Where did I leave my FAR copy

Hi All, Thanks for the added information related to this post and sorry for the delayed response. EOFY...you know how it goes... The primary steps our team were considering bypassing were those steps required by FAR 36.602-1 and 36.602-3 requiring discussions be had with 3 firms. Going the sole source single award 8(a) IDIQ seemed to put us in a position where we could not meet the requirements of FAR 36.101(b), which states: "When a requirement in this part is inconsistent with a requirement in another part of this regulation, this part 36 shall take precedence if the acquisition of construction or architect-engineer services is involved." I am of the opinion the contemplated path forward is permissible, as statutory requirements and flexibilities related to SBA 8(a) program and the Brooks Act would be met, these requirements and flexibilities would take priority over the above noted regulatory references, and the action could be harmoniously completed under both the Small Business Act 15 U.S. Code § 637 and Selections of Architects and Engineers (Brooks Act) 40 U.S.C. Chapter 11. In reviewing the FAR, I was treating the (FAR 36) regulations as equivalent to statute. I appreciate your assistance in gathering more information to help support our team's decision making, as this project will require buy-off from other parties and the validity of this path needs to be documented. Thanks again all for your thoughts! Best, OP

Hi Everyone, Thanks so much for the quick feedback related to this question! To clarify, this is for a contemplated National Park Service acquisition under DOI and NPS guidance. The guidance therefrom seems lacking compared to USACE or NASA. The idea of pursuing a sole source single award AE IDIQ was in part motivated by potentially minimizing the acquisition steps that would require communications with multiple industry parties and documentation of those communications. The USACE EP 715-1-7 provided by Joel notes on page 3-14: c. Contracting with the Small Business Administration (FAR 19.8). A-E services may be procured through the SBA's 8(a) Business Development Program. USACE may request the names of 8(a) firms from SBA or recommend qualified 8(a) firms to SBA for approval. A sufficient number of qualified 8(a) firms must be considered such that at least three firms are deemed most highly qualified to provide the required services in order to comply with the Brooks A-E Act. Firms present their qualifications using SF 330. The qualifications of 8(a) firms will be reviewed and documented by USACE in accordance with FAR 36.602. EP 715-1-7 also notes on page J-3: A-E procurements reserved for the 8(a) program must utilize the selection procedures outlined in the Brooks A-E Act, including public announcement, technical evaluations, ranking of firms, and holding discussions with the three most highly qualified firms. The Contracting Officer must have a reasonable expectation of receiving a sufficient number of responses from 8(a) firms to proceed with an 8(a) procurement. Slide 6 of the NASA presentation found via link above suggests a particular firm can be selected but does not offer references permitting this path: b) The SBA identifies a specific requirement for a particular 8(a) firm or firms and asks the agency contracting activity to offer the acquisition to the 8(a) Program for the firm(s). (c) Agencies may also review other proposed acquisitions for the purpose of identifying requirements which may be offered to the SBA. Where agencies independently, or through the self-marketing efforts of an 8(a) firm, identify a requirement for the 8(a) Program, they may offer on behalf of a specific 8(a) firm, for the 8(a) Program in general, or for 8(a) competition I'm not really seeing a straightforward path to utilize the approach described by my original prompt without tailoring some steps we were hoping to bypass. Thanks again all!

Is it permissible to award an 8(a) sole source single award AE IDIQ? FAR 36.101 appears to prevent such a contemplated award, as requirements exist within FAR Subpart 36.6 that may be challenging to meet under such an acquisition type. A Few Relevant References (Specific Areas of Interest Included as Blue Font): Subpart 36.1 - General 36.101 Applicability. (a) Construction and architect-engineer contracts are subject to the requirements in other parts of this regulation, which shall be followed when applicable. (b) When a requirement in this part is inconsistent with a requirement in another part of this regulation, this part 36 shall take precedence if the acquisition of construction or architect-engineer services is involved. 36.602 Selection of firms for architect-engineer contracts. 36.602-1 Selection criteria. (c) Hold discussions with at least three of the most highly qualified firms regarding concepts, the relative utility of alternative methods and feasible ways to prescribe the use of recovered materials and achieve waste reduction and energy-efficiency in facility design (see part 23). 36.602-3 Evaluation board functions. (c) Hold discussions with at least three of the most highly qualified firms regarding concepts and the relative utility of alternative methods of furnishing the required services. Your thoughts are most appreciated!