40 U.S.C. § 1104 — Negotiation of contract
submitted 24 years ago by Pub. L. 107-217 to r/title-40-PUBLIC-BUILDINGS-PROPERTY-AND-WORKS · 175 words · no verdicts yet
The agency head must negotiate a fair and reasonable contract for architectural and engineering services. The agency must first negotiate with the most qualified selected firm and move through the firms in order if negotiations fail.
(a) The agency head* must negotiate an architectural and engineering services* contract at compensation the agency head decides is fair and reasonable to the Federal Government. The agency head must consider the services' scope, complexity, professional nature, and estimated value.
(b) The agency head must first try to negotiate with the most highly qualified firm selected under section 1103 of this title. If negotiations do not produce a satisfactory contract, the agency head must formally end them and negotiate with the next most qualified selected firm. The agency head must continue this process until reaching an agreement. If none of the selected firms can produce a satisfactory contract, the agency head must select more firms in order of competence and qualifications and continue negotiating under this section until reaching an agreement.
The agency head* shall negotiate a contract for architectural and engineering services* at compensation which the agency head determines is fair and reasonable to the Federal Government. In determining fair and reasonable compensation, the agency head shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered.
The agency head shall attempt to negotiate a contract, as provided in subsection (a), with the most highly qualified firm selected under section 1103 of this title. If the agency head is unable to negotiate a satisfactory contract with the firm, the agency head shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.
Source credit: (Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.)
- 2002Enacted · Pub. L. 107-217 · 116 Stat. 1130
A history note hasn’t been published yet. The record shows enactment by Pub. L. 107-217 on 2002-08-21.
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