCHAPTER F Federal Acquisition Regulations System SUBCHAPTER F—SPECIAL CATEGORIES OF CONTRACTING Pt. 2436 PART 2436—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS Subpart 2436.6—Architect-Engineer Services Sec. 2436.602 Selection of firms for architect-engineer contracts. 2436.602-2 Evaluation boards. 2436.602-4 Selection authority. 2436.602-5 Short selection processes for contracts not to exceed the small purchase limitation. Authority:

40 U.S.C. 486(c); 42 U.S.C. 3535(d).

 Source:

49 FR 7708, Mar. 1, 1984, unless otherwise noted.

Subpart 2436.6—Architect-Engineer Services
2436.602 Selection of firms for architect-engineer contracts.
2436.602-2 Evaluation boards.

(a) Each architect-engineer evaluation board, whether permanent or ad hoc (which may include preselection boards), shall consist of at least three voting members who are Federal employees from the appropriate program area or from Federal offices outside the program area as appropriate. One member of each board shall be appointed chairperson. Non-voting advisors may also be appointed, including private practitioners in architecture, engineering and related professions. The members of a permanent board shall be appointed for a period of two years. Appointment shall be made by the following authorities with copies of appointment memoranda furnished to the appropriate contracting activity:

(1) Assistant Secretary or equivalent for boards appointed at the Headquarters level;

(2) The cognizant program office head within the State or Area Office for boards appointed at the field level.

(c) Conflict of interest. Each board member, whether voting or nonvoting, shall be advised of, and presumed to be familiar with the regulations at 24 CFR Part 0, Standards of Conduct, regarding conflicts of interest. If at any time during the selection process a board member encounters a situation with one or more of the firms being considered that might be or might appear to be a conflict of interest, he or she will disqualify him or herself and call it to the attention of the chairperson for resolution and proper action. The chairperson will refer the matter to legal counsel.

(d) Confidentiality. The evaluation board is to be insulated from outside pressures, to the extent practical. No person having knowledge of the activities of the board shall divulge information concerning the deliberations of the board to any other persons not having a need to know such information.

[49 FR 7708, Mar. 1, 1984, as amended at 57 FR 59790, Dec. 15, 1992; 60 FR 46157, Sept. 5, 1995]
2436.602-4 Selection authority.

(a) The final selection decision shall be made by the appropriate Primary Organization Head (Headquarters) or the appropriate program office head at the cognizant State or Area Office (Field).

[60 FR 46158, Sept. 5, 1995]
2436.602-5 Short selection processes for contracts not to exceed the small purchase limitation.

The short selection process described in FAR 36.602-5(a) is authorized for use for contracts not expected to exceed the simplified acquisition threshold.

[49 FR 7708, Mar. 1, 1984; 49 FR 10930, Mar. 23, 1984, as amended at 57 FR 59791, Dec. 15, 1992; 64 FR 46098, Aug. 23, 1999]
Pt. 2437 PART 2437—SERVICE CONTRACTING Subpart 2437.1—Service Contracts—General Sec. 2437.110 Solicitation provisions and contract clauses. D>Subpart 2437.2—Advisory and Assistance Services [Reserved] Authority:

40 U.S.C. 486(c); 42 U.S.C. 3535(d).

 Subpart 2437.1—Service Contracts—General
2437.110 Solicitation provisions and contract clauses.

(a) The Contracting Officer shall insert the clause at 2452.237-70, Key Personnel, in solicitations and contracts when it is necessary for contract performance to identify Contractor Key personnel.

(b) The Contracting Officer shall insert the clause at 2452.237-71, Reproduction of Reports, in solicitations and contracts where the Contractor is required to produce, as an end product, publications or other written materials.

(c) The Contracting Officer shall insert the clause at 2452.237-72, Coordination of Data Collection Activities, in solicitations and contracts where the Contractor is required to collect information from ten or more public respondents.

(d) The Contracting Officer shall insert the clause at 48 CFR 2452.237-73, Conduct of Work and Technical Guidance, in all service contracts other than contracts for commercial services awarded pursuant to FAR Part 12.

(e) The Contracting Officer shall insert the clause at 48 CFR 2452.237-75, Clearance of Contractor Personnel, in solicitations and contracts when contractor personnel will be required to work in and/or will have access to HUD facilities on a routine, ongoing basis and/or at all hours, e.g., performing custodial, building operations, maintenance, or security services. The clause shall be inserted in all solicitations and contracts for building/facility management and operations services. The clause may be used for other types of contracts (e.g., information technology services) when suitable as determined by the Contracting Officer.

(f) The Contracting Officer shall insert the clause at 2452.237-77, Observance of Legal Holidays and Administrative Leave, in all solicitations and contracts where contractor personnel will be working on-site in any HUD office.

[53 FR 46537, Nov. 17, 1988, as amended at 57 FR 59791, Dec. 15, 1992; 61 FR 19472, May 1, 1996; 64 FR 46098, Aug. 23, 1999]
Subpart 2437.2—Advisory and Assistance Services [Reserved] PART 2439—ACQUISITION OF INFORMATION TECHNOLOGY Authority:

40 U.S.C. 486(c); 42 U.S.C. 3535(d).

 Source:

64 FR 46098, Aug. 23, 1999, unless otherwise noted.

2439.107 Contract clauses.

(a) The Contracting Officer shall insert the clause at 48 CFR 2452.239-70, Background Investigations for Sensitive Automated Systems/Applications, in solicitations and contracts that involve work on, or access to, sensitive Departmental automated information systems or applications as they are defined in the clause.