My agency wants to do a professional services IDIQ for CERCLA environmental services. They anticipate that there may need to be some civil engineering design work needed at times as part of the remediation. They said that they don't need licensed professionals to do the work. In reading the A/E definition in the Government Contracts Reference Book, I could lean A/E. The client is insisting that they are not A/E services under the Brooks Act. I am not sold.
ARCHITECT-ENGINEER (A-E) SERVICES Official- (I) 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
those services; (2) Professional services of an architectural or engineering nature that are
associated with research, planning, development, design, construction, alteration, or repair
of real property; and (3) Those other professional services of an architectural or engineering
nature, or incidental services, that members of the architectural or 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. Source: FAR 2.10 l. If these
services are acquired under a separate contract, the procedures set forth in the BROOKS ACT
(ARCHITECT-ENGINEER PROCUREMENT) must be followed. See FAR Subpart 36.6.
However, such services can also be acquired as part of a DESIGN-BUILD contract. DFARS
Subpart 236.6 provides guidance for procuring A-E services in military CONSTRUCTION.
See Ness & Medill-Jones, A-E Government Contracts, CoNSTR. BRIEFINGS No. 88-11 (Oct.
1988). See also ARCHITECT-ENGINEER CONTRACT.
Is it A/E or SCA Professional Services?
In the above definition under (I); can anyone clarify as “defined by State law, if applicable” what this means. It was always my understanding that the state doesn’t have any jurisdiction over federal projects conducted on federal lands. Thoughts? By the way, the project is located in California.