---
kind: "range"
citation: "40 U.S.C. §§ 1101–1104"
title: "40"
from: "1101"
to: "1104"
count: 4
release: "119-102"
url: "https://uscodex.org/usc/40/1101..1104"
---

# §1101. Policy


The policy of the Federal Government is to publicly announce all requirements for [architectural and engineering services](/usc/40/1102.md?p=2) and to negotiate contracts for [architectural and engineering services](/usc/40/1102.md?p=2) on the basis of demonstrated competence and qualification for the type of professional services required and at fair and reasonable prices.


# §1102. Definitions


In this chapter, the following definitions apply:

- (1) **Agency head.—** The term “agency head” means the head of a department, agency, or bureau of the Federal Government.
- (2) **Architectural and engineering services.—** The term “architectural and engineering services” means—
  - (A) professional services of an architectural or engineering nature, as defined by state law, if applicable, that are required to be performed or approved by a person licensed, registered, or certified to provide the services described in this paragraph;
  - (B) professional services of an architectural or engineering nature performed by contract that are associated with research, planning, development, design, construction, alteration, or repair of real [property](/usc/40/102.md?p=9); and
  - (C) other professional services of an architectural or engineering nature, or incidental services, which members of the architectural and engineering professions (and individuals in their employ) may logically or justifiably perform, including studies, investigations, surveying and mapping, tests, evaluations, consultations, comprehensive planning, program management, conceptual designs, plans and specifications, value engineering, construction phase services, soils engineering, drawing reviews, preparation of operating and maintenance manuals, and other related services.
- (3) **Firm.—** The term “firm” means an individual, firm, partnership, corporation, association, or other legal entity permitted by law to practice the profession of architecture or engineering.

# §1103. Selection procedure

- (a) **In General.—** These procedures apply to the procurement of [architectural and engineering services](/usc/40/1102.md?p=2) by an [agency head](/usc/40/1102.md?p=1).
- (b) **Annual Statements.—** The [agency head](/usc/40/1102.md?p=1) shall encourage [firms](/usc/40/1102.md?p=3) to submit annually a statement of qualifications and performance data.
- (c) **Evaluation.—** For each proposed project, the [agency head](/usc/40/1102.md?p=1) shall evaluate current statements of qualifications and performance data on file with the agency, together with statements submitted by other [firms](/usc/40/1102.md?p=3) regarding the proposed project. The [agency head](/usc/40/1102.md?p=1) shall conduct discussions with at least 3 [firms](/usc/40/1102.md?p=3) to consider anticipated concepts and compare alternative methods for furnishing services.
- (d) **Selection.—** From the [firms](/usc/40/1102.md?p=3) with which discussions have been conducted, the [agency head](/usc/40/1102.md?p=1) shall select, in order of preference, at least 3 [firms](/usc/40/1102.md?p=3) that the [agency head](/usc/40/1102.md?p=1) considers most highly qualified to provide the services required. Selection shall be based on criteria established and published by the [agency head](/usc/40/1102.md?p=1).

# §1104. Negotiation of contract

- (a) **In General.—** The [agency head](/usc/40/1102.md?p=1) shall negotiate a contract for [architectural and engineering services](/usc/40/1102.md?p=2) at compensation which the [agency head](/usc/40/1102.md?p=1) determines is fair and reasonable to the Federal Government. In determining fair and reasonable compensation, the [agency head](/usc/40/1102.md?p=1) shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered.
- (b) **Order of Negotiation.—** The [agency head](/usc/40/1102.md?p=1) shall attempt to negotiate a contract, as provided in [subsection (a)](#a), with the most highly qualified [firm](/usc/40/1102.md?p=3) selected under [section 1103 of this title](/usc/40/1103.md). If the [agency head](/usc/40/1102.md?p=1) is unable to negotiate a satisfactory contract with the [firm](/usc/40/1102.md?p=3), the [agency head](/usc/40/1102.md?p=1) shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected [firms](/usc/40/1102.md?p=3), continuing the process until an agreement is reached. If the [agency head](/usc/40/1102.md?p=1) is unable to negotiate a satisfactory contract with any of the selected [firms](/usc/40/1102.md?p=3), the [agency head](/usc/40/1102.md?p=1) shall select additional [firms](/usc/40/1102.md?p=3) in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.