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Subpart 5136.2 – Special Aspects of Contracting for Construction

5136.201 Evaluation of contractor performance.

(1) See 5142.1502-90 for the requirements to prepare contractor past performance evaluations on construction contracts.

(2) At a minimum, prepare the report (DD Form 2626, Performance Evaluation (Construction)) at the final acceptance of work. The contracting officer’s representative, or ordering officer if there is no contracting officer’s representative, must be responsible for monitoring contract performance.

5136.2-90 – Special procedures for job order contracts.

Before awarding a job order contract, contracting officers must review all performance evaluations in the Past Performance Information Retrieval System on those offerors in range for award. Contracting officers may rely solely on the Past Performance Information Retrieval System database information in assessing past performance.

5136.209 Construction contracts with architect-engineer firms.

Subject to the resolution of organizational conflict of interest concerns, the head of the contracting activity may approve award of a construction contract to the firm that designed the project. This authority may not be further delegated below the level of the principal assistant responsible for contracting.

Subpart 5136.6 – Architect-Engineer Services

5136.601 Policy.

5136.601-90 Authority for architect-engineer contracting.

(a) Army contracting activities, and subordinate offices, authorized to contract for architect-engineer services are as follows:

(1) The U.S. Army Corps of Engineers (USACE).

(2) The National Guard Bureau (NGB).

(3) The U.S. Army Mission and Installation Contracting Command, Enterprise and Installation Operations.

(4) The U.S. Expeditionary Contracting Command, 414th Contracting Support Brigade, Vicenza, Italy, for architect-engineer services for operations and maintenance appropriations and Army Family Housing (Operations) funded projects.

(b) Other Army contracting activities, as mutually agreed with the USACE, may execute task orders for architect-engineer services, under USACE indefinite-delivery contracts. The installation contracting officer and facilities engineering personnel must comply with the instructions of the USACE contracting officer regarding the negotiation, issuance, and administration of task orders.

5136.601-3 Applicable contracting procedures.

5136.601-3-90 Limitations.

Headquarters, USACE, and Headquarters, NGB, must establish appropriate controls on the use of indefinite-delivery contracts for architect-engineering services by subordinate contracting offices.

5136.602 Selection of firms for architect-engineer contracts.

5136.602-1 Selection criteria.

(b) The Assistant Secretary of the Army (Acquisition, Logistics and Technology) (ASA(ALT)) has delegated heads of contracting activities (HCAs) authority to approve design competition. This authority is delegable not below the level of the chief of the contracting office (CCO).

5136.602-4 Selection authority.

(a) The ASA(ALT) has delegated to the HCA authority to make the final selection decision in accordance with all appropriate source selection guidance. This authority is delegable not below the level of the CCO.

5136.602-5 Short selection process for contracts not to exceed the simplified acquisition threshold.

The USACE and the NGB may use both short processes.

(b)(2) The ASA(ALT) has delegated the HCA authority to approve the selection report or return it to the chairperson for appropriate revision. This authority is delegable not below the level of the CCO.

5136.604 Performance evaluation.

See 5142.1502-90 for the requirements to prepare contractor past performance evaluations on architect-engineer contracts.

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