Back to NDAA Contents

Title XIV—Services Acquisition Reform

The Services Acquisition Reform Act of 2003 (SARA)

Public Law 108-136

House Conference Report 108-354

SEC. 1427. IMPROVEMENTS IN CONTRACTING FOR ARCHITECTURAL AND ENGINEERING SERVICES.

(a) TITLE 10- Section 2855(b) of title 10, United States Code, is amended in paragraph (2), by striking `$85,000' and inserting `$300,000'.

(b) ARCHITECTURAL AND ENGINEERING SERVICES- Architectural and engineering services (as defined in section 1102 of title 40, United States Code) shall not be offered under multiple-award schedule contracts entered into by the Administrator of General Services or under Governmentwide task and delivery order contracts entered into under sections 2304a and 2304b of title 10, United States Code, or sections 303H and 303I of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 253h and 253i) unless such services--

(1) are performed under the direct supervision of a professional architect or engineer licensed, registered, or certified in the State, territory (including the Commonwealth of Puerto Rico), possession, or Federal District in which the services are to be performed; and

(2) are awarded in accordance with the selection procedures set forth in chapter 11 of title 40, United States Code.

The House bill contained a provision (sec. 1428) that would amend section 2855(b) of title 10, United States Code, to raise from $85,000 to $300,000 the threshold for a participation incentive for small business concerns in acquisitions for architectural and engineering services. This provision would also require that architectural and engineering services offered under multiple-award schedule contracts awarded by the General Services Administration or under government-wide task and delivery order contracts be performed under the supervision of a licensed professional engineer and be awarded pursuant to the quality-based selection procedures in chapter 11 of title 40, United States Code.

The Senate amendment contained no similar provision.

The Senate recedes with a technical amendment.

House Report 108-117, Part 1

The section would amend section 1102 of title 40 of the United States Code to clarify the terms ‘‘surveying and mapping’’ as used in the definition of architectural and engineering services to ensure that the quality-based selection process in chapter 11 of title 40 of the United States Code is used for the full spectrum of surveying and mapping services. The Federal Acquisition Regulation would also be amended to include the new clarified definition. Further, the section would amend section 2855(b) of title 10, United States Code to raise from $85,000 to $300,000 the threshold for a participation incentive for small business concerns in acquisitions for architectural and engineering services and to conform section 2855 to the title 40 amendments. Finally, the section would require that architectural and engineering services offered under multiple award schedule contracts awarded by the General Services Administration or under government-wide task and delivery order contracts be performed under the supervision of a licensed professional engineer and be awarded pursuant to the quality-based selection procedures in chapter 11 of title 40 of the United States Code.