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16 <br /> ORANGE COUNTY <br /> NOR C-1R0I.I N <br /> merit and price. The solicitation will contain language defining the basis upon <br /> which the award will be made. <br /> F. Procurement of Architectural and Engineering Services (A&E) — Request <br /> for Qualifications <br /> For procurement of architectural and engineering (A&E) services, OPT will <br /> use qualification-based competitive proposal procedures in accordance with <br /> the Brooks Act, Chapter 11 of Title 40 of the United States Code and <br /> 49 U.S.C, Section 5325(b). A&E services are defined to include program <br /> management, construction management, feasibility studies, preliminary <br /> engineering, design, architectural, engineering, surveying, mapping, or <br /> related services that are directly in support of, directly connected to, directly <br /> related to or lead to construction, alteration, or repair of real property. <br /> The Brooks Act requires that: <br /> 1. An offeror's technical qualifications be evaluated; <br /> 2. Price be excluded as an evaluation factor; <br /> 3. A pricing proposal be requested from and negotiations be conducted only <br /> with the most qualified offeror; and <br /> 4. Failing agreement on price, the proposal must be rejected and <br /> negotiations conducted with the next most qualified offeror until a contract <br /> award can be made to the most qualified offeror whose price is fair and <br /> reasonable. <br /> This qualifications-based procurement method can only be used for the <br /> procurement of A&E services for which any amount of Federal funds is <br /> utilized. <br /> OPT may use either a design-bid-build or a design-build method of <br /> procurement for projects involving both architectural or engineering services <br /> and associated construction activities. When using a design-bid-build method, <br /> OPT will conduct separate solicitations and corresponding procurements for <br /> design services versus construction services. For design services, OPT will <br /> use the qualifications-based competitive proposal procedures based on the <br /> Brooks Act. For construction activities, OPT will use the competitive sealed <br /> formal bid method of procurement explained in Section V.D. of this manual. <br /> When using a design-build method, OPT will conduct a single solicitation and <br /> 14 <br />