2021 US Code
Title 40 - Public Buildings, Property, and Works
Subtitle I - Federal Property and Administrative Services
Chapter 11 - Selection of Architects and Engineers
Sec. 1104 - Negotiation of contract

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Citation 40 U.S.C. § 1104 (2021)
Section Name §1104. Negotiation of contract
Section Text

(a) In General.—The agency head shall negotiate a contract for architectural and engineering services at compensation which the agency head determines is fair and reasonable to the Federal Government. In determining fair and reasonable compensation, the agency head shall consider the scope, complexity, professional nature, and estimated value of the services to be rendered.

(b) Order of Negotiation.—The agency head shall attempt to negotiate a contract, as provided in subsection (a), with the most highly qualified firm selected under section 1103 of this title. If the agency head is unable to negotiate a satisfactory contract with the firm, the agency head shall formally terminate negotiations and then undertake negotiations with the next most qualified of the selected firms, continuing the process until an agreement is reached. If the agency head is unable to negotiate a satisfactory contract with any of the selected firms, the agency head shall select additional firms in order of their competence and qualification and continue negotiations in accordance with this section until an agreement is reached.

Source Credit

(Pub. L. 107–217, Aug. 21, 2002, 116 Stat. 1130.)

Editorial Notes
Historical and Revision Notes
Revised SectionSource (U.S. Code)Source (Statutes at Large)
1104 40:544. June 30, 1949, ch. 288, title IX, §904, as added Pub. L. 92–582, Oct. 27, 1972, 86 Stat. 1279.
Publication Title United States Code, 2018 Edition, Supplement 3, Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
Category Bills and Statutes
Collection United States Code
SuDoc Class Number Y 1.2/5:
Contained Within Title 40 - PUBLIC BUILDINGS, PROPERTY, AND WORKS
SUBTITLE I - FEDERAL PROPERTY AND ADMINISTRATIVE SERVICES
CHAPTER 11 - SELECTION OF ARCHITECTS AND ENGINEERS
Sec. 1104 - Negotiation of contract
Contains section 1104
Date 2021
Laws In Effect As Of Date January 3, 2022
Positive Law Yes
Disposition standard
Statutes at Large References 86 Stat. 1279
116 Stat. 1130
Public Law References Public Law 92-582, Public Law 107-217
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