
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 40USC544]

 
             TITLE 40--PUBLIC BUILDINGS, PROPERTY, AND WORKS
 
       CHAPTER 10--MANAGEMENT AND DISPOSAL OF GOVERNMENT PROPERTY
 
          SUBCHAPTER VI--SELECTION OF ARCHITECTS AND ENGINEERS
 
Sec. 544. Negotiation of contracts for architectural and 
        engineering services
        

(a) Negotiation with highest qualified firm

    The agency head shall negotiate a contract with the highest 
qualified firm for architectural and engineering services at 
compensation which the agency head determines is fair and reasonable to 
the Government. In making such determination, the agency head shall take 
into account the estimated value of the services to be rendered, the 
scope, complexity, and professional nature thereof.

(b) Negotiation with second and third, etc., most qualified firms

    Should the agency head be unable to negotiate a satisfactory 
contract with the firm considered to be the most qualified, at a price 
he determines to be fair and reasonable to the Government, negotiations 
with that firm should be formally terminated. The agency head should 
then undertake negotiations with the second most qualified firm. Failing 
accord with the second most qualified firm, the agency head should 
terminate negotiations. The agency head should then undertake 
negotiations with the third most qualified firm.

(c) Selection of additional firms in event of failure of negotiation 
        with selected firms

    Should the agency head be unable to negotiate a satisfactory 
contract with any of the selected firms, he shall select additional 
firms in order of their competence and qualification and continue 
negotiations in accordance with this section until an agreement is 
reached.

(June 30, 1949, ch. 288, title IX, Sec. 904, as added Pub. L. 92-582, 
Oct. 27, 1972, 86 Stat. 1279.)
