[Code of Federal Regulations]
[Title 13, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 13CFR305.7]

[Page 553-554]
 
                TITLE 13--BUSINESS CREDIT AND ASSISTANCE
 
CHAPTER III--ECONOMIC DEVELOPMENT ADMINISTRATION, DEPARTMENT OF COMMERCE
 
PART 305--GRANTS FOR PUBLIC WORKS AND DEVELOPMENT FACILITIES--Table of Contents
 
              Subpart B--Requirements for Approved Projects
 
Sec. 305.7  Selection of the Architect/Engineer.

    Guidelines for the selection of the Architect/Engineer (A/E), 
services to be performed by the A/E, contract provisions for those 
services and eligible fees for the A/E are as follows:
    (a) Selection of the A/E may be by sealed bids using formal 
advertising or by competitive proposal procedures subject to negotiation 
of fair and reasonable compensation. The cost plus a percentage of cost 
and percentage of construction cost methods of contracting shall not be 
used.
    (b) The A/E agreement shall provide for all services required by the 
recipient for the engineering feasibility, design and contract 
administration of the proposed project. Appropriate standards or guides 
developed by such professional organizations as the American Consulting 
Engineers Council, American Society of Civil Engineers, National Society 
of Professional Engineers, and/or the American Institute of Architects 
may be used where the grantee does not have standard procurement/
contract documents.
    (c) Exhibit A-1, Checklist for Architect/Engineer Services, in the 
EDA publication, Requirements for Approved Construction Projects, 
displayed at EDA's Web Site, http//www.doc.gov/eda (a copy of this 
publication is available from EDA and a copy will be furnished to an 
award recipient with the Offer of Financial Assistance), lists the 
contract provisions which EDA recommends for the A/E contract. The A/E 
agreement must be furnished to EDA in order for the allowability of the 
costs of A/E services to be determined.
    (d) Eligible project costs may include, but not be limited to, costs 
for A/E fees, resident inspection, test borings, and the testing of 
materials provided under an agreement or contract with the recipient. 
The A/E fees should

[[Page 554]]

be in conformity with similar costs and projects in the area.

[64 FR 69875, Dec. 14, 1999]