Unrestricted Architect-Engineering (A-E) Indefinite Delivery/Indefinite Quantity (IDIQ) Multiple Award Task Order Contact (MATOC) to Perform General Engineering and Design Services

DEPARTMENT OF THE ARMY U.S. ARMY CORPS OF ENGINEERS 441 G STREET, NW WASHINGTON, D.C. 20314-1000 CECT-ZA (415-17b-1) 14 April 2021 MEMORANDUM FOR Acquisition Community SUBJECT: Updated Procedures for the Selection of Task Orders on Architect-Engineer Indefinite Delivery Contracts (IDCs) 1. References: a. 40 United States Code, Chapter 11, Selection of Architects and Engineers (Brooks Act). (https://uscode.house.gov/browse.xhtml) b. Federal Acquisition Regulation (FAR) Subpart 16.5, Indefinite-Delivery Contracts. (https://www.acquisition.gov/) c. FAR Subpart 36.6, Architect-Engineer Services. (https://www.acquisition.gov/) d. Engineer Pamphlet (EP) 715-1-7, Architect-Engineer Contracting in USACE, 29 February 2012. (https://www.publications.usace.army.mil/) 2. Purpose: a. The Directors’ Policy Memorandum 2020-02 published 3 March 2020, subject: Procedures for the Selection of Task Orders on Architect-Engineer Indefinite Delivery Contracts (IDC), is rescinded and replaced with the issuance of this memorandum. b. The purpose of this memorandum is to reinforce requirements and specify procedures for the selection of an Architect-Engineer (A-E) contractor under a multiple- award task order contract (MATOC). This memorandum is being issued to ensure compliance with the Brooks Act and FAR requirements. c. This information supplements task order selection processes in the current EP 715-1-7 (2012 edition) (“the EP”) until such time that the EP is updated. To the extent that any interpretation of this memorandum conflicts with the EP, this memorandum will take precedence. To the extent that any interpretation of this memorandum conflicts with the Brooks Act and/or the FAR, the Brooks Act and/or the FAR will take precedence. -- 1 of 10 -- CECT-ZA SUBJECT: Updated Procedures for the Selection of Task Orders on Architect-Engineer Indefinite Delivery Contracts (IDCs) 3. Applicability: This memorandum is applicable to all Headquarters USACE elements, Divisions, Districts, Centers, Laboratories and Field Operating Activities for all A-E Brooks Act selections under IDCs. 4. Definitions: a. Indefinite Delivery Contract (IDC) (also known as an Indefinite Delivery/Indefinite Quantity Contract) – Provides for an indefinite quantity, with stated limits, of supplies or services during a fixed period. The government places orders for individual requirements. See FAR Subpart 16.5. b. Single Award Task Order Contract (SATOC) – A single base contract with a specific scope that is awarded to a single A-E firm under which task orders are issued. c. Multiple Award Task Order Contract (MATOC) – A base contract awarded to a pool of a minimum of three A-E firms issued from a single solicitation. An individual firm is selected from the pool and awarded a task order for each requirement that arises within scope of the base contract. Capacity of the contract is shared among the pool of A-E firms awarded the base contract. 5. Implementation: Procedures specified herein shall apply to all new multiple-award A-E base contracts (and task order selections made under those base contracts) awarded after 3 March 2020. Existing IDCs and those IDCs that have already gone through the selection phase are not affected unless otherwise noted herein. Nevertheless, it is strongly recommended that procedures that would not require a contractual change to existing IDCs be implemented immediately. 6. Base Contracts: a. SATOCs. Districts or Centers may award SATOCs without having to justify why multiple awards are not appropriate (FAR 16.500(d)). As a result, when an A-E SATOC has been properly awarded and no other SATOC awarded by the District or Center includes the same or similar (i.e., overlapping) scope of work, Districts and Centers need not comply with the procedures required for Multiple Award IDCs as outlined below. The selection and award of SATOCs are qualifications-based per the Brooks Act (EP 715-1-7, para 2-8.e). b. MATOCs. The selection and award of task orders under A-E MATOCs must be executed as qualifications-based contract actions, per the Brooks Act (EP 715-1-7, para 2-8.e), following the requirements of FAR 16.500(d) and Subpart 36.6. -- 2 of 10 -- CECT-ZA SUBJECT: Updated Procedures for the Selection of Task Orders on Architect-Engineer Indefinite Delivery Contracts (IDCs) c. Districts or Centers shall not award multiple A-E SATOCs that have the same or overlapping scopes of work from either a single or multiple synopses. This means that the breadth of each SATOC synopsis scope should be narrowed, both substantively and geographically, to ensure that only one contractor is evaluated as the most highly qualified firm to perform the entire scope of services under the awarded SATOC. d. Selection of at Least Three Firms. When awarding MATOCs, it is necessary to select and award to at least three firms to comply with FAR 16.500(d) and Subpart 36.6. However, going forward, in applying this guidance, in the event that three firms are not part of the MATOC ordering pool, making it non-compliant with the Brooks Act and the procedure in FAR Subpart 36.6, the MATOC (base contract) will require justification and approval in accordance with FAR Subpart 6.3. e. Avoiding Overly Broad Scopes. It is important that the scopes of work for an A-E IDC not be overly broad (e.g., all manner of A-E work that could potentially be performed within a District, or work that extends beyond a Division boundary not specific to a defined program). The use of such broad scopes makes it extremely difficult to comply with the Brooks Act and implementing regulations. f. Annual Updates for SF 330s. As most A-E IDCs have extended performance periods of five (5) years or longer, the information contained in the SF 330 on file used for selection can become outdated over the term of the IDC. Per the Brooks Act, firms are encouraged to update their qualifications information on an annual basis. A-E firms will be encouraged to amend th…